Now! Then! Royal assent for the Whig government’s act prohibiting, among other things, on-street parking in Leeds

20 March 1755: Royal assent for the Whig government’s act prohibiting, among other things, on-street parking in Leeds

HMG. 1755. A Bill for Enlightening the Streets and Lanes, and Regulating the Pavements, in the Town of Leeds, in the County of York. London: HMG. Get it:

Excerpt

It is hereby further enacted that no cart, wagon or other carriage shall be permitted to remain in the public streets and passages within the said town and borough any longer than is necessary for the loading and unloading; and that no cart, wagon or other carriage shall be left, or permitted to remain or stand, in the public streets and passages after sunset; and if any person or persons, being guilty of any such offence, or making or occasioning any such annoyance or obstruction, upon notice given by the mayor, or any justice, to remove the same, shall neglect and refuse so to do, within the time limited and directed by such notice, every such person so offending shall for every such offence forfeit and pay the sum of five shillings.

Order the book

Subscribe to the free daily email

To facilitate reading, the spelling and punctuation of elderly excerpts have generally been modernised, and distracting excision scars concealed. My selections, translations, and editions are copyright.
Abbreviations:

ER: East Riding
GM: Greater Manchester
NR: North Riding
NY: North Yorkshire
SY: South Yorkshire
WR: West Riding
WY: West Yorkshire

Comment

Wikipedia says 28 Geo. 2. c. 41 received royal assent on 20 March 1755. Content in square brackets is added from Barr’s compilation of Leeds legislation (HMG 1822), which doesn’t include the para beginning “And whereas several of the Merchants…” – I guess this is a late draft. Squatting the public highway was presumably already a problem. Has the practice every been legalised? If not, when/how did it become viewed as acceptable?

“Characteristically of eighteenth-century `police’ statutes, the act dealt with diverse matters of urban regulation, including street sweeping, obstructions, and the slaughter of animals.”

Something to say? Get in touch

Original

[Anno Vicesimo Octavo,
GEORGII II. REGIS.]
An Act
For Enlightening the Streets and Lanes, and Regulating the Pavements in the Town of Leeds, in the County of York.

Whereas the Town of Leeds, in the County of York, is a Place of great Trade and large Extent, consisting of many Streets, narrow Lanes, and Alleys, inhabited by great Numbers of Tradesmen, Manufacturers, Artificers, and others, who in the Prosecution and carrying on their respective Trades and Manufactures, are obliged to pass and repass through the same, as well in the night as in the day-time:

And whereas several Burglaries, Robberies, and other Outrages and Disorders have lately been committed, and many more attempted within the said Town, and the Streets, Lanes, Alleys, and Passages, thereof; and the enlightening the said Streets and Lanes, and regulating the Pavements thereof, would be of great advantage, and tend not only to the Security and Preservation of the Person and Properties of the Inhabitants of the said Town, but to the Benefit and Convenience of Strangers and Persons resorting to the several Markets kept within the said Town, and to others whose Affairs may oblige them to pass and repass through the same; and also to prevent the many Mischiefs which might happen, as well from Fires, as Burglaries, Robberies, and other Outrages and Disorders:

Wherefore, for the attaining, effecting, and carrying into Execution, the good ends and purposes aforementioned,

May it please your Majesty,

That it may be Enacted; And be it Enacted, by the King’s most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful to and for such of the Inhabitants of the said Town of Leeds, as are by this Act charged and made chargeable, with and towards the Rates and Assessments, hereby appointed to be raised and levied, for the Purposes of this Act, to assemble and meet on the [Twenty-fourth Day of June, One Thousand Seven Hundred and Fifty-five,] between the Hours of Ten of the Clock in the Morning and Two in the Afternoon, and on the first Wednesday in [June,] between the said Hours in every ensuing Year, in the Vestry of St. Peter’s Church, commonly called the Old Church, in Leeds aforesaid: And the said Inhabitants, so assembled at their First Meeting, shall then and there, and they are hereby required to, nominate and appoint of the principal Inhabitants of the Town of Leeds, within the Bars, to be joined with the Mayor, Recorder, and Justices, of the Peace of the Borough and Town of Leeds aforesaid, for the Time being, for putting this Act in Execution: And, in case of the Death or Removal of any of the said Inhabitants so nominated, chosen or appointed, or their refusing to Act, it shall and may be lawful to and for the Inhabitants, so qualified as aforesaid, to meet at the said Vestry ([Two Days] Notice being always given for such Meetings, in the Church of Saint Peter aforesaid, on the next preceding Sunday immediately after Divine Service), and then and there to nominate, elect, and appoint, other fit Persons, inhabiting within the Bars of the said Town, to supply the Place of such Persons as shall die, remove, or refuse to Act, to be joined with the Commissioners constituted and appointed to put this Act in Execution; And such Person or Persons as shall from time to time be so elected and appointed, shall from thenceforth have the same Power and Authority, to Act in all things relating to the matters herein contained, as if he or they had been expressly named in and appointed by this Act.

And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful to and for the Commissioners, so appointed and constituted as aforesaid, or any [Seven] or more of them, to meet, and they are hereby authorised and required to meet, and assemble together, in the Common Hall of the said Borough and Town, called the Moot Hall, on the [last Saturday in June Yearly,] between the Hours of Nine and Twelve in the Forenoon, in order to put this Act in Execution; and afterwards, from time to time, to meet and assemble together, by Adjournment, at the same, or any other convenient Place, within the said Town, as they, or any [Seven] or more of them, shall appoint; so as such Meeting do not interfere with the Business of the Magistracy, or publick Affairs of the Corporation.

Provided always, That in case the Inhabitants of the said Town of Leeds, so qualified as aforesaid (after such notice being given as afore-mentioned,) shall neglect or refuse to nominate and appoint [Fourteen] of the Inhabitants of the said Town, to be joined to, and act with, the Mayor, Recorder, and Justices of the said Borough and Town of Leeds, according to the Directions herein before prescribed, that it shall and may be lawful to and for the said Mayor, Recorder, and Justices, for the Time being, or the major Part of them, and they are hereby authorized and required to proceed to put this Act in Execution; And that, in case the said Mayor, Recorder, and Justices, or a major Part of them, shall refuse to appear at such Meeting, as aforesaid, then it shall and may be lawful to and for the said Inhabitants, or a Majority of them, so assembled, and they are hereby authorized and required, to proceed to put this Act in Execution; any thing herein contained to the contrary notwithstanding.

And be it further enacted, by the Authority aforesaid, That it shall and may be lawful to and for the said Commissioners for putting this Act in Execution, or such Number or Quorum of them, so assembled as aforesaid; and they are hereby authorized and required to order, direct, and appoint, what Number and Sort of Lamps, and how and where they shall be set up, or to what House or Building, within the said Town, they shall be fixed, or where the same shall be placed, and for what and how long time the same shall be and continue lighted; so as, in such Order and Direction, Care be taken in the First place, that the most publick and most frequented Streets of the said Town be the best lightened; and also to nominate and appoint such Person or Persons as they shall think proper, to be Keeper, Lighter, or Lighters, of the Lamps so to to order, direct, and appoint, what Wages and Allowances shall be made and given to such Lamp-keeper, Lamp-lighter, or Lamp-lighters, respectively; and shall and may, from time to time, make such other Orders and Regulations as the Nature of each particular Service shall seem to them to require.

And, for defraying the Charges and Expences of buying, setting up and maintaining, the said Lamps, and supplying the same with proper materials, Be it further Enacted, by the Authority aforesaid, That, from and after the [Second Saturday in July Yearly,] the said Commissioners, or such Number or Quorum of them, so assembled as aforesaid, shall and may, under their Hands and Seals, nominate and appoint Two Inhabitants or Residents of the Town aforesaid to be Assessors, in order to raise Money for the Purposes in this Act mentioned; And such Persons, so nominated and appointed Assessors, are hereby impowered and required to make and settle a [Half Yearly,] or other Rate or Rates, Assessment or Assessments, upon all Owners or Occupiers of any Houses, Shops, Warehouses, Buildings, Yards, or Frontsteads, situate, lying, and being within the Bars of the said Town of Leeds, and which, at the time of such Assessment, shall be above the yearly Rent or Value of [Three] Pounds, and were rated and assessed for and towards raising Money for Relief of the Poor, by the Assessment for the Year then next preceeding. [so as such Assessments do not exceed Eight-pence in the Pound of the Yearly Rents of such Tenements respectively for the First Year, or Four-pence in the Pound for any subsequent Year, for which such Assessments shall be respectively made.]

And it is hereby further Enacted, That such Rates and Assessments, to be made by virtue of this Act, shall be allowed and allowed by and signed by [Two] or more of the Justices of the Peace for the said Borough and Town; and after the Rate and Assessment, so made and confirmed, the said Commissioners, or such Number and Quorum of them, as aforesaid, shall have full Power, and they are hereby authorized and required, to cause the same to be collected [Quarterly or Half Yearly,] and to appoint [Two] or more Persons to collect the same; And if any Person or Persons shall wilfully refuse or neglect to appear, assess, or collect such Rates or Assessments, as aforesaid, or being thereunto summoned and appointed, as aforesaid, shall refuse to be sworn, or being One of the people called Quakers, to take his Affirmation, well and faithfully to execute either of the Office of Assessor or Collector (and which Oath and Affirmation respectively the said Mayor or any one Justice of the said Borough and Town is authorized and required to Administer), every such Person or Persons so offending shall, for every such Offence, [forfeit and pay the Sum of Five Pounds,] to be recovered, levied and disposed of, as herein after is directed.

And it is hereby further Enacted, That in case any Person or Persons, so assessed, shall refuse or neglect to pay such Rate or Assessment by the space of [Ten Days] next after Demand thereof made, it shall and may be lawful to and for the said Collectors, respectively, by Warrant, under the Hands and Seals of [Two] or more of the said Justices, and which Warrant they are hereby authorized and required to grant to the Collector applying for the same, to [levy the same by distress and sale] of the Goods and Chattels of the Person or Persons so refusing or neglecting to pay the same (if the same can be found within the said Town or Township) rendering the Overplus, if any be, to such Person so refusing or neglecting, after the necessary Charges of making such [distress and sale shall be] first deducted.

Provided always, and it is hereby further enacted, That no Person or Persons whatsoever shall be rated or assessed for the Purposes of this Act, for or in respect of the Profits of the Navigation of the Rivers Air and Calder, or the Engine for supplying the Town of Leeds with Water, or any Tolls arising or payable within the said Borough and Town, or for or in respect of any Lands or Grounds not built upon, or any Mills or Tenters, or any Houses, Buildings, or Tenements, in that part of the said Town of Leeds called the Tenters, which do not adjoin upon the Bridge over the River Air.

Provided also, That if any person, liable to pay the said Rates and Assessments, by virtue of this Act, shall remove from or quit the House, Tenement or Premises, in respect of which such Assessment or Rate is made, before the Assessment due from such person shall be paid, it shall and may be lawful to and for the said Collectors to [levy the same by distress,] so warranted as aforesaid, in case such person shall reside within the said Town, and a sufficient [distress] can be found; or otherwise the Mayor of the said Town of Leeds, for the Time being, shall and may sue for, and recover the same by [Action of Debt, Bill, Plaint, or Information, in any of the Courts of Record at Westminster, with full Costs of Suit.]

Provided also, and it is hereby further Enacted, That no Person or Persons, who shall be charged with or pay any Rate or Assessment to be made, or be employed, by virtue or in pursuance of this Act, shall gain, or be thereby deemed or construed to gain, any Settlement in the Parish or place wherein such Assessment, Taxation, or Payment shall be made.

And be it further Enacted by the Authority aforesaid, That all and every Person and Persons who shall receive any Money by virtue of this Act, for the Purposes aforesaid, shall, from time to time, and as often as the said Commissioners, or such Number and Quorum of them, as aforesaid, at any time assembled, shall require, make, and render to such Commissioners, or unto such other Person or Persons as they shall appoint, a true and perfect Account (upon Oath, or Affirmation of the people called Quakers, to be respectively made or taken, in Writing, without any Stamp thereupon, before the Mayor, Recorder, or any One Justice of the said Borough and Town of Leeds, who are hereby respectively empowered and required to administer the same) of all such Sums of Money by such Person or Persons collected or received, or which shall have been rated and assessed as aforesaid, and not received, and all other Matters and Things committed to their Charge, by virtue of, and under the authority of this Act, and pay and deliver unto such Person and Persons as the said Commissioners, or such Number or Quorum of them, shall direct and appoint, all and every such Sum and Sums of Money as shall remain in his or their Hands at the time of such Account; And if any Collector or Collectors shall refuse or neglect to account for and pay such Sum and Sums of Money accordingly, every such Collector or Collectors, so refusing or neglecting, shall for every such Offence, Refusal, or Neglect, [forfeit and pay the Sum of Forty Shillings;] and any Two or more of the said Justices shall and may cause all and every such Sum and Sums of Money as shall so remain in the Hands of such Collector or Collectors, at the time of such Account, as aforesaid, as also the said Penalty or Sum of [Forty Pounds,] to be from time to time levied by [distress] upon the Goods or Chattels of such Collector or Collectors, rendering the Overplus to the Owner; And, in case a sufficient Distress cannot be found, then the said Justices, or any Two or more of them, shall and may, by virtue of this Act [commit] such Person or Persons to the [common Gaol of the said Town of Leeds,] there to remain without Bail or Mainprize, until he or they shall have made a true and perfect Account, and Satisfaction, or Composition to the said Commissioners, or the major Part of them assembled, as aforesaid, who are hereby authorized compound for the same, for so much as, upon the said Account, shall appear to be remaining in his or their Hands, and deliver all the Books of Account, and Papers vouching or relating to the same, unto the said Commissioners, or some or one of them.

And it is hereby further Enacted, That in case any Money, received by any such Collector, as aforesaid, shall be totally lost, the said Assessor or Assessors, for the time being, are hereby authorized and required, upon the Order, and by the Directions, of the said Commissioners, or such Number and Quorum of them, as aforesaid, to make a new or additional Assessment, for supplying and making good such Deficiency, and the Charges occasioned by or on Account of the same.

And it is hereby further Enacted, That it shall and may be lawful to and for the said Commissioners, or such Number and Quorum of them, as aforesaid, to Contract with any Person or Persons, not being a Commissioner, for a sufficient Number of Lamps necessary to be set up in the said Town, and for Irons and Posts for fixing them on, and for finding and providing the said Lamps with all requisite and necessary Materials, and for lightening, attending, dressing, and repairing, the same according to the Tenor and Purport of this Act, for any Time not exceeding One Year, so as [Fourteen Days] Notice, at least, be given, by Writing, to be fixed up at the [Market Cross] in Leeds, for all Persons willing to undertake the lightening the Streets, according to the Tenor and true Meaning of this Act, to make Proposals for that Purpose, to be offered and presented to the said Commissioners, at a certain Time and Place in such Notice to be mentioned.

And be it further Enacted, by the Authority aforesaid, That the Property of the said Lamps shall be vested in the Commissioners, for the Time being, who are hereby authorized and impowered to bring Actions, and prosecute Indictments, against any Person or Persons, for stealing, taking away, breaking, extinguishing or spoiling, the same, in such manner as is herein after-mentioned.

And it is hereby further Enacted, by the Authority aforesaid, That if any Person or Persons shall wilfully or maliciously break, throw down, or extinguish any Lamp, that is or shall be hung or set up to light the Streets, or wilfully damage the Posts, Irons, or other Furniture thereof, every Person so offending therein, and being thereof convicted, by the Oath of One or more Witness or Witnesses, before any One or more Justice or Justices of the Peace, for the said Town and Borough of Leeds, shall for the First Offence [forfeit the Sum of Forty Shillings] for each Lamp so broken, thrown down, or extinguished, or otherwise damaged, and, for the Second Offence, the Sum of [Six Pounds,] and for the Third Offence the Sum of [Twelve Pounds,] to be recovered and levied, in such Manner as in this Act is mentioned.

And it is hereby further Enacted, That the Monies to be raised and levied, by the Assessments directed to be made by this Act, shall be applied for the respective Uses and Purposes, in and by this Act directed, appointed and prescribed, in this behalf, at such Times, and in such Manner, as the said Commissioners, or such Number or Quorum of them, as aforesaid, shall, from time to time, order, direct, and appoint; And in case the Money to be collected in One Year, by virtue of this Act, shall not be sufficient to answer the Purposes for which the same were so assessed and collected, such Deficiency shall be supplied by the Assessment for the next ensuing Year; and in case, at the End of any One Year, and the closing the Accounts of the said Year, any Surplus of the Money to be raised for that Year, by such Assessments to be made, by virtue, and under the Authority, of this Act, shall remain, over and above what shall have been assessed and applied, pursuant to, and for the Purposes of, the same Act, such surplus shall, from time to time, as the same shall happen and arise, be paid and applied, in aid of the succeeding Year’s Expence, for the Purposes before-mentioned.

And be it further Enacted, by the Authority aforesaid, That all, and every Person and Persons, inhabiting in any House or Houses fronting to the Street, within the said Town of Leeds, shall from and after the [Twenty-fourth Day of June, One Thousand Seven Hundred and Fifty-five,] sweep and cleanse, or cause to be swept and cleansed, all the Streets, Lanes and publick Places, before their respective Houses, Buildings, and Walls, [once] in every Week at least; that is to say, every [Saturday] in the Week, or oftener, if Occasion be, between the Hours of [One and Three] in the Afternoon; to the end the Dirt and Soil in the said Streets, Lanes, and publick Places, may be heaped up, ready to be carried away, upon Pain of forfeiting [Five Shillings] for every such Offence or Neglect; and no Person or Persons whatsoever shall place, set, throw, cast, or lay, or cause, permit, and suffer, to be placed, set, thrown, cast, or laid, any Coal-Ashes, Wood-Ashes, Rubbish, Dust, Timber, Dirt, Dung, Filth, Tubs, or other Annoyances whatsoever (other than and except such Rubbish, Earth, Dust, and Dirt, as shall be occasioned by building, repairing, or altering of any House or Houses, or any other sort of Building, or digging up Ground in the said Town for such Buildings) to remain longer than the Space of [Twenty-four Hours,] in any open Street, Lane, or publick Passage, or Place, within the said Town, before or against his, her, or their, Dwelling-house or Houses, Buildings or Walls, or the Dwelling-house or Buildings of any other Person or Persons, or before or against any Church or Church-yard, within the said Borough and Town, upon Pain of forfeiting, for every such Offence [Ten Shillings to be levied, recovered and disposed of,] as hereinafter is directed; but such Inhabitant and Inhabitants shall, and he, she, and they, are hereby required to keep such Soil, Ashes, Rubbish, Dust, Dirt, Dung, and Filth, and other Annoyances, in their respective Houses, Backsides, or Yards, until such time as the same shall be totally removed and carried away.

And it is hereby further Enacted, That the Mayor, together with any One or more other Justice or Justices of the Peace, for the said Town and Borough of Leeds, for the Time being, respectively shall and may, and they are hereby authorized and impowered, upon View or Information, to make such order for removing of Rubbish, and other Annoyances and Obstructions, out of the Highways, Streets, Lanes, Paths, and Passages, within the Liberties of the said Town and Borough, as to them shall seem requisite and expedient.

And it is hereby further Enacted, That no Cart, Waggon, or other Carriage, shall be permitted to remain in the publick Streets and Passages, within the said Town and Borough, any longer than is necessary for the loading and unloading the same respectively; and also, that no Cart, Waggon, or other Carriage, shall be left, or permitted to remain or stand in the said publick Streets and Passages after Sun-set; and if any Person or Persons, being guilty of any such Offence, or making or occasioning any such Annoyance or Obstruction, as aforesaid, upon Notice given by the said Mayor, or any Justice, as aforesaid, to remove the same, shall neglect and refuse so to do, within the Time limited and directed by such Notice, every such Person so offending shall, for, every such Offence, forfeit and pay the Sum of [Five Shillings,] to be recovered as is hereinafter mentioned.

And it is hereby further Enacted, That no Cattle, Calves, Sheep, Lambs, or Swine, shall be slaughtered in any Part of the publick Streets of the Town of Leeds, other than and except that Part of the said Town, called or known by the name of The Shambles, situate on the North Side of Kirkgate end, and extending as high as the Houses belonging to Edmund Barker, Esquire, which front towards or face the Market Cross[, upon pain of forfeiting for every such offence the Sum of Five Shillings].

And it is hereby further Enacted, by the Authority aforesaid, That the Justices of Peace of the said Borough and Town of Leeds, assembled at their Petty Sessions, or any [two] or more of them, shall and may, and they are hereby authorized and required to order, direct, regulate, ascertain, and appoint, the Manner of paving the Streets, lying and being within the Bars of the said Town; and that all and every Person and Persons, being Occupiers of Houses, Tenements, and Buildings, fronting any Part of the said Streets, which have been usually paved and repaired, by or at the Charges of such Occupiers, respectively, for the Time being, or being Owner or Owners of any such Houses, Tenements, and Buildings, being empty, or untenanted, or unoccupied, respectively, shall, within [Ten] Days after Notice given by the said Justices, or any [two] or more of them, in that behalf, well and effectually repair, and make good, or cause to be repaired and made good, the Pavement of such Part of the said Street, fronting the said Houses, Tenements, and Buildings, or that was usually and accustomably made, paved, and repaired, by the Occupiers of such Houses, Tenements, and Buildings, respectively, for the Time being, in such manner as the said Justices, or any [two] or more of them, shall order, direct, prescribe, or appoint; and in case any such Owner or Occupier, as aforesaid, shall neglect to repair and make good the said Pavement, within the Time, and in the Manner so ordered, directed, prescribed, and appointed, then the said Justices, or any [two] or more of them, shall and may, and they are hereby authorized and required to order and appoint such Person or Persons, as they respectively shall nominate for that Purpose, to repair and make good the same, or to cause the same to be so repaired and made good, at the Charge and Expence of such Owner or Owners, Occupier or Occupiers, respectively, who is or are respectively liable, or by the Tenor and true Meaning of this Act, ought to do the same; and, in case any such Owner or Occupiers respectively shall refuse to pay the Charges or Expences of such Paving or Repairing as aforesaid, upon Demand, it shall and may be lawful to and for any [two] or more such Justices as aforesaid, to issue out their Warrant to any Constable or Constables, in the said Town or Borough, to [levy and raise by Distress and Sale] of the Goods and Chattels of the Person so refusing, such Sum of Money as will answer and pay such Charges and Expences of such Paving and Repairing, as aforesaid, and also the Charges and Expences attending such [Distress and Sale;] and such Surveyor is hereby authorized and required, to make such [Distress and Sale] for the Purposes aforesaid, and to render the Overplus of the Money, to be raised thereby, unto the Owner or Owners thereof.

And be it farther Enacted, by the Authority aforesaid, That it shall and may be lawful, to and for the Mayor, for the Time being, or any [Two] or more Justice or Justices of the Peace, for the said Town and Borough of Leeds, to hear and determine any of the Offences which are made subject to, or punishable by, any pecuniary Penalties directed to be [levied] by this Act; and such Justices are hereby authorized and required, upon Information exhibited, or Complaint made in that behalf, within [Six Months] after such Offence committed, to Summon the Party or Parties accused, and the Witnesses on either side, and, after Oath made of the Commission of any of the facts above-mentioned, by [One] or more credible Witness or Witnesses, to issue a Warrant or Warrants for apprehending the Party or Parties so offending; and upon the Appearance, or Contempt of the Party accused in not appearing upon the Proof of Notice given, to proceed to the Examination of the Witness or Witnesses, upon such Oath or Affirmation respectively, as aforesaid; and which Oath or Affirmation they are hereby authorized, impowered, and required, to administer, and to give such Judgment, Sentence, or Determination, as shall be just, and conformable to the Tenor and true Meaning of this Act; And where the Party accused shall be convicted of such Offence, upon such Information as aforesaid, or Confession of the Party accused, it shall and may be lawful to and for such Justices, to issue a Warrant or Warrants for the [levying] the pecuniary Penalties or Forfeitures, so adjudged, on the Goods and Chattels of the Offender, and to cause a [Sale] to be made thereof, in case they shall not be redeemed in [Five] Days, rendering to the Owner the Overplus, if any there be; And in case any Person or Persons shall be convicted, in pursuance of this Act, of breaking, throwing down, or extinguishing, any Lamp, to be hung or set up as aforesaid, and no Goods or Chattels of any Person so offending can, at the time of such Conviction, be found, then, and in such case, it shall and may be lawful to and for such Justice or Justices of the Peace, before whom such Person or Persons shall be convicted, as aforesaid, to [commit such Offender to the common Gaol] of the said Town of Leeds, there to be kept, for any Time not exceeding the Space of [Three Months,] or until such pecuniary Penalty or Penalties shall be paid.

And be it further Enacted, by the Authority aforesaid, That all Penalties and Forfeitures, by this Act incurred or imposed (the Manner of recovering and levying whereof is not otherwise hereby particularly directed) shall be [recovered and levied by Distress and Sale] of the Goods and Chattels of the Offender or Offenders, by Warrant or Warrants, under the Hands and Seals of the Mayor, Recorder, and Justices, for the Time being, or any [Two] or more of them; which Warrant or Warrants, they, or any [Two] or more of them, are hereby impowered and required to make, upon the Information of [one] or more credible Witness or Witnesses, upon such Oath and Affirmation respectively, before them, or any [five] or more of them, (which Oath or Affirmation they, or any [Two] or more of them, are hereby impowered and required to administer); and that all the pecuniary Penalties and Forfeitures, when recovered, after rendering the Overplus, if any be, when demanded, to the Party or Parties whose Goods and Chattels shall be so distrained and sold (the Charges of such Distress and Sale being first deducted) shall be paid and applied as follows; that is to say, [One Moiety] thereof to the Informer, and [the other Moiety] thereof into the hands of such Person or Persons, and be laid out and applied to and for such Uses and Purposes, mentioned in this Act, as the said Commissioners, or such Number and Quorum of them as aforesaid, shall, under their Hands, direct and appoint; and in case no such Distress as aforesaid can be had, then it shall and may be lawful for the said Mayor, Recorder, and Justices for the Time being, or any [Two] or more of them, by like Warrant or Warrants, to [commit the Party offending to the common Gaol of the said Town, without Bail or Mainprize.]

Provided always, That it shall and may be lawful to and for the said Mayor, and Justices of the Peace, for the Time being, or any [Two] or more of them, from time to time, where they see Cause, to mitigate, compound, or lessen, any of the Penalties or Forfeitures aforesaid, as they in their Discretion shall think fit; so as such Mitigation or Composition do not extend to remit above [one Moiety,] of the Penalties or Forfeitures inflicted and directed to be levied by this Act; and every such Mitigation or Composition shall be a sufficient Discharge to the Persons offending respectively, for so much of the said Penalties and Forfeitures as shall be so mitigated, lessened, or remitted.

Provided also, That if any Person or Persons shall find him, her, or themselves aggrieved, or remain ansatisfied in the Quarter Sessions, Judgment of the said Justices, or by any Rate or Assessment made in pursuance of this Act, then such Person and Persons shall and may, by virtue of this Act, complain or appeal to the Justices of the Peace, at the next Quarter-Sessions to be held for the said Town of Leeds, who are hereby impowered to summon and examine Witnesses, upon Oath, and finally to hear and determine the Matter of such Complaint or Appeal; and, in case of conviction, to issue [a Warrant or Warrants for the levying and enforcing] the Payment of the said Penalties and Forfeitures, by the Ways and Means afore-mentioned, together with such Costs and Charges, to the Party in whose favour such appeal shall be determined, as the Justices in their said Sessions shall order and direct.

Provided also, and it is hereby Enacted, That at every Meeting of the Commissioners, by virtue of this Act, the Mayor or Recorder of the said Borough, for the Time being, if present, or, in their Absence, the Senior Justice of the Peace of the said Town, then present, shall preside.

And whereas several of the Merchants, and principal Inhabitants, of the Town of Leeds aforesaid, for the promoting and facilitating the Execution of the good Ends and Purposes aforementioned, have, by a Subscription or Writing under their Hands, agreed and undertaken to advance and pay several Sums of Money, therein mentioned and specified, to be applied for and towards defraying the Expenses incident to the obtaining and passing this present Act; and other Sums of Money may probably be subscribed or undertaken to be advanced and paid for that Purpose; Now it is hereby Enacted and Declared, That in case the Money arising, and to be paid upon, or in pursuance of, such Subscription, may not be sufficient for the Purposes aforesaid, then the Residue and Remainder of the said Charges and Expences shall be paid out of the first Money to be raised, levied, and collected, by virtue of, and under the Authority of, this present Act.

And be it further Enacted, by the Authority aforesaid, That if any Action or Suit shall be commenced against any Person or Persons, for any Matter or Thing done in pursuance of this Act, then, and in every such Case, the Action or Suit shall be brought within [Six Months] next after the Cause of Action shall arise, and not afterwards, and shall be laid and brought in the County of York, and not elsewhere; and the Defendant or Defendants, in such Action or Suit, shall and may plead the general Issue; and give this Act, and the special Matter, in Evidence, on any Tryal to be had thereupon; and if it shall appear to be done in pursuance of this Act, or that such Action or Suit shall be brought after the Time herein before limited in that behalf, or shall be brought in any other County or Place than as aforesaid, then the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall be Nonsuited, or discontinue his, her, or their Action or Suit, after the Defendant shall have appeared; or if, upon Demurrer, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover [treble] Costs of Suit, and have the like Remedy for the same, as any Defendant or Defendants hath or have in other Cases by Law.

Provided always, That nothing in this Act contained, shall extend, or be construed to extend, to alter, prejudice, lessen, impeach, or defeat, the Rights, Powers, and Privileges, of the said Corporation of Leeds,

And it is hereby further Enacted and Declared, That this Act shall be taken and allowed, in all Courts of Justice within this Kingdom, as a publick Act; and all Judges and Justices are hereby required to take Notice thereof as such, without specially pleading the same.

5976 words.