or profit thereout, from any papift or perfon profeffing the popith religion, to any proteftant or proteftants, or by reafon of which deed or will, any proteftant or proteftants may claim or derive any legal, equitable, or other intereft whatfoever, to his, her, or their ufe, for his, her, or their benefit of any other proteftant or protestants, though not inrolled, or not inrolled in due time, fhall be as good and effectual in the law, as the fame would have been in cafe the faid deeds and wills had been inrolled within the times limited by the faid claufes in the faid acts for the inrollment thereof, provided the fame deeds and wills fhall be inrolled on or before the first day of January, one thousand seven hundred and fixty five, in such manner as by the said clause in the said first mentioned act is directed.

whereof ad

rollment thereof, before

1 Jan. 1764.

II. Provided always, That nothing herein contained fhall ex- No deed, will, tend, or be construed to extend, to make good any fuch deed, or lease, made will, or leafe, already made and not inrolled, of the want of in- good hereby, rollment whereof advantage thall have been taken on or be vantage has fore the first day of January, one thousand seven hundred and been taken of fixty four, but every fuch deed, will, or leafe, fhall remain of the non-infuch force and effect only, as the fame would have had if this act had never been made, and of none other force and effect. III. And whereas many purchases made by protestants, may be in danger of being impeached or called in question, in regard that some deeds or wills, through which the title thereto is derived, ought to have been inrolled according to the faid acts, but have not been fo inrolled; be it therefore further enacted Purchases by the authority aforefaid, That no purchase made for full and made by provaluable confideration of any manors, meffuages, lands, tene- ftand good, if ments, or hereditaments, or of any intereft therein, by any pro- no advantage testant or protestants, and merely and only for the benefit of the has been taken proteftants, fhall be impeached or avoided, for or by reafon for non-inroll that any deed or will through which the title thereto is derived, ment. hath not been inrolled as required by the faid acts, so as no advantage was taken of inrollment thereof, before fuch purchase was made, and so as no decree or judgment have been obtained for want of the inrollment of fuch deeds or wills.

teltants shall

IV. Provided also, That nothing herein contained fhall ex- No grant, tend, or be construed to extend, to make good any grant, leafe, leafe, or mort or mortgage, of the advowfon, or right of presentation, colla- gage of the advowfon, or tion, nomination, or donation, of and to any benefice, prebend, right of preor ecclefiaftical living, fchool, hofpital, or donative, or any fentation to a avoidance thereof, made by any papift or perfon profeffing the living, &c. popifh religion, in truft, directly or indirectly, mediately or im- made by any papist in truft, mediately, by or for any fuch papift or perfon profeffing the &c. to be here popith religion, whether fuch truft hath been declared by writ- by deemed ing or not.

good.

VOL. XXVI.

K

CAP.

Preamble.

CA P. XXXIX.

An att to explain, amend, and render more effectual, two feveral acts of parliament, made in the fecond and third years of his prefent Majesty, for paving, cleansing, and lighting, the fquares, ftreets, and lanes, within the city and liberty of Westminster, and other places therein mentioned, and for preventing annoyances therein; and for other purposes therein mentioned.

WHEREAS an act was made in the fecond year of the reign

of his prefent Majefty, intituled, An act for paving, cleanfing, and lighting, the fquares, ftreets, and lanes, within the city and liberty of Westminster, the parishes of Saint Giles in the Fields, Saint George the Martyr, Saint George Bloomsbury, that part of the parish of Saint Andrew's Holbourn which lies in the county of Middlesex, the feveral liberties of the Rolls and Savoy, and that part of the dutchy of Lancaster which lies in the county of Middlefex, and for preventing annoyances therein; and for other purposes therein mentioned: and whereas another act was made in the last feffion of parliament, to explain, amend, and render more effectual, the laft mentioned act: and whereas the commissioners for putting the faid two feveral acts in execution, have made fome further progrefs in the trufts thereby repofed in them, but find that both the faid acts are defective with refpect to fome of the powers thereby given; nor can the said acts be effectually put in execution, fo as to answer the good purposes thereby intended, unless fome new powers are granted, and the faid acts, in other refpects, amended, and made more effectual; may it therefore please your Majefty, that it may be enacted; and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affemWhere a fuffi- bled, and by the authority of the fame, That if at any time or cient number times, from and after the paffing of this act, it fhall happen, of commiffionthat there fhall not appear at any meeting which fhall be apers shall not meet to act pointed to be had or held by the faid commiffioners, a sufficient and adjourn, number of commiffioners, as provided for by the said recited acts, to act at fuch meeting, and to adjourn to another day, that then, in fuch cafe, it fhall and may be lawful to and for the clerk fummon ano- to the faid commiffioners for the time being, and he is hereby ther meeting; required to fummon the faid commiffioners to meet at the place mons is to be where the laft meeting was appointed to be held, within fix days delivered 4 next after the day on which fuch last meeting was appointed to be held; fuch fummons to be in writing, and figned by the clerk, and to be delivered at the ufual or last place of abode of the said commiffioners, at leaft four days before fuch next meeting; and Clerk dying, in.cafe the faid clerk fhall happen to die before fuch fummons ifor neglecting, fued, or fhall neglect to iffue fuch fummons in manner aforethe treasurer faid, then the treasurer to the faid commiffioners for the time fuch meeting. being shall and may, and he is hereby required to issue such sum

Clerk is to

and the fum

days before,

at the commiffiones houses.

is to fummon

mons in manner aforefaid.

II. And

II. And be it further enacted by the authority aforefaid, That Powers and all and every the powers, authorities, directions, provifions, re- claufes in the present and gulations, claufes, matters, and things whatfoever, contained former acts, in the faid recited former acts, and this act, or either of them, extended to all fhall extend to all places, not thoroughfares, within the faid places comparishes, precincts, and places, comprized in the faid former prized in the laid acts. acts, in fuch and the fame manner as they already extend, or are hereby intended to extend, to places which are thoroughfares, as effectually, to all intents and purposes, as if the respective powers, authorities, directions, provifions, regulations, clauses, matters, and things, in the faid acts, or either of them, contained, were herein repeated and specially enacted.

port to be

III. And whereas by the said act of the second year of his Claufe in a&t prefent Majesty, the commiffioners for putting the faid act in 2 Geo. III. reexecution, are directed to cause the works done, under the au- quiring a rethority of the said act, to be inspected by their surveyor or fur- made by the veyors, or other perfon or perfons appointed by them for that furveyor, of purpose, who are to report to the commiffioners, in cafe the faid any non-perworks fhall not be performed according to the true fenfe of the contract, be-> contract or contracts entered into for that purpose, before the fore the comfaid commiffioners can cause the perfon or perfons, fo contract- miflioners ing, to be fued for nonperformance of their contract, which me- bring an acthod has been found inconvenient; wherefore, be it further en- fame, repealacted by the authority aforefaid, That fo much of the faid act ed. as requires and directs a report to be made by the furveyor or furveyors, or other perfon or perfons appointed by the commiffioners for that purpose, before any action fhall be brought against any person fo contracting, fhall be, and the same is hereby declared to be repealed.

tion for the

the commif

or extracts

IV. And be it further enacted by the authority aforefaid, Receivers, or That it fhall and may be lawful for the receiver or receivers of other perfons the rates, or affeffiments appointed or to be appointed by the faid authorized by commiffioners, or any or either of fuch receiver or receivers, or fioners are to for any other person or perfons authorized by the said commif- be allowed to fioners, or any three or more of them, at all convenient times infpect and (first having an order under the hands of the faid commiffion- take copies of, ers, or any three or more of them, for that purpose, to infpect from the the books or rates made for raifing money for the relief and books of poors maintenance of the poor of all or any of the parishes or places rates in the comprehended within the faid recited acts, or either of them, feveral parishes gratis, in order to ascertain the rates and affeffments to be raised by vir- in order to aftue of this and the said two recited acts, and also to take copies certain the thereof, or make extracts therefrom, and likewife to infpect and affeffments to take copies of, or extracts out of or from, any book or books be made by kept by any parish officer or officers, or other officer or officers recited acts. appointed by authority of parliament, within the cities of London eftminster, or county of Middlefex, for the paving, cleanfing, or lighting, any square, ftreet, lane, place, or district, in London, Westminster, or Middlefex; which inspection, copies, and extracts, the veftry clerk or veftry clerks, or other officer or officers of the refpective parishes and places, or other officer or

K 2

officers,

virtue of the

Penalty of fuch refufal.

Commiffioners allowed to compound for penalties in breach of contract.

rated and aflessed.

officers, perfon or perfons, having the cuftody of fuch book and rate books and rates, are hereby required to permit and fuffer to be made, without fee or reward, by fuch receiver or receivers, or other perfon or perfons appointed as aforefaid, on their producing an order under the hands of the said commiffioners, or any three or more of them, for that purpose; and in case any fuch veftry clerk, or other fuch officer or officers, or perfon or perfons, fhall neglect or refuse so to do, within three days after fuch order shall be produced and fhewn to him or them, or a copy thereof left at his or their laft or most usual place of abode, then, and in every fuch cafe, he or they so refufing or neglecting, fhall, for the first offence, forfeit the fum of twenty fhillings; for the second offence, the fum of forty fhillings; and for the third, and every other offence, the fum of three pounds.

V. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the faid commiffioners, or any five or more of them, from time to time, and at all times hereafter, to compound and agree with any person or perfons against whom the faid commiffioners, or any five or more of them, fhall bring or caufe to be brought any action or actions, fuit or fuits, for any penalty or penalties, contained in any con tract or contracts already entered into, or hereafter to be enter ed into, on account of any breach or nonperformance of any fuch contract or contracts, for fuch fum or fums of money as they, or any five or more of them, fhall think proper, so as the fum fo compounded and agreed for, be not less than the injury or damage fuftained by the breach or nonperformance of any fuch contract or contracts, and all the cofts, charges, and expences, which fhall be occafioned thereby.

VI. And, for the more effectual and proportional rating dead walls, void spaces of ground, and other buildings and erections Dead walls, belonging to any land, houfe, fhop, warehouse, cellar, vault, void fpaces of or other tenement; be it further enacted, That it fhall and may ground, and be lawful to and for the faid commiffioners, or any five or more buildings, &c. belonging to of them, and they are hereby required, when and at fuch time any fuch land, and times as the rates and affeffments hereby and in the faid rehoufe, hop, cited acts, or either of them, are directed to be made, to rate &c. how to be and affefs all fuch dead walls, void spaces of ground, and other buildings and erections, belonging to any fuch land, house, shop, warehoufe, cellar, vault, or other tenement, fituate, standing, lying, and being within the faid parishes and places, comprehended 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, house, fhop, warehouse, 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 affeffments, to be laid, received, recovered, and applied, in fuch manner as other rates

and

ments for the

be relaid un

pence, and

the fquares, ftreets, lanes, courts, alleys, yards, paffages, or furveyor, of places, which fhall be begun to be paved by virtue of this or the taking up the faid two recited acts, fhall be taken up by any person or any paveperfons, for the purpose of making, repairing, or altering, any purpofe of vault or drain, or for any other purpose whatsoever; the perfon making, reor perfons fo taking up fuch pavement or pavements, fhall im- pairing, or al mediately give notice thereof to the furveyor or furveyors em- vault or drain, tering, any ployed by the commiffioners for putting this and the faid recited &c. acts in execution, in order that the fame may, with all conveni- in order that ent fpeed, be laid down and repaired, under the inspection of the the fame may faid furveyor or furveyors; and the charges and expences there- der his infpecof fhall be paid by the faid commiffioners, and they fhall be re- tion. imbursed the same by the perfon or perfons, companies of wa- Commiffioners ter-works, or commiffioners of fewers, who fhall take up, or to pay the excause or procure to be taken up, the faid pavement or pavements, they are to be or any part or parts thereof; and in cafe fuch perfon or perfons, reimbursed by companies of water-works, or commiffioners of fewers refpec- the perfons tively, fhall neglect or refufe to pay what the faid commiffioners taking up such fhall have fo paid and disbursed, within ten days next after no- pavements: on their negtice thereof, to be left, by the receiver or receivers appointed, or lect or refufal, to be appointed, by the faid commiffioners, at the dwelling-house, after due noor laft place of abode of fuch perfon or perfons, or of the fecre- tice given, tary or fecretaries, clerk or clerks, of fuch companies of waterworks, or commiffioners of fewers refpectively; which notice fhall be in writing, and figned by the clerk to the commiffioners for putting this and the said recited acts into execution, by order of the faid commiffioners, or any three or more of them, and annexed to the bill containing an account of the expence of fuch repair; it shall and may be lawful to and for the said laft mentioned commiffioners, or any three or more of them, and they are hereby authorized and impowered to bring, or caufe an action may to be brought, any action or actions, in the name or names of be brought for their treasurer or treasurers for the time being, for the recovery the treasurer's the money in of fuch fum or fums of money as they fhall have fo expended, name. for the relaying and repairing fuch pavement or pavements taken up in manner aforefaid; and in cafe fuch perfon or perfons hereby directed to give fuch notice to the furveyor or furveyors, as Penalty of not is before directed, fhall neglect fo to do, for the space of twenty notice of the giving due four hours after fuch pavement or pavemetns be fo taken up, taking up fuch fuch person or perfons fhall, for every such offence, forfeit and pavements. pay the fum of twenty fhillings.

make new

commiffioners

XII. And be it further enacted by the authority aforefaid, That Where it shall when and so often as there fhall be occafion, after the paffing of be neceffary to this act, to make new, or additional, or repair, or alter, any of grates, or to the old grates belonging to the commiffioners of fewers, in any repair or alter of the fquares, ftreets, lanes, courts, yards, alleys, paffages, old ones, the or places, which have been, or fhall be, begun to be paved by of fewers are virtue of this and the faid two former acts, the fame fhall be to pay the exmade new, repaired, or altered, at the expence of the faid com- pence; miffioners of fewers; and the fame, when so made new, repair- and the grates ́ed, or altered, shall be laid down in such places, and at fuch are to be laid distance

K 4

down as the