William and Mary, 1690
All Act for Paveing and Cleansing the Streets in the Cityes of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Midlesex and in the Burrough of Southwarke and other places within the Weekly Bills of Mortality in the County of Surrey and for Regulating the Markets therein mentioned. [Chapter VIII. Rot. Parl. pt. 3. nu. 7.]

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History of Parliament Trust

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John Raithby (editor)

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1819

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231-236

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'William and Mary, 1690: All Act for Paveing and Cleansing the Streets in the Cityes of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Midlesex and in the Burrough of Southwarke and other places within the Weekly Bills of Mortality in the County of Surrey and for Regulating the Markets therein mentioned. [Chapter VIII. Rot. Parl. pt. 3. nu. 7.]', Statutes of the Realm: volume 6: 1685-94 (1819), pp. 231-236. URL: http://www.british-history.ac.uk/report.aspx?compid=46347 Date accessed: 22 October 2014.


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Recital that 13 & 14 Car. II. c. 2. is expired.

Reasons for passing this Act.; Inhabitants in Middlesex, Borough of Southwark, &c. shall sweep the Streets twice a Week.; Penalty 3s. 4d. Casting Ashes, &c. into the Street; Penalty 5s.; But shall keep the Ashes, &c. until the Scavenger arrives; Penalty 20s.

Whereas an Act was made at a Parlyament held at Westminster in the thirteenth and fourteenth years of the Raigne of his late Majesty King Charles the Second for the repairing the Highwayes and Sewers and for paveing and keeping cleane the Streets in and about the Cities of London and Westminster wherein (amongst other things) many necessary and wholsome provisions were made for the cleansing and paveing the said Streets and other Parishes and Places comprized within the Weekly Bills of Mortality which said Act being since expired many persons in the Out-Parishes in Midlesex and other Parishes in the Limitts aforesaid which have beene chosen to serve the Office of Scavenger refuse to take the Execution of the said Office upon them and others who have beene rated and assessed towards the cleansing and carrying away the Dirt and Soile out of the Streets have refused to pay the Rates assessed upon them there being noe Law in force to compell them thereunto soe that noe person can be imployed to be Raker to carry the Dirt out of the said Streets for want of some provision for payment for doeing that Service and the poorer sort of People dayly throw into the said Streets all the Dirt Filth and Coale-Ashes made in their Houses By reason whereof the said Streets are become extreamly dirty and filthy soe that their Majestyes Subjects cannot conveniently passe through the same about their lawfull Occasions and many other Inconveniences dayly arise for want of the like provisions in other Cases relateing to the Street Pavements and Common Wayes May it therefore please your most excellent Majestyes That it may be enacted And bee it enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authority of the same That from and after the fifteenth day of December one thousand six hundred and ninety all and every person and persons inhabiting in the said Parishes in Midlesex and Westminster and the Liberties thereof and in the Burrough of Southwarke or in any of the said Streets Lanes or Alleys comprised within the Weekly Bills of Mortality and the Towne of Kensington [shall twice in every Weeke (fn. 1) ] (that is to say on every Wednesday and Saturday at the least sweepe and cleanse or cause to be swept and cleansed all the Streets Lanes Alleys and publique places before their respective Houses Buildings and Walls and the Buildings and Walls of Churches and other publicke places to the end the Dirt and Soile in the said Streets may be ready for the Scavenger Baker or other Officer appointed for that purpose to carry away upon paine to forfeit three shillings and foure pence for every Offence or Neglect respectively And that noe person or persons whatsoever shall throw cast or lay or cause permitt or suffer to be thrown cast or laid any Sea-Coal Ashes Dust Dirt Rubbish Dung or other Filth or Annoyance in any open Streete Lane or Alley within the said City or places aforesaid before his her or their owne Dwellinghouses Stables Buildings or Walls or the Buildings and Walls of Churches Church Yards and other publique places on the Penalty of five shillings And noe person or persons shall lay any Ashes Dirt or Soile before the Houses Buildings or Walls of any person or persons Inhabitants of the City Parishes or Pallaces aforesaid or before or against any Church Church Yard Wall or any of their Majestyes Buildings Pallaces or Places whatsoever Or shall cast lay or throw or cause to be cast laid or throwne into any Common or Publique Sincke Vault Watercourse or Co[m]mon Sewer or Highway within any of the Parishes or Places aforesaid or any other private Vault or Sinck of any of the Inhabitants aforesaid any Ashes Dirt Filth Ordure or any other noysome thing whatsoever but shall keepe or cause the same to be kept in their respective Houses Yards or Backsides or the Yards or Backsides of Churches and other Publicke Buildings untill such time as the Raker Scavenger or other Officer thereto appointed of the said Ward Parish Streete or Place where they dwell or such Churches or Buildings as doe come by or neere their Houses Doores or Places with his Cart Barrow or other thing or things used for the cleansing the Streets and carrying away thereof and then shall carry or cause to be carried the said Ashes Dirt Dung or other such Filth or Annoyance aforesaid out of their Houses Yards and Backsides and deliver it unto the Raker Scavenger or other Officer or otherwise to putt the same into his Cart Barrow or other thing as aforesaid upon paine to forfeit the Summe of twenty shillings for every such Offence

II. Churchwardens, &c. liable to the Penalties for such Offences before

Churches and other Public Buildings.

And bee it further enacted by the authority aforesaid That the respective Churchwardens and the Housekeepers and other Keepers of Whitehall Somersett House Saint James House and Saint James's Parke and the Guard-houses and Stables neare it and other their Majestyes Houses and the Ushers Porters or Keepers of Courts of Justice and and all other Publique or other Houses [or (fn. 2) ] Places respectively shall be lyable to and suffer the like Penalties Forfeitures and Punishments for every the before-mentioned Offences or Neglects done committed or suffered to be done before any Church or Church Yard or before any of their Majestyes Houses Buildings or Walls or before any Houses Buildings or Walls or before any Publicke Buildings Houses or Places whatsoever

III. Hooping Barrels, &c. placing rough Timber, &c. to be sawn;

Penalty 20s.

And bee it further enacted by the authoritie aforesaid That from and after the said fifteenth day of December noe person or persons shall hoope wash or cleanse any Pipes Barrells or other Casks or Vessells in any [of (fn. 3) ] the Streets Lanes or open Passages aforesaid nor shall sett out any Dung Soile Rubbish or empty Coaches to make or mend or rough Timber or Stones to be sawne or wrought in the Streets on the Penalty of twenty shillings for every Offence.

IV. Scavengers to carry away all Dirt, &c.;

to have a Bell, &c.; Penalty 40s.

And bee it further enacted by the authoritie aforesaid That the Rakers Scavengers or other Officers therunto appointed every day in the Weeke except Sundayes and other Holy dayes shall bring or cause to brought Carts Dung-Potts and other fitting Carriages into all their respective Parishes Limitts Precincts Streets Charges and Divisions where such Carts and Carriages can passe and at or before their approach by a Bell Horne or Clapper or otherwise shall make distinct and loud Noise and give notice to the Inhabitants thereof of their comeing and make the like Noise and give the like Notice in every Court Alley or Place unto which the said Carts cannot passe and abide and stay there a convenient time in such sort that all persons concerned may bring forth their respective Dust Dirt Ashes Filth and Soyle to the respective Carts and Carriages soe staying as aforesaid all which the said Rakers Scavengers or other Officers aforesaid shall dayly carry or cause to be carryed away upon paine to forfeite forty shillings for every such Offence or Neglect respectively

V. Paved Streets, &c. to be kept in Repair;

Mode in which same to be done.

And bee it further enacted by the authoritie aforesaid That all open Streets Lanes and Alleys which now are paved within any of the Parishes or places aforesaid shall be from time to time repaired amended and paved at the Costs and Charges of the Householders Inhabitants in any such Streets and Lanes respectively and where any Houses shall be empty and unoccupied in any such Streets and Lanes then to be paved and repaired at the Charge of the Owners or Proprietors thereof in manner following (that is to say) Every of the said Housholders Owners or Proprietors of Houses to repaire pave and keepe repaired amended and paved the Streets Lanes or Alleys before his House Stables or Outhouses soe farr as his Houseing Walls or Buildings extend unto the Denter Stone Channell or midle of the same Streete Lane or Alley upon paine to forfeit twenty shillings for every Perch or Rodd and after that Rate for a greater or lesser quantity for every default and of twenty shillings a Weeke for every Weeke after untill the same shall be sufficiently paved and amended

VI. Justice of Peace may order new Streets, &c. to be paved.

Certificate to Quarter Sessions.; Inhabitants, &c. thereupon to pave in front, &c.; Penalty 40s. per Perch per Week.; Ancient Streets paved as formerly.

And whereas there are in the Parishes aforesaid many new Streets and Wayes made which are fitt and convenient to be paved with Stones but for want of good Order therein are almost unpassable to Passengers Bee it enacted by the authoritie aforesaid. That it shall and may be lawfull for any one or more Justice or Justices of the Peace of the Place or Division where any new Streets or Wayes are or shall be made from time to time to view and inspect the same and if upon such View they shall judge them fitt to be paved or otherwise amended to certifie the same under their Hands to the Justices of the Peace at the next respective Generall Quarter Sessions of the Peace for the Place where such Streets or Wayes are or shall be made who are hereby respectively thereupon authorized and required to take such Order for the paveing or otherwise amending the same as they shall thinke fitt And all and every person and persons Owners and Inhabitants of all and every the Houses new built or hereafter to be built or adjoyning to any new Streets or Wayes adjudged to be paved or amended shall and are hereby required according to their severall and respective Interests therein by Order of such Justices at their Session and by a time in such Order limitted pave with Stone or Gravell or otherwise amend all the Ground that doth or shall lye in Front before every Dwellinghouse or other Buildings in such Streets and Wayes extended to the midle of the Way that doth or shall lye before the same And every person offending herein or that shall not from time to time repaire and amend his or her proportion of the Pavements in such Streets and Ways where they shall be paved shall forfeit forty shillings for every such Offence or Default for every Perch and after that Rate for a greater or lesser quantity and the like Sum[m]e for every Weeke till the same be paved or amended and repaired and when paved or amended the like Summe as those that shall not pave and repaire open Streets Lanes and Allyes now paved by vertue of this Act Provided alwayes That such antient Streets Lanes and Alleys within the said places or any of them as by Custome and Usage have beene repaired and paved by any other Order or in any other Manner shall be hereafter repaired paved and maintained in such sort and manner and by such person and persons as have heretofore used to repaire pave and maintaine the same under the Penalties aforesaid any thing in this Act contained to the contrary thereof in any wise notwithstanding.

VII. Charges of cleansing, &c.

Streets, how raised.; Election of Scavengers.; Persons elected, and confirmed by Justices of Peace, refusing to serve; Penalty £10.; Other Persons chosen and refusing, the like Penalty.; Penalties paid to Surveyor of Highways.; How levied.; Distress.; Imprisonment.

And for the better raising and levying of Monyes to defray the Charges and pay the Wages of the said Scavengers Rakers and other Officers imployed in cleansing of the Streets and other Places aforesaid and carrying away the said Ashes Dirt Filth and Soile Bee it further enacted by the Authoritie aforesaid That within the Parishes of Saint Anne and Saint James within the Liberty of Westminster the Scavengers Rakers and such like Officers shall be chosen as by the said respective Acts is directed and appointed And the Rates Taxes and Assessments for Scavengers Rakers and such like Officers Wages for cleansing the Streets shall be rated taxed and assessed raised and paid by the Parishioners and Inhabitants of those respective Parishes according to the Custome and Usage of the said City where it is not otherwise in the said Acts provided and enacted And the Receivers of all such Moneys shall be accountable in such manner as they now are by the said Acts or otherwise by the Law in case there is noe Provision for the same thereby appointed And all new Messuages Tenements and Houses now or at any time hereafter built and erected within the Limitts and Parishes aforesaid shall be likewise rated taxed and assessed and shall pay proportionable with others And in all other [Parishes and Places (fn. 4) ] aforesaid upon every Munday or Tuesday in Easter Weeke the Constables Churchwardens and Overseers of the Poore and Surveyours of the Highwayes of every of the said Parishes and Places respectively or the greater number of them giveing Notice unto or calling together such other ancient Inhabitants of their respective Parishes as according to the Custome of the said Parishes or Places are usually present at the Election of Parish Officers they or the greater number of them present shall make choice of and shall nominate and appoint two or more able persons that are Tradesmen of their Parish to be Scavengers for the Streets Lanes and Alleys and other open Passages of each Ward and Division within their said Parish for the yeare then next ensueing and untill others be chosen and setled in their Places which persons soe chosen and being approved and confirmed under the Hand of any two Justices of the Peace within their respective Limitts and Jurisdictions shall within seven dayes after their Election and Confirmation and Notice thereof take that Office and Duty upon them upon paine to forfeit ten pounds for every Refuser respectively and in case of refusall by any person or persons soe chosen and confirmed then other able persons shall be chosen and confirmed in manner aforesaid within seven dayes after such Refusall in the place of him or them which shall soe refuse And the person or persons soe chosen and confirmed and haveing Notice thereof shall undergoe the like paine of ten pounds in case of Refusall or not takeing upon him or them the said Office or Duty within seven dayes after he or they shall be chosen and confirmed and have Notice thereof as aforesaid The said Penalties to be paid to the Surveyors of the Highwayes of the place and disposed of and imployed by them for and towards the mending and repairing of the Highwayes and Streets of the same Parish Ward or Division and to be levyed by Distresse and Sale of the Goods and Chattells of the Offenders by Warrant under the Hand and Scale of any one Justice of Peace of any of the Places aforesaid to be directed to the Constables or other Officers of the same Parish or any two or more of them rendering the Overplus to the Partie (reasonable Charges for the Distresse onely to be deducted) And in default of Distresse or Nonpayment within six dayes after Demand thereof or Notice left in Writeing at the House or Dwelling place of the Offender by the said Constables or Officers respectively the said Offender to be committed to the Common Gaole of the said County City or Place respectively by the Warrant of any such Justice under his Hand and Seale there to remaine without Baile or Mainprize untill Payment be thereof made as aforesaid And soe in like manner for every person or persons neglecting or refuseing the same

VIII. Inhabitants may make a Pound Rate.

Nonpayment.; Distress.; Imprisonment.; Proviso for Peers.

And bee it further enacted by the authority aforesaid That within twenty dayes after the Election and Confirmation of the said Scavingers as aforesaid the Constables Churchwardens and Overseers of the Poore and Surveyours of the Highwayes of the Parishes and Places aforesaid respectively or the greater number of them giveing Notice unto or calling together such Inhabitants of their respective Parishes as aforesaid they or the greater number of them then present shall make and settle a Taxe Rate or Assessment according to a Pound Rate to be imposed or sett upon the Inhabitants of every respective Parish Ward or Division for the yeare following for the purposes aforesaid which being allowed and confirmed by any two of the Justices of the Peace of the Places aforesaid respectively which they are hereby authorized and required as farr as the same shall be equall and reasonable to allow shall be quarterly paid by every respective Inhabitant upon Demand made thereof by the Scavengers or Officers appointed to gather and collect the same And in case of a Refusall or Neglect shall by Warrant under the Hands and Seals of any two Justices of the Peace of the Division Parish or Place be levyed by Distresse and Sale of the Offenders Goods and for want of Distresse by Imprisonment of the Offender (he not being a Peere of this Realme) untill Payment as aforesaid.

IX. Scavengers must account for Monies paid,

and pay the Overplus to succeeding Scavengers. Refusing to account, Imprisonment.

Provided alwayes and bee it enacted That such Sums of Money as shall be yearly assessed and collected in the said Parishes for cleansing the Streets shall be yearly accounted for by the Scavenger for the time being which collected the same to two or more of the next Justices of the Peace for the Place resideing in or neere to the respective Places for which such Scavengers were appointed within eight and twenty dayes aftet the Election of new Scavengers for the ensueing yeare And such Summe or Summes as shall be remaining in their Hands shall be by them paid over to the next succeeding Scavengers elected for such Parish And any two such Justices of the Peace as aforesaid shall and may by vertue hereof committ to Prison every one of the said Scavengers which shall refuse to account there to remaine without Baile or Mainprize untill he [hath (fn. 5) ] made a true Account and satisfied and paid soe much as upon the said Account shall be remaining in his Hands

X. Where the Scavenger must lay his Dirt, &c.

Appeal from Rate, &c. to Quarter Sessions.; Order therein final.

Provided alwayes That the respective Scavengers and Rakers for any of the Parishes aforesaid shall have Liberty by the Approbation and Order of the Justices at their Petty Sessions or any two or more of them to lodge their Dirt Dust Ashes or other Filth in such vacant and publique places in or neare the Streets or Highwayes as shall be thought convenient by the said Justices for the Accommodation of the Country Carts returning empty from the said Parishes they giveing Satisfaction to the Owners and Occupiers of such vacant places and in case of unreasonable demands such Justices in their Petty Sessions shall heare moderate and determine the same according to Equity and good Conscience And in case any person shall finde him her or themselves aggrieved with any Rate Tax or Assessment made by vertue of this Act or any wayes prejudiced by any determination of the said Justices in their Petty Sessions he or they soe grieved or prejudiced shall and may have recourse in all such Cases to the Justices of the Peace assembled at the Generall Quarter Sessions of the Peace to be held for the Place wherein the Matter of Grievance doth arise to sett forth his her or their Case by Petition or otherwise And the said Justices in such their Quarter Sessions are hereby impowred to heare and determine all Matters to them complained of concerning the same respectively and their Determination and Order therein shall be finall without any Appeale to any other Court whatsoever

XI. Assessment how made for the Highways.

To be levied by Distress.; Amount of Assessment in any one Year.

And whereas there are many Common Highwayes within the said Parishes which cannot be sufficiently amended repaired and supported by meanes of the Lawes now in force without the helpe of this present Act Bee it enacted That for the better amending and repairing the same one or more Assessment or Assessments upon all and every the Inhabitants Owners and Occupiers of Lands Houses Tenements and Hereditaments or any Personall Estate usually ratable to the Poore within any of the said Parishes shall be from time to time made levyed collected and allowed by such person and persons as the said Justices at such their Generall Quarter Sessions shall direct and appoint in that behalfe and the Money thereby raised shall be employed and accounted for according to the Order and Direction of the said Justices for and towards the amending repairing and supporting such Highwayes from time to time as need shall require And the said Assessment shall be levyed by Distresse and Sale of the Goods of every person soe assessed (not paying the same within fourteene dayes after demand) rendring the Overplus of the Value of the Goods soe distrained to the Owner and Owners thereof the necessary Charges of makeing and selling such Distresse being first deducted Provided alwayes That noe such Assessment or Assessments to be made in any one yeare shall exceede the Rate of foure pence in the pound of the yearly value of any Lands Houses Tenements and Hereditaments soe assessed nor the Rate of eight pence for every twenty pounds in Personall Estate.

XII. New Sewers subject to the Commission of Sewers.

23 H. 8. c. 5.

And whereas many new Sewers Sincks and Vaults have beene made in the Parishes within the City and Liberty of Westminster and other the Parishes aforesaid by the Commissioners appointed by the said recited Act which since the Expiration thereof are much neglected and noisome to the Inhabitants because of some doubt whether such new Sewers are within the Jurisdiction of the Laws of Sewers Bee it therefore enacted by the authoritie aforesaid That all new Sewers at any time since the twelfth yeare of the Raigne of the said late King Charles the Second made in any of the said Parishes shall be henceforth subject to the Commission of Sewers and to the Laws and Statuts made for Sewers as fully to all intents and purposes as if such Sewers Sincks and Vaults had beene expressly mentioned in the said [Statute (fn. 6) ] of Sewers to be under the Survey of the said Commissioners And the Commissioners of Sewers for the time being within the Limitts of their respective Commissions shall have power and authority by vertue of this Act to alter amend cleanse and scowre any such new Sewers Sincks and Vaults and to order and direct the makeing of any other new Vaults and Sewers and to cutt into any Draine or Sewer already made and to alter or take away any Nusances in the same and to alter or take away any Crosse Gutter or Channells in all or any of the Streets and Lanes in the Parishes aforesaid

XIII. Householders to set up Lights

from Dark till Twelve at Night.; Penalty. Unless Lamps used.

And bee it further enacted by the authority aforesaid That every Householder within any of the Parishes Places or Precincts in the Countyes of Midlesex and Surrey and City and Libertie of Westminster comprized within the Weekly Bills of Mortality whose House adjoyns unto or is neare the Streete from Michaelmas unto our Ladyday yearly shall every [night (fn. 7) ] sett or hang out Candles or Lights in Lanthorns on the outside of the House next the Streete to enlighten the same for the convenienly of Passengers from time to time as it shall grow darke untill twelve of the Clocke in the Night upon paine to forfeit the Summe of two shillings for every default [(excepting such person or persons as shall agree to make use of Lamps of any sort to be placed at such distances in the Street as shall be approved of by two or more Justices of the Peace) (fn. 8) ]

XIV. The Weight of a Truss of Hay.

Penalty, 1s. 6d. per Truss.

And whereas great Abuses and Deceits are committed by Carters and others who bring and sett Hay within the Cityes of London and Westminster and the Haymarkets and places comprised within the Weekly Bills of Mortality the Loads and Trusses of such Hay being of lesse Weight then they ought and are pretended and declared to be betweene the Buyer and Seller thereof For remedy herein Bee it further enacted by the authority aforesaid That every Trusse of old Hay brought or offered to be sold hereafter in any place within the Cities of London and Westminster and all other places comprised within the Weekly Bills of Mortality betweene the last day of August and first day of June shall containe and be the full Weight of six and fifty pounds at least and that every Trusse of Hay brought or offered to be sold within the Cityes or Places aforesaid betweene the first day of June and the last day of August in any yeare being new Hay of that Summers Growth shall be and containe the full Weight of sixty pounds and being old Hay of any former yeares Growth the Weight of six and fifty pounds as aforesaid And if any Hay after the said fifteenth day of December shall be brought or offered to be sold within the Cityes or places aforesaid whereof any Trusse shall be of lesse Weight then aforesaid the person or persons aforesaid soe bringing or offering such Hay to be sold shall forfeit for every such Trusse of Hay not being the full Weight aforesaid the Summe of eighteene pence

XV. At what Hours, &c. loaden Hay Carts to stand in the Haymarket, &c.

And bee it further enacted by the authority aforesaid That from and after the said fifteenth day of December noe person or persons whatsoever shall permitt or suffer his or their Waggon Cart or Carr to stand or be in the place now called the Hay Market neere Pickadilly in the Parish of Saint Martin in the Fields and Saint James within the Liberty of Westminster or Burrough of Southwarke or any other place in the Parishes within the Weekly Bills of Mortality loaden with Hay or Straw to sell the same from Michaelmas to Ladyday after two of the Clocke in the Afternoone and from Lady-day to Michaelmas after three of the Clocke in the Afternoone on paine to forfeit for every Offence and Neglect five shillings respectively

XVI. Offenders how to be convicted.

One Witness.; Penalties how disposed; when Conviction on Prosecution; when on View of Justice.; Penalty how to be levied.; Default of Distress, Imprisonment.; Proviso for Peers.

And for the more speedy Reformation and Punishment of all and every the Offences aforesaid Bee it further enacted by the authoritie aforesaid That every Justice of the Peace within the Counties of Midlesex and Surrey and City and Liberties of Westminster and places aforesaid within their severall Limitts respectively shall have Power and Authority upon his owne Knowledge or View Confession of the Partie or Proofe of one credible Witnesse upon Oath before him (which Oath the said Justice is hereby impowered to administer) to convict any person or persons of any the Offences aforesaid whereby such person or persons soe convict shall incurr the Pains Penalties and Forfeitures aforesaid one moyety whereof shall bee disposed and employed for and towards the Reliefe of the Poore of the Parish or Place where the Offence shall be com[m]itted or done to be paid to the Overseers of the Poore of the same for that use and the other Moyety thereof for him or them that shall discover and prosecute the same in case the said Conviction be by Discovery and Prosecution And if the Conviction shall be by [the (fn. 9) ] View or Knowledge of any one or more Justice or Justices of the Peace then one halfe of the Penalty shall be disposed of to the Reliefe of the Poore as aforesaid and the other Moyety if for a default of Payment to goe to and be imployed for and towards the repaireing paveing and cleanseing [of (fn. 10) ] the said Streets or places to be paid to the Scavengers of the place and by them imployed for that use or otherwise to the Reliefe of the Poore as aforesaid And all the said Penalties shall be levyed by Distresse and Sale of the Goods and Chattells of the Offender by Warrant under the Hand and Seale of any Justice of the Peace of the place to be directed to the Constables and Headburroughs of the same Parish where the Offence was done rendering the Surplusage to the partie And in default of Distresse or not payment of the said Penalties within six dayes after demand thereof where it is not hereby otherwise provided or Notice in Writeing left at the House or Dwelling place of the Offender by the said Constable or Headburrough (the said Offender not being a Peere of this Realme) shall be committed to the Common Goale of the said Countyes or City respectively by the Warrant of any such Justice under his Hand and Seale there to remaine without Baile or Mainprize untill Payment

XVII. Wheels of Carts, Drays, &c. how to be made.

Penalty 40s. Proviso for Country Carts.

And whereas the Wheeles of many Carts Carrs and Brewers Drays now commonly used for the Carriage of Goods Beere Ale and other things from place to place within the Cities of London and Westminster and Parishes aforesaid where the Streets are paved are made thinner or narrower in the Felleys then formerly and many are shod with Iron Tyres by means whereof the Pavements in the Streets of the said Cities and places are dayly impaired and broaken up and made dirty and rough For prevention whereof for the time to come Bee it therefore enacted by the authoritie aforesaid That from and after the [said (fn. 10) ] fifteenth day of December the Wheels of every Cart Carr or Dray to be used for the Carriage of any thing whatsoever from any place within the said Cities and places to any place scituate in the said Cities and places where the Streets are paved shall be made to containe the full breadth of six Inches in the Felley and shall not be wrought about with any Iron Worke whatsoever nor be drawne with above the number of two Horses after they are up the Hills from the Waterside And the Owners and Proprietors of any Cart Carr or Dray to be used as aforesaid the Wheels whereof shall not be made six Inches in the breadth or shall be shod with Iron or be drawne with above two Horses as aforesaid shall forfeit the Summe of forty shillings for every time such Cart Carr or Dray shall be used as aforesaid for the Uses and to be levyed as aforesaid Provided neverthelesse That this shall not extend to any Country Cart or Waggon that shall bring any Goods to the Cities or places aforesaid or shall carry any Goods halfe a mile beyond the paved Streets of the said Cities and places

XVIII. Swine kept within London, &c. forfeited.

Churchwardens, &c. on Warrant from Lord Mayor, &c. may search and seize and sell such Swine.; Produce to the Poor.

And for the better keeping and preserving the Streets and Sewers in and about the said Cities of London and Westminster and the Liberties thereof and the Burrough of Southwarke and other the Parishes aforesaid Bee it further enacted That noe person or persons whatsoever from and after the said fifteenth day of December shall breed feede or keepe any sort or manner of Swine within any part of the Houses or Backsides of the paved Streets of the said Cityes Burrough or Parishes where the Houses are contiguous upon paine of forfeiting the same to the Churchwardens and Overseers of the Poore of the Parish where such Swine shall be kept bred or fedd to the use of the Poore thereof And that it shall and may be lawfull for all or any of the Churchwardens Chappellwardens Overseers of the Poore Constables Beadles Headburroughs or Tythingmen of any of the Parishes of the said Cityes and places respectively at all times hereafter in the day-time by Warrant under the Hand and Scale of the said Maior of London or any other of their Majestyes Justices of the Peace of the place respectively to search in all such places in their respective Parishes for the finding all such Swine and all that shall be soe found to seize take drive and carry away and the same to sell for the best price that can be had and the Money thereby produced forthwith to deliver the Churchwardens or Overseers of the Poore of the Parish where such Swine shall be seized to be distributed to the Poore of the same in such manner and proportions as the said Churchwardens and Overseers respectively shall thinke fitt

XIX. Proviso for Custom of London for cleansing, &c.

And for the better cleansing and keeping cleane the Streets Lanes and Passages within thė City of London and Liberties thereof at all times hereafter Bee it enacted by the authority aforesaid That the same shall be ordered and managed and Rates and Impositions laid and levyed and all other Wayes and Means therefore used and observed according to the antient Usage and Custome of the said City

XX. Lord Mayor, &c. may present upon View.

Fine upon the Presentment,; paid to Chamber-lain of London.

And for the better effecting the same and preventing the throwing out or laying any Ashes Soile Dust or Rubbish or other Nusance or Obstruction in any the Streets Lanes or Passages of the said City or Liberties thereof It is further enacted That it shall and may be lawfull to and for the Lord Mayor of the said City for the time being and to and for any Alderman of the said City for the time being upon his owne proper knowledge or View in the open Generall Sessions to make Presentment for any such Offence committed done or suffered within the said City or Liberties thereof which Presentment shall be good and effectuall And the Lord Mayor and Justices of the same City shall immediately at the same Generall Sessions have Authority to assesse Fines for such Offences not exceeding twenty shillings for any one Offence Which Fines soe to be assessed as aforesaid shall be levyed and paid unto the Chamberlaine of the City of London for the time being for the use of the same City to be employed in the publicke Payments of the same City any Law or Statute to the contrary notwithstanding

XXI.

22, 23 Car. II. c. 17.; Vexatious Prosecutions prevented.; General Issue.; Treble Costs.

And whereas there are many good Provisions made and ordained for the cleansing the Sewers and well paveing the Streets in London by one Act made in the two and twentyeth and three and twentyeth years of King Charles the Second Entituled An Act for the better Paveing and Cleansing the Streets and Sewers in and about the City of London which have beene much obstructed by occasion of many frivolous and vexatious Actions commenced and prosecuted by evill disposed persons against Officers and others imployed in the Execution of the said Act Wherefore to prevent the like vexatious Prosecutions for the future Bee it further enacted That if any Action Suite Plaint or Information shall at any time after the said fifteenth day of December be commenced or prosecuted against any person or persons for what he or they shall doe in pursuance of or in Execution of the said last recited Act or this Act such person or persons soe sued in any Court whatsoever shall or may plead the Generall Issue and upon any Issue joyned may give the said respective Acts or either of them as the Case may require and the speciall matter in Evidence And if the Plaintiffe or Prosecutor shall become Nonsuite or suffer Discontinuance or if a Verdict passe against him or her the Defendant and Defendants shall recover their treble Costs for which they shall have the like Remedy as in any Case where Costs by the Law are given to Defendants

XXII. Proviso for paving Way to St. John's Street.

[And it is hereby enacted and declared for avoiding any Doubt touching the Highway leading from the East side of Clerkenwell Greene to St. Johns Street That the said Way shall be paved according to the Direction of this Act. (fn. 10) ]

Footnotes

1 interlined on the Roll.
2 and O.
3 O. omits.
4 Places & Parishes 0.
5 have 0.
6 Statutes O.
7 interlined on the Roll.
8 annexed to the Original Act in a separate Schedule.
9 interlined on the Roll.
10 annexed to the Original Act in a separate Schedule.