Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Recital of 14 Car. II. c. 2.
Whereas by an Act of Parliament made in the Thirteenth and Fourteenth Yeares of Charles the Second late King of England intituled An Act for repairing the High-ways and Sewers and paving and keeping clean the Streets in and about the Cities of London and Westminster and for reforming of Annoyances and Disorders in the Streets of and Places adjacent to the said Cities and for the regulating and licencing of Hackney Coaches and for the enlargeing of several streight and inconvenient Streets and Passages Itt was among other things enacted That every Load of Hay which from the First Day of May One thousand six hundred sixty and two should be brought & stand to be sold upon any the Ways in that Act expressed and adjudged fitt to be new paved should pay Six pence for every Load and likewise every Cart of Straw to be sold in the said Places should after the said Day pay Two pence which said Su[m]ms should be paid to the Commissioners which should be appointed for the paving and mending the Highways and Streets or such as they should appoint for and towards the paving of the Streets and Highways And forasmuch as the said Act is now expired the Owners of such Hay Carts and Straw Carts which are dayly brought into and stand in a Street co[m]monly called the Hay-Markett lyeing and being in the Parishes of Saint Martins in the Feilds and Saint James's within the Liberty of Westminster by reason whereof the Repairs of the said Street are growne a great Charge to the Parishioners there inhabiting and cannot by Law be compelled to contribute towards the paving repairing and amending the said Street to the great Grievance of the said Parishioners may it therefore please your most Excellent Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the Advice & Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by Authority of the same That from and after the Five and twentieth Day of March which shall be in the Yeare of our Lord One thousand six hundred ninety seven the Owner of every Cart-load or Parcell of Hay which shall be brought into and stand to be sold in the said Street co[m]monly called the Hay-Markett shall pay to such Person or Persons as shall be appointed by the Justices of the Peace of the County of Middlesex and City and Liberty of Westminster the Su[m]m of Three pence and likewise that the Owner of every Cart-load or Parcell of Straw which shall be brought into and stand to be sold in the said Street shall after the said Day pay the Su[m]m of One penny in ease of the Parishioners of the said Parishes to such Person or Persons who shall be appointed from time to time for and towards the repairing paving and amending the said Street called the Hay-Markett.
II. Owners of Hay or Straw not to pay again for what is not sold.
And be it further enacted by the Authority aforesaid That the Owner or Owners of any such Cart-load or Parcell of Hay or Straw having paid the respective Su[m]ms aforesaid and the same being then not sold but remaining to be brought to be sold the next Markett Day such Cart-load or Parcell of Hay or Straw shall not pay again the like Su[m]m as above the next Markett-Day for standing there to be sold.
III. Owners refusing to pay;
And be it further enacted by the Authority aforesaid That in case any Owner or Owners of such Cart-load or Parcell of Hay or Straw shall after the said Five and twentieth Day of March refuse to pay the Su[m]m of Three pence for every such Cart-load or Parcell of Hay and the said Su[m]m of One penny for every such Cart-load or Parcell of Straw brought into and standing in the said Street called the Haymarkett as aforesaid it shall and may be lawfull after Demand thereof made by such Person or Persons as shall be thereunto lawfully authorized to levy the same upon the Goods & Chattels of the Offender or Offenders by Warrant of Distresse which any Justice of the Peace of the County of Middlesex or the said City and Liberty of Westminster is hereby authorized to grant under his Hand and Seale on Oath to be made before him by the Party who demanded the same that the same is refused to be paid and that it is not paid which said Goods and Chattells shall and may be sold within Three Days after the Distresse made and the Overplus to be returned to the Owner the Charge of the Distresse being onely deducted.
IV. Extent of the Hay Market.
And for preventing all Disputes concerning the extent of the said Street be it further enacted by the Authority aforesaid That it shall be construed to extend in Length from the old Toll Post att the upper end of the Hay Markett over against a House lately called Coventry House to the Phenix Inn att the lower end of the said HayMarkett and the House over against it and in Breadth from the Channel running by the Houses on the East side to the Channel running by the Houses on the West side att which Places Posts or Stones shall be sett upp by the Directions of the said Justices of Peace which shall be esteemed to be the Bounds and Extent of the said Markett.
V. Recital of 2 W. & M. Sess. 2. c. 8.
§ 15.; and that Informations had been filed against Persons offending for want of due Notice, &c. to the great Discouragement of the Market.; A Bell to be rung. Twice every Market Day; On Default of ringing the Bell, the next Market to be Toll-free
And whereas by an Act made in the Second Yeare of his present Majesty and the late Queen Mary intituled An Act for paving and cleansing the Streets in the Cities of London and Westminster and Suburbs and Liberties thereof and Out Parishes in the County [of (fn. 2)] Middlesex and in the Borough of Southwark and other Places within the weekly Bills of Mortality in the County of Surrey and for regulating the Marketts therein mentioned Itt was amongst other Things enacted That from and after the Fifteenth Day of December One thousand six hundred & ninety no Person or Persons whatsoever should permitt or suffer his or their Waggon Cart or Carr to stand or be in the Place called the Hay Markett neare Picadilly in the Parishes of St. Martins in the Feilds and Saint James within the Liberties of Westm[m] loaden with Hay or Straw to sell the same from Michaelmas to Lady Day after Two of the Clock in the Afternoon and from Lady-Day to Michaelmas after Three of the Clock in the Afternoon on paine to forfeit for every Offence and Neglect Five Shillings respectively And whereas diverse Persons using the said Place called the Hay-Markett neare Picadilly aforesaid have had severall Informations against them for offending against the said Statute and paid the Penalties thereof which hath been chiefly occasioned by the want of convenient Notice before the times limitted by the said Act did determine and several Informations on the said Act have been given long after the supposed Offences co[m]mitted whereby the several Persons using the said Hay Markett by the length of time have not been able to disprove such Informations which hath been a great Mischief and Discouragement to the Persons using the said Hay Markett For prevention of which Mischiefs and Inconveniences for the time to come be it enacted by the Authority aforesaid That the said Person or p[er]sons so to be from time to time appointed to collect the said Toll do twice on every Markett Day to witt on Tuesday Thursday and Saturday in every Week ring or cause to be rung a large Hand Bell round the said Place called the Hay-Markett before any Forfeiture of Five Shillings for the said Offence shall be incurred whereof the first time to be an Hour before and the last time att the Expiration of the said respective Hours in and by the said recited Act appointed for all Persons using the said Markett as aforesaid to leave the same on every Default or Defaults of ringing such Bell twice as aforesaid no Person or Persons whatsoever using the said Hay-Markett for the said Purposes the next im[m]ediate usual Markett-Day or Days after every such Default or Defaults shall be liable to pay any Toll for any Waggon Cart or Carr-standing or that shall stand in the said Hay-Markett to sell Hay or Straw and the said Markett is hereby in that case and on such Day or Days as aforesaid declared to be Toll-free.
VI. Forfeitures to be demanded the same Day as Offence committed; and Complaint to be made to a Justice of Quorum; Party to have Notice the next Time he comes, or else not liable.
And be it further enacted by the Authority aforesaid That all and every Forfeiture or Forfeitures for any Offence or Offences att any time or times hereafter to be incurred for staying or continuing longer in the said Markett called the Hay-Markett then is in and by the said recited Act appointed shall be demanded in the said Markett place by the Person ringing the said Bell the same Day on which such Offence or Offences shall or may happen to be co[m]mitted and Complaint shall be made of every such Offence to some one Justice of the Quorum within the said County or City and Liberty of of Westminster before the next immediate succeeding Markett Day of which Complaint Notice shall be given to the Party offending the next time hee comes to the said Markett or else no Person or Persons using the said Hay-Markett shall be liable to or chargeable with any Forfeiture or Forfeitures for staying longer in the said Markett for the Purposes aforesaid than in and by the said recited Act is limitted and appointed the said recited Act or any thing therein ( (fn. 3) ) contained to the contrary thereof in any wise notwithstanding.
VII. Collector to give a yearly Account of all Monies collected, and how disposed of.
And to the end a true Account may be given of the Toll to be gathered and received by virtue of this Act be it enacted by the Authority aforesaid That the Person and Persons that shall collect and dispose of the Money by virtue of this Act ariseing by the said Toll shall yearely every Easter Sessions give the Justices of the Peace of the said County and City (who are hereby impowered to require the same) a particular Account upon Oath (which the said Justices are hereby impowered to administer) of all Monies collected by virtue of this Act and how the same is or shall be from time to time disposed of and in case on the foot of any such yearly Account any Money shall remaine undisposed of according to the true intent of this Act such Remainder shall be disposed of for the Benefitt of the said County of Middlesex in such manner as the said Justices att such Sessions shall think fitt.