XLIII. And be it further enacted, That the said Trustees may sue and be sued in the Name of their Clerk or Treasurer for the Time being, and not otherwise; and no such Action or Suit shall abate or be discontinued by the Death or Removal of such Clerk or Treasurer, but the Clerk or Treasurer for the Time being to the said Trustees shall always be deemed Plaintiff orDefendant, as the Case may be, but such Clerk or Treasurer shall not be personally answerable for any Damages or Costs which may be recovered against him by reason of his being so made Plaintiff or Defendant, but such Damages and Costs respectively shall be paid by the said Trustees out of the Money to be raised under this Act; and such Clerk or Treasurer shall be a competent Witness in such Action, notwithstanding he may be the nominal Plaintiff or Defendant.
XLIV. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to hire any Room or Building, as they shall think fit, in any convenient Place within the Limits of this Act, to be used as and for an Office or Offices for keeping their Accounts, holding their Meetings, and transacting the Business relating to this Act, or for other the Purposes of this Act, and to accept and take a Lease of such Room or Building to themselves, or any of them, or to any Person or Persons in Trust for them, for any Term or Number of Years, at and under such Rent or Rents as they shall from Time to Time think fit, and to pay such Rent or Rents out of the Money to arise by virtue of this Act.
XLV. And be it further enacted, That no Action or Suit shall be commenced against any Person or Persons for any thing done by such Person or Persons in or about the Execution of this Act, until the Expiration of One Calendar Month next after a Notice in Writing, fully and explicitly stating the Cause or Causes of Action, and the Name or Names, and Place or Places of Abode of the intended Plaintiff or Plaintiffs, and of his or their Attorney or Agent, shall have been delivered to or left at the usual Place of Abode of the intended Defendant or Defendants; and no such Action or Suit shall be commenced after a Tender of sufficient Amends shall have been made, either to the Party aggrieved or (onhis or their Behalf) to the Attorney or Agent named in such Notice, nor after the Expiration of Six Calendar Months next after the Fact committed, and the Venue in every such Action or Suit shall be laid in the County where the Cause of Action shall have arisen and not elsewhere; and the Defendant or Defendants may at his or their Election plead specially or the General Issue, and at the Trial thereof give this Act and the special Matter in Evidence; and if the Matter or Thing complained of shall appear to have been done under the Authority of this Act, or if any such Action or Suit shall be brought contrary to the foregoing Restrictions and Limitations, or any of them, then the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her, or their Action, after the Defendant or Defendants shall have appeared, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, then the Defendant or Defendants shall have Treble Costs, and have such Remedy for the Recovery thereof as any Defendant may have for the Recovery of Costs in any Case by Law.
XLVI. And be it further enacted, That no Person who shall be an Occupier of any House, Building, or Tenement within the Jurisdiction of this Act, and shall be charged in respect thereof towards any of the Rates to be made by virtue of this Act, shall be liable or charged in respect of the same Premises to or with any general Rate or Rates for paving, lighting, or watching the Town or Parish ofKensingtonor any Part thereof, or to or with any Rate for or towards paving, lighting, or watching any particular Street, Road, or Place; any Law or Usage to the contrary notwithstanding.
XLVII. Provided always, and be it further enacted. That nothing herein contained shall extend to authorizethe said Trustees to expend any Money which shall be raised under the Authority of this Act in or about the first laying out, forming, paving, or gravelling any of the Footways or Carriageways on the East, West, or North Sides ofBrompton Square, or in or about the first enclosing, forming, or planting any Part of the Area of the said Square.
XLVIII. Provided always and be it further enacted, That nothing in this Act contained shall extend or be deemed or construed to extend to prejudice, diminish, alter, or take away any of the Rights, Powers, or Authorities vested in the Commissioners of Sewers for the City and Liberty ofWestminsterand Part of the County ofMiddlesex; but all the Rights, Powers, and Authorities vested in them shall be as good, valid, and effectual as if this Act had not been made.
XLIX. Provided also, and be it further enacted, That nothing in this Act contained shall operate or be construed to take away any Right, Power, Interest, Privilege, Advantage, or Authority, which is by Law now vested in the Governor and Company ofChelseaWater Works, or in the Company of Proprietors of the WestMiddlesexWater Works, or in the Grand Junction Water Works Company respectively; but that all and every the said Rights, Powers, Interests, Privileges, Advantages, and Authorities respectively, may be exercised and enjoyed in as full and ample a Manner to all Intents and Purposes as the same were exercised and enjoyed immediately before the passing of this Act.
L. And be it further enacted, That all Costs and Expences of and incident to the obtaining and passing this Act shall be paid out of the first Monies which shall be raised by virtue of this Act.
LI. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others, without being specially pleaded.
LONDON: Printed byGeorge EyreandAndrew Strahan,Printers to the King’s most Excellent Majesty. 1825.