Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of the bad State of the Common Highways leading to and from London and Westminster.
Commissioners to be nominated under the Great Scal; of whom Surveyor of His Majesty's Work's to be one.; Place of Meeting.; Power of Commissioners to make Vaults, Sewers, Drains, &c.; and to remove Encroachments, &c.; Proviso as to Encroachments that have continued above 30 Years.; Proceedings where; Owners of such Encroachments refuse Satisfaction.
For as much as the Common High wayes leading unto and from the Cities of London and Westminster and the Suburbs thereof and other places within the present Weekly Bills of Mortality by reason of the multitude of Houses lately built and through the stopping and filling up the Ditches and Sewers and neglect of timely reparations are at present and for some yeares past have beene so miry and foul as is not only very noisom dangerous and inconvenient to the inhabitants thereabouts but to all the Kings Leige people riding and travelling to and from the said Cities May it therefore please your most Excellent Majestie [that it may be enacted & be it enacted by the Kings-most Excellent Majestie (fn. 2) ] by and with the advice and consent of the Lords Spirituall and Temporal and the Commons in this present Parliament assembled and by the Authority of the same. That for the surveying ordering and managing of the said High wayes Streets Allies and other passages within the said Cities and places aforesaid and all things necessary for the repairing paving or keeping clean thereof there be from hence forward Commissioners to be nominated by His Majesty under the Great Seale of England not exceeding the number of One and Twenty besides such other Commissioners as are by this Act nominated and appointed (whereof the Surveyor of His Majesties [wo (fn. 3) ] for the time being to be alwaies one) that shall have theire place of meeting att the Office of His Majesties workes in Scotland yard or at some one other place as they or the greater number of them at any meeting shall direct from time to time as there shall be occasion which said Commissioners or any five or more of them att theire meeting as aforesaid shall have full power and authority to order and direct the making of any new Vaults or Sewers or to cut into any Dreine or Sewer already made or the altering enlarging amending cleansing or scowring of any old Vaults Sinks or Common Sewers or for the making amending or altering of any new or old pavements or taking away [the (fn. 4) ] cross Gutters or Channells in all or any of the streets and places aforesaid and for the removing of all kind of Nusances or any encroachment by Sheds Stalls Bulks Stoops Posts or Wall beyond the old Foundations into the Streets in such places which shall be adjudged inconvenient and to hinder the passage Provided that such encroachments as are aforementioned which are Nusances that have continued above thirty yeares last past shall not be removed untill reasonable satisfaction shall be given by the said Commissioners to the party or parties that shall suffer thereby And if any person or persons that owne the said encroachments or shall not accept of such reasonable satisfaction as shall be tendred or offered by the said Commissioners appointed for the Streets for the pulling downe or removing such Nusances or encroachments as have beene continued before the time aforesaid That then and in such cases of refusall the Barons of the Exchequer upon a Petic[i]on preferred to them by the party greived shall have power and are required by this Act to adjudge what satisfaction shall be fit for the said person or persons to receive for the removing or pulling downe any such Nusance or encroachment
II.; Power to Commissioners to view Encroachments, &c. Not removing, Penalty.
And to prevent for the future all manner of Timber and other irregular Buildings the said Commissioners or any five or more of them are hereby impowred to take a veiw of all such Nusances or encroachments and irregular Buildings which said veiw shall be a good conviction in Law and every person or persons having notice of the said veiw or conviction and shall not remove or take downe such Nusances or encroachments within one moneth after notice shall forfeit Forty shillings for every moneth the said Nusances or encroachments shall afterwards continue.
III. Recital that it is thought fit to repair certain Streets, &c.
Inhabitants of such Streets and adjoining thereto to pay towards paving, &c.; Rate.
And whereas the co[m]mon High wayes and new built Streets hereafter mentioned are thought fitt immediately to be repaired new paved or otherwise amended namely the street or way from the end of Petty France to St James House and one other street from St. James House up to the High way and one other street in St. James Feilds comonly called the Pall-mall and alsoe one other street begining from the Mews up to Pickadilly and from thence towards the Stone bridge to the furthermost building neere the Bull art the corner of Air streete be it therefore enacted That all and every person and persons owners or inhabitants of all and every the Houses built upon or adjoyning to the said wayes or streets so adjudged and thought fitt to bee paved and repaired shall according to theire severall Interests and Estates and in such proportions as the said Commissioners or any five of them shall thinke fit before the first day of May One thousand six hundred sixty two pay unto the said Commissioners or any five or more of them so met as aforesaid which shall be nominated for the paving of the said wayes or to such person or persons as they shall appoint such sum and su[m]ms of money towards the paving of the said streets or wayes and for the buying of new Stones and Gravell as shall amount to theire severall proportions after the rate of sixteene pence for every square yard which the ground shall contain that lyes in front before every dwelling House Yards or Gardens belonging to the said dwelling House and in the same breadth extending to the midle of the High way or Street which lies before the said Houses Yards or Gardens belonging to the said dwelling Houses respectively.
IV.; Driving and letting to Hire Hackney Coaches and Horses,; (Proviso for Stage Coaches);
without License from certain Commissioners.; Height of Horses used with such Coaches.; Number.; Mark on Coach.; Number of Coaches kept by one Person, &c.; Penalty £5.
And for the better preserving of the said Streets and for defraying of the residue of the charge of the said Pavements be it further enacted That from and after the First day of May One thousand six hundred sixty and two no person or persons shall presume to drive (excepting Stage Coaches) or let to hire by the houre or day or otherwise any Hackney Coach or Coach Horses within the Cities of London and Westminster or Suburbs of the same or within the Parishes comprised within the Bills of Mortality without an especiall leave or licence from such Commissioners as His Majesty shall appoint under the Great Seale for the Licensing and Regulating of Hackney Coaches according to the particular provisions and limitations of this Bill and that no Horse Gelding or Mare to be used with such Coaches shall be under the sise of fourteen hands high according to the Standard and that the number to be licensed shall not exceed Foure hundred And that every Coach so licensed shall have a marke of distinction by figure or otherwise as the Commissioners shall thinke fitt to the end they may be knowne if any complaint shall be made of them And that no person shall be licensed to keepe more then two Coaches which Coaches shall have every of them severall figures or markes of distinction in the same manner as if belonging to severall persons and that no person shall presume to put the same figure or marke of distinction upon his Coach that is appointed for any other Coach under the forfeiture of five pounds for every such offence one moyety whereof shall be to the Informer and the other moyety to bee paid to the Commissioners that shall be appointed for the paving and amending the streets.
V. To what Persons Commissioners may grant Licenses.
Priority to ancient Coachmen and their Widows.
And the said Commissioners for the licensing and regulating of Coaches are to take especial care not to license any person to drive or keepe any Hackney Coach or Coach Horses that useth any other trade or occupac[i]on and in the first place to license all such persons as have beene ancient Coach men or such Coach men as have suffered for theire service and affections to His late Majesty or His Majesty that nowe is or the widdow or widdowes of any of them that have Coaches of theire owne
VI.; Commissioners licensing above the Number, Penalty £100.
And in case, the said Commissioners shall license more then the said number of four hundred Coaches every of the said Commissioners soe licensing shall forfeit the sum of one hundred pounds for every such Coach so licensed above the said number whereof twenty pounds to the Informer and the residue to be for the repairing and paving the wayes and streets to be levied by distresse by warrant under the hands and Seales of five or more of the other Commissioners that shall be appointed for the paving and mending of the streets and High Wayes.
VII. Rates of Hire.
Taking greater Rate; Penalty, 10s.
And be it further enacted by the Authority aforesaid That no Hackney Coachman so licensed shall presume to take for his hire in or about the Cities of London and Westminster above the rate of ten shillings for a day reckoning twelve houres to the day and by the houre not above eighteen pence for the first houre and twelve pence for every houre after and that no Gentleman or other person shall pay from any of the Inns of Court or thereabouts to any part of St. James or City of Westminster (except beyond Tuttle-street above twelve pence and the same prices from the same places to the Inns of Court or places thereabouts and from any of the said Inns of Court or thereabouts to the Royall Exchange twelve pence and if to the Tower of London or to Bishopsgate street or Algate or thereabouts eight[een (fn. 5) ] pence and so from the same places to the said Inns of Court as aforesaid and the like rates from and to any place at the like distance with the places before menc[i]oned And if any Coachman shall refuse to go at or [shall (fn. 5) ] exact more for his hire then the severall Rates hereby limited he shall for every such offence forfeit the summ of ten shillings.
VIII.; Rent to be paid by Coachmen.
Payable Quarterly.; To whom Rent to be paid.; Commissioners for Hackney Coaches to certify to Commissioners for Paving Names and Dwelling of licensed Coachmen, and Figures affixed to their Coaches.; Overplus of Paving Rates how employed.
And be it further Enacted That every Coach so licensed as aforesaid shall pay to the Co[m]missioners that shall be appointed for the regulating and licensing of Hackney Coaches the yearely Rent of five pounds and no more whereof fifty shillings shall be paid at or before the twenty sixth day of May One thousand six hundred sixty and two and the su[m]m of five and twenty shillings att or upon the feast day of St. Michael the Archangell next coming and Twenty five shillings att the Feast of the Nativitie of our Lord Christ and from thenceforward to bee paid quarterly at the foure most usuall Feasts of the yeare by equall porc[i]ons (that is to say) at the Annunciac[i]on of the Blessed Virgin, St. John the Baptist, St. Michael the Archangell and the Nativitie of our Lord Christ which said Su[m]m and su[m]ms of money the said Commissioners for the Hackney Coaches shall from time to time pay or cause to be paid to the Commissioners appointed for the paving and amending of the Streets and High wayes within [the (fn. 6) ] Bill contained or to such Treasurer or Receiver as they shall appoint And the said Commissioners for Hackney Coaches shall likewise from time to time certifie to the Commissioners appointed for the paving of the Streets and High wayes the names and dwellings of all such persons as they shall license to drive or keepe Hackney Coaches togeather with the severall figures or markes of distinction which are appointed to belong and be affixed to the severall Coaches to the intent that discovery may the better be made of any abuses that shall be committed if any shall presume to affix the figure or marke of distinction to any Coach which belong of right to another and whereby the Co[m]missioners for the paving and amending the Streets and High wayes shall be enabled to call the said Comissioners for the Hackney Coaches to a true and due accompt And in any case any overplus shall be of the moneys appointed by this Act to be raised for the paving and mending the Wayes and Streets as aforesaid then such overplus shall be imployed towards the enlargment of such Streets or Places as are to be enlarged by vertue of this Act.
IX. Rates on Loads of Hay and Straw brought to be sold.
To whom to be paid.
And bee it further Enacted by the Authority aforesaid That every load of Hay Which from the first day of May One thousand six hundred sixty and two shall be brought and stand to be sold upon any the wayes hereby in this Act expressed and adjudged fitt to be new paved shall pay six pence for every load and likewise every Cart of Straw to be sold in the said places shall after the said day pay two pence which said su[m]ms shall be paid to the Commissioners which shall be appointed for the paving and amending the High wayes and Streets or such as they shall appoint for and towards the paving of the Streets and High wayes.
X.; Penalties, &c. to be levied by Distress.
To be sold; Overplus returned to Owner.; If no Distress, &c. Imprisonment.
And be it further Enacted by the Authority aforesaid That all Fines Rents forfeitures and penalties as shall growe due and payable to the said Commissioners by this Act shall be levied by distresse upon the goods and Chattells of the Offender or Offenders by warrant under the Hands and Seals of the Commissioners or any five or more of them which shall be appointed by His Majesty which shall bee sold within Fourteen dayes and the overplus returned to the owner and in default of distresse or [non (fn. 7) ] payment the person or persons so offending or neglecting to pay shall lie in prison without Bail or Mainprize till he or they have paid such Rent Fine Forfeiture and Penalty as was due from him or them.
XI. Commissioners for Paving may appoint Treasurer and other Officers;
and may contract for taking away Ashes, &c.; and may call Scavengers to account; and may determine Disputes as to Paving, &c.
And the said Commissioners for the Streets and Wayes or any five or more of them so met as aforesaid are hereby impowred to appoint a Treasurer or Collector and Clerke to attend them or such other Officer or Officers as they shall find necessary for the carrying on of the said Service with such moderate allowances as shall be fitt And in case any person shall propose to carry away the ashes dirt and other Filth for all or any the places aforesaid at lesse rates then the yearely Raker or Undertaker can or will performe the same the said Commissioners shall have power and are hereby authorized to contract with such person and for such term as they shall thinke fitt and they are alsoe to require an accompt from time to time of all Scavingers within the said places and all other person [or (fn. 8) ] persons that shall receive or disburse any moneys for the purposes in this Bill contained as often as they or any five or more of them so met as aforesaid shall thinke fitting and necessary and shall heare and determine all Disputes and Differences concerning the right and duty of paving and keeping clean any of the Streets Lanes or Allies or publique Yards within the places aforesaid
XII. Scavengers, &c. lodging their Ashes, &c. regulated by Commissioners;
and their passing through Places with their Carts; and giving Satisfaction to Owners.; Appeal from the Determination of Commissioners.
Provided alwaies That the respective Scavingers Rakers or ( (fn. 9) ) Undertakers shall have liberty by the approbac[i]on of the said Comissioners or any five or more of them so met as aforesaid to lodge theire Ashes Dust Dirt or other Fifth in such vacant publick places in or neere the Streets or High wayes as shall be thought convenient by the said Commissioners for the accommodating of Countrey Carts returning empty And the said Scavengers Rakers or other Undertakers shall have liberty to passe through such Wharffs Docks or Yards with theire Ashes Dust Dirt &c as shall be judged by the Commissioners to be most commodious for the carrying the same by water they giving satisfaction to the owners or occupiers of such wharffs or Yards and in case of unreasonable Demands the said Commissioners shall heare moderate & determine the same according to equity and good conscience and in case any person or persons shall find him or themselves agreived or p[re]judiced by such determinac[i]on of the said Commissioners [or by any other the Acts or Proceedings of the said Commissioners (fn. 10) ] wherein he or they shall conceive themselves relievable in Justice or Equity the said party so aggreived shall and may have recourse in all cases to the Lord Treasurer Chancellor of the Exchequer and Barons of the Court of Exchequer to set forth his or theire case by Petic[i]on Bill or Plaint And the said Court is hereby impowred in such case of Appeale to heare and determine all matters to them complained of concerning the same and thereupon to revoke make void alter or confirm such Acts or Proceedings of the said Commissioners as shall be agreeable to Equity and Justice
XIII. Court of Exchequer may call Commissioners to account.
And the said Court of Exchequer is hereby alsoe further impowred yearely to call the said Commissioners to an account for all Rents Fines Penalties Contributions or any other su[m]m or su[m]ms of money payable or that shall come to theire or any of theire hands for any [of (fn. 10) ] the purposes in this Act intended
XIV. Commissioners in Trinity Term to account to the Exchequer.
And the said Commissioners are hereby required at or before [the end of (fn. 10) ] every Trinity Terme to deliverin a true account before the Barons of the said Court of all theire Receipts and Disbursements for the yeare ended at Easter then past and in default thereof Processe shall of Course be made forth against the said Commissioners by the Clarke of the Extracts of the said Court at the Sealing day for the said Trinity Terme every yeare respectively
XV. A Decree made in a Session of Sewers at Westminster Hall, dated 8th August 1661, ratified;
And be it further Enacted by the Authority aforesaid That the Decree made at a Session of Sewers at Westminster Hall within the City of Westminster and County of Middlesex the Eighth day of August One thousand six hundred sixty and one holden before John Lord Roberts Lord Privy Seal James Duke of Ormond in the Kingdome of Ireland Lord Steward of His Majesties Household and Earle of Brecknock Mountague Earle of Lindsey Edward Earle of Manchester and others the Commissioners of Sewers then and [theire (fn. 11) ] assembled by Authority of His Majesties Commission of Sewers to them and others directed for the making of two new Sewers and enlarging and amending the old Sewers near Charing Crosse for conveying the water away from annoying His Majesties Pallace at Whitehall be and is hereby ratified and confirmed and shall be put in execution according to the true intent and meaning thereof with full power to levy all the Arreares as by a Commission of Sewers can or may be done And all and every person & persons imployed or that have acted therein be and are hereby indemnified and saved harmless from all manner of Suites and Actions that may or shall be brought against any of them for the same
XVI. Recital that Sea Coal Ashes, &c. are thrown into the Streets.
Inhabitants to sweep the Streets before their respective Houses twice a Week; Penalty 3s. 4d.
And whereas great quantities of Sea-coal-ashes dust dirt and other filth of late times have beene and daily are throwne into the Streets Lanes and Allies of the Cities of London and Westminster and Borough of Southwark and other parts adjacent to the great annoyance of Your Majesties good People Bee it therefore Enacted by the Authority aforesaid That all and every person and persons inhabiting within the said Cities of London and Westminster and the Suburbs and Liberties thereof and the Borough of Southwarke or in any of the said new built Streets Lanes or Allies shall from the first day of May One thousand six hundred sixty and two sweep and cleanse or cause to be swept & cleansed all the Streets Lanes Allyes and publick places before theire respective Houses Buildings and Walls twice every weeke That is to say on every Wednesday and every Saturday in the Weeke and all the soyle dirt and other fifth shall cause to be taken up into Baskets Tubs or other Vessells ready for the Raker Scavenger or other Officer appointed for that purpose to carry away upon pain to forfeit Three shillings and foure pence for every offence or neglect respectively.
XVII. Persons not to throw Ashes, &c. before their Houses;; Penalty 58.
nor before other Houses, or before Churches, &c.; but to keep the same till the Scavengers come; Penalty 20s.
And that no person or persons whatsoever shall throw cast or lay or cause permit or suffer to be throwne cast or laid any Sea-coal ashes dust dirt or other fifth or annoyance in any open Street Lane or Alley within the said Cities or places aforesaid before or against his her or theire owne dwelling Houses Buildings or Walls on the penalty of Five shillings and if before the Houses Buildings or Walls of any of theire Neighbors or other the Inhabitants of the cities or places aforesaid or before or against any Church or Church yard or any of His Majesties Houses Buildings or Walls or any other publick Houses Buildings or places whatsoever or shall cast lay or throwe or cause to be cast laid or throwne into any common or publick sink vault watercourse common sewer or high way within the said Cities or places aforesaid or any other private Vault or Sink of any of his Neighbors or other Inhabitants any Ashes Dust Filth Ordure or other noisome thing whatsoever but shall keepe or cause the same to be kept in theire respective Houses Backsides or Yards untill such time as the Raker Scavenger or other Officer thereto appointed of the Ward Parish Street or place where they dwell do come by or neare theire houses or doores with his Cart Barrow or other thing or things used for cleansing the streets and carrying away thereof and shall carry or cause to be carried the said Ashes Dust or other Filth and Annoyance aforesaid forth of theire Houses and deliver it unto the said Raker Scavenger or Officer or othe rwise put the same in his Cart Barrow or other thing as aforesaid upon pain to forfeit the su[m]m of Twenty shillings for every such offence.
XVIII.; Churchwardens and Officers of Palaces, &c. liable to the like Penalties.
And be it further Enacted That the respective Church-wardens the House keepers of Whitehall and other His Majesties Houses House keepers or Porters of Noblemens Houses Ushers Porters or Keepers of Courts of Justice and all other Publick Houses and Places respectively shall be lyable to and shall suffer the like Penalties Forfeitures and Punishments for every the before mentioned offences or neglects committed done or suffered to be done before any Church or Church yard or before or any of His Majesties Houses Buildings or Walls or before any Noblemens Houses Buildings or Walls or before any other Publick Houses Buildings or places whatsoever respectively.
XIX.; Hooping Barrels, &c. in the Streets;
And be it further Enacted by the Authority aforesaid That from and after the First day of May One thousand six hundred sixty and twoe no person or persons shall hoope wash or cleanse any Pipes Barrells or other Caskes or Vessells in any the Streets Lanes or open Passages aforesaid nor shall set out [any (fn. 12) ] empty Coaches to make or mend or rough Timber or Stones to be sawen or wrought in the Streets on the penalty of Twenty shillings for every offence
XX.; Scavengers, &c. to bring Carts, &c. and to give Notice thereof by a Bell, &c.
and to carry away Filth, &c.; Penalty 40s.
And be it further Enacted by the Authority aforesaid That the Rakers Scavengers or other Officers thereunto appointed every day in the weeke (except Sundayes and other Holydayes) shall bring or cause to be brought Carts Dung pots or other fitting carriages into all streets and places within theire respective Wards Parishes Charges and Divisions where such Carts or Carriages can pass and att or before theire approach by a Bell Horne Clapper or otherwise shall make distinct and loud noise and give notice to the Inhabitants of theire coming and make the like noise and give the like notice in every Court Alley or place into which the said Carts cannot passe and abide and stay there a convenient time in such sort that all persons concerned may bring forth theire respective Ashes Dust Dirt Filth and Soil to the respective Carts or Carriages so staying as aforesaid all which the said Rakers Scavingers or other Officers aforesaid shall dayly carry or cause to be carried away upon pain to forfeit forty shillings for every offence or neglect respectively.
XXI.; All the Streets, &c. (Exception) to be paved, &c. at the Costs of the Householders.
How such Pavements to be done.; Penalty.
And be it further Enacted by the Authority aforesaid That all the open Streets Lanes and Alleys within the said Cities and Places aforesaid (excepting only the new Paving of such Streets and Places for which any of ( (fn. 13) ) the Inhabitants have contributed and paid theire respective proportions to the Commission[er]s before named according to the Rates aforesaid shall be forthwith sufficiently repaired or paved & from time to time hereafter maintained and kept sufficiently repaired or paved at the costs and charges of the Householders in the same Streets Lanes and Alleys respectively in manner following (that is to say) every of the said Householders to repaire and pave and to keepe repaired and paved the Streets Lanes or Alleys before his House and so far as his Housing Walls or Building extend unto the [Channell (fn. 14) ] or middle of the same Street Lane or Alley upon pain to forfeit Twenty shillings for every Perch or Rod (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
XXII.; Proviso for Custom of paving ancient Streets, &c.
Provided alwaies That such ancient Streets Lanes and Alleys within the said Cities or either of them the Suburbs and Liberties thereof and Borough of Southwark as by custome and usage have beene repaired & paved in 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
XXIII.; Regulations for hanging Candles, &c.
And be it further Enacted by the Authority aforesaid That every householder within the said Cities the Suburbs and Liberties thereof and in all other the places aforesaid whose house adjoyns unto and is next the Street from Michaelmas untill our Lady day yearely shall every hight set or hang out Candles or Lights in Lanthornes or other wise in some part of his house next the street to enlighten the same for Passengers from such time as it shall growe [darke (fn. 15) ] untill Nine of the clocke in the evening upon pain to forfeit the su[m]m of One shilling for every default.
XXIV. Judges, Justices of Peace, &c. upon View or Confession, or Proof by one Witness, may convict of any of the Offences aforesaid.
Penalties how to be disposed of.; Penalties to be levied by Distress; if no Distress or Non-payment of Penalty, (Exception of Peers) Imprisonment.
And for the more speedy Reformation and punishment of all and [every (fn. 16) ] the offences aforesaid Bee it further Enacted by the Authority aforesaid That every one of His Majesties Justices of either Bench and Barons of his Exchequer and every Justice of Peace of the said Cities of London and Westminster and places aforesaid (within theire severall Limitts respectively) shall have power and Authority upon his own knowledge or view confession of the party or proof of one credible witnesse upon Oath before him (which Oath by vertue of this Act such Justice shall have power to administer) to convict any person or persons of any the Offences aforesaid whereby such persons or persons so convict shall incur the penalties and forfeitures aforesaid one Moyety whereof shall be disposed and imployed for and towards the reparation paving and cleansing of the Street or place where the offence shall bee committed and as much or all of the other Moyety as the Justice shall thinke fitt for him or them that shall discover and prosccute the same in case the said conviction be by such discovery and prosecution and if the conviction be by the view or knowledge of such Justices then the said whole penalty to go and be imployed for and towards the repairing paving and cleansing of the said streets or place and shall be leavyed by distresse and sale of the Goods and Chattells of the Offender by warrant under the hand and seale of any such Justice to be directed to the Constable or any other Officer of the same Parish rendring the surplusage to the party and in default of distresse or non payment of the said penalties within six dayes after demand thereof or notice in writing left att the House or dwelling place of the offender by the said Constable or any other Officer the said Offender not being a Peer of this Realm shall bee committed to the Common Goal of the said County or City respectively by the warrant of any such Justice under his hand and seale there to remain without Bail or Mainprize untill payment.
XXV. Scavengers to be elected, and Rates paid, according to ancient Custom.
Receivers accountable.; Officers how to be chosen in Westminster. Times of Election in other Places.; Notice.; What Persons to be appointed.; To be confirmed by Justices.; and then to take Office upon them.; Proceedings in case of Refusal.; Penalty.; Penalties how to be employed; to be levied by Distress.; If no Distress, Improsonment.
And for the better raising and leavying of moneys to defray the charges and pay the wages of the said Scavengers Rakers or other Officers imployed in cleansing of the Streets Lanes Alleys and other places aforesaid and carrying of the said ashes dirt filth and soyle. Be it further Enacted by the Authority aforesaid That within the City of London and Liberties thereof the Scavengers Rakers and such like Officers shall be elected and the Rates Taxes and Assessments for Scavengers Rakers and such like Officers wages for cleansing the Streets shall be rated taxed assessed raised and paid by the Parishoners and Inhabitants of every Parish and p[re]cinct respectively within the said City and Liberties thereof according to the ancient custome and usage of the said City And the Receivers of all such moneys shall be accomptable as formerly And all new Messuages Tenements and Houses within the limits aforesaid shall be likewise rated taxed and assessed and shall pay proportionably with others. And that within the City of Westminster the said Officers shall be chosen and the Rates made and paid according to the ancient Custom of the said City And in all other the Parishes and places aforesaid upon every Tuesday or Wednesday in Easter weeke the Constables Church wardens and Overseers for the poore and Surveyors of the High wayes of every the said Parishes and places respectively or the greater number of them giving notice unto or calling togeather such other Inhabitants of theire respective Parishes as have formerly borne the like Offices therein they or the greater number of them shall make choice of and shall nominate and appointe two or more able persons that are Tradesmen of theire Parish to be Scavengers for the streets lanes and other open Passages of each Ward and Division within the said Parish for the yeare then next following and untill others be chosen and setled in theire places which persons soe chosen and being approved and confirmed under the hands of any two Justices of Peace within theire respective Limits and Jurisdictions shall within seaven dayes after theire Election and Confirmation and notice thereof take that Office and Duty upon them upon pain to forfeit Twenty pounds by every refuser respectively And in case of refusall by any person or persons so chosen and confirmed then other able persons shall be chosen and confirmed in manner aforesaid within seaven dayes after such refusall in the place of him or them which shall soe refuse and the person or persons so chosen and confirmed and having notice thereof shall undergoe the like paine in case of refusall or not taking the said Office and Duty upon him or them within seaven dayes after he or they shall be chosen and confirmed and have notice thereof as aforesaid the said Penalties to be disposed and imployed for or towards the mending and repairing of the Streets and Wayes of the same Parish Ward or Division and to be levied by Distresse and Sale of the Goods and Chattels of the Offender by Warrant under the hand and seale of any Justice of the Peace of any of the places aforesaid to be directed to the Constables or other Officers of the same Parish or any twoe or more of them (rendring the surplusage to the party) and in default of distresse or [non (fn. 17) ] payment within six dayes after demaund thereof or notice left in writing att the house or dwelling place of the offender by the said Constables or Officers the said offender to be committed to the Goale of the said County or City respectively by the warrant of any such Justice under his Hand and Seale there to remaine without Baile or Mainprize until payment.
XXVI. Within 20 Days after Election of Scavengers. Inhabitants to meet on Summons of Churchwardens, &c.and settle Rate
which being confirmed by Justices, to be paid Quarterly.; In case of Refusal, &c. to pay, Distress or Imprisonment. Except Peers.
And be it further enacted by the Authoritie aforesaid That within Twenty dayes after the Election and Confirmation of the said Scavengers as aforesaid the Constables Church Wardens and Overseers for the Poore and of the High wayes of the said Parishes and Places respectively or the greater number of them giving notice unto or calling togeather such Inhabitants of theire respective Parishes as have formerly borne the like office therein They or the greater number of them then present shall make and setle a Tax Rate or Assessment according to a Pound rate to be imposed or set upon the Inhabitants of the said 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 shall be quarterly paid by every respective Inhabitant upon demaund made thereof by the Beadle of the Parish or other Officer appointed to gather and collect the same And in case of refusall or neglect shall by warrant of any two such Justices of the Peace under theire Hands and Seales be levied 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.
XXVII. Action brought against Persons executing Act to be laid in the proper County.
General Issue.; Double Costs.
Provided alwayes and be it enacted by the Authority aforesaid That if any Action or Suit shall be brought or prosecuted by any person or persons against any Judge Commissioner Justice of the Peace Constable or other Officer or Minister aforesaid or against any person or persons imployed by them or any of them or authorized by this Act to do or perform as by this Act is directed for any matter cause or thing by them or any of them done committed or executed by vertue or reason of this Act or any Clause or Article therein contained that then in every such case the Action shall be laid in the proper County where the fact was done and not else where and the Defendant or Defendants may plead the General Issue and give the speciall Matter in Evidence att the Tryall That the same was done in pursuance and by Authoritie of this Act And if upon Examination it shall soe appeare to be done the Jury shall find for the Defendant and in such [case (fn. 18) ] or if the Plaintiffe shall be Non suit or discontinue his Action after the Defendant hath appeared the Defendant shall have and recover his or theire double costs which he or they shall sustaine or be put unto by reason of his or theire wrongfull vexation in defence of the said Action or Suit.
XXVIII. Recital that certain Streets, &c. are too narrow to accommodate Coaches, &c.
Lord Mayor, &c. may receive Subscriptions for Enlargement thereof;; and may treat with Owners of Premises for pulling down, &c.;Where Persons refuse or are unable to treat, Sheriff, &c. may impannel a Jury.; Jury to assess Damage, &c. on Oath.; Verdict of Jury and Judgments of Commissioners binding.
And whereas the severall Streets and Passages hereafter mentioned (that is to say) The Street or Passage at or neere the Stocks in London the Street and Passage from Fleet Conduit to St. Pauls Church in London the Passage through the White Hart Inne from the Strand into Covent Garden The Street and Passage by and neare Exeter house and the Savoy being obstructed by a Rail and the unevennes of the ground thereabouts the Passage and Street of St Martins lane out of the Strand the Passage or Street of Feild lane comonly called Jack an Apes lane going betweene Chancery lane and Lincolns-Inn Feilds the Passage and Gatehouse of Cheape side into St. Pauls Church yard the Passage against St. Dunstans Church in the West (being obstructed by a Wall) the Street and Passage by and neere the West end of the Poultrey in London and the Passage att Temple Barr are soe narrow that they are incommodious to Coaches Carts and Passengers and prejudicial to Commerce and Tradeing Bee it Enacted by the Authority aforesaid That the Lord Maior of the City of London the Recorder and Aldermen for the time being togeather with such other Commissioners as His Majesty shall appoint under the Great Seale of England or any five of them shall have full Power and Authority to receive all Subscriptions and Payments of voluntary contributions of money or other endowments towards the Amendment and Enlargement of the Streets and places before named or soe much of them or any of them as the said Commissioners or any five or more of them shall judge fit an[n]d necessary And are hereby further impowred to treat and agree with the Owners and Occupiers of any such Houses as they shall judge fitt to be removed rebuilt or pulled downe or any part of them and upon payment of such sum or sums of money soe agreed upon are hereby authorized to appoint workemen to pull the said Houses downe or cause the said Owners or Occupiers to rebuild accordingly and this Act shalbe sufficient to indempnifie the said Commissioners and all persons authorized by them against the Heires Executors Administrators or Assignes of any the said Owners or Occupiers as if the same had beene sold by Deed Feoffment bargain and sale or other assurance in the Law and done by Fine and Recovery or any other way whatsoever And if there shall be any persons Bodies Corporate or Collegiate that shall wilfully refuse to treat and agree as aforesaid or through any disability by Non age Coverture or a speciall Entaile or other Impediment cannot That in such Cases the said Commission[er]s are hereby authorized by vertue of this Act to issue out Warrant or Warrants to the Sherrifs of London whoe are hereby required accordingly to impannell and return a Jury before the said Commissioners or any five of them which Jury upon theire Oathes to be administred by the said Commissioners are to enquire and assesse such damage and recompence as they shall judge fit to be awarded to the Owners and Occupiers or either of them of any such houses or any part thereof for theire respective Estates and Interest in the same as by the said Commissioners shall be adjudged fitt to be pulled downe for the purposes aforesaid and such Verdict of the Jury & Judgement of the Commissioners thereupon and the legall payment or tender of the su[m]m or su[m]ms of money so awarded and adjudged shall be binding to all intents and purposes against the said parties theire Heires Executors Administrators and Assignes and others claiming any Title or Interest in the said Houses or in the ground [whereupon (fn. 19) ] they stand or thereunto belonging and shall be a full Authority for the said Commissioners or any five of them to cause the same to be executed and the said Houses accordingly to be removed and pulled downe
XXIX. Houses on the other Side.
In case of Refusal or Incapacity of Owners to agree, Jury impannelled in the same manner.; Money or Rent assessed paid into the Chamber of London, and may be recovered at Law.; Monies so raised how employed.; Verdict of Jury and Judgment of Commissioners binding.
And whereas the houses that shall remaine standing on the other side of the said Street or Streets or behind the said Houses that shall be soe pulled downe as aforesaid will receive much advantage in the value of theire Rents by the liberty of Air and free recourse for Trade and other conveniencies by such enlargment It is alsoe enacted by ( (fn. 20) ) Authoritie aforesaid That in case of refusall or incapacity as aforesaid of the Owners or Occupiers of the said Houses to agree and compound with the Commissioners for the same thereupon a Jury shall and may be impannelled in manner and forme aforesaid to judge and assess upon the Owners and Occupiers of such Houses such competent su[m]m or su[m]ms of money or Annual Rent in considerac[i]on of such improvement and melioration as in reason and good conscience they shall judge and thinke fitt which said su[m]m and su[m]ms of money or Rent shall be paid to the Chamberlaine of the City of London for the time being and such other Treasurer or Treasurers as shall be appointed by the said Commissioners or any five or more of them who are hereby enabled from time to time to receive and recover the same by Action at Law and whose Receipt shall be a good Discharge to the said Owners and Tenants and who are hereby appointed to receive and pay and be accomptable for the same according to such directions as shall from time to time be given them by the said Commissioners and the Moneys so raised or Rents so received shall be expended upon the Purchasing or Rebuilding Houses on the other side the Street and upon paving and amending of the Wayes and Streets aforesaid according to the purport of this Act And the said Verdict of the Jury and Judgement of the Commissioners in the cases aforesaid shall be sufficient and conclusive in Lawe to all intents & purposes against the said Owners and Occupiers theire Heires Executors Administrators and Assignes
XXX. Commissioners to take an Oath.
Provided alwaies and be it further enacted by the Authority aforesaid That no person shall be enabled to act as a Commissioner to the intents and purposes aforesaid untill he shall first have taken his corporall Oath before the Lord Chancellor or Lord High Treasurer of England for the time being for the due and impartial execution of the Trusts by this Act co[m]mitted to him.
XXXI. Lord Mayor, &c. of London to be joint Commissioners.
Dean of Westminster, &c. to be joint Commissioners.; Continuance of Act.
Provided also That the Lord Maior Recorder & Aldermen of the City of London for the time being shalbe and are hereby authorized to be Joynt Co[m]mission[er]s & to exercise all the Powers of this Act to all the ends & purposes thereof which are to be ordered done or executed within the said City or the Liberties thereof And likewise That the Deane of Westm[inster] the High Steward & his Deputy Steward & the two High Burgesses of the said City of Westm[inster] for the time being shall be & are hereby authorized to be Joynt Co[m]mission[er]s & to exercise all the Powers of this Act to all the ends & purposes thereof which are to be ordered done or executed within the said City of Westm[inster] or the Liberties thereof Any thing in this Act to the contrary notwithstanding. This Act to continue & be in force untill the end of the First Session of the next p[er]liament