Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 18 & 19 C. II. c. 8. &18. (19 C. II. c. 3. 20.)
The Persons authorized by the said Act may impose a Tax upon Houses for making Vaults, &c.; and may levy by Distress.; The said Clause made perpetual.; No other Commissioners or Persons to intermeddle.
Whereas by a late Act of this present Parlyament entituled An Act for rebuilding the Citty of London, It is enacted (amongst other things) that the numbers and places for all Common Sewers, Draines and Vaults, and the order and manner of paveing and pitching the Streets and Lanes within the said Citty and Libertyes thereof shall be designed and sett out by such and soe many persons as the said Maior Aldermen and Commonalty in Common Councell assembled shall from time to time authorize and appoint under their Common Seale or the more part of them, Which said persons soe authorized and appointed or any seaven or more of them together with the said Surveyours or some or one of them within his or their Precincts repectively shall at their Meeting have power and authority to order and direct the makeing of any new Vaults Draines and Sewers, or to cutt into any Draine or Sewer already made, and for the altering enlargeing amending cleansing and scowring of any old Vaults, Sinks or Common Sewers. For the better effecting whereof it shall and may be lawfull to and for the said persons soe authorized and appointed as aforesaid or any seaven or more of them [at theire said Meeting (fn. 2) ] to impose any reasonable Taxe upon all Houses [with (fn. 1) ] in the said Citty and Liberties thereof in proportion to the benefit they shall receive thereby, for and towards the new makeing, cutting, altering enlargeing [amending (fn. 1) ] cleanseing and scowring all and singular the said Vaults Draines Sewers Pavements and Pitching aforesaid. And in defaulte of payment of the said Summes soe to be charged it shall and may be lawfull to and for the said persons soe authorized as aforesaid or any seaven or more of them by Order and Warrant under their Hands and Seales to leavy the said Summe and Summes of Money soe assessed, by Distresse and Sale of the Goods of the party chargeable therewith, and refuseing or neglecting to pay the same, rendering the Overplus (if any be) and that all other Commis?ers whatsoever be altogether suspended to intermedle in the Premisses within the said Citty and Libertyes thereof for the space of seaven yeares next, and for soe long, after untill the said intended Buildings shall be fully finished. Any Law or Statute to the contrary in any wise notwithstanding. Bee it enacted and declared by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authoritie of the same That the said Clause or Branch of the said Act herein before recited shall remaine and continue in force, and be made perpetuall, and the powers and authorities thereby given and appointed to be executed by such persons as shall in that behalfe be authorized and appointed by the said Maior Aldermen and Commons in Common Councell assembled according to the tenoure thereof [under theire Coo[m]on Seale (fn. 1) ] or any seaven or more of them shall and may from time to time for ever hereafter be putt in execution according to the purport and effect of the aforesaid Act; and that noe other Coo[m]is?ers or any other persons whatsoever shall at any time hereafter intermedle in the Premisses within the said Citty or Liberties thereof. Any Law or Statute to, the contrary notwithstanding.
II. The sole Power of Paving, &c. to be in the Mayor, Commonalty, and Citizens.
And to the end that for the future all Irregularities in Paveing and Pitching of the Streets, Lanes, and Passages within the said City and Liberties thereof and the frequent defaults of cleansing the same may be prevented and remedied Be it further enacted by the authority aforesaid That from henceforth the sole power and authority of ordering designeing and regulating aswell the cleansing and keepeing cleane all the Streets Lanes and Passages whatsoever within the said Citty and Liberties, and the pitching and paveing with the order and manner thereof, and for makeing and cleansing Dranies and Sewers shall be and remaine in the Maior Commonalty and Citizens of the said Citty to be managed, executed; and done by such persons as by the said Maior Aldermen and Commons in Common Councell assembled shall be thereunto authorized and appointed or by any seaven or more of them (being all Members of the said Court) and noe other persons whatsoever, and in such sort and manner as from time to time shall by them be found most convenient for the publique benefit of the Inhabitants of the said Citty in generall.
III. Paviors, Scavengers, &c. required to observe their Directions.
And all Paviers Scavengers, Carters Labourers and Lightermen and all other persons that have beene heretofore or [that (fn. 3) ] may hereafter be imployed in any of the workes belonging to the Draines or Sewers, pitching, paveing or cleansing of the Streets, Lanes or Passages within the said Citty or Liberties thereof are hereby enjoyed and required duely and constantly to obey, observe and execute all such Orders Rules and Directions as shall be from time to time appointed or prescribed by the persons in that behalfe to be authorized or any seaven. or more of them.
IV. Offending against this Act;
And that the partyes therein offending contrary to this present Act shall and may be proceeded against, and thereof convicted by Indictment at the next Sessions of the Peace to be held for the said Citty and Libertyes. thereof, according to his or their severall Offences, unlesse they shall submitt to the Judgement and Censure of the persons soe to be authorized and appointed as aforesaid or any seaven or more of them, and shall satisfye and pay such mulct or penalty as by them shall be sett and imposed for such Offence into the Chamber of the Citty of London, to be imployed for and towards the Workes in this Act mentioned. Any Law, Statute, Usage or Custome to the contrary notwithstanding.
V. Persons authorized by 18 & 19 C. II. c. 8. (19 C. II. c. 3.) may impose a reasonable Tax on Wards and Precincts, and direct Precepts to Deputies, &c. to assess and levy the same.
And bee it further enacted by the authority aforesaid That for the better enableing the said Maior, Commonalty and Citizens to effect and performe all and singular the Workes in and by this [present (fn. 3) ] Act mentioned and appointed to be done, and for the defraying the Charge thereof it shall and may be lawfull to and for the said persons soe to be authorized and appointed as aforesaid, or any seaven or more of them at their publique meetings from time to time as oft as neede shall be, or require, to impose any reasonable Taxe or Assesment upon the severall Wards and Precincts thereof within the said Citty and Libertyes, and to direct Precepts or Warrants under their Hands and Seales or of any seaven or more of them unto the respective Deputies and Common councell men of the said severall Wards thereby requireing them to rate and assesse the said Taxes and Assessments in manner hereafter following, And alsoe to direct like Precepts or Warrants to such and soe many of the Scavengers within the respective Wards as they shall thinke fitt thereby requireing them to collect and leavy the moneys soe assessed. upon receipt whereof the said Deputyes and Common councell men thereunto appointed are hereby required to make an Assesment and Distribution of the proportion charged upon their respective Wards and Precincts thereof as aforesaid, aswell upon the Tennants and Occupiers of Houses, Shopps or other Tenements or Hereditaments, as upon the Owners or others interessed of or in such Houses, Tofts of Ground unbuilt, and other Hereditaments whereof there shall be noe present Occupier.
VI. In what Case Churchwardens to pay for a Church, or Churchyard.
And where any Church or Church yard shall be fronting or adjoyning to any of the said Streets Lanes or Passages to rate and assesse a reasonable proportion thereof upon the Parish thereunto belonging, the same to be paid by the Church Wardens of every such Parish for the time being, who are hereby required to pay the same accordingly in the behalfe of the said Parish; Of which Assesments the said Deputyes and Common councell men shall returne Duplicates in writeing together with the Names of the Scavengers to be appointed for the collection thereof within twenty dayes next after the receipt of such Precept or Warrant respectively; and in case of their negclect or default in rateing or assessing the same, or in returning such Duplicates of their Assesments within the time limitted as aforesaid, it shall and may be lawfull to and for the said persons soe to be authorized and appointed or any seaven or more of them to rate and assesse the respective Taxes and Assessments within the severall Wards and Precincts where such defaults shall be, upon the respective Inhabitants and others in manner as aforesaid, all which Summe and Summes of money soe to be rated and assessed in pursuance of this Act shall from time to time be collected and leavyed by the Scavengers to be appointed for the collecting thereof as aforesaid, who are hereby authorized and required to collect and leavy the same accordingly; And in default of payment of the Summes to be charged and assessed as aforesaid or any part thereof by the space of six dayes after demand thereof, it shall and may be lawfull to and for the said Scavengers to be appointed for the collecting and leavying thereof as aforesaid, and they are hereby authorized and required thereunto to leavy all such Summe and Summes of money soe assessed by Distresse and Sale of the Goods of the parties refuseing or neglecting to pay the same, rendering the Overplus, if any shall be, besides the reasonable Charge of takeing such Distresse to the party and partyes soe distrained.
VII. The Tax to be paid into the Chamber of London, and no Money issued without Warrant.
All which summe and summes of money from time to time hereafter to be collected and leavyed by vertue of this present Act shall be paid into the Chamber of the Citty of London by the said Scavengers who shall collect the same respectively, where Bookes of Accompts shall be kepte of the Receipt thereof by the Chamberlaine of the said Citty of London for the time being, And noe moneys shall be issued thereout otherwise then by Order or Warrant under the Hands of the said persons soe to be appointed and authorized as aforesaid or any seaven or more of them for the uses and purposes in and by this Act mentioned and appointed.
VIII. In case of defect of Paving; Proceedings.
And it is hereby further enacted That where any Citizen or Inhabitant within the said Citty or Libertyes thereof shall finde himselfe agreived through the defect or decay of the Pavements in any of the said Streets, Lanes or Passages within the said Citty or Liberties thereof or for want of due cleansing thereof, the same being made appeare to the persons soe to be authorized and appointed by the said Maior, Aldermen and Commons as aforesaid or any seaven or more of them at their publique Meeting, And upon due proofe made that such grievance is unreformed, that then and in such case the person and persons complaining shall forthwith receive the order and directions of the said persons soe authorized and appointed or any seaven or more of them for redressing thereof, together with a Warrant under their Hands and Seales directed to the Chamberlaine of the Citty of London for the time being to issue out moneys for defraying the Charge thereof, together with any Summe of money not exceeding ten shillings for incouragement of his or their Diligence therein, who upon Receipt of such Warrant shall pay the same accordingly.
IX. Laystalls, &c. to be provided for receiving the Dirt, &c.
And bee it enacted by the authorise aforesaid That it shall and may be lawfull to and for the said Maior Aldermen and Commons in Common Councell assembled to appoint, sett out and purchase for the publique Use and Benefitt of the said Citty of London in places convenient and where the same may be least Annoyance such and soe many pieces, or parcells of Ground for Laystalls, and places for publique Stores as they shall adjudge necessary and convenient for the Receipt of the Soyle, Dirt and Rubbish, which shall be removed and carryed out of the said Citty and Libertyes thereof, as for other Materialls and Commodities.
X. Ground for Laystalls, &c. to be purchased with Monies arising from Imposition on Coals, under 18 & 19 C. II. c. 8. §34. (19 C. II. c. 3. §36.) & 22 C. II. C. 11. §38.
And that all such pieces of Ground for Laystalls and places for publique Stores, as by them shall be purchased as aforesaid shall be satisfyed and paid for out of the moneys raised or hereafter to be raised by the Imposition upon Coales appointed for publique Uses of the said Citty by vertue of the said Act for rebuilding the City, and of another Actentituled An Additionall Act for rebuilding of the City of London, Uniteing of Parishes and rebuilding of the Cathedrall and Parochiall Churches within the said City, (other then the money appointed for building of the Cathedrall Church of Saint Pauls, and other Churches within the said City and reserveing sufficient to satisfy such persons whose Grounds have beene taken from them) or either of them. Any Law or Statute to the contrary thereof in any wise notwithstanding.
And in case that any person or persons shall finde him or themselves agreaved by reason of any Taxe Assesment or other Charge to be imposed by vertue or colour of this present Act, that then it shall and may be lawfull to and for the party or parties soe agrieved within five dayes after demand thereof to appeale to the Maior and Court of Aldermen of the said City for the time being for Redresse therein, whose Order in that behalfe shall be finall.
XII. Persons liable to Charge of altering or cleansing any Lanes, Sewers, &c. not to be farther chargeable.
Provided alwayes and it is hereby declared That noe person or persons Bodyes Pollitique or Corporate who by this Act are made lieable to be rated or assessed towards the publique Charge of altering, enlargeing, amending or cleanseing of the said Vaults or Sewers, or of cleansing, pitching or paveing the Streets, Lanes, Alleys and other common Passages within the said City and Liberties thereof, for, or in respect of any Houses Tofts or other Hereditaments shall from and after the first day of May One thousand six hundred seaventy one be otherwise charged therewith, or lyable thereunto, or to be troubled molested or prosecuted for or in respect thereof. Any other Law, Statute Custome or Usage to the contrary notwithstanding.