&c. from the

accrued in and about the aforefaid action, and that the clerk for the time being to the faid commiflioners of fewers may be faved harmless and indemnified therefrom, and that the faid commiffioners of fewers may be duly authorised and impowered to raise monies for the purposes aforefaid: May it please your Majesty that it may be enacted; and be it enacted by the King's molt excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That Commiffionfrom and after the paffing of this act, it fhall and may be law- ers of fewers ful to and for the commiffioners of fewers, for the limits ex- to enquire by tending from Eaft Mouldfey in the county of Surrey, to Ravenf- a jury what borne in the county of Kent, or any fix or more of them, three owner, &c. whereof are to be of the quorum, and they are hereby authorif- may be hurt, ed and required to enquire, by the oaths of twelve or more ho- fewers within neft and lawful men, within the counties of Surrey and Kent re- Southwark, fpectively, what perfon or perfons hath or have, or holdeth or and to affels hold any meffuages, lands, tenements, or hereditaments with them for the in the faid limits, or hath, or may have any benefit or hurt, this act, purpose of lofs, or disadvantage, by any manner of means, from the fewers or drains within the faid limits; and all those perfons, and every of them, to tax, affefs, charge, diftrain, and punish, after the quantity of their meffuages, lands, tenements, rents, and hereditaments, and the rate of every perfon's portion, tenure, and profit, for and towards the difcharge and fatisfaction of the monies which have been fo expended by the faid commiffioners, for putting the faid before-recited act of the fixth year of his prelent Majefty into execution as aforefaid, and of the cofts and charges which have accrued in and about the profecution and defence of the action aforefaid, and of the neceffary cofts and charges incidental to the enquiry and affeffiment hereby directed to be made, and alfo of the cofts and charges expended and laid out in or by reafon of obtaining and paffing this present act of parliament, by fuch ways and means, and in such manner and form, as to the faid commiffioners of fewers, or any fix or more of them, three whereof shall be of the quorum, fhall feem meet; to be done and ordained according to and in pursuance of pursuant to the powers of the several powers and authorities vefted in them by their com- their commif miffion, or by virtue of an act of parliament made and paffed in fion. the twenty-third year of the reign of the late King Henry the Eighth, intiuled, The bill of fewers, or any other act or acts of parliament made and now in force relating to the power and authority of the faid commiffioners of fewers, or for the purpofe of executing their commiffion.

the affeflment.

II. And be it further enacted by the authority aforefaid, That Application from and out of the monies to be raised and collected by the of the monies enquiry and affeffment as aforefaid, the faid commiffioners of to be railed by fewers, or any fix or more them, three whereof fhall be of the quorum, fhall, in the first place, pay and fatisfy unto the faid commiffioners in each diviñion for putting the faid recited act in execution, or any five or more of them the monies fo respectiveVOL. XXIX.

B

ly

Directions to

tions of the

ly expended by them as aforefaid; and in the next place, the cofts and charges before mentioned, and in cafe there fhall be any furplus remaining after fuch payments, the fame thall be from time to time paid and applied by the faid commiffioners of fewers, in and towards the general charges and expences of executing their commission.

III. And be it further enacted by the authority aforefaid, That commiffioners in cafe the commiffioners for putting the faid recited act in exefor paving in cution, or any five or more of them, thall at any time or times, future altera- from and after the paffing of this act, think it neceffary, or have fewers. occafion to make any new or additional grates over any fewer or fewers, within the streets or lanes, or places comprised and mentioned in the faid recited act, or any of them, or to repair or alter any of the old grates therein, or to make new, repair, alter, cleanse, or empty any fewer or drain, which is or fhall be under the direction of the commiffioners of fewers, fituate in, or communicating with the faid streets, lanes, and places aforefaid, or any of them; then the faid commiffioners for putting the faid recited act in execution, or any five or more of them, or their furveyor or furveyors for the time being, within their respective divifions, or other perfon or perfons authorised by them, fhall, and they are hereby directed and required to give or leave notice in writing, unto and for the clerk for the time being to the faid commiflioners of fewers, at his usual or laft place of abode, of their intention to have any fuch new or additional grates, made or placed over any fewer or fewers within the limits aforefaid, or to have any fuch reparation or alteration of the old grates therein, or to have any fuch fewer or drain made new, repaired, altered, cleanfed, or emptied, as the cafe may be; and the faid clerk is hereby directed and required, immediately after the delivery of any and every fuch notice as aforefaid, to fummon fix or more of the faid commiffioners of sewers, who fhall be inhabiting or dwelling in or near the borough of Southwark, three whereof fhall be of the quorum, to furvey the grates, fewers, and drains, mentioned and fpecified in fuch notice, within ten days next after the receipt thereof; and they the said commiflioners are hereby required and directed to survey the fame, within the time before limited, and after fuch furvey fhall be had and made, to cause such grates, fewers, and drains to be forthwith made new, corrected, repaired, amended, altered, cleansed, emptied, or reformed, as the cafe fhall require, and by the oaths of a jury to enquire what perfon or perfons are or ought to contribute to the charges and expences thereof in each divifion, and to tax, affefs, charge, diftrain, and punish, all and every such person and perfons, for the redrefs and reformation thereof, by fuch ways and means, and in such manner and form, as to the faid commiffioners fhall feem fit to be done and ordained, according to and in pursuance of the feveral powers and authorities vefted in them the faid commiffioners by their commiffion, or by virtue of the faid act of parliament of the twenty-third year of the late King Henry the Eighth, or any

The clerk to fummon them to furvey defects, &c. on

notice.

Commission

ers of fewers

directed to. furvey the

fame, and to cause grates, lewers, and drains to be reformed, and to enquire by a jury who ought to be contributory to the expence, &c.

I

other

other act or acts of parliament made and now in force relating to the power and authority of the faid commiffioners of fewers, or for the purpose of executing their commiffion.

to be collect

IV. Provided always, and be it further enacted by the autho- Where two rity aforefaid, That two parts in three (the whole into three parts in three equal parts being to be divided) of the monies to be raised and of monies are collected by the enquiry and affeffment aforefaid, fhall be, and ed. the fame is hereby directed to be raised and collected upon the owners and occupiers of all the meffuages, lands, tenements, and hereditaments, fituate and being within the levels or diftricts, commonly called or known by the name or names of Bridgeboufe Sluice, Green Bank Mill Stream, Battle Bridge Mill Stream, Saint John of Jerufalem Sluice, Bare Sluice, Boars-head Shuice, Black Lyon Sluice, and Whitewall Sluice in the county of Surrey, and which are lying, being, or adjoining to any part or parts of any other fluice, common, fewer, or ftream, running in or through any of the streets, lanes or places comprised in the faid recited act of the fixth year of his prefent Majefty; and that the other or remaining third part of the faid monies fhall be, and the fame is hereby directed to be raised and collected upon the owner and occupiers of meffuages, lands, tenements, and hereditaments, fituate, lying, and being in all the other levels or districts within the limits, under the cognizance and jurifdiction of the said commiffioners of fewers, and not otherwise, or in any other manner.

V. And be it further enacted by the authority aforefaid, that Commiffionin cafe the faid commiffioners of fewers fhall neglect or refufe to ers to cause caufe any fuch grate, fewer, or drain to be made new, corrected, grates and repaired, amended, altered, cleanfed, or emptied, as the cafe repaired; fhall require, for the space of fourteen days after the delivery of every fuch notice as aforefaid, that then it shall and may be lawful to and for any five or more of the faid commiffioners, who are or fhall be authorised to put the faid recited act of the fixth year of his present Majefty in execution to cause every such grate, fewer, and drain, whereof fuch notice fhall be given or left as aforefaid, to be made new, corrected, repaired, amended, altered, cleansed, emptied, and reformed, as the cafe may require, or fo much thereof as fhall be neglected to be finished by the faid commiffioners of fewers, the charges and expences whereof fhall be paid by the commiffioners authorised to put the faid laft-mentioned act in execution, who fhall be reimbursed the fame by the clerk or expenditor genera! for the time being to the faid commiffioners of fewers; and in cafe the faid clerk or expenditor to the faid commiffioners of fewers (hall neglect or re fufe to pay what fhall have been fo paid and difburfed, within three months next after notice thereof thall be left at the dwelling-house or laft place of abode of such clerk or expenditor, (which notice fhall be in writing, and figned by the clerk to the comtaifioners authorifed to put the faid laft-imentioned act in Execution, and annexed to a bill containing an account of fuch charges and expences) it fhall and may be lawful for any five or

and to keep accounts of

monies to be

affeffments.

more of the said laft-mentioned commiffioners, and they are hereby authorised and impowered to bring, or cause to be brought, any action or actions, in the name of their clerk for the time being, against fuch clerk or expenditor of the faid commiflioners of fewers for the time being, and to recover upon any fuch action or actions, all and every of fuch fum and fums of money as shall have been expended by the commiffioners for putting the faid laft-mentioned act in execution, for the purpofes aforefaid; in which action or actions no effoin, protection, or wager of law, or more than one imparlance, fhall be allowed. VI. And be it further enacted by the authority aforefaid, that the faid commiffioners of fewers thall, and they are hereby dicollected by rected and required, from and immediately after the paffing of this act, to keep, for the future, feparate and diftinct accounts of all monies to be raised or collected by virtue of any rates or affeffment which fhall be made or allowed by the faid commiffioners, in each and every level or district within the limits. aforefaid; and that fuch monies fhall be, from time to time, paid, applied, difburfed, and expended by the faid commiffioners, in, and towards the new-making, altering, amending, repairing, cleanfing, and reforming the feveral fluices, fewers, drains, and grates, within each and every fuch fuch level or district wherein the faid monies fhall be raised or collected, at the rateable or proportionable part of fuch level or district, for and towards the general charges and expences attending the execution of the faid commiffion, and not otherwife; and that fuch feparate accounts fhall and may be infpected by any perfon or perfons charged to the payment of any fuch rate or affeffment who shall be intitled to have copies of fuch accounts, or any part thereof, upon payment of fix-pence for every one hundred words contained therein.

Commiffioners of fewers to make new additional grates.

VII. And whereas fome doubts have arifen, whether the faid commiffioners of fewers are authorised or impowered to make any new or additional grates over any fewer or fewers, or to repair or alter any of the old grates therein, or to caft, cleanse, make new, repair, and alter the common fewers within their jurifdiction at the cofts and charges of their commiffion : it is therefore enacted by the authority aforefaid, that the faid commiffioners of fewers fhall be, and they are hereby authorised and impowered for the future, to make new or additional grates over any fewer or fewers, and to repair and alter any of the old grates therein, and to caft, cleanfe, make new, repair, and alter all and every of the common fewers, fituate and being in the feveral levels or diftricts, within the limits aforefaid, as the cafe may require, and from time to time to affefs and levy the charges and expences thereof, by an affeffment on all the owners and occupiers of all or any meffuages, lands, tenements, or hereditaments, within the fame levels or diftricts, as to them fhall feem meet to be done; the right or claim of any fuch owners or occupiers now fet up, or hereafter to be fet up, by prefcription or otherwife, for making new or additional grates over any fuch

fewer

churches.

fewer or fewers, or for repairing or altering any of the old grates therein, or for cafting, cleanfing, repairing, or altering the fame common fewers, at their own private cofts or charges; or any law, ufage, or cuftom to the contrary notwithstanding: and Commiffioners whereas by the said recited act it is enacted, that it fhall be law- to affefs parish ful for the faid commiffioners, at their difcretion, and they are hereby required, from time to time, to rate and affefs, for the purpofes of the faid act, all parish churches, church-yards, chapels, meeting houfes, fchools, warehouses, hofpitals, prifons, and all other publick buildings whatsoever, and all dead walls and void fpaces of ground, fituate and being within the faid streets and other places, at a rate to be fettled by the faid commiflioners, not exceeding fix-pence for every square yard belonging to every fuch parish church, church yards, chapel, meeting-house, school, warehouse, hofpital, prifon, and other publick building whatfoever, dead wall and void space of ground: and whereas the faid commissioners have, under the authority of the faid act, rated and affeffed fome churches, church-yards, publick buildings, dead walls, and void spaces of ground, within the faid ftreets and places by the fquare yard, for the whole content thereof, and others only for the content of the street or ground lying before the fame; be it therefore further enacted by the authority Commissioners aforefaid, that the commiffioners appointed, and hereafter to be appointed to appointed, to put the faid recited act in execution fhall, from Put the recited and after the paffing of this act, and they are hereby required, tion. from time to time, to rate and affefs, for the purposes of the faid recited act, all parish churches, church-yards, chapels, meeting-houses, schools, hofpitals, prifons, and all other publick buildings whatfoever, and all dead walls and void spaces. of ground, fituate and being within any of the faid ftreets and, other places, in an equal manner by the fquare yard, not exceeding the rate of fixpence for every fquare yard, lying between: the faid fences and the middle of the carriage-way lying before fuch parish churches, church yards, chapels, meeting-houses, fchools, hofpitals, prifons, publick buildings, dead walls, and void fpaces of ground, and not otherwife: provided that no owner or proprietor, owners or proprietors of any such publick buildings as aforefaid, fhall be liable to pave or repair the pavements before fuch publick buildings refpectively; any thing in the faid former act contained to the contrary notwithstanding.

act in execu

VIII. And be it further enacted by the authority aforefaid, that Commiffioners Herbert Thomas and Richard Ruffel efquires; Beriah Hills, names. William Biley, Jofeph Collyer, Richard Bodman, Amos Angles, William Mafon, John Davis, Francis Holmes, Henry Whittel, William Browning, Nathaniel Nichols, John Varnham, Richard Carpenter Smith, Richard Tomley, Richard Norfolk, Richard Toye, George Lane, William Baldwin, Junior, Daniel Morgan, James Wadham, William Holmer, Thorold Lowdell, Jofeph Bratt, Richard Miles, Richard Bennet Gentlemen, fhall be, and they are hereby nominated and appointed commiffioners for putting in execution the faid recited act of the fixth year of his prefent Majesty, for

B3

paving