PREAMBLE

WHEREAS the town of Tewkesbury, in the county of Gloucester, is not only a large and populous market town, but is also situated in the great road from Holyhead, Chester, Salop, and Worcester, to Gloucester, Bath, Bristol, and other places in the western part of the kingdom. And whereas the expences of paving and repairing the streets, lanes, ways, passages, and places, within the said town, and the precincts thereof, have hitherto been borne and defrayed by diffrerent persons, by prescription, or by reason, of the tenure of their houses; but the same are now improperly and very irregularly paved, and are not sufficiently cleansed, or lighted; and it would be conducive to the health and safety, of the inhabitants of the said, town and precincts, and of great benefit and convenience to passengers, and other persons resorting thereto, if the said streets, lanes, ways, passages, and places, were not only properly and regulary, paved, cleansed, and lighted, but also watched and kept free from encroachments, nuisances, and annoyances:

And whereas it is expedient that the carts, and other carriages, used in the said town and precincts for conveying goods, wares, and merchandize, should be regulated, and the rates and prices of carriage ascertained and fixed; and it is necessary, for the accommodation of travellers, that some part of the street, called Church-Street, within the said town, should be widened:

May it therefore please your Majesty,
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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 the Bailiffs, Principal Burgesses, High Steward, Recorder, Justices, Town-Clerk, Coroner, and Chamberlain of the Borough of Tewkesbury, in the County of Gloucester, and their Successors for the time being, Sir William Codrington, Baronet, James Martin, Thomas Andrews, Richard Bayzand, Isaac Butterfield, Thomas Brown, Reverend Henry Collet, Waterworth Collet, William Clarke, John Cole, Richard Carloss, Richard Jeynes Carloss, Joseph Chambers, William Weale Darke, William Dillon, Charles Embury, Henry Fowke, Samuel Fryzer, James Godsall, Reverend William Hayward, John Humphreys, Neast Havard, John Doddridge Humphreys, Nathaniel Hartland, William Merrett Hartelbury, Samuel Harward, Thomas Hudson, Samuel Hanley, Samuel Jeynes, Richard Jenkins, Florence Jenkins, William Insall, Omwell Lloyd, Reverend Francis Mines, William Mew, John Millard, James Nind, Walter Nicholls, John Pitt of High-Street, Tewkesbury, Michael Procter, James Pynock, Henry Prior, James Pynock Junior, John Probed Price, George Prior, John Pearce, Reverend Joseph Robinson, Thomas Roberts, John Ryland, Reverend William Smith, Robert Smith, John Stephens, Reverend James Tattersall, John Terrett, John Turner, Edward Turner, Isaac Turner, William Thomas, George Vernon, Reverend William Williams, Samuel Whitcombe, Thomas Woollams, John Woollams, and Andrew Woollams, and their Successors, to be elected in manner hereinafter mentioned, shall be, and they are hereby appointed commissioners for putting this Act in execution; and all and every the powers, authorities, directions, matters and things, by this Act given to, or be directed to be done or executed by or before the said commissioners, shall and may be exercised, had, and done, by or before any five or more of them (except only where some other number is appointed by this Act) and all such Acts, matters, and things, shall be of as full force and effect as if done or executed by or before all the said Commissioners; and that no order made by five commissioners shall be revoked or altered, unless a majority of the commissioners present at a subsequent rneeting, to be held, for that of which seven days notice in writing shall be given by the clerk to the said commissioners, by affixing the same on the door of the parish church of Tewkesbury aforesaid shall concur in such revocation or alteration, nor unless such majority shall consist of nine commissioners at the least.

And be it further enacted, that when any commissioner shall die, or by writing under his hand, to the clerk of the said commissioners, shall refuse to act, or shall neglect to attend at some public meeting of commissioners for the space of one year at any one time, without a reasonable cause to be allowed by the said commissioners (and the evidence of such commissioner not having neglected to attend shall be his having signed the book of proceedings of the day on which he attended and acted) it shall be lawful for the surviving or remaining commissioners, from time to time, by writing under their hands, to elect some other person, being a housekeeper and an inhabitant of the said town or precincts, to be a commissioner in the place of every commissioner so dying, refusing, or neglecting to act, but notice in writing of the time and place for every such election shall be given by the clerk to the said commissioners, by his signing such notice, and affixng, or causing the same to be affixed, on the door of the parish church aforesaid seven days at least before such election; and that such election shall be made between the hours of ten of the clock in the forenoon, and four of the clock in the afternoon, and not otherwise; and every person so elected is hereby vested with the same powers for putting this Act in execution as if he had been named a commissioner in or by this Act.

Provided always, and be it further enacted, That no person shall be capable of acting as a commissioner in the execution of this Act, unless at the time of his acting therein he shall have or be seised of, in his own right or in the right of his wife, and be in the actual possession, enjoyment, or receipt of the rents and profits of a real estate, in law or equity, of the clear yearly value of thirty pounds above reprizes, or be possessed of or entitled to a personal estate to the amount or value of six hundred pounds; and every person shall, before he acts as a commissioner, take and subscribe the oath or affirmation following, before any two or more of the said commissioners (who are hereby impowered to administer the same) in the words or to the effect following; (that is to say)

I A.B. do swear [or, being one of the people called Quakers, do solemnly affirm] That I am truly and bona fide in the actual possession, enjoyment, and receipt of the rents and profits of lands, tenements,or hereditaments, of the clear yearly value of thirty pounds above reprizes, or possessed of a personal estate to the ammount or value of six hundred pounds; and that I will truly and faithfully execute the trust reposed in me, by an Act for paving, cleansing, and lighting, the towm of Tewkesbury, in the county of Gloucester, and other purposes in the said Act mentioned, to the best, of my skill and knowledge, without favour or affection to any person whomsoever. So help me God.

And if any person, not being qualified as aforesaid, shall act as a commissioner for putting this Act, or any of the powers herein contained, in execution, or being qualified, shall, previous to his acting as a commissioner, neglect or refuse to take such oath and make affirmation as aforesaid, contrary to the intent and meaning hereof, every such person shall, for every such offence or omission, forfeit and pay the sum of fifty pounds, to be recovered in any of his Majesty's courts at Westminster, by action of debt, or on the case, or by bill, suit, or information, wherein no essoign, protection, or wager of law, or more than one imparlance, shall be allowed; and every person so sued or prosecuted, shall prove that he was, at the time of acting, qualified as aforesaid, or otherwise shall pay the said penalty, without any other proof or evidence bing given, on the part of the plaintiff or prosecutor, than that such person had acted as a commissioner in the execution of this Act; and the money so to be recovered shall, after payment of the extra costs and expences attending the recovery thereof, be applied, one moiety to the informer or prosecutor, and the other moiety to the purposes, of this Act.

Provided also, and be it further enacted, That no person hereby appointed, or hereafter to be appointed a commissioner as aforesaid, shall be capable of acting as such, who is a victualler, or sells ale, wine, cider, or spirituous liquors by retail, or during the time he shall hold or enjoy any office or place of profit under, or be concerned in any contract made by virtue of this Act, or in any case wherein he shall be personally interested, except as a creditor, upon pain of forfeiting and paying the sum of ten pounds for each time of acting.

And be it further enacted, That the said commissioners shall meet together at the Tolsey, in the said town of Tewkesbury, on the second Monday next after the day of the passing of this Act, or as soon, thereafter as conveniently may be, between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of the same day, and proceed to the execution of this Act, and shall then, and from time to time afterwards, adjourn themselves to and meet at the place aforesaid, or at any other convenient place within the said town, as they, or the major part of them present at such meeting, shall appoint; and if it shall happen that there shall not appear at any such meeting a sufficient number of commissioners to act and to adjourn to another day (two commissioners being always deemed sufficient for the purpose of adjournment) or if the commissioners when meet shall refuse or neglect to make an adjournment, then and in every such case their clerk, or any three or more of the said commissioners, shall and may call a meeting at the place where the last meeting was appointed to be held, on that day fortnight, by notice thereof in writing, to be affixed on the door, of the said parish church at least seven days before such meeting; but no act of the said commissioners (except that of adjournment as aforesaid, and aso except where it is hereby otherwise, particularly directed) shall be valid, unless made or done at some public meeting to be held by virtue of this Act; and public notice shall be given of all and every such meeting and meetings by the clerk to the said commissioners, and affixed on the said church door, at least three days before such meeting, where other notice is not herein particularly required; and the commissioners shall at all their meetings bear and pay their own charges and expences; and that a chairman shall be appointed at every such meeting; and that in all cases, the said commissioners shall vote by ballot, in case the same is desired by any two or more of the commissioners then present, and in case of an equal number of votes upon any question (including the chairman's vote) the chairman shall have the casting vote; and that all such commissioners as are justices of the peace may act as justices in the execution of this Act within their respective jurisdictions, notwithstanding their being commissioners, except only in such cases where they shall be immediately and personally interested, and also except as hereinafter is excepted; and in all cases where Trustees, the corninissioners, or any justice or justices of the peace, are authorized to examine any person or persons on oath or affirmation, it shall be lawful for such commissioners and justices to administer such oath or affirmation.

And be it further enacted, That the said commissioners may sue and be sued in the name of their clerk, and that no action which may be brought or commenced by or against the said commissioners, or any of them, by virtue or on account of this Act, in the name of their clerk, shall abate or be discontinued by the death or removal of such clerk, or by the act of such clerk without the consent of the commissioners; but the clerk to the said commissioners for the time being shall always be deemed plaintiff or defendant in such action, as the case may be: Provided always, that every such clerk in whose name any action or suit shall be commenced, prosecuted, or defended, in pursuance of this Act, shall always be reimbursed and paid, out of the monies to be raised by virtue of this Act, all such costs and charges as by the event of any such proceedings he shall be put to or become chargeable with, by reason of his being so made plaintiff or defendant, therein.

And be it further enacted, That the said commissioners shall cause books to be provided and kept, and shall, either by themselves or by their treasurer or clerk, cause fair and regular entries to be made in such books of the several meetings, and names of the commissioners attending such meetings, and of the nomination of all officers and persons, and of all acts, orders, and proceedings, relative to the execution of this Act; and the commissioners present, and concurring in such orders and proceedings, together with their treasurer or clerk, shall, subscribe their names at the end of the proceedings of every such meeting; and all entries in such books, being signed as aforesaid, shall be deemed originals, and shall be admitted to be read in evidence in all causes, suits, and actions, touching any thing to be done in pursuance and by virtue of this Act, and such books shall be kept by the treasurer or clerk to the said commissioners, as the said commissioners shall, from time to time direct, and shall, at every such meeting, and at all other seasonable times, be open and liable to the inspection of the said commissioners, and of all persons rated and assessed for the purposes of this Act, or otherwise affected thereby.

And be it further enacted, That the said commissioners shall and may, by writing under their hands, elect or appoint a treasurer and clerk, a collector or collectors, a surveyor or surveyors, and such other officers, as they the said commissioners shall think proper, and so many scavengers, rakers, or cleansers of the streets, lanes, ways, passages, and places, as they find necessary, and may from time to time remove all or,any of the said officers and persons, at their will and pleasure, and appoint others in the room and stead of such of them as shall die or decline to act, or be so removed; and it shall be lawful for the said commissioners, out of the
money arising by virtue of this Act, to appoint and pay such salaries, or other allowances, to the said officers, and to all and every other person and persons who shall be employed in or about the execution of this Act, as they shall judge reasonable and proper.

Provided always, That the said commissioners shall, and are hereby required, to take security from their treasurer, clerk, collectors, surveyors, and other officers, for the due execution of their respective offices, and of the trusts reposed in them; and all such officers and persons shall, under their hands (at such time and times ard. in such manner as the said commissioners shall direct) deliver to the said commissioners, or to such person or persons as they shall appoint, true and perfect accounts in writing of all matters and things committed to their charge by virtue of this Act, and also of all monies which shall have been by them respectively received by virtue of and for the purposes of this Act, and how much thereof hath been paid and disbursed, and for what purposes, together with the proper vouchers for such payments, and shall pay all such monies as shall remain in their respective hands to the said commissioners, or to such person or persons as they shall appoint; and the said officers and persons so accounting, shall upon oath, if thereunto required by the said commissioners, verify their said accounts; and if any such officer or person, shall not make and render, or shall neglect or refuse to verify upon oath any such account, or to produce or deliver up the vouchers relating to the same, or to make payment as aforesaid, or shall not deliver to the said commissioners, or to such person as they shall appoint, within fourteen days next after being thereunto required, by notice in writing, signed by the said commissioners, or their clerk, and given to or left at the last or usual place of abode of such officer or person, all books, papers, and writings, in his custody or power, relating to the execution of this Act, or give satisfaction to the said commissioners respecting the same, the said commissioners are hereby authorized and impowered to cause an action to be brought against the officer or person so neglecting or refusing, in order for the recovery of the monies that shall be in his hands, with costs of suit; or if complaint shall be made. by the said commissioners, or by such person, or persons as they shall appoint for that purpose, of any such refusal or neglect, to any justice of the peace for the county, city, town, or place, wherein such officer or person shall be or reside, such justice is , hereby authorized and required, by warrant under his hand and seal, to cause such officer, or person to be brought before him, and on his appearing, or not being to be found, to hear and determine the matter in a summary way, and if upon the confession of the party, or by the testimony of any credible witness or witnesses upon oath, it shall appear to such justice that any of the monies that shall have been collected and raised by virtue of this Act shall be in the hands of such officer or person, such justice is hereby authorized and required, upon non-payment thereof, by warrant under his hand and seal to cause such money to be levied by distress and sale of the goods chattels of such officer or person, and if no goods or chattels of such officer or person can be found, sufficient to answer and satisfy the said money, and the charges of distraining and selling the distress, or if it shall, in manner aforesaid, appear to such justice, that any such officer or person shall refuse or neglect to render and give such account, or to verify the same as aforesaid, or to produce the vouchers relating thereto, or that any books, papers, or writings, relating to the execution of this Act, shall be in the custody or power of any such officer or person, and he shall have refused or neglected to deliver or give satisfaction respecting the same as aforesaid, then such justice shall commit every such otlender to the common gaol or house of correction of or for the said county, city, town, or place, where such offender shall be or reside, there to remain without bail or mainprize, until he or they shall compound with the said commissioners touching the same, and shall have paid such composition in such manner as they shall appoint (which compostion the said commissioners are hereby empowered to make and receive) and until he or they shall deliver up all such books, papers, and writings as aforesaid, or give satisfaction in respect thereof to the said commissioners as aforesaid; but no person who shall be committed on o account of his not having sufficient goods or chattels as aforesaid, shall be detained in prison for any longer than six calendar months.

And be it further enacted, That upon the death, or bankruptcy, or insolvency of any treasurer, clerk, collector, officer, or other person, to be appointed as aforesaid for executing the purposes of this Act, before he shall have paid and delivered up all the monies which he shall have received by virtue of this Act, the respective executors or administrators, in case of the death of any such officer, or the assignee or assignees of his estate and effects, or other person or persons possessing the same, or in whom the same shall or may be vested (in case, of bankruptcy or insolvency) shall, within twenty days next after such decease, or bankruptcy, or insolvency, deliver to the said commissioners an account in writing, under his, her, or their hand or hands, of the monies and effects which such person, or persons so deceased, or become bankrupt or insolvent, bad been by virtue of this Act appointed to collect or receive, and which shall then have been collected or received by such person deceased, or become bankrupt or insolvent, and shall also pay (previous to the paying of any other debts or sums of money) all such monies as were in the hands of such persons respectively, at the time of his or their death, or at the time of his or their insolvency, or at the time of the issuing of any commission of bankruptcy against him or them, and not paid over, or so much thereof as the said estate will extend to pay, and shall deliver all books, papers, and things concerning his office to such person or persons as the said commissioners, by writing under their hands, shall appoint to receive the same; and every executor or administrator, assignee, or other person or persons possessed of such monies, estate, or effects as aforesaid, may plead such payment in any action or suit which may be brought against him, her, or them, for or on account of such estate or effects, or give the same in evidence; and in case of nonpayment of such monies, or non delivery of such books, papers, writings, and things, for the space of ten days after the same shall be demanded by any one of the said commissioners, it shall be lawful for the said commissioners to commence, maintain, and prosecute any action or actions, in any of his Majesty's courts of record at Westminster, against such executors or administrators, assignee or assignees, or other person or persons possessing the estate and effects which did belong to such deceased person, or such bankrupt or insolvent, for recovery thereof, or for recovery of damages in lieu of such books, papers, writings, and things respectively: Provided always, that nothing herein contained shall be construed to deprive the said commissioners, or any of them, of any action or actions, suit or suits, against the surety or sureties of any such treasurer, clerk, collector, or other officer or officers, for the non-performance of any covenant or agreement entered into by such treasurer, clerk, collector, officer or officers or his or their surety or sureties, touching any thing to be done under or in pursuance of this Act.

And be it further enacted, That if any person who shall be employed by the said commissioners as treasurer, clerk, collector, surveyor, or otherwise, in putting this Act in execution, shall exact, take, or accept, by any ways or means, any fee or reward whatsoever, other than such salaries or allowances as shall be appointed by the said commissioners, for or on account of any thing done or to be done by virtue of this Act, or on any account whatsoever relative to the putting of this Act in execution, or shall be by any ways or means concerned or interested in any bargain, contract or agreement, made or to be made by the said commissioners for any of the purposes of this Act, every such person, swo offending , shall be incapable of ever serving or being employed under this Act, and shall, over and above, forfeit and pay the sum of one hundred pounds to any person or persons who shall sue for the same, by action of debt, or on the case, in any of his Majesty's courts of record at Westminster, within six calendar months next after the offence committed.

And be it further enacted, That the respective owners or proprietors, feoffees, trustees, and occupiers of the several houses, shops, malthouses, warehouses, stables, buildings, courts, yards, gardens, lands, tenements, and hereditaments, lying before, or opposite and adjoining to the said streets, lanes, ways, passages, and places, shall from time to time, within twenty one days next after notice given them in writing by the said commissioners, or their surveyor or surveyors, well and.sufficiently pave, or cause to be paved, the street, lane, way, passage, or place, as well the carriage as the foot way, before their respective houses and other premises as aforesaid, into the middle of the street, lane, way, passage, or place, such paving nevertheless, both with respect to materials, regularity, manner, and form, to be done under the direction of the said commissioners, or their surveyor or surveyors, who may cause the ground to be raised, lowered, or rounded, and direct the respective owners or proprietors, feoflees, trustees, and occupiers of houses and premises within the three principal streets, called High Street, Church Street, and Barton Street, to lay, or cause to be laid, a foot pavement of flat smooth stones on each, side of the said streets; and may also direct and cause proper drains, gutters, watercourses, and sewers to be made, dug, sunk, or built, and iron gratings to be put in all proper places: and in case any owner or proprietor, feoffee, trustee, occupier of any messuage, tenement, or buildings, shall neglect or refuse, for the space of twenty-one days next after notice to him, her, or them given as aforesaid, to make or lay such foot pavement as aforesaid, or to pave or repair such street, lane, way, passage, or place, in manner and with such materials as the said commissioners, or their surveyor or surveyors, shall order and direct, it shall be lawful for the said commissioners, and they are hereby required, to cause the same to be properly laid, paved or repaired; and in, case any such , owner or proprietor, feoffee, trustee, or occupier, shall cause any such street, lane, way, passage, or place, or any part thereof, to be paved or repaired, otherwise than under the direction of such surveyor or surveyors as aforesaid, then the said commissioners shall direct such pavement to he taken up and relaid in such manner as they, or their surveyor or surveyors, shall, order and direct, and the costs and charges of such paving and repairing, and of taking up and relaying such pavenmen as aforesaid, shall be reimbursed to the said commissioners, and be paid and payable by the respective tenants or occupiers of such houses and premises:.And if any tenant or occupier of any such premises shall neglect or refuse to pay such charges within three days after personal demand made thereof, or by notice in writing, under the hand of the said surveyor, clerk, or other, person appointed by the said commissioners, to be delivered to or left at the dwelling house of such tenant or tenants, occupier or occupiers, the same shall and may be levied on every such tenant or tenants, occupier or occupiers, by distress and sale of his, her, or their goods and chattels, by warrant under the hand and seal, or hands and seals, of any one or more justice or justices of the peace for the borough of Tewkesbury, in the county of Gloucester, which warrant the said justice or justices is and are hereby authorized, impowered, and required to grant, upon information on oath of such neglect or refusal, returning the overplus (if any) of the monies raised by such distress and sale, after deducting all costs and charges attending the same, to the owner or owners of such goods or chattels so distrained, on demand; and where any shop, malthouse, warehouse, stable, building, court, yard, garden, land, tenement, or hereditament, shall be let or demised to more than one tenant or occupier, any one or more of such tenants or occupiers shall be deemed the actual tenant or tenants, occupier or occupiers, for the purposes of this Act, and the said charges shall be levied by distress and sale of all or any of the goods and chattels in such respective premises; and in case any tenant or tenants, occupier on occupiers, shall remove out of such house, shop, warethouse, warehouse, stable, building, court, yard, garden, land, tenement, or hereditament, before such charges shall be paid by his, her, or them, or if the goods and chattels of such tenant or tenants, occupier or occupiers, shall not be sufficient to defray such charges, or if it shall happen that any of the said premises shall be untenanted, then, and in every such case, such houses, shops, malthouses, warehouses, stables, buildings, courts, yards, gardens, lands, tenements, and hereditaments, shall be, and the same are hereby made, a security for and chargeable with all such charges and expenses, and the same shall and may be levied by distress, and sale (by warrant as aforesaid) of any goods and chattels which Tenant, or shall afterwards be found in or upon the same respective premises, or of the goods and chattels of the owner or proprietor, feoffee, or trustee thereof, in case such owner or proprietor, feoffee, or trustee, shall neglect or refuse to pay the same for the space of three days next after the same shall be personally demanded of him, her, or them, or by notice in writing under the hand of the said surveyor or clerk, or other person, to be delivered to or left at the dwelling house or usual place of abode of such owner or proprietor, feoffee or trustee, in case such owner or proprietor, feoffee, or trustee, shall then reside within the said town or parish of Tewkesbury; and in case such owner or proprietor, feffee, or trustee, shall not reside within the said town or parish, then, in case of such neglect or refusal as aforesaid, upon like notice, all such charges shall in like manner be levied by distress and sale, by warrant under the hand and seal, or hands and seals, of any one or more justice or justices of the peace for the county, city, town, or place, where such owner or proprietor, feoffee, or trustee, shall reside, or where such goods and chattels shall be found; and it shall be lawful for any tenant or occupier, who shall have new paved, amended, or repaired the pavement of any street, lane, way, passage, or place, before his or her house, houses and premises, in manner as directed by this Act, or who shall have paid and reimbursed to the said commissioners the expences of doing the same, or on whom any such expences shall have been levied, to retain and deduct out of his or her rent the charges and expences which such tenant or occupier shall pay or have levied upon him or her on any of the accounts aforesaid; and the owner or proprietor, feoffee or trustee of such premises, is hereby required to allow such deductions and payments, upon the receipt of the residue of his or her rent; and in case any tenant or occupier shall pay or have levied upon him or her more money on account of' such new paving, amending, or repairing as aforesaid, than shall be due from him or her for his or her house, shop, maithouse, warehouse, stable, building, court, yard, garden, land, tenement, or hereditament, the overplus thereof shall and may be levied on the owner or proprietor, feoffee, or trustee of such respective premises, by distress and sale of the goods and chattels of such owner or proprietor, feoffee, or trustee, by warrant under the hand and seal, or hands and seals, of any one or more justice or justices of the peace for the county, city, town, or place, where. such goods or chattels shall be found, such owner or proprietor, feoffee, or trustee, having refused or neglected,.to pay the same for the space of ten days after demand made thereof by such tenant or occupier, his or, her attorney or agent for that purpose appointed.

And be it further enacted, That the said, commissioners, or their surveyor, or such other person, or persons as they or he shall employ or appoint, having an order in writing under the hands of the said commissioners for that purpose may, and are hereby authorized and impowered to search for, dig, cut, gather, take, and carry away any stones, gravel, sand, or other materials, proper for the raising, repairing, and altering the said streets, lanes, ways, passages, and places, in, out of, or from any waste ground, river, or brook, within the parish of Tewkesbury aforesaid, without paying any thing for the same; and also the said surveyor, or other person as aforesaid may, by order of the said commissioners in writing, search for, dig, gather, take, and carry away any such materials as aforesaid, in, out of, from, and over the lands or grounds of any person or persons, whomsoever, situate, lying, and being within the parish of Tewvkesbary aforesaid (not being land or ground wherein, any dwelling house stands, or which immediately adjoins and belongs to any such dwelling house, or a garden, orchard, plantation, or nursery for trees, or a yard, park, lawn, pleasure ground, planted walk or walks, or avenue to any house) where the same may or are likely to be had and found, and cause the same to be carried or brought into the said town and precincts, or any part or parts thereof, such surveyor, or other person or persons, filling up the pits and levelling the ground, or railing, or fencing off such pits or ground, or sloping down the banks where such materials shall be had, so that the same may not be or remain in a dangerous state, and paying or, tendering to the owners and occupiers of such lands or grounds, in out of, or from which any stone, gravel, sand, or other materials, shall be searched for, dug, cut, gathered, taken and carried away, such satisfaction for the same, and for the damage to any lands over which any, rnaterials gotten shall be corveyed, as the said commissioners shall adjudge reasonable, and in case any difference between the said commissioners and such owners or occupiers concerning such payments and damages as aforesaid, the justicies of the peace, at the next general quarter sessions of the peace to beholden for the said borough of Tewekeshury, or for the county of Gloucester (on eight days notice thereof being given in writing by such owner or occupier, or by the treasurer, cerk, or surveyor, appointed by the said commissioners, to the other of them) shall hear, settle and determine the same, and the judgement or order of the said justices threin shall be final and conclusive to all parties, and the said commissioners shall have full power and authority to do all and every such other acts and things as they shall from time to time judge necessary or proper for accomplishing the ends and intent of this Act; and if any person or persons shall at any time obstruct, hinder, or molest the said commissioners or any surveyor or other workman, or person whomsoever employed by virtue of this Act, in the perforniance or execution of their or his duty, every such person so offending shall, for every such offence, forfeit and pay a sum, not exeeeding forty shillings, nor less than ten shillings, at the discretion of any two of his Majesty's justices of the peace for the said borough of Tewkesbury.

Provided always, That if any person or persons shall make, or cause to be made, any alteration in the form of the pavement of any of the said streets, lanes, ways, messuages and places, after the same shall have been paved or repaired by virtue of this act, without the consent and approbation of the said commissioners, the said commissioners shall and may order any proper workman or workmen to reinstate the same, and the expences and charges thereof shall be borne and defrayed by the person or persons who shall have made such alteration, and shall be recovered (in case of non-payment thereof upon demand) in like nmanner,as penalties or forfeitures are by this Act authorized or directed to be recovered.

And be it further enacted, That the property of all lamps, lamp irons, and lamp posts, which shall be erected or fixed by virtue of this Act, and of all materials, implements, and other things to be purchased, provided, or procured by the said commissioners for the purposes of this Act, and all the drains, sewers, and watercourses, for conveying water through and from the said streets, lanes, ways, passages, and places, shall be, and the same are hereby vested in the said Commissioners, and they are hereby authorized and impowered to bring, or cause to be brought, any action or actions, or to prefer any bill or, bills, of indictment, as the case may require, against any person or persons who shall steal, take, or carry away, spoil, injure, or destroy, any part or parts thereof, or any other matter or thing vested in the said commissioners as aforesaid, or disturb them in the possession thereof: and the said commissioners shall have full power and authority, from time to time, to sell all or any part of the useless materials, and the money arising therefrom shall be applied towards the purposes of this Act.

And be it further enacted, That it shall be lawful for the said commisioners, and they are hereby authorized and impowered, from time to time, to contract with any person or persons for the performing of any work, matter, or thing, by this Act authorized or directed to be done by the said commissioners, or by their surveyor or surveyors, within the said town and precincts, which contract or contracts shall specify the works or business to be done, and the prices to be paid for the same, and the time and times when such works or business shall be performed and completed, and the manner of completing and performing the same, and the penalties to be suffered in case of non-performance thereof; but previous to the making of any such contract twenty-one days notice at the least shall be given in The Gloucester Journal or other public newspaper usually circulated in the said county of Gloucester, and by affixing the same on the door of Tewkesbury church, expressing the intention of such contract; and if after any such contract shall be entered into, the work or business therein specified or agreed to be done or performed shall not be well and sufficiently performed according to the true intent and meaning of such contract or contracts, or shall not be completed at or within the time or times that the same shall be agreed to be completed by any contractor or contractors, the said commissioners may bring an action of debt in any of his Majesty's courts of law at Westminster, against the person or persons so contracting and neglecting to perform, or not duly performing any such contract or contracts, and for any penalty or penalties which shall be contained therein; and on proof of the execution of such contract or contracts, and non-performance thereof at the time or times or in the manner therein mentioned, the said commissioners shall be entitled to and shall recover such penalty or penalties, which when recovered shall be applied towards the purposes of this Act.

Provided always, and be it further enacted, That in case any owner or occupier of any house, tenement, or building, shall be unable to bear and pay his other part of the charges and expences of new paving, altering, and repairing the said streets, lanes, ways, passages, and places, in manner as directed by this Act, or of lighting and watching the same, or of taking down, removing, or altering projections, or of any other charges and expences to be incurred by virtue of this Act (such inability being proved to and allowed in writing by any three of his Majesty's justices of the peace for the said borough of Tewkesbury, assembled in any special sessions to be held for the said borough, and also by the said commissioners) no distress shall be taken or made of his or her goods and chattels for recovery of such charges and expences, but the same shall be charged upon and paid out of the rates to be made by virtue of this Act, nor shall any such rates be made or charged upon any person or persons whose inability as aforesaid shall be allowed by the said justices and commissioners, nor upon any person or persons who by by reason of his, her, or, their poverty and inability only, is are, or shall be excused, and left out of the rates made for the relief of the poor of the said parish of Tewkesbury.

Provided always, That nothing in this Act contained shall be deemed or taken to rescind, make void, or alter any covenant or agreement in writing between any landlord and tenant, touching or concerning the expences or burthen of paving or repairing the said streets, lanes, ways, passages, and places, or any of them, or any part thereof, or by whom the same or any part thereof shall be sustained or paid.

Provided also, and it is hereby furher enacted and declared,That all and every person and persons, bodies politic or corporate, who by any prescription, custom, usage, tenure, or special agreement, is or are obliged or liable to repair any part or parts of the streets, lanes, ways, passages, and places, within the said town and precincts, shall still remain liable to repair the same, so as such part or parts of the said streets, lanes, ways, passages and places be regularly paved, cleansed, and repaired, in the same manner as the other parts thereof are hereinbefore directed to be paved, cleansed, and repaired: Provided also that nothing in this Act contained shall extend or be construed to extend to authorize or impower the said cornrmissioners to order, direct, or cause any of the pavements on the Key and Key Bridge, within the said town and precincts, which have usually been paved and repaired by the bailiffs, burgesses, and commonalty of the said, borough, to be taken up, repaved, altered, or repaired, but the said Key and Key Bridge shall continue to be paved and repaired by and under the direction of the said bailiffs, burgesses, and commonalty, as the same have been by them from time to time heretofore paved and repaired.

And be it further enacted, That the comnmissioners may, and they are hereby authorized and impowered, direct and appoint in what parts of the said town and precincts lamps shall be set up or continued, and to or near what houses, buildings, and other places, the said lamps, lamp posts, or irons, shall be erected or affixed, and also to direct and appoint the number and sort of lamps, and for how long time the same shall continue lighted, and out of the monies to be raised by virtue of this Act, to cause the same to be set up, replaced, lighted, supported, repaired, and provided with all requisites, making good the damage (if any) that may be done to any of the said houses or buildings by erecting or affixing such lamps.

And be it further enacted, That if any person shall wilfully break, throw down, or otherwise damage or destroy any of the lamps, or any of the posts, irons, or other furniture thereof, or shall extinguish any of the said lamps, or take, spill, or throw away any of the oil, it shall be lawful for any justice of the peace for the borough aforesaid, and he is hereby required, upon oath made of the commission of any such offence, to issue a warrant for apprehending the party accused; or it shall be lawful for any person or persons who shall see such offence committed to apprehend, as also for any other person or persons to assist in apprehending the offender, and by authority of this Act, and without any other warrant, to take him or her before some justice of the peace for the said borough, and such justice shall proceed to examine upon oath any witness or witnesses who shall appear or be produced to give information touching such offence, and if the party accused shall be convicted of such offence, either by his or her own confession, or by the oath of one or more witness or witnesses as aforesaid, he or she so convicted shall, for every such offence, forfeit and pay a sum not exceeding forty shillings for each lamp, or lamp iron, or post so broke or thrown down or damaged, and for every lamp so extinguished, or from whence the oil shall be taken, spilt, or thrown away, and shall also make full satisfaction to the said commissioners, or to their treasurer or clerk, for the damage so by him or her done; and in case such offender shall not, upon conviction, pay the forfeiture by him or her incurred, and make such satisfaction as aforesaid, such justice is hereby required to commit him or her to the common gaol or house of correction for the said borough, there to be kept to hard labour for any time not less than one calendar month, nor exceeding two calendar months, and such offender shall not be discharged before the expiration of the time for which be or she shall be committed, unless such forfeiture and satisfaction shall be sooner paid and made; and if any person shall negligently or accidentally break, throw down, or otherwise damage any of the said lamps, or any of the posts, irons, or other furniture thereof; and shall not, upon demand, make satisfaction to the said comiimissioners; or to their treasurer or clerk, for the damage by such person done as aforesaid, it shall be lawful for any justice of the peace for the borough aforesaid, and he is hereby required, upon complaint thereof made by any credible person or persons, to summon before him the party complained of and upon hearing the allegations and proofs on both sides, or non-appearance of the party complained of, to award such sum or sums of money, by way of satisfaction for such damage as such justice shall think reasonable, and in case of refusal or neglect immediately to pay the money so awarded, to cause the same to be recovered in such manner as fines, penalties, and forfeitures, are by this Act directed to be recovered.

And be it further enacted, That the said commissioners shall and may appoint such number of able-bodied men, to be employed as watchmen in the nighttime, to attend from time to time, and at such times and places within the said town and precincts, and to perform, such duty as the said commissioners shall order, direct, and appoint and shall and may remove all or any such watchmen from time to time as they shall see cause, and appoint others in the room of such of them as shall be so removed, or shall die or be incapable of performing their duty, and shall and may appoint what wages, salaries, gratuities, rewards, or payments shall be made to all such watchmen for their several attendances and services; and in case any such watchman shall misbehave himself or neglect his duty, the treasurer for the time being is hereby authorized to suspend such watchman from the execution of his office, and to appoint another person to officiate therein until the next meeting of the said commissioners, when the said treasurer shall lay before them the complaint against such watchman, in order for the commissioners then present to proced to the examination of the said offence, and such watchman shall, for every misbehaviour or neglect, forfeit and pay a sum not exceeding five shillings, nor less than two shillings, or shall be discharged from his said office of watchman, and at the discretion of the said commissioners.

And be it further enacted, That the said commissioners shall and may, at any time after the passing of this Act, cause notice to be given to the respective owners or proprietors, feoffees, trustees, or occupiers of the several houses, shops, malthouses, warehouses, stables, buildings, courts, gardens, lands, tenements, and hereditaments, in the said town and precincts, to alter or affix all spouts and gutters on the front of their respective houses and other buildings, so that the water be conveyed down by the sides of such houses or other buildings into their own private ground or premises, or under the foot pavement into the common channel or drain, and also to take down, fill up, remove, alter, or regulate, all signs or other emblems used to denote the trade, occupation, or calling of any person or persons, and all sign posts and sign irons, penthouses, bow windows, or projecting windows, shew boards, stalls, window shutters and flaps, porches, steps, sheds, pumps, wells, butcher's stalls, bulks and gallowses, shambles, blocks or pieces of timber, chopping blocks, posts, rails, and stumps, projecting into, or standing or being in any of the said streets, lanes, ways, passages, or places, and all other encroachments, projections, nuisances, or annoyances whatsoever, within the said town and precincts, projecting into, or standing or being in the said streets, lanes, ways, passages, or places, or in or upon the waste or other ground adjoining or near to the houses and buildings in such streets, lanes, ways, passages, or places, in such manner, as the said commissioners shall think proper (except stalls, or standings for butchers, or other trading persons, and pens for pigs and sheep, usually set or placed on market and fair days within the said town) and to cause all signs or other emblems as aforesaid, or such parts thereof as the said commissioners shall think fit, to be carried away or affixed and placed on the fronts of the houses, shops, warehouses, or buildings, whereunto the same respectively belonged or were before affixed, and not otherwise; and in case the owners or proprietors, feoffees, trustees, or occupiers, shall refuse or neglect to do as before directed for the space of one calendar month next after such notice shall be given to him, her, or them, respectively (which notice shall be given in writing under the hands of the said commissioners, or under the hand of their clerk or surveyor for the time being, and delivered to or left at the dwelling house or usual place of abode of such owner or proprietor, feoffee, trustee, or occupier) it shall be lawful for the said commissioners to cause such spouts and gutters to be properly placed, and such signs, matters, and things before mentioned, and all other encroachments, projections, nuisances, or annoyances whatsoever, to be taken down, carried away, filled up, or removed, altered, and regulated, in such manner as they shall think proper, and shall return, or cause to be returned to the respective owners, or to be left on the spot, or as near as conveniently may be for such owner or owners, so much of such signs or other encroachments, projections, nuisances, or annoyances whatsoever, as shall not be affixed or put up, or otherwise made use of in the alterations directed by this Act, and the charges and expences attending the same shall and may be recovered of the owners or proprietors, feoffees, trustees, or occupiers thereof respectively, in the same manner as the charges and expences of altering, paving, and repairing such or such parts of the said streets, lanes, ways, passages, and places, as are to be done by the said commissioners in case of default made therein by the persons who ought to perform such works, are to be recovered; and any tenant or occupier who shall have altered such spouts and gutters, and removed such projections, encroachments, and obstructions as aforesaid, or on whom the expences of doing the same shall have been levied, shall have the same powers of reimbursing him or herself, and recovering such expences from the owners or proprietors, feoffees, and trustees respectively as are hereinbefore given to tenants or occupiers for reimbursing and recovering, their charges and expences of paving or repairing any of the said streets, lanes, ways, passages, and places; and if any person or persons shall, at any time or times thereafter, place any spout or gutter, or sink any well, or hang, place, or erect, any sign or sign post, or other post, sign iron, penthouse, bow window, or projecting window, shew board, stall, window shutter or flap, porch, step, shed, pump, butcher's stall, bulk, or gallows, shamble, block, or piece of timber, chopping block, post, rail, stump, or other encroachment, projection, nuisance, or annoyance whatsoever, or cause the same to be done, contrary to the directions and true intent and meaning of this Act, every person so offending shall, for every such offence, forfeit and pay the sum of live pounds, and the further sum of ten shillings daily, for every day such offence shall continue, and the master workman employed to erect, build, do, or perform the same, shall forfeit and pay the sum of five pounds; and it shall be lawful for the said commissioners to cause the same to be taken down, filled up, removed, carried away, altered, or regulated, in such manner as they shall think proper, without any notice or warning to be given to the owners or proprietors, feoffees, , trustees, tenants, or occupiers, to take down, fill up, remove, carry away, alter, or regulate the same.

And be it further enacted, That all steps that are or shall be made to project into the foot ways of the said streets, lanes, ways, passages, or places, and all steps and doors that are or shall be made to go down out of the foot ways into any cellar, vault, or other place belonging to any house, shop, warehouse, or tenement, which shall cause or occasion any nuisance, annoyance, encroachment, or obstruction (either in the foot or carriage way) shall and may be, from time to time, removed, fixed, placed, or altered, in such manner and form as shall be approved of by the said commissioners, and by such ways and means as are in this Act provided for removing other annoyances and encroachments.

And be it further enacted, That no surveyor, master carpenter, mason, or any workman, in rebuilding, new-fronting, or altering any house or building, situate in or near any street, lane, way, passage, or place, within the said town or precincts, shall, under any pretence whatsoever, bring the foundation, or any part of the front thereof, forward beyond the line of the street, lane, way, passage, or place, upon pain of forfeiting for every such offence the sum of ten pounds; and the owner of such house or building shall forfeit and pay the sum of forty shillings for every month such obstruction or encroachment shall remain by reason of the foundation or any part of the front of such house or building being brought forward as aforesaid; and it shall be lawful for the said commissioners, by writing under their hands, to order and cause the same to be taken down, the costs and charges whereof shall be paid and reimbursed to the said commissioners, or their order, by the owner or proprietor, feoffee, or trustee of such houses or buildings, or other person or persons ordering or directing the same, and shall be recovered in such manner, and by such ways and means as the charges and expences of altering, paving, and repairing such or such parts of the said streets, lanes, ways, passages, and places, as are to be done by the said commissioners in cases of default as aforesaid, are in and by this Act directed to be recovered.

And be it further enacted, That every occupier of any house, tenement, or building, within the said town, shall cause the foot way all along the front or sides of his, her, or their respective houses, tenements, or buildings, and the pavement and gutters before his, her, or their house, tenement, or building, as far as the pavement belonging to such house, tenement, or building shall extend, to be swept, scraped, and cleansed, on every Saturday, and the soil and dirt to be carried away, as his, her, or their own property, to some place or places, where the laying the same shall not be a nuisance to the inhabitants of the said town or precincts, before the hour of eight in the evening, upon pain of forfeiting and paying the sum of two shillings for each neglect or offence.

And be it further enacted, That the scavenger or scavengers, or other person or persons contracted with or employed for cleansing the said streets, lanes, ways, passages, and places, shall sweep and cleanse the same, and carry away the dirt and soil therefrom twice in every week (to wit) on Monday and Thursday, or on such other days (except Saturday) as shall be, appointed by the said commissioners, on pain of forfeiting twenty shillings for every neglect therein; and it shall be lawful for the said commissioners to rent, lease, or otherwise agree for one or more piece or pieces of land, lying in or near the said town and precincts, where the dirt or soil may be carried, laid, or deposited by the scavengers or other persons employed as aforesaid, and the rent or rents thereof shall be paid out of the money to arise by virtue of this Act; and it shall be lawful for the said commissioners to sell and dispose of the dirt and soil arising from the sweeping and cleansing the said streets, lanes, ways, passages, and places, by the said scavengers or other persons employed by the said commissioners as aforesaid, and to apply the money to the purposes-of this Act.

And be it further enacted, That if any person shall run, drive, or carry on any foot way within the said town any wheel, sledge, wheel barrow, hand barrow, truck, or carriage whatsoever, or shall roll any cask, or ride, drive or lead, any, horse or other cattle thereon, or shall in any part of the said streets, lanes, ways, or passages, hoop, fire, cleanse, wash or scald, any cask, or hew, saw, or cut, or cause to be hewed, sawed, or cut any stone, wood, or timber, or make or repair any coach, chaise, waggon, cart, trolley, dray, sledge, or other carriage, or any part thereof, or the wheels thereof, or shall shoe, bleed, clean, or dress, or turn or drive loose any horse, or shall sift, screen, wet, slack, or mix, any lime, or wet, make, or mix any mortar (except as is hereinafter mentioned) or throw at any cock or fowl in the manner called cock throwing, or set up any cock or fowl to be thrown at in such manner, or throw any snow or snow balls, or shall bait or cause to be baited any bull, or permit or suffer any bull dog or mastiff dog to be at liberty or go at large unmuzzled, or shall make or assist in the making of any bonfire, or shall set fire to, or let off, or throw, or use any squib, serpent, rocket, or firework whatsoever, or play at the game called foot ball in any part of the said town or precincts thereof, or shall set, place, or expose to sale, or cause, or permit, or suffer to be set, placed, or exposed to sale any goods, chattels, wares or merchandize whatsoever, on the foot or carriage way of any of the said streets, lanes, ways, passages, or places, or any part or, parts thereof, or hang up or expose any goods, wares, or merchandize, or any matter or thing, so as to obstruct or incommode the passage of any of the foot ways or carriage ways; every person so offending in any or either of the cases aforesaid, shall, for every such offence, forfeit and pay the sum of ten shillings, over and above such penalties as are inflicted on or in respect of, any or either of the said offences, by any law or statute.

And be it further enacted, That if any person or persons shall kill, slaughter, singe, scald, dress, or cut up any beast, swine, calf, sheep, lamb, kid, pig, or other cattle, or cause the same to be done, in any of the streets, lanes, ways, or passages, within the said town, or cause any blood to run from any slaughterhouse, or other place, into any of such streets, lanes, ways, or passages, every person so offending in any of the matters aforesaid, shall, for every offence, forfeit and pay the sum of forty shillings.

And be it further enacted, That if any cattle, beast, or swine, shall, at any time, be found wandering any of the streets, lanes, ways, passages, or places, within the said town, it shall be lawful for any officer or officers of the commissioners, or any of the occupiers of houses in the said town and precincts, or any person or persons , employed by them, to impound such cattle, beasts, or swine in the common pound of the said borough, and the same to detain until the sum of two shillings for each of such cattle, beasts, or swine, and the expence of impounding, shall be fully paid and satisfied; and in case such penalty and expences shall not be paid within three days after such impounding, it shall be lawful for the treasurer, clerk, or other officer appointed by the said commissioners, to sell or cause such cattle, beasts, or swine to be sold, and the money arising from such sale, after deducting the penalty and the expences of impounding and selling as aforesaid, shall be applied to the purposes of this Act.

And be it further enacted, That in case any hog stye or pigs cote, lay stall, bog house, flesh, dung, muck, carrion, blood, offal, soil, or filth, or any other noisome matter whatsoever, shall be offensive to any person residing in any of the said streets, lanes, ways, passages, or places, the same shall be deemed a nuisance, and an offence against this Act, and it shall be lawful for the said commissioners, or (in case they shall be then adjourned) for their treasurer, upon complaint thereof made to them or him, as the case may be, by such person, to give notice in writing to the person or persons complained of, to remove such nuisance or offence; and in case the same shall not be done within twenty-four hours after such notice given, the person or persons making or occasioning such nuisance or offence shall forfeit and pay the sum of two shillings for every hour the same shall continue unremoved, after the expiration of the said twenty-four hours.

And be it further enacted, That if any person or persons shall sift or throw, cast or lay any ashes, dust, dirt, muck, dung, soil, filth, rubbish, refuse of garden stuff, blood, offal, carrion, or other noisome or offensive matter or thing, into or in any of the streets, lanes, ways, passages, or places within the said town or precincts (except ashes, sand or saw dust, on the foot way, in frosty weather) every person offending in the premises shall, for every such offence, forfeit and pay the sum of ten shillings.

And be it further enacted, That it shall be lawful for any person or persons to erect or set up, in any of the said streets, lanes, ways, passages, or places, any fences or inclosures for making mortar, or depositing bricks, lime, or other materials, for building or repairing any houses, buildings, or other works, every such person or persons leaving convenient room for two carriages to go abreast, or to pass and repass, and also a convenient foot way, and undertaking to remove the same, and also the rubbish, in a reasonable, time, and to set up a light by night against the same, to prevent accidents, on pain of forfeiting and paying for every neglect or non-performance of any such undertaking, the sum of forty shillings.

And be it further enacted, That if any person or persons shall, after the passing of this Act, build, sink, or make any kiln, pit, or building, for burning stone into lime, or shall cause any stone to be burnt into line within the said town, or precincts thereof, every such person shall, for every such offence, forfeit and pay the sum of forty shillings, and also the sum of two shillings an hour for every hour such stone shall continue burning.

And be it further enacted, That if any person or persons whomsoever shall begin to empty any bog house, or to take away any night soil from any house or place within the said town or precincts, before the hour of twelve of the clock at night, or shall continue to take away the same after the hour of four of the clock in the morning, or shall put or cast, or suffer to run out of any cart, tub, or otherwise, in any street, lane, way, passage, or place, within the said town or precincts, any such night soil, every person or persons, so guilty of any such offence of offences, shall, for each such offence, forfeit and pay the sum of forty shillings.

And let it be further enacted, That if any cart, waggon, sledge, trolley, dray, or other carriage, shall be left, or suffered to stand or continue, in any street, lane, way, or passage, within the said town or precincts, either in the night or the day time with or without horses, for any longer time than for the necessary loading and unloading thereof, other than such as shall be allowed of by the bailiffs of the said borough, or one of them, in time of floods; or if any timber, iron, bricks, stones, slates, hay, straw, wood, faggots, coals, boards, tubs, casks, goods, wares, merchandizes, materials, or things whatsoever, shall be laid or placed, and left in any such street, lane, way, or passage for a greater space of time, than shall necessary for the housing or removing thereof (except fences and inclosures for depositing building materials as aforesaid) then and in every such case the owner or owners of every such carriage, timber, iron, lead, bricks, materials, or things, shall for every such offence forfeit and pay the sum of ten shillings, and the same shall moreover be deemed nuisances, and any one of the said commissioners, or any one of their officers, or any other person, without any peace officer or other person present, shall and may, either in the day time or by night, seize, or cause to be seized, the carriage so placed, or suffered to stand or continue, contrary to the true meaning of this Act, together with the horse or horses thereunto belonging or affixed (if any) or the timber, iron, lead, bricks, materials, or things, so laid or placed as aforesaid, and remove the same, or cause the same to be removed, to the common pound within the said borough, or to such other place, within the said town and precincts as shall be appointed for that purpose by the said commissioners, there to be kept and detained until the owner or owners thereof, or his, her, or their known servant or servants, shall claim the same, and pay to the person or persons in whose custody the same shall then be the sum of ten shillings, together with the charges of removing and keeping the same; and in case the same shall not be claimed, and the said sum of ten shillings, and charges, paid, within the space of three days next after such seizure, it shall be lawful for the said commissioners to cause the same to be appraised and sold, and the money arising therefrom shall be applied to the purpose of this Act.

And be it further enacted, That from and after the expirationof three calendar months after the passing of this Act, every cart, trolley, and wheel carriage (except waggons), kept or used for, conveying goods, corn, grain, malt, meal, flour, coals, wares, bricks, lime, sand, muck, dung, or other things, within the said town and precincts thereof, for hire or otherwise, shall have the sole or bottom of the fellies of the wheels thereof six inches broad at the least; and the tire of the wheels of every such cart, trolley, and carriage, shall be countersunk in such manner that the nails, rivets, or stubs, shall not rise above the surface of the tire, and that the felley rim, sole, or surface of the wheels shall be quite flat, and that no dray or sledge kept or used for the purposes before mentioned shall have any iron on the soles or bottoms thereof, unless the same be countersunk in such mauner as aforesaid; and that the owner of every such cart, trolley, dray, sledge, or other carriage, which shall be otherwise made or constructed than as aforesaid, shall, for every time the same shall be used, forfeit and pay the sum of twenty shillings, and every driver, not being the owner, the sum of ten shillings for every time he shall drive or use the same.

And be it further enacted, That no cart, trolley, dray, or sledge, used in conveying goods, corn, grain, malt, meal, flour, coals, wares, bricks, lime, sand, muck, dung, or other things, within the said town, and precincts thereof, for hire or otherwise, shall be drawn with any load or weight exceeding two tons, such cart; trolley, dray, or sledge being included in such weight, and that no waggon, used for the purposes aforesaid shall be drawn with any load or weight exceeding three tons, including the weight of such waggon; and that the owner of every such cart, trolley, dray, sledge, or waggon, shall paint, or cause to be painted, upon some conspicuous part of such carriage respectively, before the same shall be used, his or her christian and surname, in large legible letters, and continue the same thereupon so long as such carriage shall be used within the said town and precincts, and that no waggon, wain, cart, or other carriage, shall be drawn within the said town, and precincts thereof, to or from any place out of the said town and precincts, with a greater number of horses or other beasts, or with a greater weight, than they are respectively allowed to pass or be drawn with upon the public turnpike roads, by virtue of an Act of Parliament, passed in the thirteenth year of the reign of his Majesty King George the Third, intituled, "An Act to explain, amend, and reduce into one Act of Parliarneut, the general laws now in being for regulating the turnpike roads in that part of Great Britain called England, and for other purposes," or of any Act or Acts already passed to explain the said Act, or that shall hereafter be passed as a general law respecting turnpike roads; and the owner of every such cart, trolley, dray, sledge, waggon, wain, or other carriage, offending in any or either of the cases aforesaid, shall forfeit and pay the sum of forty shillings, and every driver, not being the owner, the sum of twenty shillings for every offence.

And be it further enacted, That.it shall be lawful for any one of the said commissioners, or any one of their officers, from time to time, and as often as they, or any of them, shall see occasion and think fit, to weigh, or cause all or any such waggons, wains, carts, trollies, drays, sledges, and other carriages, together with the loading thereof, to be weighed at any engine or machine already or hereafter to be made or erected within the said town or precincts; and if any owner of such waggon, wain, cart, trolley, dray, sledge, or other carriage, or the driver thereof, shall refuse to permit the said commissioners, or their officers, or any of them, to weigh, or cause to be weighed, any such carriage as aforesaid, or hinder, obstruct, or interrupt the said commissioners or officers, or any of them, or any person or persons employed by them, or any of them, in the weighing thereof, such owner or driver shall, for every such offence, forfeit and pay the sum of forty shillings.

And be it further enacted, That it shall be lawful for the said commissioners, from time to time, as they shall think proper, to erect, provide, support, and maintain an engine or machine within the said town or precincts for the aforesaid purposes, and likewise for weighing any goods, wares, merchandize, or things which any persons or.persons shall desire to have weighed, and who shall pay to the said commissioners, or their order, to be applied towards the purposes of this Act, a sum, to be from time to time fixed by the said commissioners, not exceeding six pence for every ton, and so in proportion for a greater or less weight, for each time of weighing; and if any person or persons shall wilfully, break, injure, or spoil, any such engine or machine, or any part or parts thereof, or any thing belonging thereto, every such person shall, for every such offence, forfeit and pay a sum not exceeding twenty pounds.

And be it further enacted, That it shall be lawful for the said commissioners, or any thirteen or more of them, and they are hereby fully impowered, from time to time, to settle and ascertain what rates and prices shall be paid and payable to, and taken by, persons using carts, trollies, drays, sledges, and other carriages, and by porters within the said town and precincts, for carrying or conveying goods, wares, and merchandize from place to place therein for hire, and for that purpose to make, constitute, ordain, and provide, from time to time, such bye-laws, rules, and orders, as they shall think fit, and from time to time to repeal, alter, or amend the same, or any of them, and to ascertain, what penalties or forfeitures shall be incurred by persons breaking or evading the same, or any of them; provided such bye-laws, rules, and orders be not repugnant to the laws of this realm, and provided that no such penalty or forfeiture shall exceed the sum of five shillings for one offence; and a copy of all such bye-laws, rules, and orders, and also a list of the different rates and prices thereby established, fairly written and signed by thirteen or more of the said commissioners, shall be and remain affixed or hung up in some conspicuous part or parts of the said Tolsey, or other building used by the justices for transacting the public business of the said borough: Provided always, that public notice shall be given of all such bye-laws, rules, and orders, by advertising the same, in the Gloucester Journal, or other public newspaper usually circulated in the said county of Gloucester, at least fourteen days before any such bye-law, rule, or order shall be executed or take effect.

And be it further enacted, That if any owner or occupier of any house or building within the said town or precincts shall, after the passing of this Act, cover, or cause to be covered, any part of the roof or roofs of his or her house or buildings, within the said town or precincts, with hay, straw, stubble, or any other thatch, or shall put or place, or cause, permit, or suffer to be put or placed, any rick, stack, or tump of corn, grain, hay, straw, or stubble, in his or her court, yard, or garden, within the said town or precincts, every person so offending shall, for every such offence, forfeit and pay the sum of forty shillings, and the further sum of five shillings daily, for every day the same shall continue unremoved, and the master workman, or any other workman employed to cover the roof or roofs of such house or buildings with hay, straw, stubble, or other thatch, shall forfeit and pay the sum of forty shillings.

And be it further enacted, That if any person or persons shall at any time throw any ashes, cinders, stones, dirt, dust, muck, dung, rubbish, or other filth whatsoever, into any part of the river Avon, or the water called Avon, or the brook called Swilgate, within the precincts of the said town, or put or place any rick, stack, or tump of corn, grain, hay, straw, or stubble, or any ashes, cinders, stones, dirt, dust, muck, dung, rubbish, or filth, upon the bank, road, or waste land, situated and extending from a garden called Lilley Croft Garden, to certain water corn mills, called Tewkesbury Mills, being bounded by the Avon towards the west side thereof; or upon the waste land situated and extending from the abbey orchard, to a meadow called Lower Rails Meadow, and being bounded by the said Swilgate Brook towards the south east side thereof; or upon a road or way extending from the north east, end of Barton Street, to a garden in the occupation of Edward Allard, gardener, and lying at or near to the north end of High Street, which said road or way is bounded by the buildings and garden ground belonging to the houses and buildings in the said streets, called Barton Street and High Street, towards the south east and south and west sides thereof, and by a field called Oldbury Field on all other sides or parts thereof, or shall dig, take, or carry away, any part or parcel of the land or soil of the said banks, roads, or waste land, every such person or persons offending in any of the cases aforesaid, shall, for every such offence, forfeit and pay the sum of forty shillings.

And be it further enacted, That if any person or persons shall fasten, tie, moor, or anchor, any trow, barge,boat, or other vessel, to or against any part of a certain bridge called The Long Bridge, or to or against any part of a certain other bridge called The Key Bridge, within the said precincts, every such person or persons shall, for every such offence, forfeit and pay the sum of forty shillings, and also the sum of five shillings an hour for every hour such trow, boat, barge, or other vessel, shall continue fastened, tied, moored, or anchored, to or against the said bridges, or either of them, or any part thereof.

And whereas it may be necessary, for draining and cleansing the said streets, lanes, ways, passages, and places, to cut, dig, sink, and make private drains, watercourses, and sewers, through or across certain courts, yards, and alleys, within the said town and precincts; Be it therefore further enacted, That it shall be lawful for the said commissioners, and they are hereby authorized and empowered to cause such drains, watercourses, and sewers, as may be needful and requisite for conveying and carrying off water and soil from the said streets, lanes, ways, passages, and places, to be cut, dug, sunk, and made, through, or across any court, yard, or alley within the said town and precincts, belonging to any person or persons whomsoever, although the same may not be part of the said streets, lanes, ways, or public passages and. places, and the said commissioners are hereby authorized, empowered, and required, to make such recompence and satisfaction to the owner or owners, occupier, or occupiers, of such court, yard, or alley, through or across which the said drains, watercourses, and sewers, shall be so cut, dug, sunk, and made, as between him, her, or them, and the said commissioners shall be agreed upon; and in case of any difference concerning such recompence and satisfaction, the justices of the peace for the said borough of Tewkesbury, at the then next general quarter sessions of the peace, to be holden for the said borough (on eight days notice thereof being given in writing by such owner or owners, occupier or occupiers, or by the treasurer, clerk, or surveyor, appointed by the said commissioners, to the other of them) shall hear, settle, and determine the same, and the judgment or order of the said justices therein shall be final and conclusive to all parties.

And be it further enacted, That it shall be lawful for the said commissioners to widen the street called Church Street, at the entrance from the Gloucester road into the said town of Tewkesbury, and for that purpose to treat, contract, and agree, with the owner and owners, proprietors, and occupiers of, and persons interested in, five certain houses, messuages, or tenements, extending; from the common gaol to the church yard gate; videlicet: one tenement fronting The Church Street, now or late the property of William Hall, gentleman, and in the occupation of Edward Darke, collarmaker; one other tenement, adjoining the aforesaid tenement, and fronting the said Church Street, now or late the property of Thomas Lintridge, labourer, and Ann his wife, and Elizabeth Spillman, spinster, or some or one of them, and in the possession of the said Thomas Lintridge; one other tenement, fronting the church yard, and now or late the property of Ralph Adderley, esquire, adjoining the two tenements above mentioned, and now or late in the occupation of William Beach, labourer; one other messuage or tenement, with the backside or court thereunto belonging, fronting the said Church Street, now or late the property of John Fownes, innholder, and in the occupation of Thomas Payne, officer of excise; and one other messuage or tenement, fronting the said Church Street, and adjoining the said last mentioned messuage or tenement, now or late the property of Isaac Williams, yeoman, and in the occupation of John Harris, baker; which said messuages or tenements are situate and lying in the said Church Street, in Tewkesbury aforesaid, having the said gaol in Tewkesbury on the north west, the road or king's highway leading towards the city of Gloucester on the south west, the church yard of Tewkesbury aforesaid towards the south east, and the said Church Street towards the north west side thereof, for the purchase of the said messuages, tenements, and premises, and the ground whereon the same stand and are situate, and also for all damage occasioned by taking down any such buildings, and laying the ground into the said street; and it shall be lawful for all bodies politic or corporate, ecclesiastical or civil, corporations aggregate or sole, guardians, feoffees, trustees, and committees, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of their infant wards, cestique trusts, lunatics, idiots,or persons of unsound memory and understanding, and to and for all femes covert, who are or shall be seised or interested in their own right, and to and for all and every person and persons whomsoever, who are or shall be seised or possessed of, or interested in any such messuages, tenements, and premises, to contract with the said commissioners for satislaction to be made for such damage as aforesaid, and to sell, and convey unto them all their said respective messuages, tenements, and premises, and the ground whereon the same stand and are situated for the purpose, aforesaid; and all contracts, sales, and conveyances which shall be so made, shall be valid to all intents and purposes, without fine or recovery, any law, statute usage, or other matter whatsoever, to the contrary notwithstanding, and all such bodies politic,corporate, ecclesiastical or civil, corporations aggregate or sole, guardians, feoflees, trustees, committees, and all other persons, shall be and are hereby indemnified for what they shall do by virtue of this Act: And if any such body politic, corporate, ecclesiastical or civil, corporation aggregate or sole, guardians, feoffees, trustees, committees, or any other person or persons interested in any such messuages, tenements, premises, or ground, upon notice to him, her, or them given, or left in writing at the dwelling house or houses, or other place or places of abode of such person or persons, or of the principal officer or officers of any such body politic, corporate,ecclesiastical or civil, or at the house of the tenant in possession, shall, for the space of thirty days next after such notice given or left, neglect or refuse to treat or shall not agree in the premises,or, by reason of absence, shall be prevented from treating, then, and in every such case, the said commmissioners shall cause such damage and recompence to be enquired into and ascertained by a jury of indifferent men of the county of Gloucester, and in order thereto the said commissioners are hereby empowered and required, from time to time, as occasion shall be, to summon and call before such jury, and examine upon oath, any person or persons whomsoever; and such commissioners shall, by ordering a view or otherwise, use all ways and means, as well for their own as for the said jury's information in the premises; and after the said jury shall have enquired of and assessed such damage and recompence, they the said commissioners shall order, adjudge and determine the sum or sums of money so assessed by the said jury to be paid to the said owners and other persons interested in such messuages, tenements, premises, and ground respectively, according to the verdict and inquisition of such jury, which said verdict or inquisition, and judgment, order, or determination thereupon, shall be final, binding, and conclusive, to all intents and purposes, against all parties and persons whomsoever, claiming or to claim, in possession, remainder, reversion, or otherwise, their heirs and successors, as well absent as present, infants, femes covert, lunatics, idiots, and persons under any disability whatsoever, bodies politic, corporate, ecclesiastical or civil, corporations aggregate or sole, as well as all other persons whomsoever; and for summoning and returning such juries, the said commissioners are hereby impowered to issue their warrant or warrants to the sheriff of the said county of Gloucester, requiring him to impanel, summon, and return an indifferent jury of twenty-four persons qualified to serve upon juries, to appear before the said commissioners at such time and place as in such warrant or warrants shall be appointed; and such sheriff, or his deputy or deputies, is and are hereby required to impanel, summon, and return such number of persons accordingly, and out of the persons so summoned, impanelled, and returned, or out of such of them as shall appear upon such summons, the said commissioners shall, and they are hereby impowered and required, to draw by ballot, and to swear, or cause to be sworn, twelve men, who shall be the jury for the purposes aforesaid; and in default of a. sufficient number of jurymen so returned, the said sheriff, or his deputy or deputies, or the said commissioners, shall return other honest and indifferent men of the standers by, or that can speedily be procured to attend that service, to make up the number of twelve, and all persons concerned shall have their lawful challenges against any of the said jurymen, when they come to be sworn; and the said commissioners shall have power from time to time to impose any reasonable fine or fines upon such sheriff, his deputy or deputies, bailiffs, or agents, making default in the premises, and on any of the persons that shall be summoned and returned on such jury, and who shall not appear, or, appearing, shall refuse to be sworn on the said jury, or, being so sworn, shall refuse to give, or not give a verdict, or shall in any other manner wilfully neglect their duty therein, contrary to the true intent and meaning of this Act, and on any of the persons who, being required to give evidence before the said jury, shall refuse or neglect to appear, or, appearing, shall refuse to be sworn and examined, or to give evidence, so that no such fine be more than ten pounds, nor less than twenty shillings, on any person for one offence.

Provided always, and it is hereby declared and enacted, That the said sheriff and his deputy and deputies, bailiffs, and agents, shall be, and they are hereby generally and respectively forbid and prohibited, to summon or return any person to serve on any such jury, who shall then be an inhabitant of, or reside in the said town of Tewkesbury, or the precincts thereof, or who shall have any real estate within the said town or precincts, nor shall any such person be capable of serving on any such jury.

And be it further enacted, That every sum of money, recompence, to be agreed for or assessed as aforesaid, shall be paid, out of the monies to arise by virtue of this Act, to the parties or persons respectively entitled to such monies, or to their agents, and upon payment thereof, or in case of refusal to accept the same, or the parties not being to be met with, on leaving the same in the hands of the treasurer for the time being of the said commissioners, their surveyors, workmen, or agents, to take down the said messuages and tenements, and lay the ground, or so much thereof as they the said commissioners shall adjudge necessary into the said street, and to do all and every act, matter, and thing, with relation thereto, as the said commissioners shall think fit, and from thenceforth all parties and persons whomsoever shall be divested of all right and title to such messuages, tenements, ground, and premises; and when the said commissioners shall have caused so much of the ground so purchased to be laid into the said street, to make the same as wide and commodious as the said commissioners shall adjudge necessary for the purpose hereby intended, the remaining or overplus ground shall be vested in, and shall and may be sold and conveyed by, the said commissioners for the best price that can be gotted for the same, and the money arising by such sale shall be applied to the purposes of this Act, and all deeds of conveyance executed by the said commissioners, and enrolled with the clerk of the peace for the said county of Gloucester, shall be good and effectual in the law, to all intents and purposes.

And be it further enacted, That in case any jury shall give in and deliver a verdict for more money, as recompence for the right, interest or property, of any person or persons in any such messuages, tenements, ground, or premises, or for any loss or damage to be by them sustained, than what shall have been agreed to and offered by the said commissioners, before the summoning and returning of the jury, as a recompence or satisfaction for any such right, interest, or property, or loss or damage as aforesaid, that then and in such case the costs and expences of summoning and maintaining the said jury and witnesses shall be borne and paid by the said commissioners, out of the money to arise by virtue of this Act; but if such jury shall give and deliver a verdict or assessment for no more, or for less money than shall have been agreed to and offered by the said commissioners, before the summoning and returning the said jury, as a recornpence or satisfaction for any such right, interest, or property, or loss or damage as aforesaid, that then the full costs and expences of summoning and maintaining the said jury and witnesses, and all the expences attending the hearing and determining such difference, shall be borne and paid by the person or persons with whom the commissioners shall have such controversy or dispute, which said costs and expences shall and may be deducted out of the consideration money, or may be recovered by the commissioners, in case the same be not immediately paid by such ways and means as are herein provided for recovery of penalties and forfeitures: Provided always, and it is hereby declared, That in all cases where any person or persons shall by reason of absence, have been prevented from treating, one half of such costs and expences shall be deducted out of the purchase money, and the other half shall be borne and paid by the commissioners manner aforesaid.

Provided always, and be it further enacted and declared, Tbat in case the said commissioners shall not purchase and be possessed of, and pay for, the said messuages, tenements, ground and premises, and all losses and damages as aforesaid, within the space of two years next after the day of passing this Act, the respective owners and persons interested in such of the said messuages, tenements, ground and premises, which shall then remain undisposed of, shall not be afterwards obliged to convey, sell, or otherwise dispose of the same, nor any part or parts thereof, or their interest therein; nor shall any jury or juries be summoned or meet to settle or ascertain the value thereof, or any recompence or damage, or any other matter respecting the same, any thing hereinbefore contained to the contrary thereof notwithstanding.

And let it further be enacted, That immediately after the said houses, messuages, or tenements, shall have been purchased and taken down as aforesaid, the churchwardens of the said parish of Tewkesbury for the time being shall cause to be built and erected a substantial wall, with iron pallisades thereon, the whole together of the heighth of six feet at the least, to extend from the said common gaol to the said church yard from the street or way; which wall and pallisades shall be so built and erected, and for ever thereafter maintained, upheld, supported, and repaired, by the churchwardens of the parish of Tewkesbury aforesaid for the time being, at tthe costs and charges of the inhabitants of the said parish.

And, for enabling the said commissioners to carry the several and respective purposes of this Act into effectual execution. Be it further enacted, That from and after the passing of this Act an equal pound rate shall be made, laid, and assessed by the said commissioners, twice in every year, or oftener, if they shall judge it needful, upon all and, every person and persons who shall inhabit, hold or occupy any house, shop, malthouse, warehouse, mill, stable, building, cellar, vault, yard, garden, orchard, tenement or hereditament, within the said town of Tewkesbury and precincts thereof, according to the respective annual rent or annual value thereof, saoas such rate do not, in any one of the first three years , to be computed from the twenty fifth day of March one thousand seven hundred and eighty six, exceed three shillings in the pound of the yearly rent or yearly value of such house or other premises, and so as such rate do not, in any subsequent year, exceed two shillings in the pound of the yearly rent or yearly value of such house or premises; all which rates shall be signed and allowed by two of his Majesty's justices of the peace for the said borough, who are also hereby empowered and required to grant, at the same time, to the collector or collectors appointed by the said commissioners as aforesaid, a warrant or warrants for the collecting thereof, and for recovering and levying the same; and all such rates, when so allowed and signed, shall and are hereby declared to be valid and legal for the purposes for which they shall be made, any law, statute, or usage to the contrary notwithstanding, and the said rates may be collected half yearly, or oftener, if the said commissioners shall think it necessary; and if any person or persons liable to pay any such rate shall neglect or refuse to pay the same for the space of three days after personal demand thereof made, or by notice in writing under the hand of the collector or collectors, left at the dwelling house or usual place of abode of such person and persons, so neglecting or refusing, it shall be lawful for the said collector or collectors to levy such rate or rates, together with the costs and charges attending the same, by distress and sale of the goods and chattels of every such person or persons so neglecting or refusing to pay as aforesaid, rendering the overplus (if any be) to the owner or owners of such goods and chattels, on demand thereof being made by such owner or owners, and if sufficient distress cannot be found within the said borough, then upon oath thereof made before any one or more justice or justices of the peace for any other county, city, town, or place (which oath shall be certified under the hand or hands of the said justice or justices, on the warrant made for such distress) the goods and chattels of such person or persons, so neglecting or refusing to pay, shall be subject and liable to such distress in such other county, city, town, or place, where the same shall be found, and may, by virtue of such warrant and certificate, be distrained and sold by the said collector or collectors, in the same manner as if the same had been found within the said borough of Tewkesbury and where any house, shop, malthouse, warehouse, mill, stable, building, cellar, vault, yard, garden, orchard, tenement, or hereditament, hereby made chargeable with the said, rates, shall be let or demised to more than one tenant or occupier, any one or more of such tenants or occupiers shall be deemed the tenant or tenants, occupier or occupiers, for the purposes of this Act, and the said rates shall be levied by distress and sale, in manner hereinbefore mentioned of any goods and chattels in such house, shop, malthouse, warehouse, mill, stable, building, cellar, vault, yard, garden, orchard, tenement, or hereditament.

And be it further enacted, That when any person or persons shall come into or occupy any house, shop, malthouse, warehouse, mill, stable, building, cellar, vault, yard, garden, orchard, tenement, or hereditament, within the said town and precincts, out of which any other person or persons liable to the payment of any rate or rates, made by virtue of this Act, shall be removed, and such rate or rates shall not have been paid and discharged, then every person so removing from, and every person so coming into, or occupying such premises, shall be liable to pay such rate or rates in proportion to the time that each person occupied the same respectively; and in case any person or persons shall quit his, her, or their house, shop, malthouse, warehouse, mill, stable, building, cellar, vault, yard, garden, orchard, tenement, or hereditament, before, he she, or they shall have paid any rate or rates, or proportionable part or parts thereof, by him, her, or them due and payable, and shall afterwards refuse or neglect to pay the same, when demanded, it shall be lawful for the said collector or collectors, by warrant under the hand and seal, or hands and seals, of any one or more justice or justices of the peace for the said borough, or for the county, city, town, or place, where such person or persons shall remove to or reside, or where any goods or chattels of such person or persons shall be found (which warrant such justice or justices is and are required to grant, upon due proof made of the sum so due before him or them upon oath) to levy such rate or rates, or proportionable part or parts thereof, by distress and sale of the goods and chattels of such person or persons, rendering the overplus (if any) on demand, to the person or persons whose goods and chattels shall have been so distrained and sold, after all charges paid.

Provided always, and be it further enacted, That no house, shop, maltouse, warehouse, mill, stable, building, cellar, vault, yard, garden, or orchard within the said town and precincts, shall be charged or chargeable with any rate as aforesaid during the time the same shall be empty or unoccupied.

Provided also, and. it is hereby enacted and declared, That the powers and authorities in this Act contained shall. not extend, or be costrued to extend, to charge any messuages, lands, tenements, tythes, or hereditaments, situate, lying, arising, or being within the hamlets, or constablewicks of Myth, and Southwick and the Park, in the parish of Tewkesbury aforesaid, or either of them, on a certain messuage or tenement, garden, orchard, and ferry, called The Upper Load House, and Upper Load Ferry, within the said parish, of Tewkesbury, belonging to Thomas Dowdeswell of Pull Court, in the county of Worcester, esquire, or any oceupier or occupiers thereof, with the payment of any rate to be made by force and virtue of this Act.

Provided likevise, That neither the said Oldbury Field, nor Tewkesbury Severn Ham nor any arable land, meadow, or pasture ground, or tythes, shall be rated or assessed by virtue of this Act, except gardens and orchards situate, lying, and being within the said town, and the ptecincts thereof.

And be it further enacted and declared, That the precincts of the said town of Tewkesbury, shall, for the purposes of this Act, extend, as well in length and breadth as in circuit, in manner following; that is to say, From a bridge standing over Carrant Brook, that divides Mitton, in the county of' Worcester from Tewkesbury by the north side of the said brook into, over, and across the river Avon, unto the water called The Stanchard Pit and Avon, to certain stone steps near Old Avon, leading off the long bridge into a meadow called Tewkesbury Upper Avon Ham and from the said stone steps, across the said long bridge, into, over, and across other meadows called Tewkesbury Lower Avon Ham, and Key Meadow, crossing Old Avon, into another meadow, called Tewkesbury Severn Ham, at or near a place called Avon Mouth and from Avon Mouth aforesaid, in a direct line across and over the said Severn Ham, the water called Mill Avon, and a meadow called Shoulder of Mutton Meadow, to a bridge standing over Swilgate Brook in the turnpike road leading towards Gloucester, and from thence, by the south east side of the said brook, to a bridge called Upper Swilgate Bridge, crossing the said brook there and a meadow called Lower Rails Meadow, to the east corner of the said meadow, and from thence by a ditch on the north west side of a meadow called Upper Rails Meadow adjoining the said Lower Rails Meadow, to a pasture ground called The Grove, and from thence, by the south west side of the said Grove ground, to the turnpike road leading towards Ashchurch, crossing the said road, and a pasture ground called The Folley, into the Oldbury Field, and to the north east corner of the Pound Garden and from the north east corner of the said Pound Garden, in a direct line, across and over the said Oldbury Field, and a meadow called Carrant Brook Meadow, to the said bridge over Carrant Brook aforesaid, and the houses, buildings, ground, and premises, within the circuit and extent above described, shall be deemed to be within the said town, and the precincts thereof.

And in order that this Act may the more specially carried into execution, Be it further enacted, That it shall be lawful for the said commissioners, or any seven or more of them, from time to time to borrow and take up at interest any sum or sums of money, upon the credit of the rates granted and made payable as aforesaid (not exceeding in the whole the sum of eight hundred pounds) and by writing under their hands and seals to assign all or any part of the said rates to such person or persons as shall lend or advance any money thereon, as a security for the repayment of the money to be so advanced, with interest for the same; and all such securities shall be in the words following, or to the like effect videlicet.

By virtue of an Act passed in the twenty sixth year of the reign of His Majesty Kiug George the third, for paving, repairing, cleansing, lighting and watching the Streets, Lanes, Ways, Passages, and Places within the Town of Tewkesbury, and the Precincts thereof, in the county of Gloucester; for the removal of present, and prevention of future, Encroachments, Nuisances, and Annoyances therein; for regulating Carts and other Carriages, and ascertaining the Rates of Carriage; and for widening some part of the Street called Church Street, within the Town,

We, --------------- of the commissioners, in consideration of the sum of --------- to the treasurer in hand paid, do assign unto A.B. his executors, administrators, and assigns, such proportion of the rates to be made or assessed by virtue of the said Act, as the said sum of ------------------ doth or shall bear to the whole sum due and owing on the credit thereof, to be had or holden from this --- day of ----- until the said sum of -------------with interest at the rate of ------- per centum per annum, shall be paid and satisfied: In witness whereof we have hereunto set our hands and seals, the ------ day of --------- in the year -----..

And copies of all such securities shall be entered in a book or books to be kept for that purpose, by the clerk to the said commissioners, within fourteen days next after such securities shall have been made; and all and every person or persons to whom any such security or securities shall be made as aforesaid, or who shall be entitled to the money thereby secured, may from time to time transfer his, her, or their right, title, interest, or benefit of, in or to the principal money and interest thereby secured, to any person or persons whomsoever by endorsing on the back of sucg security, in the presence of one credible witness the following words, videlicit

I do hereby trnasfer the within written assignment, with all my right and title to the principalmoney hereby secured, and to all the interest now due due upon the same, unto ------------ his [or, hrt]executors, administrators, and assigns: in witness whereof I have hereunto set my hand, this ----- day of ------

Witness C.D.

Which transfer shall be produced and notified to the clerk to the said commissioners, who shall within two days next after such production and notification, cause an entry or memorial to be made thereof, containing the date, names of the parties, and sums of money, in a book or books to be kept for that purpose; for whch the said clerk shall be paid such sum as the said commissioners shall appoint, not exceeding two shillings and six pence, and after such entry made, and not till then, such assignment shall entitle such assignee, his, her, or their executors, administrators and assigns, to the benefit thereof, and payment thereon; and every such assignee may in like manner, from time to time, assign again, and it shall not be in the power of the person or persons making such assignment to make void. release, or discharge the same, or any monies thereby due, or any part thereof; and all money so to be advanced and lent, and the interest thereof, shall be, and are hereby charged upon, and shall be paid and payable from time to time out of, the rates hereby granted, and authorized or directed to be made as aforesaid; and all persons who shall be possessed of the said securities shall be creditors on the said rates, in edqual degree, without preference in respect of the priority of his, her, or their advancing the money thereon.

And let it be further enacted, That al the monies to arise by the rates hereby authorized to be made and collected, and the money that shall be borrowed on the credit thereof, shall be and the same are hereby vested in the said commissioners, and shall be applied and disposed of , in the first place, in paying and disctharging all the costs, charges, and expences incident to and attending the obtaining and passing of this Act, and afterwards for the purpose of widening Church Street, and otherwise putting this Act into execution, according to the true intent and meaning thereof, and to no other use or purpose whatsoever.

And be it further enacted, That if any person or persons shall think himself, herself, or themselves, aggrieved by any rate or rates made in pursuance of this Act, such person or pesons may and shall first apply for relief to the said commissioners in writing, at their first or second meeting next after demand shall be made of such rate or rates, and the said commissioners are hereby authorized and empowered, if they shall see cause to do, to give such relief, or to make such other order in the premises as to them shall seem meet; and in case any person or persons, so applying to the said commissioners, shall not be satisfied with their order or determination, such person or persons rated shall nevertheless be obliged to pay such rate, and then, and not before, may appeal to the quarter sessions of the peace, to be holden in and for the said borough of Tewkesbury, within three calendar months next after such order or determination, such appellant or appellants first giving, or causing to be given, ten days notice at the least, in writing of his, her, or their intention to bring such appeal, and of the matter thereof, to the clerk to the said commissioners, and within three days next after such notice given entering into a recognizance before some justice of the peace for the said borough, with two sufficient sureties, conditioned to try such appeal, and to abide the order of the said justices at such quarter sessions, and to pay such costs as shall be awarded by the justices at such sessions; and the justices at such quarter sessions, upon due proof of such notice having been given, and of the entering into such recognizance, shall hear and determine the causes and matter of such appeal in a summary way, and shall award such costs to the party or parties appealing, or appealed against, as they the said justices shall think fit, and the determination of such quarter sessions shall be final, binding, and conclusive, unto and upon all parties.

Providrd always nevertheless, That in case the bailiffs, burgesses, commonalty of the borough of Tewkesbury, in the county of Gloucester, shall be in any wise interested, in their corporate capacity, in any cause of appeal touching the said rates, the appeal heeby given shall be to the justices of the peace at a general quarter sessions of the peace, to be held for the said county of Gloucester, who are hereby empowered and required to hear and finally determine the cause and matter of such appeal in a summary way, and to award such costs as such justices shall think proper, and their determination shall be final and conclusive, nor shall be removed or removeable by certiorari, or any other writ or process, into any of his Majesty's courts of record at Westminster.

Provided also, That upon all appeals from any of the rates to be made or imposed by authority of this Act, the justices of the peace of and for the said borough of Tewkesbury, or county of Gloucester, as the case may be, where they sahll see just cause for relief, shall and may, and they are hereby empowered, to ammend the same rates, in such manner only as shall be necessary for giving relief to the person or persons appealing, without altering such with respect to other persons or particulars mentioned in the same.

Provided likewise, and be it further enacted, That no person who shall sit and act as a commissioner upon any application for relief against any rate to be made by virtue of this Act, shall be capable of sitting and acting as a justice of the peace in sessions, to judge and determine upon any such appeal touching the matter or question relative to the said rate, which he himself had before determined upon as a commissioner.

And be it further enacted, That if any person or persons shall think himself, herself, or themselves aggrieved by any thing done in pursuance of this Act, for which no particular method of relief hath been hereinbefore appointed, such person or persons shall and may appeal to the justices of the peace, ay any general or quarter sessions to be holden in and for the said borough of Tewkesbury, within the like time, and upon like conditions, and subject to the like rules, as hereinbefore mentioned with respect to appealing against any rate made by virtue of this Act as aforesaid; and the said justices at such sessions or at some adjournment thereof, upon due proof of notice having been given, and of the entering into recognizance, in manner hereinbefore mentioned, shall hear and finally determine the causes and matters of every such appeal in a summary way, and shall award such costs to the parties appealing or appeales against, as the said justices shall think proper, and the determination of the said justices, at such sessions or adjournment, shall be final, binding, and conclusive.

Provided also, and it is hereby further enacted and declared, That nothing herein contained shall extend, or be construed to wextend, to abridge, diminish, take away, limit, or suspend, any rights, benefits, privileges, emoluments, advantages, liberties, or franchises, of the said bailiffs, burgesses and commonalty, of the said borough, as lords or owners of the fairs and markets within the said town and borough, and the precincts thereof, nor of the bailiffs of the said borough for the time being, as clerks of the said markets, nor to abridge, diminish, take away, limit, or suspend, any other the rights, benefits, privileges, emoluments, liberties, franchises, or any former or other jurisdiction or jurisdictions, which the said bailiffs, burgesses and commonalty, were possessed of, or had a right to exercise or enjoy, by charter, prescription, custom, or otherwise howsoever, before the passing of this Act.

And be it further enacted, that if any constable or other peace officer shall refuse, neglect, or omit to do, perform, or execute all or any of the articles, matters, or things in and by this Act directed to be done, performed or executed by them respectively, every such person shall, for every such offence, forfeitr and pat the sum of forty shillings.

and be it further enacted, that all penalties and forfeitures by this Act imposed or incurred, and all costs and charges to be allowed and ordered by the authority of this Act, the manner of levying and recovering whereof is not hereby otherwise particulary directed, shall be levied and recovered by distress and sale of the offender's goods and chattels, by warrant under the hand and seal, or hands and seals, of any one or more justice or justices of the peace acting in and for the said borough of Tewkesbury, or in or for the county, city, town, or place where such offender shall be or reside, or where the goods and chattels of such offender shall be found, as the case shall happen, which warrant such justice or justices is and are hereby impowered and required to issue and grant upon the confession of the party offending, or upon the information of one or more credible witness or witnesses upon oath, or being one of the people calles quakers, upon his or her solemn affirmation (which oath or affirmation such justice or justices is and are hereby impowered and required to administer); and in case sufficient distress shall not be found, or such penalties and forfeitures, sum and sums of money, shall not be forthwith paid, it shall be lawful for such justice or justices, and he and they is and are hereby authorized and required, by warrant under his or their hand and seal, or hands and seals, to cause such offender to be committed to the common gaol or house of correction of the said borough, or of the county, city, town, or place where such offender shall be or reside, as the case shall happen, there to remain, without bail or mainprize, for any time not less than one calendar month, and not exceeding two calendar months, unless such penalties and forfeitures , sum and sums of money, and all reasonable charges, shall be sooner paid and satisfied; and in all actions, prosecutions, informations, causes and proceedings whatsoever, relating to or concerning the execution of this Act, any inhabitant within the said town and precincts shall be admitted to give evidence, notwithstanding his or her being inhabitant, and notwithstanding the rates made and charged as aforesaid upon any such inhabitant by virtue of this Act.

Provided always, and let it be further enacted, That it shall be lawful for the justice or justices of the peace before whom any of the penalties or forfeitures aforesaid by this Act imposed shall be recovered, to mitigate, or lessen any of the penalties or forfeitures aforesaid, as he or they, in his or their discretion, shall think fit, so as the same be not mitigatwed or reduced to less than one moiety or one half part thereof.

And be it further enacted, That it sahll be lawful for the said commissioners from time to time, if they shall see cause, to pay and apply such part of any penalties and forfeitures as they shall think proper, not exceeding one moiety thereof repsectively, to and for the use of the informer or informers of any offence or offences against this Act, any thing herein contained to the contrary notwithstanding; and that the respective penalties and forfeitures when recovered by virtue of this Act rendering the overplus (if any) on demand to the party or parties whose goods and chattels shall have been distrained and sold, and the charges of the distress and sale, and the rewards to the informers (if any) being firtst deducted shall be paid to the treasurer, or such other person as the said commissionewrs shall appoint for that purpose, and shall be applied for and towards the purposes of this Act.

Provided always, and be it further enacted, That no person or persons shall be subject or liable to the payment of any of any of the penalties or forfeitures inflicted by virtue of this Act, for any offence or offences against this Act, unless information shall be given of such offence or offences within six calendar months next after the offence committed.

And be it further enacted, That the justice or justices of the peace before whom any person or pesons shall be convicted of any offence against this Act, shall and may cause the conviction to be drawn up in the following form of words, or in other words to the same effect; videlicet :

Be it remembered that on the ----- day of ------ in the ------ year of the reign of His Majesty -------

A.B. is convicted before -------- of His Majesty's justices of the peace for the [borough of Tewkesbury, dounty, city, &c.as the case shall happen,]by virtue of an Act passed in the twenty sixth year of the reign of his Majesty King George the Third, for paving, repairing, cleansing, lighting and watching the Streets, Lanes, Ways, Passages, and Places, within the Town of Tewkesbury, and the precincts thereof, in the county of Gloucester, and for other purposes in the said Act mentioned; given under my hand and seal [or our hands and seals] the day and year first above written.

And be it further enacted, That where any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers ab initio, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards done by the party or parties distraining; but the person or persons aggrieved by such irregularity may recover full satisfaction for the special damage in an action upon the case; but no plaintiff or plaintiffs shall recover in any action for any such irregularity, trespass or other proceeding, if tender of sufficient amends shall be made by or on behalf of the party or parties who shall have committed or caused to be committed, any such irregularity, trespass or wrongful procceeding, before such action brought; and in case no such tender shall have been made it shall be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he or they shall see fit, whereupon such proceedings, or orders and judgements shall be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court.

And be it further enacted, That no proceedings to be had touching the conviction of any offender or offenders against this Act, or any other made, or other matter or thing to be done or transacted, in or relating to the execution of this Act, shall be made void or quashed for want of form, or be removed by certiorari, or any other writ of process whatsoever, into any of his Majesty's courts of record at Westminster, any law or statute to the contrary notwithstanding.

And be it further enacted, That no action or suit shall be commenced against any person or persons, for any thing done in pursuance of this Act, until twenty one days notice thereof shall be first given in writing to the treasurer or clerk to the said commissioners, signed by the plaintiff or plaintiffs, of the cause and intention of and for commencing such action or suit, nor at any time whatsoever, after sufficient satisfaction, o tender thereof, hath been made to the party or parties aggrieved, nor after six calendar months next after the act committed, for which such action or actions, suit or suits, shall be so brought; and all such actions and suits shall be laid and tried in the county of Gloucester, and not in any other county or place; and that the defendant or defendants in such actions and suits, and every of them, may plead the general issue and give this Act, and the special matter, in evidence at any trial or trials which shall be had thereupon, and that the matter or thing for which such action or actions, suit or suits shall be so nrought, was done in pursuance and by the authority of this Act, and if the said matter or thing shall appear to have been so done, or if it shall appear that such action or suit was brought before twenty one days notice thereof given as aforesaid, or that sufficient satisfaction was made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county or place than as aforesaid, then the jury or juries shall find for the defendant or defendants therein; and if a verdict or verdicts shall be found for such defendant or defendant, or if the plaintiff or plaintiffs in such action or action, suit or suits, shall become nonsuited, or suffer a discontinuance of such action or actions, or if judgement shall be given for the defendant or defendants therein, then, and in either of the cases aforesaid, such defendant or defendants shall have treble costs, and have such remedy for recovering the same, as any defendant or defendants may have for his her, or their costs in any other case at law.

And be it further enacted, That if any action or actions shall be brought, by order of the said commissioners, against any person or persons for any thing relating to this Act, or the powers herein contained, and a verdict shall be had and given against the person or persons against whom such action or actions shall be brought, such person or persons shall pay double costs, and the plaintiff or plaintiffs in such action or actions shall have such remedy and remedies for recovering the same as any plaitiff or plaintiffs may have for his, her, or their costs in any other cases by law.

And be it further enacted, That this Act, and every thing herein contained, shall be deemed, adjudged and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices and other persons whomsoever, without specially pleading the same.

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FINIS.

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