Agreement betwixt land

lord and tenant, not vacated,

Freemen, not paying the rates, inca

LVII. Provided always, and it is hereby further enacted, That nothing in this act contained fhall be deemed or taken to make void any contract, covenant, or agreement, between landlord and tenant, touching or concerning the paving, cleanfing, or enlightening, any, or any part of any, of the faid ftreets, lanes, fquares, yards, courts, alleys, paffages, and places, within the faid city and liberties; but that every fuch landlord who is now, by virtue of any fuch contract or agreement, obliged to pave, keep in repair, cleanfe, or enlighten, any part thereof, fhall, in lieu thereof, pay or allow unto his, her, or their respective tenant or tenants, the rate or rates to be rated or affeffed on fuch tenant or tenants refpectively, or so much thereof as thall be just and reasonable, according to the true meaning of fuch contract, covenant, or agreement, for and during fuch time as fuch contract, covenant, or agreement, shall remain in force; and in cafe any difpute fhall arife concerning fuch contract, covenant, or agreement, the faid court of mayor and aldermen fhall have power to hear and finally to determine the fame.

LVIII. And, for the more effectual enforcing the payment of the faid rates and affeffinents for the purposes aforefaid, it is hereby further enacted by the authority aforefaid, That if any freeman of London, liable to pay the faid rates and affeffments, or any re-affeffiments which fhall and may be made in cafes pable of vot herein after mentioned, fhall have neglected or refufed to pay ing. the fame, or any part thereof, after fuch demand as aforefaid; or if any fuch freeman fhall, for or in refpect of poverty or inability, have defired to be excused, and accordingly thall have been excufed, from paying any fuch rate, affeffment, or re-affeffment; then, and in fuch cafe, every fuch freeman fhall be under the fame incapacity of voting at elections within the city of London, as any perfon or perfons now is or are, who do not pay their fcot or lot to any of the yearly rates. and affeffments, to which the citizens of London are at this time, or fhall hereafter become, liable,

Perfons ag

grieved inay Sppeal.

LIX. Provided always, and it is hereby declared and enact ed, That any perfon or perfons who fhall think him, or herfelf, or themselves, aggrieved, by any rate or affeffment to be made by virtue or in purfuance of this act, may, within the fpace of thirty days next after fuch rate and affeffment fhall have been demanded as aforefaid, appeal to the faid commiffioners, and they are hereby authorized and required forthwith to appoint a day for hearing fuch appeal; and the party or parties, fo appealing, fhall give three days notice, at the leaft, of the day to appointed, to the alderman of the ward in which the faid affeffment fhall have been made, or to his deputy: and fuch notice having been given, the faid commiffioners fhall and may, upon the day fo appointed, proceed to hear and determine fuch appeal, and their determination fhall be final; and no fees fhall be paid on the making, hearing, or determining, of fuch appeal.

LX. Pro

LX. Provided also, and it is hereby further enacted and declared, That if the alderman of any ward within the faid city of London, or his deputy, with the major part of the common council men of the faid ward, fhall, at any time or times hereafter, in any rates or affeffments by them to be made, by virtue or in pursuance of this act, neglect or omit to rate or affefs any perfon or perfons liable to fuch rates or affeffments, or shall neglect or omit to rate or affefs any lands, tenements, or hereditaments, or the inhabitants or occupiers thereof, within their ward, in proportion to the yearly rent of fuch lands, tenements, or hereditaments respectively, as the fame fhall be afcertained and rated in the rate or affeffment towards the land tax; then, and in every fuch cafe, upon complaint thereof made, by any inhabitant of the faid city, to the faid commiffioners, they are hereby authorized and required forthwith to appoint a day for hearing fuch complaint; and the party or parties complaining fhall give three days notice at the leaft of the day fo appointed, to the alderman of the ward to which fuch complaint fhall relate, or to his deputy; and fuch notice having been given, the Commiffionfaid commiffioners fhall and may proceed to hear and deter- ers to hear and mine fuch complaint; and, for that purpose, fhall and may complaints of fummon witneffes before them, and examine fuch witneffes up- inhabitants. on oath (which oath the faid commiffioners are hereby authorized and impowered to adminifter;) and if the faid commiffioners fhall judge the matter of fuch complaint to be true, they fhall make fuch alterations in the faid rate or affeffment as fhall be juft.

determine

LXI. And it is hereby further enacted, That every collector Money col of the rates and affeffments aforefaid thall, from time to time, lected to be paid into the pay the monies arifing therefrom, as he fhall receive the fame, chamberlain's to the chamberlain of the faid city of London for the time being; office. and upon every fuch payment, the faid chamberlain, or one of his clerks, fhall, without fee or reward, fign and give receipts in writing to fuch collector, expreffing his name, the fum paid, and the name of the ward to which the faid collector fhall belong; and if fuch collector fhall, at any time, keep and retain in his hands, of the monies fo to be collected by him, the fum of twenty pounds, or upwards, above two days (the chamber of London being, within that time, open to receive the fame) then, and fo often, fuch collector fhall forfeit and pay the fum of ten fhillings for every day he shall retain the said fum of twenty pounds, or upwards, beyond the faid two days.

account of all

LXII. And it is hereby further enacted by the authority Collector upaforefaid, That every collector to be appointed by virtue or in on demand, pursuance of this act, fhall, upon three days notice in writing to give in an given to, or left for, him at his ufual place of abode, by the monies colalderman of the ward to which fuch collector fhall belong, or lected, his deputy, to attend the faid alderman, or his deputy, at fuch time and place, within their ward, as he shall appoint; and then and there, if required, deliver in to him, upon oath (or if fuch collector shall be a Quaker, then upon his folemn affirmation,

Penalty on refufal to ac.

count, or make payment.

which oath or affirmation, fuch alderman, or deputy, is hereby impowered to adminifter) a true, exact, and perfect account in writing, under the hand of fuch collector, of all fums of money which he fhall then have received by reafon of his faid office; and also a true lift of the names of all perfons within his ward, who shall have refused or neglected to pay his, her, or their faid rates or assessments, with a true account of the feveral fums of money which fuch perfons fhall refpectively be in arrear, to the intent that the fame may be fpeedily got in and recovered: and if any collector, after fuch notice given, fhall refuse or neglect to attend, or deliver in his accounts as aforesaid, or to produce and deliver in the vouchers relating to the same, or to account for any fum or fums of money by him collected or received, and to pay the fame, and every part thereof, as is herein above directed; then, and in every fuch case, fuch collector fhall, for every such refusal or neglect, forfeit and pay fuch fum of money as the rates and affeffments, which he fhall have been entrusted or authorized to collect, fhall amount unto, after deducting the amount of the fum or fums by him actually paid to the chamberlain of the faid city for the time being; which forfeiture fhall and may be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record, to be commenced and profecuted in the name of the faid mayor, and commonalty, and citizens, of the faid city; in which action or fuit fuch collector fhall be held to fpecial bail, and no effoin, protection, or wager of law, or more than one imparlance, thall be allowed.

LXIII. Provided always, and it is hereby further enacted and declared, That if any collector or collectors of the faid rates and affeffments, fhall have in his or their hands any of the faid rates or affeffments collected by him or them, and shall refuse to account for and pay the fame as aforefaid, the alderman of the ward to which fuch collector or collectors fhall belong, is hereby authorized and required, by warrant under his hand and feal, to caufe fuch collector or collectors to be brought before him, to hear and determine the matter of fuch complaint in a fummary way; and if, upon the confeflion of fuch collector or collectors, or the teftimony of any credible witness or witneffes, upon oath (which oath fuch alderman is hereby impowered and required to adminifter) it fhall appear to him that any of the monies which fhall have been collected and raifed by virtue of this act, fhall then be in the hands of fuch collector or collectors, and that he or they refuseth or refufe to pay the fame according to the true intent and meaning of this act, the faid alderman is hereby authorized and required, by a warrant or warrants under his hand and feal, to caufe fuch money to be levied by diftrefs and fale of the goods and chattles of fuch collector or collectors refpectively; and if no goods or chattles of fuch collector or collectors can be found, fufficient to answer and fatisfy the faid money, and the charges of fuch diftrefs and fale, then the faid alderman may and fhall

com

commit fuch collector or collectors to one of the compters of the faid city, there to be detained and kept without bail or mainprize, until he or they fhall pay the fame, or fuch compofition as the faid commiffioners fhall agree to accept in full, which compofition fuch commiffioners are hereby impowered

to make.

rupt, his

LXIV. And it is hereby further enacted, That if any col- Collector dy#lector or collectors fhall happen to die, or to become bankrupt, ing, or bebefore he or they fhall have fully paid and fatisfied all the coming bankmoney by him or them received by virtue of this act, or fuch estate liable to compofition for the fame as aforefaid; then, and in every fuch payment; cafe, the executors or administrators, executrix or administrartrix, or other legal reprefentative or representatives of fuch col

lector or collectors, or the affignee or affignees of his or their 1 estate and effects, or other perfon or perfons poffeffing the fame, fhall, in the first place, out of fuch eftate and effects, pay unto the chamberlain of the faid city of London for the time being, Tall fuch fums of money as were in the hands of fuch collector or collectors at the time of his or their death, or at the time of fuing out any commiffion of bankruptcy against him or them, or fo much thereof as the faid eftate or effects will extend to pay; and the receipt of the faid chamberlain fhall be a good discharge for the faid money: and every executor or administrator, affignee or affignees, or other perfon as aforesaid, may, to any action or fuit commenced or brought against him or them, plead or give in evidence the payment of the fame; and fhall be allowed fuch payment out of the eftate or effects of fuch @collector or collectors, prior to any other debt or demand whatsoever and in cafe of nonpayment of the fame, by the fpace of one calendar month after the same shall be demanded, it fhall and may be lawful to and for the alderman of the faid ward, or his deputy, to commence and profecute one or more action or actions for the fame, in the name of the mayor and commonalty and citizens of the faid city, in any of his Majefty's courts of record, against fuch executors or administrators, affignee or affignees, or other person as aforefaid.

LXV. And, to the intent that fubftantial perfons may be chofen but if infol and appointed collectors in each ward, it is hereby further enacted, vent, &c. That in cafe any collector or receiver of the faid rates and assessments fhall become infolvent, or shall embezzle or make away with, detain or misapply, any fum or fums of money fo collected by him for the ufes aforefaid, fo that the fame cannot be recovered; or fhall die poffeffed of any fum or fums of money by him or them collected by virtue of this act, and which shall not be paid by his executors or adminiftrators, then, and in the money to every fuch cafe, fuch fum and fums of money fhall be again be again afrated and affeffed on the inhabitants of the ward for which fuch felfed. person was chosen and appointed collector, by the alderman of fuch ward, or his deputy, with the major part of the common council men of the faid ward, in fuch proportion and manner as the rates are directed to be made by this act; and fhall be

col

Chamberlain to pay all fums of mo

of the com

to make en

tries.

collected, levied, and diftrained, in fuch manner, and under fuch penalties, as are herein provided for collecting and levying the rates due and payable by this act.

LXVI. And it is hereby further enacted, That the chamberlain of the faid city of London for the time being shall and ney by order may, and he is hereby authorized and required, out of the monies collected and paid into the chamber of the faid city miffioners, and pursuant to this act, to pay all fums of money which the faid commiffioners fhall from time to time draw upon him for, or order him to pay and the faid chamberlain for the time being fhall, and he is hereby required, to keep regular and clear entries in a book or books to be for that purpose by him provided and kept, of all and fingular his receipts and payments, on account or in purfuance of this act; to which book or books every citizen of London, liable to the faid rates, fhall and may have free accefs at all convenient times, with full liberty to inspect the fame, without fee or reward; and alfo that the faid chamberlain for the time being fhall, once in every year, have the faid accounts audited and paffed by the faid commiffioners, and fhall deliver copies of the faid accounts to each houfe of parliament, within twenty days after the opening of every feffion.

The prefent contracts for lighting, &c. the streets, not vacated.

row money on credit of the rates.

LXVII. And whereas the contracts for lighting and cleanfing the Jaid city and liberties are made to the twenty fifth day of December, one thousand feven hundred and fixty fix, but the prefent rates fer defraying the expence thereof are to cease on the twenty ninth day of September, one thoufand feven hundred and fixty fix; it is hereby further enacted, That nothing in this act contained fhall extend, or be conftrued to extend, to annul or vacate fuch contracts, or any of them, but that the fame fhall continue in force as if this act had never been made; and the charges and expences, payable in respect of the three laft months thereof, fhall and may be paid out of the monies to be collected by virtue of this present act.

LXVIII. And, for the more effectually enabling the faid commiffioners to execute the purposes of this act in the most expeditious manner, it is hereby further enacted, That it fhall and may be Commiffion- lawful for the faid commiffioners, and they are hereby imers may bor- powered from time to time, when the, thall judge it neceffary for the purposes aforefaid, to borrow and take up at intereft any fum or fums of money, not exceeding one hundred thoufand pounds, upon the credit of the rates or affeffinents to be made and payable by virtue of this act; and by any writing or writings upon vellum or parchment, figned by them, to affign the faid rates or affeffments to any fuch person or perfons who fhall advance or lend fuch money thereon, as a fecurity or fecurities for the feveral fums fo borrowed, with legal or lower intereft for the fame; which intereft fhall be payable and paid half-yearly, by the chamberlain of the faid city for the time being, out of the monies to arife by or from the faid rates or affeffments.

LXIX. And