course though not warranted by the Statute is submitted to and never disputed for Communis Error facit Philips Principles of Law p. 13. Jus. CHAP. XII An Abridgment of such Statutes as have been made for the paving and cleansing the Streets and Lanes in the Cities of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Middlesex and the Borough of Southwark BY the Statute of 24 H. 8. The 24 H. 8. ch 11. Râ—stal paving 1. Stat. at large printed 1587. f. 624 625. Keb. Stat. printed 1684. f. 410. Street-way between Charing-Cross and Strand-Cross was to be sufficiently paved at the Charges of the Owners of the Lands or Tenements seized thereof in Fee-simple Fee-tail or for Term of Life along from his or their Lands or Tenements adjoyning to the said Ways unto the midst of the same and the same to be maintained by such Owners their Heirs and Successors with several Clauses for Pains and Forfeitures upon defaults and neglects as appears in the Statutâ— at large which are now altered and the Rules in the Statute of the second Year of their Majesties Reigns King William and Queen Mary mentioned afterwards in this Chapter is now to be observed By the Statute of 25 H. 8. it is enacted 25 H. 8. ch 8. Paving 2. Rastal St. at large printed 1587. f. 638. Keb. St. printed 1684. 415. That Holburn from the Bridge to the Bars shall be paved on both sides with paving Stone at the Charges of the Tenants in Fee-simple Fee-tail or for Life of the Lands thereunto adjoyning their Heirs and Successors and they from time to time to maintain the same paved and if the Lessees do it they may defaulk so much out of their Rent if not otherwise agreed with several Clauses in the Statute at large for Pains and Forfeitures for defaults c. But now by the Statute of 22 and 23 Car. 2. 22 23 Car. 2. ch 17. All power of cleansing the Streets Lanes and Passages within the City of London and Liberties and pitching and paving with the order and manner thereof is in the Mayor Communalty and Citizens of the said City to be mannaged executed and done by such Commissioners or any seven of them as they appoint under their Common Seal as is shewed afterwards in this Chapter By the Statute of 32 H. 8. From 32 H. 8. ch 17. Paâ— Rast â—t at large printed 1 5 87 â— 816 817. Keb. St. printed 168â— f. 512. Algate to White-chappel and from Holburn-Bars to St. Giles and Chanâ—â—ry-Lane Grays-Inn-Lane Fetter-Lane and Shoo-Lane were to be paved by Tenants in Fee-simple Fee-tail and for Life on both sides so far as their Lands and Tenements extend in length to the middle of the Street and they their Heirs Assigns and Successors to maintain the same with several Clauses for Presentments Forfeitures c. but now the sole Power is in the Lord Mayor Communalty and Citizens c. By the Statute of 34 and 35 H. 8. 34 35 H. 8. ch 12 Paving Rast 4. St. at large printed 1587. f. 947 948 949. Keb. Stat. printed 1684. f 569. White-Cross-Street Cheswel-Street Golding-Lane Grub-Street Goswel-Street Long-Lane St. Johns-Street Smithfield-Bars Water-Lane from Temple-Bar by Clements-Inn and New-Inn to Drury-Lane-end Petty-France Shore-Ditch and Foscue-Lane were to be paved by Tenants in Fee-simple Fee-tail for Life or Years on both sides and maintained in the same manner as is shewed above for Alâ—ate c. And several Clauses also in â—his Act about Presentments Forfeitures c. But now all Power in the Lord Mayor Communalty Citizens c. By the Statute of 13 Eliz. Thâ— 13 El. ch 23. Paving 6. Rast Stat. at large printed 1587. â— 551 552. Keb. Stat. printed 1684. f. 844. Way without Aldgate in the Suburâ— of London and a Way leading from the Old-Cage to the North-end oâ— Nightingale-Lane and another Waâ— between the said Old-Cage and Crosâ—-Mill in the Parish of St. Mary Maâ—fellon at White-Chappel were to bâ— paved with Stone and continued 〈◊〉 by Persons seized as aforesaid in such manner as aforeshewed and several Clauses about Presentments and Forfeitures also and about carrying the Waters from Algate to the Common-shore at the East-end of Hog-Lane c. but now all Power is in the Lorâ— Mayor c. Then an Addition wâ—â— made to this Stat. in 23 Eliz. touching 23 El. ch 12. Paving 6. Rast Stat. at large printed 1587. f. 663 664. Keb. Stat. printed 1684. f. 872. the paving a Street without Algate leading to the Queens Store-house at the Minories towards the Tower of London and other places near thereunto with provision about Scouring and Cleansing the Ditch at Hog-Lane and several Clauses about Pains and Forfeitures but the Lord Mayor c. as iâ— shewed before hath now all the Poweâ— in such things By the Statute of 19 Car. Such 19 Car. 2. ch 3 sect 20. Keb. Stat printed 1684. â— 1333. Persons or any seven or more of them as shall be authorised and appointed from time to time by the Mayor of London Aldermen and Commonalty of the said City in Common Council â—ssembled or the more part of them under their Common Seal with the Surveyors or some or one of them within his or their Precinct respectiveâ—y at their Meeting have power to Making new Vaults Drains and Sewers c. order the making of any new Vaults Drains and Sewers or to cut into any â—lready made and for the altering inâ—â—rging and amending cleansing and â—â—owring of any old Vaults Sinks or Common Sewers for the better effectâ—ng whereof the said Persons or any seven or more of them at their Meetâ—ng may impose any reasonable Tax Tax how to be imposed and laid on upon all Houses within the said City and Liberties thereof in proportion â—o the benefit they shall receive thereâ—y for and towards the new making â—ltering c. and in default of payment by Order and Warrant under â—heir or any seven of their Hands and Seals to levy the said Sunâ—s so assessed Qu. what Offiâ—â—â— must take the distress for here is none named â—y distress and sale of the Goods of â—he Party chargeable therewith and reâ—using or neglecting to pay the same rendring the overplus if any be and that all other Commissioners whatsoever be altogether suspended to inteâ— middle in the Premisses within the saiâ— City and Liberties thereof for thâ— space of seven years but by the Stâ—â— of 22 and 23 Car. 2. ch 17. this Clauâ—â— is made perpetual Keb. Stat. printâ—â— 1684. f. 1433. sect 1 2 3. The sole power of cleansing thâ— To whom the sole power for cleansing the Streets Lanes c. and pitching and paving is given Streets Lanes and Passages within thâ— City of London and Liberties anâ— pitching and paving with the ordeâ— and manner thereof and for makinâ— and cleansing Drains and Sewers by thâ— Statute of 22 and 23 Car. 2.
is declared 22 23 Car. 2. ch 17. Keb. Stat. printed 1684. f. â—434 sect 4 5 6. to be in the Major Commonâ—â—ty and Citizens of the said City 〈◊〉 be mannaged executed and done 〈◊〉 such persons as by the said Mayor Aâ—dermen and Commons in Commâ—â— Council assembled shall be thereupâ—â— authorized and appointed or by aâ—â— seven or more of them being 〈◊〉 Members of the said Court and 〈◊〉 other persons whatsoever And aâ— Paviers and Scavengers c. to observe the Commissioners Orders Paviers Scavengers Carters Laboureâ— and Lighter-men that shall be imployâ—â— about any of the said Works are 〈◊〉 observe and obey such Orders froâ— time to time as the said Commissioneâ— or any seven or more of them shall appoint and the persons therein offending may be proceeded against and thereof convicted by Indictment at the next Sessions of the Peace held for the said City and Liberties according to their Offence unless they submit to the censure of such seven Commissioners or more and pay such Mult or Penalâ—y as they shall impose for such Offence into the Chamber of the City of London to be imployed towards the Works mentioned in the said Act. And for the better enabling the Power given to Coâ—missioners to raise a Tax or Assessment Keb. St. ibid. sect 7. Mayor Commonalty and Citizens to defray the Charge in effecting and performing the Works mentioned in the Act the Commissioners or any seven or more of them at their publick Meeting have power to impose â—ny reasonable Tax or Assessment upon the several Wards and Precincts within the said City and Liberties â—nd to direct their Warrants to the several Deputies and Common Counâ—il-Men of such Wards to rate and â—ssess the said Taxes and Assessments 〈◊〉 manner following and also to diâ—ect like Warrants to such and so many of the Scavengers within the said Wards as they shall think fit thereby requiring them to collect and levy the Monies so assessed upon receipt whereof the said Deputies and Common Council-Men are to make an Assessment and Distribution of the proportion charged upon their Wards as well upon the Tenants and Occupiers of Houses Shops or other Tenements or Hereditaments as upon Owners or other interested of or in such Houses Tofts of Ground unbuilt and other Hereditaments whereof there shall be no Person Occupier and a reasonable proportion to be assessed on the Parish whose Church-yard shall be fronting and adjoyning to anâ— of the Streets Lanes or Passages 〈◊〉 be paid by the Church-wardens there of in behalf of the Parish and the Duplicates of the Assessments and Scavengers Names to be returned Keb. St. ibid. sect â— Deputies and Common Council-Meâ— within twenty days after the receipâ— of their Warrant are to return Dâ—plicates in Writing of the Assessmenâ—â— with the Names of the Scavengers appointed to collect the same and iâ— default of assessing or returning Dâ—plicates the said Commissioneâ—s 〈◊〉 any seven of them may assess the saiâ— Wards where such default shall be in manner as aforesaid all which 〈◊〉 to be rated and assessed in pursuance of the Act are to be collected and levied by the Scavengers appointed to collect the same and for default of payment by the space of six days after demand they are to levy the same by distress and sale of Goods of the Parties refusing or neglecting to pay rendring the overplus if any be besides reasonable Charges to the Parties so distrained and the Scavengers are Scavengers to pay the Assessments when collected into the Chamber of London Keb. Stat. ibid. sect 9. to pay all the Monies so to be collected into the Chamber of the City of London and the Chamberlain is to keep Books of the receipt thereof and no Mony to be paid out from thence but by Order or Warrant under the Hands of the said Commissiooners or any seven of them for the Uses in and by the Act appointed Where any Citizen is agrieved or Grievances through defect of paving how to be redressed Keb. St. ibid. sect 10 11 13 14. any Inhabitant through the defect or decay of Pavements in any of the Streets Lanes or Passages within the the said City or Liberties thereof for want of due cleansing and being made known to the said Commissioners or any seven or more of them at their publick Meeting upon due proof made that such Grievance is unreformed the persons complaining shall receive their Order for the redressing thereof and a Warrant under their Hands and Seals to the Chamberlain to issue out Monies for defraying the Charge thereof and a Sum of Mony not exceeding ten shillings for incouragement of his or their Dâ—ligence and upon receipt of the Warrant the same is to be paid accordingly and the Mayor Aldermen and Commons Laystalls for laying Dirt and Rubbish c. in to be purchased in Common Council assembled may set out and purchase for the publick Use of the City in places convenient parcels of Ground for Laystalls to lay Dirt Rubbith c. in and places for publick Stores of Materials and Commodities the said pieces of Ground for the Uses aforefaid to be purchased with the Monies raised out of the imposition upon Coals and persons agrieved by reason of any Tax Assessment or other Charge within five days after demand thereof to appeal to the Mayor and Court Appeals to whom to be made in case of grievance of Aldermen whose Order in that behalf shall be final and none that are liable to be taxed rated or assessed by this Act for or in respect of any Houses Tofts or other Hereditaments towards the publick Charge of altering inlarging amending or cleansing of the said Vaults or Sewers c. shall be otherwise charged for or in respect of any Houses Tofts c. shall 2 W. M. ch be otherwise charged therewith and if any Persons be sued or prosecuted for any thing done in pursuance of this Act in any Court whatsoever they may plead the general Issue and give the special Matter in Evidence and if the Plaintiff or Prosecutor shall be Non-suited or suffer Discontinuance or a Verdict pass against him or her the Defendant and Defendants shall recover their treble Costs for which they shall have like Remedy as in any Case where Costs by Law are given to the Defendants For the better cleansing and keeping The Lord Mayor or any Alderman may present where Ashes Soil Dust or Rubbish is thrown or laid in the Streets c. the Streets Lanes and Passages within the City of London and Liberties thereof it is enacted by the Statute of the second Year of their Majesties Reigns King William and Queen Mary That the same shall be ordered and mannaged and Rates and Impositions laid and levied and all other ways and means therefore used and observed according to the ancient Usage and Custom of the said City and that the Lord Mayor for the time being or any Alderman of the said City for
the time being upon his own proper Knowledge or View in the open General Sessions may make presentment of the throwing our 〈◊〉 laying or suffering any Ashes Soil Dust or Rubbish or other Nusance 〈◊〉 Obstruction in any the Streets Lanes or Passages of the said City or Liberties thereof which Presentment shall be good and effectual and the Lord Mayor and Justices of the same City are immediately at the same General Sessions to assess Fines for such Offences not exceeding twenty shillings for any one Offence which said Fines shall be levied and paid unto the Chamberlain of the City of London for the time being for the use of the same City to be employed in the publick Payments of the same City All Persons inhabiting in the Out-Parishes Inhabitants in Out-Parishes in Middlesex Liberties of Westminster and Southwark to sweep before their Houses c. twice in the Week in Middlesex Westminster and the Liberties thereof and the Borough of Southwark or in any the Streets Lanes or Allies comprised within the Weekly Bills of Mortality and the Town of Kensington by the Statute of the second Year of their Majesties Reign King William and Queen Mary must twice in the Week viz. Wednesdays and Saturdays at the least weekly sweep the Dirt and Soil away before their Houses Buildings and Walls and Walls of Churches and other publick Places that it may be ready for the Scavenger to carry away on pain of three shillings and four pence for every Offence or Neglect and None to throw any Ashes Dust Dirt c. before their own Houses or the Houses of any others c. none are to throw cast or lay any Sea-Coal-Ashes Dust Dirt Rubbish Dung or other Filth or Annoyance in any open Street Lane or Alley within the said City or Places aforesaid before their own Dwelling-houses Stables Buildings or Walls or the Buildings or Walls of Churches or Church-yards or other publick Places or suffer it to be done on the penalty of five shillings and none shall lay any Ashes Dirt or Soil before the Houses or Buildings of any Persons Inhabitants of the Places aforesaid or before any Church or Church-yard or any of their Majesties Buildings Palaces or Places whatsoâ—ver or cast lay or throw any such No Annoyances to be cast into publick or private Sinks c. Annoyances into any publick or priâ—ate Sink or into any Water-course 〈◊〉 Common-Sewer within the Places â—foresaid but shall keep the same in â—heir Houses Yards or Backsides or â—he Yards or Backsides of Churches â—nd other publick Buildings till the Scavengers or Officers come and theâ— to carry or cause the same to be carried to them or put into their Carâ— Barrow or other Thing on pain 〈◊〉 forfeit twenty shillings for every Oâ—fence and the respective Church-wardens Church-wardens House keepers c. punishable for suffering Annoyances before Churches their Majesties Buildings c. and the House-keepers and other Keepers of White-Hall Somerset-House St. James-House and St. James Park and the Guard-House and Stables near it and other theâ—â— Majesties Houses and the Ushers Peters and Keepers of Courts of Jâ—stice and all other Publick or other Houses and Places respectively shall be liable to and suffer the like Penaltieâ— for every the before-mentioned Oâ—fences or Neglects done committeâ— or suffered to be done before 〈◊〉 Church or Church-yard or before 〈◊〉 of their Majesties Houses Buildings 〈◊〉 Walls or before any Houses Buildingâ— or Walls or before any publick Builâ—ings Houses or Places whatsoever and the Rakers Scavengers and othâ—â— Scavengers every day to bring their Carts c. Officers thereunto appointed shaâ—â— every day in the Week except Sâ—â—days and other Holy-days bring thâ— Carts and other Carriages into thâ— several Charges and Divisions whâ—â— they can pass and give notice at their approach by a Bell c. â—nd so in every Court Alley c. â—here their Carts cannot pass and â—ay there a convenient time so that â—ll Persons concerned may bring forth â—â—eir Dust Dirt Ashes Filth and â—oil to the Carts and Carriages so â—aying and the Scavengers c. are â—ayly to carry away the same on pain 〈◊〉 forfeit forty shillings for every Ofâ—ence or Neglect None shall hoop wash or cleanse None to hoop wash or cleanse Pipes or Barrels in the Streets â—ny Pipes Barrels or other Casks or â—essels in any the Streets Lanes or â—pen Passages aforesaid nor shall set 〈◊〉 any Dung Soil Rubbish or empty â—oaches to make or mend or rough â—imber or Stones to be swan or â—rought in the Streets on penalty of â—wenty shillings for every Offence â—nd all open Streets Lanes and Allies Streets already paved by whom to be maintained and under what penalty â—ithin the Parishes or Places aforesaid â—ow ready paved are from time to â—â—me to be repaired amended and â—aved at the Charges of the Houseâ—olders Inhabitants there and where â—ouses are empty at the Charges of â—he Owners or Proprietors thereof â—efore their Houses Stables or Outâ—ouses so far as their Housing Walls a Buildings extend unto the Denterstone or Channel or middle of 〈◊〉 said Street Lane or Alley on pain 〈◊〉 forfeit for every default twenty shilling for every Perch or Rod and aftâ—â— that Rate for a greater or lesser quâ—â—tity and twenty shillings a Week 〈◊〉 every Week after until the same shaâ— be sufficiently paved and any one 〈◊〉 more Justices of the Peace of thâ— Place or Division where any neâ— New Streets how and by what Order to be paved and repaired and under what Penalty Streets are or shall be made may freâ— time to time view the same and 〈◊〉 upon such view they think them 〈◊〉 to be paved or otherwise amended then to certifie the same under theâ—â— Hands to the Justices of the Peace 〈◊〉 the next respective General Quartâ—â— Sessions of the Peace for the 〈◊〉 where such Streets are or shall be made who are to take such Ordeâ— therein for paving or amending as the think fit and all the Persons conceâ—â—ed by the time limited by the Ordeâ— of such Justices at the Sessions are 〈◊〉 pave with Stone or Gravel or otherwise amend all the Ground that doâ— or shall lie in front before every Dwâ—ling-House or other Buildings in 〈◊〉 Streets and Ways extending to 〈◊〉 middle of the Way that doth or 〈◊〉 lie before the same and every Persâ—â— offending or neglecting shall forfeit â—â—rty shillings for every such Offence or â—efault for every Perch and after â—â—at rate for a greater or lesser quanâ—â—ty and the like Sum for every Week â—ll the same be paved or amended and â—â—paired and when paved and amendâ—d the Sum as those aforeshewed that â—â—all not pave and repair open Streets â—anes and Allies now paved and Ancient Streets Lanes and Allies to be repaired as formerly â—â—ch ancient Streets Lanes and Allies within any of the places aforesaid as by Custom and Use have been repaired â—nd paved by any other
levy or cause to be levied by distress or lawful means the said Forfeitures and Sum of Mony so assessed and may make such Avowry Cognizance or Justification as by the Common Laws may be made for Arrearages of Rent-Charge and shall have like Judgment Costs Damages and Return All and singular Person and Persons 18 El. ch 19. Paving Rast 7. Stat. at large printed 1587. f. 618 619. Keb. St. 1. 863. their Heirs and Successors which shall be immediate Owners Land-Lords or Ter-Tenants of any Houses Lands or Tenements within the City of Chichester in Fee-simple Fee-tail or for Life or Years shall from time to time by the assignment of the Mayor for the time being pave or cause to be paved with good paving Stones along from and against his or their House and Houses Lands and Tenements adjoyning to the Street so much of the said Street in length to the Channel or to such place as the Channel there shall be by the Mayor appointed Pain for not paving upon pain to forfeit for every Yard square not sufficiently paved within two months after warning thereof given by the major-part upon the Presentment thereof made before him by the Oaths of twelve honest Men of the said City chosen for that purpose the Sum of three shillings and four pence and the Owners Land-Lords and Ter-Tenants of any House Houses Lands or Tenements in Fee-simple c. within the said City adjoyning to any of the greater Streets there called the East West North and South-Streets their Heirs and Successors shall from time to time maintain and repair the said Street and Streets so adjoyning with like Stone against their Houses c. in such like manner as above declared in pain of twenty Pain for noâ— keeping Streets in repair and wâ—ll paved pence for every Yard square not sufficiently repaired and amended and being presented in manner and form aforesaid which Forfeitures shall be to the use of the Mayor and Citizens towards the maintenance and repairs of the City Walls and the Mayor for Mayor to make inquiry every quarter of a year and to levy Penalties by distress the time being shall have power every quarter of a Year to enquire of the Defaults by the Oaths of twelve Men and to levy or cause to be levied the said Forfeitures by distress or other lawful means and make such Avowry Cognizance or Justification as by the Common Laws may be made for Arrearages of Rent and have like Judgment for Costs Damages and Return The Lessee for Years or at Lessees to defalk out of their Rents Will may defalk and abate so much out of their Land-Lords Rents as they shall expend in such paving iâ— there be no Covenant to the contrary CHAP. XVI An Abstract of the Statutes made for repairing Huntington-Lane near the City of Chester the common High-way called the Cawsey lying in the Counties of Dorset and Somerset between the Towns of Shaftsbury and Sherborne and for amending the High-ways within five Miles of the City of Oxford BY the Statute of 37 H. 8. Huntington-Lane 37 H. 8 ch 3. High-ways Rast 2. Stat. at large printed 1587. f. 1011. Keb. St. f. 606. near the City of Chester being in length two miles and an half or thereabouts is to be repaired from time to time by one that shall dwell in the said Lane who shall have Grass Pasture or Feeding for five Kine or five other kind of Beasts or Head of Cattel in and upon the said High-way and upon the sides of the same from Bothil to Butterback-Bridge Sir William Stanley and Sir Hugh Calverly and their Heirs Males being of full Age and in default of them the Mayor and Aldermen of Chester shall appoint the said Party and remove him if he be negligent in repairing any part of the said Way By the Statute of the first of Queen 1 M. Sess 3. ch 5. St. aâ— large printed 1587. f. 230 231. Shirbone Rast 1. Keb. St. f. 716. Mary The common High-way called the Cawsey paved with Stone in the Counties of Dorset and Somerset between the Towns of Shaftsbury and Sherborne being about twelve miles in length shall be repaired and amended Who chargable to the repairs by the Owners Tenants Farmers and Inhabitants of the Mannors Lands Tenements and Parishes lying nigh to the said Cawsey on either side thereof and by the Inhabitants of the Towns of Shaftsbury and Sherborne and by the Owners Tenants and Farmers of Mannors Lands Tenements and Hereditaments and by the Inhabitants of and within the Forest of Gillingham and Liberties of Gillingham and Alcetter and the Hundreds of Redlane and Sherborne in the County of Dorset and of the Hundred of Horthorne in the County of Somerset and Justices of Peace â—o make Orders and set Fines the Justices of Peace of the said Counties at their Quarter-Sessions or otherwise may call before them or four of them at the least two to be of the Quorum so many of the Persons bound to repair and amend the said Cawsey as they think fit and to make Orders and Assessments from time to time towards the repair thereof and may set Fines on Defaulters and make Orders for levying by distress the said Assessments and Fines and for a yearly Account to be made of the same to whom they appoint and the said Orders to be entred and inrolled of Record by the Clerks of the Peace of the said two Counties in the Rolls of the Sessions and all Pains and Pains and Penalties how to be bestowed Penalties to go towards the amendment of the said Cawsey and if the Justices refuse to put this Act in execution then upon request of the Lord Chancellor of England or Lord Keeper of the Great Seal shall make a Commission to certain discreet Persons to put this Act in execution who shall have the same Power and Authority as is given to the Justices of Peace by this Act. It is enacted by the Statute of 18 El. 18 Eliz chap. 20. Bridges Rast 4. St. at large printed 1587. f. 619 620 Keb. St. f. 863 864 That every Person and Persons resident dwelling or inhabiting within five miles of the City of Oxford and having in his Occupation to the use of himself or any other a Yard-Land or more in Tillage Pasture or other Ground or using a Draught Plow or Wain at their own proper Costs and Charges for every such Yard-Land is to send one Wain Draught or Cart furnished after the Custom of the Country with Necessaries convenient and two able Men for amending repairing and upbuilding of decayed Bridges Ways and Passages within a mile of the said City and every other Housholder Cottager or Labourer within the said Circuit being no hired Servant must go themselves or send a sufficient Labourer to the repairing the same and all to be at the command of certain Supervisors to be appointed by the Vice-Chancellor and Mayor with other Justices of
on the out-side of their Houses next the Street every Night from Michaelmas to Lady-day yearly set or hang out Candles or Lights in Lanthorns from time to time as it shall grow dark until twelve of the Clock in the Night on pain to forfeit two shillings for every default except such as shall agree to make use of Lamps to be placed at such distances in the Streets as two or more Justices of the Peace shall approve of â— and every Truss of old How much Trussâ—s of Hay are to weigh Hay by this Statute brought or offered to be sold within the Cities of London and Westminster and all other places within the Weekly Bills of Mortality between the last day of August and first day of June shall weigh six and fifty pounds at the least and between the first day of June and last day of August being new Hay of that Years growth shall weigh sixty pounds and if it be old Hay of any former Years growth then to weigh six and fifty pounds as aforesaid How long Waggons Carts and Cars are to stand with Hay or Stravv and none are to sulfer their Waggons Carts or Cars to stand or be in any of the places aforesaid loaden with Hay or Straw to sell the same after two of the Clock in the Afternoon from Michaelmas to Lady-day nor after three from Lady-day to Michaelmas on pain to forfeit five shillings for every Offence or Neglect and every Justice of the Peace within the Counties of Middlesex and Surry and City and Liberties of Westminster and Places aforesaid within their respective Liberties upon their own Knowledge or View Confession of the Party or Proof of one credible Witness before him may convict any Persons of the Offences aforesaid so that they may incur the Penalties aforesaid one moiety to the relief of the Poor of the Parish where the Offence is committed to be paid to the Overseers of the Poor of the same Parish for the use of the Poor thereof and the other half to the Discoverer and Prosecutor in case the Conviction be so but if it be by the View or Knowledge of the Justice of Peace then one half to the relief of the Poor as aforesaid and the other half if for default of payment to be paid to the Scavengers of the place to be imployed for the repair or paving and cleansing the said Streets or Places or otherwise to the relief of the Poor aforesaid all the said Penalties to be levied by Penalties how to be levied distress and sale of the Goods and Chattels of the Offenders by Warrant under the Hand and Seal of any one Justice of the Peace of the place directed to the Constables or Headboroughs of the same Parish where the Offence was done rendring the surplusage to the party and in default of distress or not payment within six days after demand where it is not by this Act otherwise provided or notice in Writing left at the Offenders House or Dwelling-place by the Constable or Headborough then the Offender not being a Peer of the Realm to be committed to the Common Gaol of the Counties or City respectively by Warrant as aforesaid there to remain without Bail or Mainprise until payment By this Statute the Wheels of every The breadth of Cart Wheels and Dray Wheels c. Cart Car or Dray to be used for the Carriage of any thing whatsoever from any place within the said Cities and Places to any place within the same where the Streets are paved are to be made to contain in full breadth six Inches in the Felly and must not be wrought about with Iron-work nor drawn with above two Horses after they are up the Hills from the Water-side and the Owners and Proprietoâ—s â—ssending herein are to forfeit forty shillings for every time such Cart or Dray shall be used to the contrary to be levied as aforesaid but this is not to extend to any Country-Cart or Waggon that shall bring Goods to the City or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places But now by the Statute of the second 3 4 W. M. ch 12. and third Years of their Majesties Reigns chap. 12. this Clause is altered for any Inhabitant of any of the Parishes within the Weekly Bills of Mortality who dwells off and from the Pavement or uses his Cart as well off as upon the Pavement and any Brewer or Scavenger or other Person employed in carrying away the Dirt and Soil of the Streets Lanes and Allies may make use of any Cart or Dray with Wheels shod with Iron and narroweâ— than six Inches in the Fellies and drawn with more than two Horses notwithstanding this former Act of Parliament or any Law or Usage to the contrary No person or persons whatsoever by None to breed seed or keep Swine his Statute of the second Year of their Majesties Reigns shall breed seed or â—eep any sort or manner of Swine in â—ny paâ—t of the Houses or Backsides of â—he paved Streets of the said Cities Borough or Parishes where the Houses 〈◊〉 contiguous upon pain to forfeit â—he same to the Church-wardens and Overseers of the Poor of the Parish where such Swine shall be kept bred â—or Fed to the use of the Poor thereof and all or any of the Church-wardens Overseers of the Poor Chappel-wardens Constables Beadles Headboroughs or Tythingmen of any of the Parishes of the said Cities or Places at all times in the day-time by Warrant under the Hand and Seal of the Lord Mayor or any other Justices of the Peace of the place may search in all such places in their respective Parishes for the finding all such Swine and to seize drive take and carry away all that shall be so found and to sell the same for the best price that can be had and to deliver the Mony to the Church-wardens or Overseers of the Poor of the Parish where such Swine shall be seised to be distributed to the Poor there in such manner as the Church-wardens and Overseeâ—â— shall think fit and if any shall be sued Persons sued may plead general Issue and give special Matter in Evidence in any Court for any thing done iâ— pursuance of or execution of this Act they may plead the General Issue aâ—â— give the Special Matter in Evidence and if a Verdict pass for the Defendants or the Plaintiff be Non-suited or suffer Discontinuance then the Defendants shall recover treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to the Defendants This Act being of such universal and beneficial Concern for the Places mentioned therein I have therefore taken all the Heads of it quite thorow though some of the Paragraphs thereof have no relation to the repairing the High-ways or paving or cleansing the Streets Lanes and Allies there CHAP. XIII An Abridgment of
order or in â—ny other manner shall be hereafter reâ—aired paved and maintained in such â—â—rt and manner and by such Persons 〈◊〉 have been used to do the same unâ—er the Penalties aforesaid On Monday or Tuesday in Easter-Week Scavengers how and when to be chosen and what penalty for refusing the Office yearly the Constable Church-wardens Overseers of the Poor and Surveyors of the High-ways of the places aforesaid or the greater number of them calling together such anâ—ient Inhabitants as are usually present â—t the Election of Parish Officers the greater number of them then preâ—ent shall make choice of and nomiâ—ate and appoint two or more able Tradesmen of their Parish to be Scavengers for their Parish for the Yeaâ— following and till others be chosen anâ— setled in their Places which Persons being approved of and confirmed undeâ— the Hands of two Justices of the Peaâ—â— within their respective Limits anâ— within seven days after notice of sâ—â— Election and Confirmation to taâ—â— the Office upon them upon pain 〈◊〉 ten pounds forfeiture for every Refuse respectively and in case of refusâ— then other two are to be chosen anâ— confirmed in manner aforesaid withiâ— seven days after such refusal in the place of him or them so refusing and having notice shall undergo thâ— like pain of ten pounds in case of refusal and not taking the Office upoâ— him or them within seven days after notice as aforesaid the said Penalties to be paid to the Surveyors of the High-ways of the place to be imployed towards the amending the High-ways and Streets of the saâ—â— Parish Ward or Division and to be How and by whom the Penalties are to be levied levied by distress and sale of the Goods and Chattels of the Offenders by Warrant under the Hand and Seal â—â— any one Justice of the Peace of any the places aforesaid to be directed tâ— the Constables or other Officers of the said Parish or any two or more of â—hem rendring the overplus to the Parties reasonable charges for the distress only to be deducted and for want of distress or non-payment within six days or demand or notice left â—â— writing at the House or Dwelling-place of the Offender by the said Constables or Officers the said Offender to be committed to the Common Gaol of the County City or Place respectively by the Warrant of any such Justice of the Peace under his Hand and Seal there to remain without Bail or Mainprise till payment be made as aforesaid and so in like manâ—er for every Person or Persons negâ—ecting or refusing the same and withâ—n Within what time Rates are to be made and by whom twenty days after the election and confirmation of the said Scavengers â—s aforesaid the Constables and such other Officers and Parishioners as aforesaid or the greater number of them â—hen present shall make a Rate or Assessment according to pound Rate â—pon the Inhabitants of their Parish which being allowed and confirmed â—y two Justices of the Peace of the â—laces aforesaid shall be quarterly paid â—y every Inhabitant upon demand â—ade by the Scavengers or Officers appointed to gather the same and iâ— case of refusal or neglect shall bâ— Warrant under the Hands and Seâ—â— of two such Justices of the Peace â—â— aforesaid be levied by distress and saâ—â— of the Offenders Goods and for waâ—â— of distress by imprisonment being no Peer of the Realm until payment as aforesaid And such Sums of Mony as shâ—â—â— The Scavengers to account for the monies received by them be yearly assessed and collected shalâ— be yearly accounted for by the Scavengers for the time being whicâ— collected the same to two or moâ—â— of the Justices of Peace of the placâ— residing in or near to the respectivâ— places for which such Scavengers were appointed within eight and twenty days after the electing of new Scavengers for the ensuing Year and â—â— pay to the new Scavengers what remains in their Hands and any such two Justices of the Peace as aforesaid upon refusal to account may comitâ—â— the Refuser to prison there to remaiâ— without Bail or Mainprise till he aâ—count and pay what remains upoâ— Account and the Scavengers maâ— Scavengers to lodge their Dirt in such publick places as the Justices of Peace shall approve of lodge their Dirt Dust Ashes c. iâ— such vacant and publick places near the Street or High-ways as two or moâ—â— of the Justices of the Peace in their â—etty Sessions shall approve of they â—iving satisfaction to the Owners and Occupiers thereof and in case of unâ—easonable demands such Justices of the Peace in their Petty Sessions may moderate and determine it and such persons as are agrieved with any Asâ—essment or Determination of the Juâ—tices of Peace in their Petty Sessions may appeal to the Justices of the Peace â—t their General Quarter-Sessions of the Peace for that place whose Order and Determination upon hearing the Complaints shall be final without farther appeal to any other Court and where there are any High-ways Assessments whâ—â— and how to be made within the said Parishes which cannot be amended without help of an Assessment then one or more Assessments shall be made from time to time upon all the Inhabitants Owners and Occupiers of Lands Houses and Tenements or any personal Estate there usually ratable to the Poor to be allowed levied and collected by such person and persons as the said Justices of the Peace at such their General Quarter-Sessions shall direct and appoint and the Mony raised to be employed and accounted for towards the repairing such High-ways from time to time as the said Justices shall order to be levied by distress and sale of the Goods of the perions so assessed nâ—â— paying the same within fourteen days after demand rendring the overplus to the Owner necessary Charges of making and selling the distress being first deducted which Assessments in any one year are not to exceed four pence in the pound of the yearly value of Lands c. nor eight pence for every twenty pounds personal Estate All Sinks Sewers and Vaults made Sinks Sewers and Vaults to be within the Commiâ—â—ion of Sewers since the twelfth Year of King Charles the Second within the City and Liberties of Westminster and Parishes aforesaid are to be subject to the Commission of Sewers and the Commissioners of Sewers within the Liberties of their respective Commissions may after amend cleanse and scour any new Sewers Sinks and Vaults and direct the making of new ones or may cut into any already made and alter and take away any Nusances in the same and alter or take away any cross Gutter or Channels in all or any of the Streets and Lanes in the Parishes Housholdâ—â—â— to hâ—ng out Candleâ— at Night aforesaid and all Housholders in the Counties of Middlesex and Surry and City and Liberty of Westminster comprised within the Weekly Bills of Mortality whose Houses adjoyn unto or are near the Street shall
the University and City and do their Carriages and Labours by the space of six days between the Feast of St. John Baptist and the Feast of All-Saints upon twelve days warning given or sent in writing to the Vice-Chancellor and Mayor or either of them to the Constable or other Officer of the Place that ought to serve and every Person making default doth for every days default or any part thereof forfeit five shillings to be levied and imployed for the amendment of the said Bridges and Cawseys and the Persons making default and making no reasonable composition for the same then the Vice-Chancellor and the Mayor or other their Officers to distrain and keep and detain the distress till the Forfeitures and Charges of keeping the distress be paid But by the Statute of 35 El. ch 7. Keb St. f. 913. sect â—â— 35 Eliz. this last Article was altered and it is provided that no Person or Housholder living within five miles of Oxford and not having in possession a Yard-Land shall be chargeable with any thing towards the amending the said Bridges and High-ways and that Every Yard-Land to pay four pence and none else chargeable such as have a Yard-Land or more in possession lying within the said compass shall pay yearly the Sum of four pence for every Yard-Land before the Feast of Pentecost to the Vice-Chancellor and Mayor or their Deputy or Deputies towards the amending of the said Bridges and High-ways and no other Penalty with like Remedy by distress for the same being due and not paid as is limited and appointed by the other Statute of 18 Eliz. chap. 20. Note That Virgata Terrae or a Co. Lit. f. 5. a. 69. a. Terms of the Law and Blounts Law Dict. verb. Yard-Land and Lamb. Exposition of Words Yard-Land called by the Saxons Girdland and now the G. is turned to Y. is in some Countries ten Acres in some fifteen in some twenty in some twenty four in some thirty and in others forty Acres and so doth not contain any certain quantity of Land but is various according to the Custom of the place where it lies CHAP. XVII The Heads of the two Statutes made in the 18 and 27 Qears of Queen Elizabeth for the maintenance and repair of Rochester-Bridge in the County of Kent THE morrow after the General 18 El. ch 17. Stat. at large printed 1587. f. 616 617. Keb. St. f. 863. Quarter-Sessions of the Peace holden next after Easter in Kent the Wardens and Commonalty of the Lands Contributory to Rochester-Bridge or so many of them as can conveniently attend shall for ever assemble at the Castle of Rochester near the Bridge and there elect by the most Voices two Persons of the same Commonalty such as are House-keepers and commonly resident within the County of Kent and are healthful and can attend the Office to be Wardens of the said Bridge and twelve Persons of the said Commonalty to be Assistants to the Wardens for one whole year after the Feast of Pentecost then next following at which said Elections Absence of House holders at the Election of the Wardens forfeit 10 s. a piece 27 El. ch 25. Stat. at large f. 723. Keb. f. 890. of Wardens and Assistants two Housholders at the least out of every Parish within seven miles of the said Bridge wherein any Contributory Lands lie shall be present to give their Voices at the said Elections and the two Wardens thus chosen shall do their endeavour for that Year to benefit the said Bridge and shall receive the Fines Rents and Revenues of the Lands belonging to the Bridge and of all Contribution Mony payable to the use of the same Bridge and shall answer and pay out of the same as cause shall require and the new Wardens so New Wardens bound to the former Wardens to make account and elected Wardens being absent to have notice sent in writing chosen if then present shall be bound to the former Wardens to make account of all Receipts and payment of Arrearages found upon the same and if any who is chosen Warden shall be absent at the time of Election then notice shall be given by Letter sent by one or both of the former Wardens and delivered at the Dwelling-house of such absent Person elected on pain of five pounds and every such absent Person so elected before the Feast of Pentecost then next following before the Custos Rotulorum of that County or two Justices of the Peace of the same County one to be of the Quorum shall become bound to render Account and pay of Arrearages as Forfeiture of Warden refusine to be bound and how choice is to be made of another in such case aforesaid and every Warden elected as aforesaid refusing to become bound to forfeit ten pounds to be recovered by the former Wardens in an Action of Debt for the use of the Bridge and if any refuse to stand notwithstanding the Fine or being elected and bound dies before the end of the Year then at the Quarter-Sessions of the County to be held in convenient time next after such death or refusal and before the said presixed day of Election a new one of the Commonalty qualified as aforesaid shall be chosen by the said Justices at the Sessions and by the other Warden and twelve Assistants or major-part of them present at the Sessions to serve to the end of that Year who at a convenient time to be then prefixed shall become bound as aforesaid under the pain above limited and at the Election of new Wardens and Assistants all other Officers concerning the said Bridge and their Stipends shall be appointed by the said two elected Wardens and the old Wardens Old Wardens every year to account upon Oath in the presence of the nevv Wardens shall every Year account upon Oath on Thursday in Whitsun-Week in the presence of the new Wardens or of one of them and such four of the Assistants as are assigned to be Auditors in the House called Crown-Inn in Rochester or at some other place appointed and none of the Assistants or Auditors so assigned to be absent at the Account on pain of ten pounds the Wardens and Assistants Wardens and Assistants to consent to and subscribe Leases of the Bridges Lands and for vvhat Term. or major-part of them are to consent to and subscribe to all Leases made of the Bridges Land which Leases shall be made but of such effect as Tenant in Tail may do by the Statute of 32 H. 8. chap. 8. save Leases of Houses not having three Acres of Land belonging to them which may be made for fifty Years and every seven Years shall be made a Terrer of the Lands leased and When Ovvners or Tenants of contributary Lands may be Taxed 18 El. ch 17. Stat. at large printed 1587. f. 617. Keb. Stat. f. 863. Owners Tenants of Lands contributary to the maintenance of the said Bridge shall not be assessed to