Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reasons for passing this Act, arising from the Trade of Bristol, &c.
Recital of Stat. 34 & 35 Hen.VIII. c.9. and that the same is insufficient. Further Reasons for passing this Act, arising from Obstructions by Glasshouses, &c. and from the Situation of Bristol, and the Obstructions arising in consequence thereof, from throwing Ballast, Ashes, &c. into the Rivers; and from the Losses sustained by the Obstinacy and Carelessness of Pilots and others; Throwing Dust, &c. into the Rivers of Froome, Avon, and Severn, as herein mentioned, deemed a common Nuisance.
Whereas the City of Bristoll is a Place of great Trade and Commerce depending chiefely on the Navigation of the Rivers Avon and Severne for the Importation of Corne and all sorts of Provisions for the Citizens and Inhabitants there and from whence by Water many Counties of England and Wales are supplyed with Goods and Merchandizes and great Quantities of the Product and Manufactures of this Kingdome are exported into Forreigne Parts and Forreigne Goods and Merchandizes are there imported to the great Advantage of the Trade of this Kingdome and the Advancement of Navigation and the Kings Revenue which Navigation cannot be carried on unlesse the Rivers Avon and Froome running through the said City into the River Severne and the Harbours and Creeks thereof and alsoe the Port of King-Road or Avon-Road into which the said Rivers empt themselves be kept free and cleare from all Obstructions and Impediments And whereas the Statute made in the Thirty fourth and Thirty fifth Yeares of the Reigne of King Henry the Eighth intituled An Act for the better Preservation of the River Severne (which by the Purport thereof was designed to preserve the Navigation to and from the said City) is insufficient to answer the good Ends therein proposed and designed particularly because it has not provided against severall Nusances and Obstructions daily committed by digging of Stones and makeing of Quarries in divers Rocks hanging over and adjoyning to the said River Avon aswell above the said City as below the same from whence great Quantities of Stones and Rubbish doe arise and wilfully or negligently are throwne or permitted and suffered to fall into the said River Avon and being carried downe by Tides and Freshes make Shelves and Hills under Water in the Bottom and on the Sides or Banks of the said River to the Hazard Hindrance and Obstruction of the Navigation of Shipps and Vessells trading to the said City And whereas severall Glasse-houses Smelting-places for Lead and Copper and other Houses Edifices and Buildings have been lately erected and built upon the Banks of or very neare the said River Avon aswell within the Liberties of the said City as in the Counties of Gloucester and Somersett below the said City towards the Sea and alsoe above the said City to a certaine Place called Hannams-Mills which Glasse-houses Smelting-places for Lead and Copper and other Houses Edifices and Buildings doe from their Fuell Materialls and otherwise produce great Quantities of Ashes Cinders and other Filth and Rubbish which for the Ease and saveing of Expence to the Occupiers of those Houses and Places are very often throwne into the River or soe carelessly or negligently laid and placed on the Banks thereof that Rains Floods and Spring-Tides wash it into the said River to the great Prejudice and Annoyance thereof and the said River Avon being the Bounds and Division of the Counties of Somersett and Gloucester and often shifting and changing its Channell from one Side to the other soe that it cannot well be proved in which of the said Counties such Annoyances and Obstructions in the said River are made or done by reason whereof the said Annoyances and Obstructions are continued and the Offenders escape unpunished And whereas alsoe the Scituation of the said City of Bristoll it selfe being for the most Part upon Eminencies and small Hills which have a Declivity and Fall to the said River Avon and the River Froome running by the Key through great part of the said City great Quantities of Ashes Dirt Filth and other Rubbish (occasioned and made by the great number of Citizens and Inhabitants within the said City) being for the most part throwne into the Streets and Lanes of the said City are thence washed into the said Rivers which cannot be prevented for want of sufficient Powers and Authority to hinder or prevent the throwing of such Ashes and Filth into the said Streets and Lanes and to appoint Scavengers and other necessary Officers for the cleansing of them and proper Places to receive such Ashes Dirt Filth and Rubbish and for raiseing and levying of Money to defray the necessary Charges and Expences thereof by reason whereof the said Rivers are greatly obstructed and if not prevented may in time be choaked up and the Navigation thereof will be absolutely destroyed And whereas alsoe severall great Losses have been lately sustained and much Damage done and suffered by the Obstinacy Wilfulnesse and Carelessnesse of Pilotts and Masters of Shipps Barkes and other Vessells passing up and downe the said Rivers by their comeing to Anchor at inconvenient Places and undue times of Tide and other Irregularities to the Hazard often of Sinking not only their owne Shipps and Vessells but likewise the Shipps and Vessells that are lying and abiding in the said Rivers Creeks and Havens to the great Losse and Prejudice of divers Merchants and Traders and thereby hazarding a Stoppage of the said Rivers To the Intent therefore that such Nusances Obstructions Impediments and Inconveniencies which at this time are in any Part or Place within the said River Avon from Hannams-Mills to the Port of King-Road or Avon-Road where the said River empts it selfe into the Severne or in any Part or Place of the said River Froome within the Jurisdiction of the said City may be removed abated and remedied And that the same Rivers: within the said Boundaries and Limitts aforesaid may for ever hereafter be kept and maintained free from any Nusances Obstructions and Impediments of any sort or kind whatsoever and may be made and preserved easie and safe for Navigation And to the end that all Mischeifes Damages and Inconveniencies by the Wilfulnesse Obstinacy Ignorance or Irregularity of Pilotts Masters of Shipps Barkes and other Vessells may be prevented And that the Ashes Dirt Rubbish and Filth of the said City may be soe disposed of for the future that no Annoyance may come to the said Rivers thereby Be it enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That the throwing of any Ballast Cinders Ashes Dust Dirt Stones Rubbish or any other Filth into any Part of the said River Avon from Hannams-Mills aforesaid downwards to the River Severne or the said Rivers Froome and Severne within the Road or Harbour of King-Road or Avon-Road or into any of the Creeks or Havens of the said Rivers Avon or Froome within the Boundaries and Limitts before mentioned or the placeing or putting of any Ballast Cinders Ashes Dust Dirt Rubbish or any other Filth in or upon any of the Wharffes Backs or Keyes within the said City or Suburbs thereof or in or upon any of the Banks of the said Rivers within the Limitts aforesaid which may be washed into the said Rivers except for the Maintenance of such publick and lawfull Shipps as are now in being on the said River or hereafter shall be made or continued by the Allowance and Consent of the Mayor and the Common Councill of the said City for the time being shall be deemed and adjudged and is hereby declared to be a common Nusance
Mayor and Justices of Bristol in Quarter Sessions, to appoint fit Places for laying Ashes, &c; Not carrying to such Places, Penalty 20s.
And to the Intent and Purpose that proper and convenient Places for laying and putting the Ashes Dust Dirt Filth and Rubbish made and ariseing within the County of the said City may for ever hereafter be soe directed and appointed that no washing of Floods Rains or Spring-Tides may annoy or be the Occasion or cause of any Damage Obstruction or Prejudice to the said Rivers It is hereby further enacted by the Authority aforesaid That the Mayor and Justices of the said City for the Time being shall at their Generall Quarter Sessions as often as need shall require direct and appoint such fit and convenient Places whereon to lay the said Ashes Dust Dirt Rubbish or other Filth from whence no Damage or Prejudice may happen to the said Rivers the Charge of which Place and Places soe to be appointed is from time to time to be paid out of the Moneys collected by the publick Assessments and Rates which by virtue of this Act shall be made and collected for cleansing the Streets of the said City and Suburbs thereof to which Places soe to be appointed and no other all Scavengers Rakers and other Persons imployed for that purpose are hereby required to carry and bring all the said Ashes Dust Dirt Rubbish and other Filth under the Penalty of Twenty Shillings for every such Offence.
III. Housekeepers, Churchwardens, &c. twice a Week to cleanse the Streets, &c.
Scavenger, &c. to carry away Ashes, &c; Penalty 3s. 4d; Throwing Ashes otherwise than in Places so appointed, or not keeping the same until Scavenger, &c. come; Penalty 5s.
And it is hereby further enacted That all and every Housekeeper and Housekeepers inhabiting and resideing within the said City and the Churchwarden and Churchwardens of the respective Churches and all Keepers of Halls and other publick Places shall Twice in every Weeke (that is to say) on every Wednesday and Satturday at the least sweepe and cleanse or cause to be swept and cleansed all the Streets Lanes and Alleys before their respective Houses Buildings and Walls and the Buildings and Walls of Churches and other publick Places to the end the Dirt and Soyle in the said Streets may be ready to be carried away by the Scavenger Raker or other Officer appointed for that Purpose upon paine to forfeite Three Shillings and Four Pence for every Offence and Neglect And that no Person or Persons whatsoever shall throw cast or lay or cause permitt or suffer to be throwne cast or laid any 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 Dwelling-houses Stables Buildings or Walls or the Buildings or Walls of Churches Church-yards or other Public Places within the said City or on the Wharffs Backs Keyes or Banks of the said River or any other of the open Places Streets or Lanes there except in or upon such publick Places as shall be appointed for that Purpose in manner herein before directed or shall cast lay or throw or cause to be cast laine or throwne into any common or publick Sinke Vault Watercourse Common-Sewer or Highway within any of the Parishes Precincts or Places aforesaid any Ashes Dirt Filth Ordure or any other Noisome 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 publick Buildings untill such Time as the Raker or other Officer thereto appointed shall come by or neare their Houses Doors or Places with his Cart or Carriage 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 as aforesaid out of their Houses Yards and Backsides and deliver it to the Raker Scavenger or other Officer to putt the same into his Cart or Carriage as aforesaid upon paine to forfeite the Summ of Five Shillings for every such Offence.
IV. Housekeepers and Churchwardens, &c. in Places adjoining the City, on Notice, to pave Streets before Houses or Churches.
And be it further enacted That every Occupier or Owner of any House or Houses or Lands Churchwardens and Keepers of Halls or publick Places next adjoyning to any Street or Lane within the said City shall alsoe from time to time within Tenn Daies after Notice given by the Surveyors of [the (fn. 1) ] Streets and Highwaies herein after mentioned well and sufficiently pitch or pave or cause to be pitched or paved the Street before his or their Houses Habitations and Lands Churches Church-yards Halls and publick Places respectively unto the Middle of the Streete under the Penalty of Tenn Shillings for each Perch not soe pitched paved or amended and soe in Proportion for any greater or lesser Quantity or Space of Ground and the like Summ of Tenn Shillings for every Month untill the same shall be pitched paved or amended
Tenants may deduct the Expence out of Rent; Proviso for Agreements.
And whereas by the Custome of the said City the Landlords of all such Houses or Lands as are next adjoyning to any of the publick Streets or Lanes of the said City and lett at a Rack Rent are liable to repaire and amend the pitching before their respective Houses and Lands to the Middle of the Street or Lane Be it therefore further enacted by the Authority aforesaid That it shall and may be lawfull for any such Tenant haveing repaired or amended the pitching in the Street or Lane before his House or Lands in Manner aforesaid to abate and defalke out of his or her Rent the reasonable and necessary Charges thereof which every such Landlord is hereby required to allow Provided alwaies that it shall not extend to make void or alter any Covenant or Agreement betweene any Landlord and Tenant for or concerning the Repaire of the pitching of the said Streets or Lanes
VI. Laying empty Carriages, Timbers, &c. in the Streets, &c. or suffering Wood, &c. landed out of, or to be laden on board Ships, &c., to lie in the Streets, &c.
And further That if any Person or Persons whatsoever shall lay or put or suffer to be laid or put any empty Drayes Carriages Timber Casks full or empty or worke up sawe or bore any Timber in any of the publick Streets or Lanes Wharffs Backs or Keyes within the said City or shall suffer any Wood Faggots Goods or Commodities of any Sort or Kind whatsoever landed out of or to be loaden in any Ship Barke or Vessell to lye and remaine in any of the said publick Streets or Lanes or on any of the Wharfes Backs or Keys of the said City above the Space of Twenty four Houres without the Licence of the Mayor for the time being and One of the Justices of the Peace of the said City shall for every such Offence for every Twenty four Houres till the same be removed forfeite the Summ of Five Shillings
Mayor and Common Council may make Rules for regulating the Markets in Broad Street and Wine Street, and for removing Dirt, &c; Persons not obeying such Regulations; Penalty 10s., or committed.
And whereas the Dirt and Filth of the said City is very much increased upon Satturdaies weekely by reason of Two great Marketts on that Day the one in Broadstreete and the other in Highstreete and Winestreete in the said City and the People resorting to the said Marketts are very disorderly in their Standing and not observing fitt and seasonable Houres and Times in leaving and departing from the said Marketts which occasions great Inconveniencies to the Citizens in many respects and particulerly by their long Stay in the said Marketts soe that the Dirt and Filth ariseing thence cannot be removed timely before Sunday Morning Be it therefore hereby enacted That the Mayor and Common Councill of the said City shall have full Power and Authority from time to time to make good wholsome and reasonable Rules Orders and Constitutions for the regulating ordering and governing the said Two Marketts and all People thereto resorting in all Matters which doe or may concerne or relate to the said Marketts and what Space of Time and how long Persons comeing to the said Marketts shall or may remaine and abide there and for the Removall and carrying away of all Dirt and Filth which shall be made there on the said Markett Daies in such due Time as the said Streets may be conveniently cleansed before Sunday Morning which said Rules Orders and Constitutions soe to be made as aforesaid all Persons comeing and resorting to the said Marketts are hereby required to observe and keepe And all and every such Person and Persons who shall wilfully and obstinately refuse to obey observe and keepe such Rules Orders and Constitutions shall pay and forfeite the Summ of Tenn Shillings for every such Offence and in case of Refusall to pay the same such Person or Persons shall or may be committed untill he or she find good Sureties to appeare at the next Quarter Sessions of the Peace to be held for the said City and County to answer the said Contempt and Offence
Mayor, Burgesses, and Commonalty constituted Conservators of the River Avon, as herein mentioned; Persons indicted for Offences, bound over to appear by Recognizance at the next Quarter Sessions.
And whereas the Mayor Burgesses and Commonalty of the City of Bristoll are already Conservators of the River Avon from Tower Harratz above the Bridge of Bristoll to King-Road or Avon-Road and soe downe the River Severne to the Two small Islands called the Stipe-Holme and Flat-Holme Be it hereby enacted That the said Mayor Burgesses and Commonalty and their Successors be and are hereby alsoe made constituted and appointed Conservators of the said River Avon from Tower Harratz aforesaid to Hannams-Mills aforesaid being about Four Miles Eastward of the said City upon the said River And that the said Court of Quarter Sessions of the Peace to be held for the said City and County have and are hereby authorized to have and take Cognizance of and to punnish all Nusances Obstructions and Impediments whatsoever committed done or suffered or to be committed done or suffered in or upon the said River Avon from High Watermarke to the Bottom of the said River from Hannam-Mills aforesaid downe to the said City and from thence to the said Port of King-Road or Avon-Road And that every Person and Persons who shall be indicted in the said Court for such Nusances Obstructions or Impediments upon any Part of the said River within the Bounds and Limitts aforesaid upon Notice and Certificate under the Hand and Seale of the Mayor of the said City of the Contents of such Indictments to any Justice or Justices of the Peace of the County where such Offender lives or shall be found such Person or Persons soe indicted shall by the said Justice or Justices be bound over by Recognizance of good Penalty with sufficient Sureties to appeare at the next Quarter Sessions of the Peace to be held for the said City and County of Bristoll to answer to the said Indictment soe found against him
Mayor and Justices in Quarter Sessions may make Rules and appoint Officers for Government of the said River and of Pilots, Masters of Ships, &c. and may impose Fines.
And whereas all things necessary for the Conservation of the said Rivers and the Navigation thereof and the well ruleing governing and ordering of Pilotts Masters of Shipps Barkes and other Vessells and the anchoring mooring and removing [of (fn. 2) ] such Shipps and Vessells cannot be foreseene It is hereby further enacted by the Authority aforesaid That the Mayor and Justices of ( (fn. 3) ) the said City may at the Generall Quarter Sessions to ( (fn. 4) ) be held for the said City from time to time as Occasion shall require make such good Rules Orders and Constitutions and nominate and appoint such Officer or Officers as shall be necessary for the Preservation of the said Rivers and Regulation and Government of all Pilotts Masters of Shipps and other Vessells navigating to and from the said City and of all Shipps Barks and other Vessells comeing into lying or abideing within the said Rivers Avon and Froome or either of them and the Creekes and Harbours within the same and for the anchoring mooring and removeing of such Shipps and Vessells and in the said Court to impose such reasonable Fines and Forfeitures upon voluntary and obstinate Infringers and Violaters of such Orders and Constitutions as shall be consistent with Reason Justice and the Laws of this Kingdom and alsoe to appoint and sett downe the Methods how such Fines and Forfeitures shall be levied and recovered
X. Such Fines to be reasonable, and may be levied by Distress.
Provided alwaies neverthelesse That all Fines and Forfeitures to be imposed and laid upon Offenders by such Rules Orders and Constitutions by virtue of this Act be reasonable and no greater or more penall than the Nature of the Offence shall require or more grievous or greater to and upon Strangers or Forreigners trading to the said City than to the Citizens and Inhabitants thereof And alsoe that all Fines and Forfeitures imposed or to be imposed and laid by vertue of this Act shall upon Conviction of the Party soe offending upon the Oath or Oaths of One or more credible Witnesses before the Mayor and any One other Justice of the Peace for the said City be levied by Distresse and Sale of the Offenders Goods rendring to him the Overplus if any shall be necessary Charges for takeing such Distresse being first deducted and when levied shall from time to time be solely applied for the Preservation and Benefitt of the Navigation of the said Rivers or for the repairing and amending of the High waies within the Liberties of the said City as to the Justices of the Peace in their Generall Quarter Sessions of the Peace to be held for the said City or the major Part of them it shall seeme most reasonable and convenient
Surveyors under Stat. 3W.&M. c. 12. to be continued; Their Duty. Refusing to take Office or neglecting the Performance of it; Penalty £5.
And to the Intent and Purpose That the Streets Lanes and Publick Places within the said City of Bristoll may alwaies hereafter be kept free from all Filth Ashes Dirt and Dust which may any way annoy or prejudice the said Rivers or either of them or be offensive to the Citizens and Inhabitants of the said City and that proper Officers for that Purpose may be appointed with the least Burden to the Inhabitants It is hereby enacted That all and every such Person and Persons who now are or shall from henceforth within the said City be nominated and appointed to be Surveyor or Surveyors of the Highwaies within the severall Parishes and Precincts of the said City by force and virtue of an Act of Parliament made in the Third and Fourth Yeare of His present Majesties Reigne and the late Queene Mary of ever blessed Memory intituled An Act for the better repairing and amending of the High waies and for settling the Rates of Carriage of Goods shall for the Time that he or they shall continue in that Office have alsoe the Care of cleansing of the said Streets Lanes and Publick Places within the severall Precincts and Parishes for which he or they were or shall be chosen as aforesaid subject to such Orders and in such Manner as shall be directed by the said Mayor and Justices as aforesaid and all and every Person and Persons soe chosen or to be chosen and appointed by vertue of the said Act are hereby required within Six Daies after such Appointment to take upon them the Charge and Care of cleansing the said Streets Lanes and Publick Places as well as the said Office of Surveyor or Surveyors of the Highwaies within their respective Parishes and Precincts And whosoever of them shall refuse deny or delay to take upon him the said Office or wilfully neglect the Performance of the Duty thereof according to the true Intent and Meaneing of this Act shall forfeite for every such Refusall Deniall or Neglect the Summ of Five Pounds to be levied by Distresse in Manner as is aforesaid and for want of such Distresse by Imprisonment of the Offender untill Payment thereof be made and in case of absolute Deniall or Refusall to serve the said Office or Offices others shall be chosen into the Roome or Place of such Person or Persons soe refuseing or denying in Manner as aforesaid
XII. Churchwardens, &c. of the City to meet, upon Notice, and settle Rates; to be allowed and confirmed by Two or more Justices, and the Mayor or One Justice may levy the same Quarterly.
Such Persons not meeting or not collecting Rate; Penalty £5; Persons assessed refusing or neglecting to pay; Distress.
And be it further enacted by the Authority aforesaid That the Church-wardens Overseers of the Poor and Surveyors of the High-waies of the severall Parishes and Precincts within the said City respectively shall and are hereby required to convene within Fourteene Daies after the Election of the said Surveyors at some Publick Place within their respective Parishes or Precincts upon Notice of the Day and Place to be given by One of the Churchwardens of the said Parish who is hereby required to give Notice accordingly and they or the greater Number of them there present are hereby required to make and settle a Rate or Rates Assessment or Assessments upon the severall Inhabitants of the said respective Parishes and Precincts according to their severall Abilities for the Yeare following for the cleanseing of the said Streets Lanes and Publick Places which shall be allowed and confirmed by Two or more Justices of the Peace of the said City whereof the Mayor for the Time being to be one And after the said Rate soe made and confirmed the said Mayor and any one of the said Justices shall have Power and are hereby required to cause the same to be levied and to appoint Collectors for collecting the same by Quarterly Payments within the severall Parishes or Precincts of the said City for which they are soe appointed Collectors and if any such Person or Persons shall wilfully and obstinately refuse or neglect to convene assesse or collect as aforesaid being thereunto summoned and appointed as aforesaid every such Person and Persons shall forfeite the Summ of Five Pounds and in case any Person or Persons soe assessed shall refuse or neglect to pay the same by the Space of Four Daies next after Demand thereof made it shall and may be lawfull for the said Collectors by Warrant under the Hands and Seales of the said Mayor and any one or more of the said Justices to levy the same by Distresse and Sale of the Goods of any such Person or Persons rendring to him or them the Overplus if any shall be after the necessary Charge for takeing such Distresse is first deducted
XIII. Persons aggrieved by Penalties or Assessments may appeal to Quarter Sessions.
Provided alwaies That if any Person or Persons shall find themselves aggrieved by any Summ or Summs soe charged upon him or them by any Assessment or by any Penalty imposed for refusall or neglect to serve such Office of Surveyor of the High waies and takeing care of the cleansing of the said Streets Lanes and Publick Places or for not conveneing assessing or collecting as aforesaid such Person or Persons may appeale to the next Quarter Sessions of the Peace held for the said City and County who have hereby Power and Authority finally to determine the same
XIV. Surveyors and Collectors to account yearly to the Persons herein mentioned, and pay over Money in Hand to succeeding Surveyor; refusing or neglecting to account or pay, committed.
And be it further enacted That such Summ or Summs of Money as shall be assessed and collected in the said Parishes or Precincts for cleansing the Streets shall be Yearly accounted for by the said Surveyors or Collectors thereof for the Time being to Two or more of the Justices of the Peace of the said City the Mayor for the Time being or the Alderman of each respective Ward or Precinct to be one within Ten Daies after the Election of the new Surveyors of the High waies for the ensueing Yeare and such Summ or Summs of Money as shall be remaining in their Hands shall be by them paid over to the next succeeding Surveyor of the High waies elected and appointed for such Parish or Precinct And the Mayor for the Time being and any Two Justices of the Peace of the said City shall and may by vertue hereof committ to Prison such Surveyors or Collectors who shall refuse or neglect to account or pay the Money remaining in his or their Hands there to remaine without Baile or Mainprize untill he or they have made a true Account and satisfied and paid soe much as upon the said Account shall be remaining in his or their Hands
XV. Proceedings to be had by the Ward of the Castle Precinct for repairing Highways, and settling Rates for Carriage of Goods.
And whereas the Ward of the Castle Precinct hath no such Officers as Churchwardens within the same Be it enacted by the Authority aforesaid That the Alderman of the Ward of the said Precinct for the Time being shall within the Time for that Purpose mentioned in the Act for the better repairing and amending of the High waies and for settling the Rates of the Carriage of Goods give Notice to the Guardians of the Poor Overseers of the Poor and Six other Principall Inhabitants of the said Precinct to meet and convene at some certaine Time and Place to be appointed by the Alderman of the said Precinct which Notice they are hereby required to obey and such Persons soe mett or the major Part of them shall have the same Power in the Premisses to all Intents and Purposes as the Church-wardens and Overseers of the Poor have in other Parishes of the said City
XVI. Proviso for Rights of Fishing, &c.
Provided alwaies That nothing in this Act contained shall be construed to abridge [dimish (fn. 5) ] or take away the Right Benefitt or lawfull Use that the Lord or Lords of any Mannor or Mannors adjoyneing to or bordering upon the said Rivers or any other Person or Persons whatsoever have to the said Rivers or Banks thereof or any Fishery or Royalties therein but shall be only construed strongly to remove prevent and punish all Obstructions Nusances and Impediments committted or suffered to be done by any Person or Persons whatsoever to or upon the said Rivers which may any waies obstruct incommode interrupt or hinder Navigation in and upon the said Rivers within the Bounds and Limmitts aforesaid.
XVII. Proviso for Rights of the City upon the Rivers of Avon, Froome, and Severn.
Provided alsoe That nothing herein contained shall extend to abridge diminish or limmitt any former or other Jurisdiction or Right into or upon the said Rivers of Avon Froome and Severne which the Mayor Burgesses and Commonalty of the said City of Bristoll were possessed of or had a Right unto by Charter Custome or otherwise howsoever before the passing of this Act.
XVIII. In Actions for executing Act,
General Issue may be pleaded; Treble Costs.
And for preventing Vexatious and Troublesome Prosecutions in or by Reason of the Execution of this Act Be it further enacted That if any Action Suit Plaint or Information shall at any Time hereafter be commenced or prosecuted against any Person or Persons for what he or they shall doe in pursuance or in Execution of this Act such Person or Persons soe sued in any Court whatsoever shall and may plead the Generall Issue and upon Issue joyned may give this Act and the Speciall Matters in Evidence as the Case shall require 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 wherein Costs by Law are given to Defendants.
XIX. Householders herein described to hang out Lanthorns at Night.
And be it further enacted by the Authority aforesaid That every Householder chargeable with Two Pence or more by the Weeke to the Releife of the Poor and whose House adjoynes to any Publick Street or Lane within the said City from Michaelmas to Lady Day Yearly shall every Night set or hang out Candles or Lights in Lanthorns on the outside of their respective Houses next the Street or Lane to inlighten the same for the Conveniency of Passengers from Time to Time as it shall grow Darke untill Twelve of the Clock at Night upon Paine of forfeiting Two Shillings for every Default.
XX. Proviso for such Inhabitants as agree to use Lamps approved by Quarter Sessions.
Provided alwaies and it is hereby enacted That if the Inhabitants of any Parish or Precinct within the said City paying as aforesaid towards the Releife of the Poor of that Parish or Precinct or the major Part of them shall agree to make use of Lamps of such Sort and soe to be placed as shall be approved of by the Justices of the Peace in their Generall Quarter Sessions of the Peace for the said City that then and in such Case nothing herein before contained shall extend to oblige any of the Inhabitants of such Parish or Precinct to sett or hang out any Candles or other Lights before their respective Houses.
XXI. Persons who are authorized to make Rates may make also an Assessment for Lamps.
And be it further enacted That it shall and may be lawfull for the Persons herein before authorized and appointed to make a Rate for cleansing of the Streets of the said City And they are hereby required in the severall Parishes or Precincts where such Agreements shall be to make alsoe an Assessment or Assessments for erecting and maintaining from Time to Time such Publick Lamps within their respective Parishes or Precincts to be assessed allowed of levied collected and accounted for in such Manner and under the like Penalties as is herein before directed and appointed for and concerning the Assessments for the cleansing of the Streets of the said City.