Page:Ruffhead - The Statutes at Large - vol 9.djvu/266

 2i6 C. 39. Anno quarto Georgi 1 III. A. D. 1763. Pen bffi° f ,1Jfl "! rt ' in ) B XIV. And be it further enafted by the Authority aforefaid, That if any Perfon or Perfons (hall, f<m to the Executioii"!-" at any ^' me 01 'Times hereafter, obftruft, hinder or moleft any Surveyor or Surveyors, or other his Duty. ' C " ° Officer or Officers, Perfon or Perfons vvhatfoever, who are or fhall be employed to put this and the faid two former Afts, or either of them, in Execution, in the Performance or Execution of their Duty; every fuch Perfon and Perfons fo offending (hall, for th'e firft Offence, forfeit the Sum of twenty Shillings; for the fecond Offence the Sum of forty Shillings; and for the third and every other Offence, the Sum of three Pounds. ' XV. And whereas all that Part of a certain Street or Place called Swallotv Street (which is ' fituatc in the two feveral Parifhes of Saint James and Saint George Hanover Square, within the Li- ' herty of Weftmhifter; and extends from the Weft End of a publick Way or Paffage called Minor ' Foubcrt's Paffage, in the faid Parifh of Saint James; and from the Eaft End of Conduit Street in nic ' faid Parifli of Saint George Hanover Square, Northwards, to a certain Street or Place called Oxf.rd ' Road) hath for feveral Years paft been, and frill is, in all Refpefts completely paved as a Streer, ' with Houfes of Habitation, and other Buildings regularly erected and built on each Side thereof: ' And whereas the faid Part ot' Swallow Street above defcribed, was not a Street (at the Time of ■2.IV. (gM.fiat. z. e. 8. ' pairing an Aft of Parliament in the fecond Year of the Reigns of the late King William and ' Queen Mary, made (anongft other Things) for paving and cleanfing the Streets in the Cities of ' London and Wejhninjler, and Suburbs and Liberties thereof) but was then, and for feveral Years ' after, ufed as a common graveled Lane or Highway, not built upon as a Street, and was calLd '' Street above defcribed, is or is not now a Street within the Meaning of the faid laft mentioned Aft ' of Parliament, with refpeft to the Paving thereof, and keeping the fafne in Repair :' For the ob- The whole of Swallow viating of which Doubts, be it enacted by the Authority aforefaid, That the faid Part of Swallow Street above defcribed, Street herein before defcribed, (hall at all Times hereafter be, and be deemed and taken to be a strmf " p Publick Street, and Part of Swallow Street aforefaid, to all Intents, Conftruftions and Purpofes and to' be within the whatfoever, and within the Meaning of the faid Aft of Parliament, made in the faid fecond Weaning of the Act of Year of the Reign of King William and Queen Mary; any thing in this or in any former Aft 1 W. & M. ft. z. c. 8. or Afts of Parliament contained, or any other Law, Ufage or Cuftom, to the contrary in any wife notwith (landing. Commiffioners impower- XVI. And be it further enafted by the Authority aforefaid, That the faid CommiiTioners, or ed, with Confent ot the any feven or more of them, may, and they are hereby impowered to make, or caufe to be made, proprietors, and at their r> rr t-s rr- i 1 c* rt ■ i • ^i_ T> • n i ni Expence, to make any an Y railage or railages, through any Square or Place within the ranlnes and Places com- oew Paffages, prized in the faid recited Afts or this prefent Aft, with the Confent of the Owner or Ow- ners, Proprietor or Proprietors, and at the Expence of fuch Owner or Owners, Proprietor or Pro- prietors thereof; and if any fuch new Paffage or Paffages fhall be made, the faid Commiffioners may and to pave, cleanfe and pave, repair, cleanfe and light the fame, in like Manner, and under the fame Powers, Provifions, • light the lame-. Rules, Regulations and Authorities, and is herein and in the faid two feveral recited Afts provided, in Refpeft of the Squares, Streets, Lanes, Courts, Alleys, Yards, Paffages and Places before mentioned. No Part of the Monies XVII. Provided always, That no Part of the Monies that fhall be given by Parliament for the gran ted by Parliament, p urpo fes of this and the faid two recited Afts, nor any Part of the Monies that fhall be railed by 1«; «" tlle Rates to be made and levied by virtue of this and the faid two recited Afts, fhall be applied beapphed in purchasing . r, r ■ r r i r • i t i tt r • i r i 1 /-* i o i Houfes or Ground for to the Purpoie or purchahng the laid Lands or Houfes, or either or them, or the (jround or Sou the above Purpofe. thereof. In order to make a new ' XVIII. And whereas by the faid recited Aft of the fecond Year of his prefent Majefty, Power Paffage, or open the old ' is given to the faid Commiffioners, or any feven or more of them, to make a new Paffage, or pne at the Devil's Gap « widen the old one, from Drury Lane into Great ghieen Street, in the Pari fh of Saint Giles in the near Long Acre, < Fields, in the County of Middle/ex, at or near a certain Place called The Devil's Gap, and near ad- ' joining to the Eaft End of Long Acre, in Manner, and upon the Terms and Conditions, in the the Commiffioners are ' f a id Aft mentioned;' Be it therefore further enafted by the Authority aforefaid, That upon Pay- Mo^slnaTbV'ateed ment. of fuch Sum or Sums of Money as fhall be agreed to be paid for the Premiffes mentioned in on bein*! paid, o/satis" the f a ' d ^^ recited Aft, or fuch Part thereof as fhall be neceffary to be purchafed for that Purpofe; faction made to the Ow- or if no Agreement or Contract fhall be made, then upon making Satisfaction, in Manner herein ners, to take down fuch after mentioned, to the Owners of, and Perfons interefted in, fuch Premiffes, it fhall and may be Houfes asflrall be necef. lawful to and for the faid Commiffioners, or any feven or more of them, to take down, or caufe or ftiy tor that Purpofe: p rocure to De taken downfall fuch Houfe or Houfes, with the Appurtenances, on the South Side of the faid Gap, or any Part or Parts of all or fuch of the faid Houfes as fhall be neceffary for the Purpofe (not exceeding in the Whole fix fuch Houfes) and to caufe the Materials thereof to be re- moved and taken away. And where the Perfons XIX. And be it further enafted by the Authority aforefaid, That if any Body Politick, Corpo- ln'erdttd^ in fuch Lands r ate or Collegiate, Corporation Aggregate or Sole, Feoffees in Truft, Executors, Adminiftrators, Guardians, Committees or other Truftees, or any other Perfon or Perfons whomfoever, in any wife interefted in any fuch Lands, Tenements, Buildings, Houfes, Grounds or Hereditaments, upon ten Days Notice to them given or left in Writing at the Dwelling-houfe or Houfes, Place or Places of Abode of fuch Perfon or Perfons, or of the Head Officer or Officers of fuch Body Politick, Cor- porate or Collegiate, Aggregate or Sole, or at the Houfe of the Tenant in Poffeffion of fuch Lands, frail. refute totoator Tenements, Houfes, Buildings, Grounds and Hereditaments, fhall negleft or refufe to treat, or ' fhall not agree for the Sale of any fuch. Lands, Tenements, Houfes, Buildings, Grounds or Here- ditaments, ag
 * Marybone Lane; and therefore fome Doubts have lately arifen, whether the faid Part of Swallow