William III, 1696-7: An Act for explaining and enforcing the Act for paving and cleansing the Streets within the Cities of London and Westminster and Borough of Southwark... [Chapter XXXVII. Rot. Parl. 8 & 9 Gul.III.p.11. nu.6.]

Recital of 2 W. & M. Sess. 2. c.8.

Persons inhabiting within the Bills of Mortality, to cause the Streets, &c.; before their Houses, &c. to be swept twice a Week.; penalty 10s.

Whereas by an Act made in the Second Yeare of the Reigne of his 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 Country of Middlesex and in the Borough of Southwarke and other Places within the weekly Bills of Mortality in the County of Surrey and for regulating the Marketts therein mentioned there are several Om[m]issions which hinder the Intentions of the said Act For remedy whereof be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal & Co[m]mons in this present Parliament assembled and by the Authority of the same That from and after the Tenth Day of April One thousand six hundred ninety seven all and every Person and Persons inhabiting in the said Parishes of Middlesex and Westminster and in the Liberties thereof and in the Borough of Southwark or in any of the Streets and Lanes or Alleys comprized within the weekly Bills of Mortality and the Town of Kensington shall twice in every Week (that is to say) on every Wednesday and Saturday att the least between the Houres of Six and Nine of the Clock in the Forenoon sweep and cleanse or cause to be swept and cleansed all the Streets Lanes Alleys and publick Places before their respective Houses Buildings and Walls( (fn. 1) ) of Churches and other publick Places to the end the Dirt and Soyl in the said Streets may be heaped ready for the Scavenger to carry away upon paine to forfeit Ten shillings for every Offence to be recovered as other the Penalties and Forfeitures in and by the said recited Act are ordered and directed.

II. Penalties how applied.

And be it further enacted by the Authority aforesaid That if any Conviction upon this or the said Act shall be by the View or Knowledge of any One or more Justice or Justices of the Peace then one Halfe of the Penalty therein mentioned shall be to the Relief of the Poor and the other Moiety (if for a default of Pavement) to be imployed for and towards the repairing paving and cleansing the said Streets and Places to be paid to the Scavenger of the said Place and by them imployed for that Use or otherwise to the Relief of the Poor as in and by the said recited Act is ordered and directed.

III. Where one Side only of Street, Lane, &c. within Bills of Mortality are paved, Justices may cause the Side without the Bills to be paved also.; Penalty.

And be it further enacted by the Authority aforesaid That in case any Place within the Bills of Mortality aforesaid shall be by the Justices of the Peace ordered to be paved and the other Side or Part of the said Street Lane or Place be out of the said Bills of Mortality that in that Case it shall and may be lawfull for the said Justices of Peace to cause the said other Part or Side of the said Street Lane and Place to be also paved by the respective Inhabitants next adjoyning under the same Penalty and in the same Manner to all Intents and Purposes as if the same had been within the said Bills of Mortality Any thing in the said recited Act or any other Act whatsoever to the contrary in any wise notwithstanding.

IV. Recital of 2 W. & M. Sess. 2. c. 8. §20.; The said Clause to be put in Execution.

And whereas by the said Act made in the Second Yeare of the Reigne of his now 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 Middlesex and in the Borough of Southwark and other Places within the weekly Bills of Mortality in the County of Surrey and for regulateing the Marketts therein mentioned the breeding feeding and keeping any sort of Swine within the Backsides of paved Streets of the said Cities Boroughs or Parishes where the Houses are contiguous is prohibited on paine of forfeiting all such Swine which neverthelesse hath not prevented the same but that the Inhabitants of the said Citys and Burrough are still much annoyed and the Health and Lives of many Families endangered by the unwholesome Savour of such Swine which are still in great Numbers kept within the Backsides of several paved Streets of the said Cities and Borough For remedy whereof be it enacted by the Authority aforesaid That the said Act and the Clause therein against the breeding feeding and keeping of Swine shall be from and after the said Tenth Day of April One thousand six hundred ninety seven effectually putt in execution against all Persons whatsoever who shall presume to breed feed or keep any manner of Swine within any Part of the Houses or Backsides of the paved Streets or Lanes of the said Cities Borough or Parishes so farr as the contiguous Buildings of them or any of them shall extend or within the space of Fifty Yards thereof.

V. If any Liberty, Precinct, &c. within the weekly Bills of Mortality be unable to repair their own Highways and perform the Days' Work on other Highways, the Justices may allow so many Days' Works as they think fit for repairing the same, and the Residue to be employed on the other Highways.

And be it further enacted by the Authority aforesaid That where there is any Liberty Precinct or Vill in any Parish or Parishes within the weekly Bills of Mortality that uses to repaire their owne Highways and that are or shall be unable to repare the same and also to performe the Days Work which they are liable to do to the other Highways within the Parish or Parishes wherein such Liberty Precinct or Vill lyeth then from and after the said Tenth Day of April One thousand six hundred ninety seven it shall and may be lawfull to and for the Justices of the Peace att their Special Sessions to be held every Foure Months for the Consideration of the High-ways to allow or appoint so many or such a Proportion of the Days Works as are yearely to be performed by the respective Inhabitants of any such Liberty Precinct or Vill as the said Justices in their Discretions shall think fitt to be imployed by the same Inhabitants of such Liberty Precinct or Vill in the repairing of the same Highway or Highways within any such Liberty Precinct or Vill which Days Works so to be allowed or appointed the Inhabitants of the same Liberty Precinct or Vill shall doe and peforme accordingly and then onely the Residue of the Days Works as such Inhabitants are liable to doe shall be imployed in repairing of the other Highways within the Parish or Parishes wherein such Liberty Precinct or Vill lyeth Any Act Statute Usage or Custome to the contrary in any wise notwithstanding.

VI. Highway, leading from Tottenham Court towards Tyburn to be paved by such Persons as heretofore used to pave the same.

And it is hereby further enacted & declared for avoiding any Doubt touching the paving repairing and amending so much of the ancient High-way now built on both Sides thereof leading from Tattenham Court neare Saint Giles's Pound towards Tiburne That so much of the said ancient Way shall be hereafter repaired paved and maintained by such Person and Persons as have heretofore used to repaire pave or maintaine the same under the Penalties aforesaid Any thing in this Act contained to the contrary thereof in any wise notwithstanding.

VII.

Commissioners Names.; Commissioners empowered to treat with the Owners of such Houses on London Bridge as they shall think fit to be pulled down; &c.; In case of Refusal to treat, or through Disability by Nonage, &c. Sheriffs of London or Surrey to return a Jury to assess Damage and Recompence, &c.; Verdict of Jury binding; and a full Authority to Commissioners.

And whereas the Mayor Co[m]monalty and Citizens of the City of London have of late Yeares with great charge & difficulty pulled downe and new built all the Houses upon London Bridge and caused the Street or co[m]mon Passage over the same to be opened and enlarged which good and publick Intention is not yett perfected by reason of certaine Tenements on or neare the South-End of the said Bridge which yett continue a greate Annoyance and Prejudice to trade and co[m]merce by occasioning frequent Stops and to the endangering the Lives of many Passengers Be it enacted by the Authority aforesaid That Sir Robert Clayton Sir William Ashhurst Sir Richard Onslow Baronett Denzill Onslow Esq[uire] Anthony Bowyer Esq[uire] Charles Cox Esq[uire] John Arnold Esq[uire] Samuel Lweyn Esq[uire] Thomas Wymondesall Esq[uire] William Gulston Esq[uire] Francis Wilkinson Esq[uire] Thomas Roffey Esq[uire] John Riches Esq[uire] Sir John Fleet Sir John Parsons Sir James Houblon Sir Richard Levett Spencer Cooper Esq[uire] Joseph Scriven Esq[uire] or any Eleven of them shall have full power and authority and are hereby impowered to treat and agree with the Owners and Occupiers of any such Houses as they shall judge fitt to be removed rebuilt or pulled downe or any Part of them and upon Payment of such Su[m]m or Su[m]ms of Money so agreed upon are hereby authorized to appoint Workmen to pull downe the said Houses or cause the said Owners or Occupiers to rebuild accordingly and this Act shall be sufficient to indempnify the said Co[m]missioners and all Persons authorized by them against the Owner or Owners or Occupiers and the Heires Executors Administrators or Assignes of any the said Owners or Occupiers as if the same had been sold by Deed Feoffment Bargaine and Sale or other Assurance in the Law and done by Fine and Recovery or any other Way whatsoever and if there shall be any Persons Bodies Corporate or Collegiate that shall wilfully refuse to treat and agree as aforesaid or through Disability by Nonage Coverture or special Entail or other Impediment cannot that in such Cases the said Co[m]missioners are hereby authorized by virtue of this Act to issue but a Warrant or Warrants to the Sheriffs of London or Surrey for the time being as the Case shall require (who are hereby required accordingly) to impannel and returne a Jury before the said Co[m]missioners or any Eleven of them which Jury upon their Oaths to be administred by the said Co[m]missioners are to enquire and assesse such Damage and Recompence as they shall judge fitt to be awarded to the Owners and Occupiers of either of them of any such Houses or any Part thereof as well in respect to his or their Losse in Trade as his or their respective Interest and Estates in the said Houses as by the said Co[m]missioners shall be adjudged fitt to be pulled downe for the Purposes aforesaid and such Verdict of the Jury and Judgement of the said Co[m]missioners thereupon and the legal Payment or Tender of the Su[m]m or Su[m]ms of Money so awarded and adjudged shall be binding to all intents and purposes against the said Parties their Heires Executors Administrators and Assignes and others claiming any Title or Interest in the said Houses or in the Ground whereon they stand or thereunto belonging and shall be a full Authority for the said Co[m]missioners or any Eleven of them to cause the same to be executed and the said Houses accordingly to be removed and pulled downe or any Part of them.

VIII. Commissioners to take Oath for executing Act.

Provided always and be it further enacted by the Authority aforesaid That no Person shall be enabled to act as a Co[m]missioner to the intents and purposes aforesaid until he shall have first taken his corporal Oath before the Lord Chancellor or Lord Keeper of the Greate Seale of England for the time being for the due and impartial execution of the Trust by this Act reposed in him.