AN ACT OF Common-council MADE The Eleventh day of September, in the year of our Lord 1655. For the better avoiding and prevention of Annoyances within the City of London, and Liberties of the same. blazon of the City of London Octob: 23 Printed by James Flesher, Printer to the Honourable City of London, 1655. blazon of the City of London Tack Mayor. A Common Council holden in the Chamber of the Guild-hall of the City of London the eleventh day of September in the year of our Lord 1655. An Act of Common-council for the better avoiding and prevention of Annoyances within the City of LONDON, and Liberties of the same, and for the preservation of the same from all manner of Filth and filthy Stenches and unwholesome Smells. FOrasmuch as it is found by daily experience, That notwithstanding many good Laws, Orders, and Ordinances heretofore made for amoving and preventing of annoyances and abuses by Dust, Dirt, and Soil, Filth, noisome Stenches and Smells within the Streets, Lanes, and other places of this City and Liberties thereof; yet through the great unskilfulness, ignorance, and negligence of the Officers called Scavingers, and their Substitutes, principally occasioned by the yearly renewing and change of the persons, and the many particularities and divisions of them and their powers and authorities restrained and limited into, and unto every Parish and Precinct; the Streets, Lanes, and Alleys of the said City, and Liberties thereof, are continually much pestered and made extreme offensive to the Inhabitants and Passengers, with ashes, dust, dirt, rubbish and filth, and with noisome and unwholesome smells, the Common Sewers and passages for Water are choked up, and the River of Thames made daily less Navigable by the Seacole-Ashes and other Soil washed out of the Streets. For the prevention and hindrance of all which annoyances, and preservation of the said City and Liberties thereof, in all possible cleanness and wholesomeness, an expedient and fit means hath been contrived and propounded by John Lanyon Esquire, which having been throughly and duly considered of, and judged most advantageous, and conducing to that end, is allowed and approved of: And the said John Lanyon hath undertaken the execution and performance thereof. For the better effecting whereof, Be it Enacted by this Common Council, That the particulars ensuing be hereafter duly kept and observed by all and every person and persons inhabiting within this City and Liberties thereof, or resorting thereunto respectively, as they and every of them tender the Honour and Welfare of this City, and the Government there of, viz. That every Street, Lane, Market-place, public Wharfe, Key, Court, open and public Yard, way and passage within the said City and Liberties thereof, shall from time to time, and at all times hereafter be maintained and kept by every particular Inhabitant or Owner respectively, according to the extent, length, and latitude of the house, building, or ground of every particular Inhabitant or owner toward the respective Streets, Lanes, Alleys, public Wharves, Keys, Courts, open and public Yards, ways and passages aforesaid, with meet, convenient, sufficient, and due proportioned pavements and currents for water to pass; And that no Seacole-ashes or other matter but gravel only be used by any Pavier or other, for paving, or amending of pavements in and for the Foundation thereof. And that no person or persons whatsoever now or hereafter inhabiting or residing within this City or the Liberties thereof, by themselves or any of their Family, nor any other by their allowance, commandment, means or sufferance, after the five and twentieth day of December, which shall be in the year of our Lord God, One thousand six hundred fifty and five, either in the night or day time shall cast, lay, or leave, or suffer to be cast, laid, or lest, or permit to remain before his, her, or their own doors, walls, or houses in any Streets, Lanes, Alleys, common Courts, or Court-yards within this City and Liberties thereof: Nor shall any person or persons whatsoever, cast, lay, or leave in any of the said Streets, Lanes, Alleys, common Courts, or Court-yards, any Seacole-ashes, Oyster-shells, bones, horns, tops of Turnips or Carrots, the shells or husks of any Peas or Beans, nor any dead Dogs or Cats, offal of Beasts, nor any other carrion or putrid matter or thing, nor any Ordure or Excrements of Mankind or Beast, nor any manner of Rubbish, Dust, Dirt, Soil, Filth, nor any other filthy or noisome thing whatsoever; Nor shall make, temper, lay, cast, or throw any Lime, Mortar, Day, or Loame; nor lay, throw, place or leave any Bricks, Stones, Earth, pieces of Timber, or Wood, nor break, nor beat down any walls of brick or plaster in the Streets, Lanes, Alleys, common Courts, or Court-yards aforesaid, for the building or repairing of any House or Houses, Edifice or Structure, or for any other use or purpose whatsoever, otherwise then within a Whored or Enclosure separated from the common and open way according to the ancient and accustomed manner; Nor shall scatter, spill, nor suffer to be scattered or spilt in any the Streets, Lanes, Alleys, public Wharfes, Keys, Courts, and passages aforesaid any manner of Dung, Soap ashes, Earth or Rubbish; nor any Straw, Hay, Weeds, or other matter or thing used for packing or stuffing of any kind or sort of Wares, Merchandizes, or Victuals; Nor shall unlawfully burn, or expose to be burned any Wood, Straw, Hay, or other combustible matter in the Streets and places aforesaid, within this City and Liberties aforesaid. Provided always that this Act, or any thing herein contained shall not extend, or be construed to extend to the scattering or spilling of any Hay, Straw, Stubble, Brakes, Herbs, Leaves, or other things within the compass or precinct of any the public Market-places of this City and Liberties thereof by the people resorting thereunto, for buying or selling there, occasioned by the unloading, unpacking, or opening, or loading, or packing up of any manner of Goods, Wares, Merchandizes, or Victuals which shall be brought to the same Market-places there to be sold, or which shall be there bought: Nor to the scattering or spilling of any such Hay, Straw, Stubble, Brakes, Weeds, Herbs, Leaves, or other things in any Streets or public places of the said City or Liberties thereof, occasioned by the unloading or unpacking, or loading or packing up of any Goods, Wares or Merchandizes, which shall be brought into, or carried from any Warehouse, Shops, or Inn within the said City or Liberties aforesaid. Provided nevertheless, and be it Enacted, That the respective Shopkeepers, Warehouse-keepers, and Innkeepers, of the Shops, Warehouses, and Inns aforesaid, do immediately sweep, and gather up, or cause to be immediately swept and gathered up into meet Vessels all such scatter and spillings of Hay, Straw, Weeds, or other things made, or caused to be made by his, her, or their particular occasions, and so keep the Streets, as thence no Dirt, Soil, or annoyance arise unto the adjacent parts and places, the same vessels to be emptied into the soil Carts. And be it further Enacted for the purposes aforesaid, That no person or persons shall hoop, wash, or cleanse any Pipes, Barrels, or other Casksor Vessels, nor wash, scour, or rinse any Cloth or other things in any the Streets, Lanes, or open passages aforesaid: Nor shall any Coachman, Carman, Drayman, Carter, or other person, feed or cause to be fed (except out of the hand or basket without scattering) any Horses or Oxen, or other Beasts or Cattles with Hay, Straw, Grains, or other things: Nor sift any ashes, nor keep, or cause to be kept or fed any Pigs or Swine, Ducks, Geese. Cocks, Hens, Chickens, Turkeys, or any other Fowl, or Poultry in the Streets or places aforesaid. And be it further Enacted, That every Inhabitant within every the Streets, Lanes, Courts, Alleys, open ways and passages within the said City and Liberties thereof, shall daily every morning by eight of the clock in the morning from the 29 th'. day of September, till the five and twentieth day of March, and by seven of the clock in the morning, from the five and twentieth day of March, till the nine and twentieth day of September, cause and procure his, her, and their respective pavement to be duly and cleanly swept, and the Dust, Dirt; and Soil arising thereupon to be laid together in some convenient place ready for the Soile-cart to take away: And shall likewise in like manner every morning cause and procure all the Sea-coal ashes, Dirt, Dust, and Filth daily arising, and made within his, her, and their respective houses and habitations (all manner of Rubbish only excepted) to be daily brought forth in meet Vessels to the door, to be there ready to be taken away by the respective person or persons attending or driving the Soile-cart upon his or their call, or giving notice of coming therewith. And be it further Enacted, That the present rates, taxes, and assessments for Scavingers and Rakers duties be hereafter duly and continually rated, taxed, assessed, raised and levied by the Parishioners and Inhabitants of every Parish and Precinct within this City and Liberties thereof according to the ancient custom and usage of this City: And all new Messages, Tenements, and Houses within the limits aforesaid, shall be likewise rated, taxed and assessed proportionably with others: And that as well the assessments for the same, as for any other charges concerning the cleansing or amending the Streets or Currents wherein many Inhabitants are jointly concerned shall be made: And the Defaulters proceeded against according to Law, and the ancient usage, custom, and Ordinances of this City, and for the due and careful prosecution and execution of all and singular the before mentioned premises. It is Enacted by this Common Council, That the said John Lanyon shall be, and is hereby constituted and appointed Surveyer General of the Streets, and shall from time to time take and have the view and survey of the several Streets, Lanes, Alleys, and common passages and places aforesaid, to find out and discover every or any offence or abuse committed, omitted, done or suffered in any of the aforementioned particulars, or otherwise to the Nuisance of the Inhabitants of this City and Liberties thereof: And also to view and peruse the several presentments made yearly of the Wardmote Inquest, which (or the copies thereof) are for that purpose to be delivered him: And thereupon after fourteen day's notice to the persons concerned, and the not removing or reforming the offence or Nuisance within the time aforesaid, cause a speedy and strict prosecution to be had and made against all such Offenders by information, presentment, or otherwise according to Law, or to the Acts, Orders, Customs and Usages of this City, To the end such persons may have such Fines imposed upon them, or receive such punishment as their favits shall deserve, and as in justice may be inflicted upon them. And it is hereby further Enacted, by this Common Council, That the said John Lanyon and his Assigns shall have sole, full, and absolute: power and authority daily and every day (except Sabbath days and such other days as shall be prohibited, and forbidden by public authority) to take cart, and carry away in shut, close, and covered Carts to be brought into, and pass through every the Streets and Places aforesaid passable, and to the Entries, Doors and Gates of the places aforesaid not passable, from and after the five and twentieth day of December now next coming, for and during the full time and space of twenty and one years, from thence next ensuing, and fully to be complete and ended, at meet and convenient time and times in the day time, all and all manner of Seacole-ashes, Dust, Dirt, Soil and Filth that shall be so swept up and laid together without doors, or made and brought forth from within doors as aforesaid, or found in the Streets, and likewise that shall happen at the coming and passage of the said Carts to be found lying in the Streets, Lanes, and places aforesaid, whereby the Streets and places aforesaid may be preserved and kept sweet and clean. For the better effecting whereof, and removing all causes and colours of excuse It is Enacted by, and with the consent of the said John Lanyon, That he the said John Lanyon or his Assigns shall cause and procure a loud Clapper always to attend every such Cart, and to be sounded and make distinct and loud noise at the coming and approach thereof into the Streets and places passable as aforesaid, and to be sounded in every Court, Alley, or place into which the said Carts cannot pass, and such Carts to abide and stay at the entrance into such Court. Alley, or place, or some other convenient place near thereabouts, whilst the Inhabitants may bring, or cause to be brought their respective Dust, Dirt, Filth and Soil to the respective Carts so staying as aforesaid. And that the said john Lanyon or his Assigns during the term aforesaid shall from time to time, and at all meet and convenient times in the day time have the use of all such public Wharves for unloading of any of the said Carts into Lighters, Barges, or other Vessels, and for staying the same Lighters, Barges, or other Vessels as are in the dispose of this Court, or of the particular Wards of this City, he and they paying for the same such rates and prices as shall be adjudged reasonable and fit by indifferent persons for that end to be chosen and appointed: And that such part of the said Ashes, Dust, Dirt, and Soil as shall not be so transported, or carried away by water, the said john Lanyon and his Assigns shall from time to time, and at all times during the said term of twenty and one years, carry, lay up, and dispose of at such fit distances to be a quarter of a mile at the least from the said City and the continued buildings of the Suburbs, or in such manner as no stench, noisome, or unwholesome smell or other nuisance thence arise unto this City, Liberties, or Suburbs thereof. And for the better encouragement, enablement, satisfaction and recompense of the said john Lanyon and his Assigns in his and their execution, prosecution, and performance of the aforesaid office and place of General Surveyor, and the provision and charges to be by him made and sustained for, and in the cleansing and keeping clean of the said Streets, Lanes, Alleys and places aforesaid, within this City and Liberties thereof, and taking and carrying away the said Soil during the said term of twenty and one years, according to the true intent and meaning hereof. Be it further Enacted, That all and every the said Assessments, Rates and Taxes so to be assessed, rated and taxed as aforesaid, shall quarterly, or within twenty eight days next after every of the four usual Quarter days in the year, yearly during the said term of twenty and one years, be duly and truly satisfied and paid unto the said john Lanyon or his Assigns by the respective Scavingers thereof: And also that the said john Lanyon or his Assigns may have and take one full moiety, or half part of all and every the Fines, Paines, and Mulcts that shall happen to be imposed, laid, or set upon any person or persons for breach or transgression of any Law, Order, Matter or Thing herein contained, the charges and expenses in and about prosecution, being first deducted and allowed to the Prosecutors: And likewise that all present contributions and allowances made, given and paid for, and towards the cleansing of the respective Market places, Grates, Wharfes and Keys within this City and the Liberties thereof, shall duly and orderly during the said term of twenty and one years be allowed, given, and paid unto the said john Lanyon and his Assigns. Provided always, and it is Enacted, That the said john Lanyon shall not at any time alienate and assign the premises or any part thereof without licence of this Court under the Common Seal of the said City first had and obtained. And if in case the said work (as to the part of the said john Lanyon and his Assigns) shall not be well and sufficiently done and carried on: And the Common Council of this City shall give notice thereof to the said John Lanyon or his Assigns by writing. Then if he or they shall not from time to time, and at all times during the said term of twenty and one years within six weeks after such notice, amend and rectify such defaults, Then the power and authority hereby granted, and every clause, article and thing in this Act contained, may by Act of Common Council be declared null and void; And the same after such Declaration shall be and become forthwith null and void to all intents and purposes, any thing to the contrary notwithstanding. And for the purposes aforesaid, be it Enacted, That Indentures shall be made between the Mayor, and Communality and Citizens of this City of LONDON of the one part, and the said john Lanyon of the other part, under the Common Seal of this City for the confirmation of the several Grants and allowances hereby made unto the said john Lanyon, and his Assigns during the said term of twenty and one years under Covenants on the said john Lanyon's part, to do, perform, and execute all every the matters and things herein contained to be by him done, performed and executed concerning the cleansing of the Streets and places aforesaid according to the true intent and meaning hereof: With a Proviso to be void upon the Conditions aforesaid in this Act before mentioned.