arms Commune Concilium tentum in Camera Guildhall Civitatis London, die Veneris, vicesimo septimo die Octobris, Anno Domini, 1671. Annoque Regni Domini nostri CAROLI Secundi, Dei Gratia, Angliae, Scotiae, Franciae,& Hiberniae Regis, Fidei Defensoris, &c. vicesimo tertio; coram Ricardo Ford, Milite, Majore Civitatis London, Ricardo Chiverton,& Johanne Frederick, Militibus, Johanne Robinson, Milite& Baronetto, Locum-tenente Turris, Thoma Bludworth, Willielmo peak, Samuele Starling, Roberto Hanson,& Josepho Sheldon, Militibus,& patient Ward, Armigero, Aldermannis, Jonathan daws& Roberto Clayton, Armigeris, Aldermannis ac Vicecomitibus dictae Civitatis London, necnon majore parte Communiariorum de Communi Concilio ejusdem Civitatis tunc& ibidem assemblat. An Act for settling of Lay-Stalls, preventing several Inconveniences to Passengers, and relating also to the Cleansing of the Streets and Passages within this City and Liberties thereof. WHEREAS by an Act of this present Parliament, entitled, An Act for the better Paving and Cleansing the Streets and Sewers in and about the City of LONDON, the appointing, setting out, and purchasing of Places convenient for Lay-stalls, and for public Stores for Materials and Commodities, is vested in the Maior, Aldermen, and Commons in Common Council assembled; and other Authorities therein mentioned are thereby vested in the Maior, Commonalty, and Citizens of the said City, to be managed, executed, and done by such Persons as by the said Maior, Aldermen, and Commons in Common Council assembled, shall be thereunto authorised and appointed, or by any Seven or more of them( being all Members of the said Court) and no other Persons whatsoever. Be it therefore Enacted, Ordained, and Established by the Right Honourable the Lord Maior, the Right Worshipful the Aldermen, and the Commons in this present Common Council assembled, and by the Authority of the same, and the said Lord Maior, Aldermen, and Commons in this present Common Council assembled do hereby appoint, That the several Pieces or Parcels of Ground hereafter name, that is to say, a Piece or Parcel of waste Ground on the South-side of the hither end of Mile-end Green, adjoining to the High-way there, extending from the Place called the Fort, to the hither end of the Wall of the House and Ground called the read Lion; a Piece of Ground on the West-side of and contiguous to Dowgate-Dock, now or late in the Possession of Job clerk; a Piece or Parcel of Ground on the East-side of and contiguous to Puddle-Dock, now or late in the Possession of John Cock, and a Piece or Parcel of Ground on the West-side of and contiguous to Whitefriers-Dock, now or late in the tenor or Possession of Robert Gosling, shall be from henceforth Places for Common Lay-stals, to be employed for the public use and Benefit of this City and Liberties thereof, in such manner as the Commissioners authorised or to be authorised by this Court according to the said Act of Parliament, or any Seven or more of them shall order and direct; and the said Commissioners or any Seven or more of them shall by Warrant under their Hands and Seals directed to the Chamberlain of this City for the time being, order the Payment of all such Sums of Money as are or shall be agreed upon concerning the same between the respective Proprietors of the said Grounds and the said Commissioners; which Agreements the said Commissioners are hereby empowered to perform and make, and the said Chamberlain for the time being shall make Payment thereof accordingly out of the Moneys arising by the Imposition upon Coals, according to the aforesaid Act of Parliament. And the said Commissioners or any Seven or more of them are hereby farther authorised, as need shall require, to appoint and set out such and so many other Parcels of Ground for common Lay-stals, and for public Stores for all sorts of Fuel, and for all sorts of Materials for Pitching, Paving, and Cleansing the Streets, and for other Commodities for public use, as from time to time shall be by them found requisite and necessary; and to make Agreement with the Proprietors of the said Grounds, and to order Payment for the same in manner as aforesaid, and the Ordering and Managing of the said Places when set out and appointed shall be in the said Commissioners or any Seven or more of them; And that all the Profits thereof shall be paid unto the Chamberlain of this City for the time being, for the use of the Maior, Commonalty, and Citizens of the same, and distinct Books of accounts shall be kept concerning the same, and the said Profits shall be disposed of from time to time, as the said Commissioners or any Seven or more of them shall appoint to be approved of by this Court. And be it Enacted by the Authority aforesaid; That the said Commissioners or any Seven or more of them shall from henceforth have Authority, and are hereby empowered from time to time to summon, inquire after, examine, and in default of Appearance upon such Summons or Submission to the censure or judgement of the said Commissioners or any Seven or more of them, to cause to be Indicted or informed against at the Sessions of the Peace to be held for this City, all such Persons as have made and shall continue within this City and Liberties thereof any Bulks or Stalls contrary to the ancient usage and Custom of this City and several late Acts of Parliament, or have made and shall continue any Stall-Boards above the breadth allowable by the said ancient usage and Custom and Acts of Parliament, or shall set Goods and Commodities or Materials for Building into the Common Streets and Common Passages within this City or Liberties thereof, or shall hang out Goods to the Hindrance or Damage of Passengers, or their Neighbours Trade, or straightening the common Passage, or shall throw out or cast into the Streets, any Dust, Soil, or Rubbish, or shall dig any Pits or Drains, or otherwise intermeddle with the Pavements( without Licence from the said Commissioners or any Seven or more of them) which shall tend to the obstructing or Annoyance of the Ways, Passages, or Water-courses of this City. And further be it Enacted by the Authority aforesaid, That from henceforth no Beggars or Vagrants, Tankard-bearers, Porters, or other persons whatsoever bearing any kind of burdens on their Heads, Backs, or Arms, Horses, or any kind of cattle, shall be permitted at any time of the day from Six of the clock in the Morning, until Nine of the clock at Night, to go on, pass, or be led upon the flat Pavements in any Street between the Houses and the Posts adjoining to the said flat Pavements, except only for going into the said Houses directly across the said Pavements, under the penalty of five shillings for every Horse or other kind of cattle whatsoever, and three shillings four pence for every Tankard-bearer, Porter, and other person carrying burden as aforesaid, for every Offence, and the said Beggars and Vagrants to be punished according to the Laws already in force: And that all Constables within this City and Liberties thereof and other Officers employed, or to be employed, by the said Commissioners or any Seven or more of them( who shall have power and are hereby authorised and directed to employ such persons accordingly) and all Marshals and their Men and Warders are to take special care to prevent the said Offences and to apprehended all such Offenders; And in case the said Marshals or their Men or Warders shall be negligent in doing their Duty herein, it shall be lawful for the Lord Maior for the time being and his Successors, upon due proof of such Neglect, to amove such Marshals and their Men, and other inferior Warders, and others to put in their places. And further be it Enacted by the Authority aforesaid, That no Street-Car or Brewers Dray shall from and after the Tenth day of December next ensuing, be drawn with more than one Horse within this City or Liberties thereof, unless in such case only where the Load cannot be divided, and that the Weight thereof shall require more than one Horse for the draft thereof, and in case also of drawing up any the Hills from Thames-street, and up Holborn-Hill, upon the penalty of Ten shillings by the Owner of such Car or Dray which shall break this Law, for the first Offence, Twenty shillings for the second Offence, and Thirty shillings for the third and every other Offences, and that the supernumerary Horse and Horses shall and may be seized and impounded by the Officers appointed to take care of the before-mentioned Offences, or any of them, or by such Officer or Officers as are or shall be appointed by the President, Treasurer, and Governours of Christs Hospital for the time being for taking care of Cars and Car-men until the said penalty be paid. And be it further Enacted, That all Cars, Wagons, Drays, and other Carriages during all the time of their Loading and unloading within the Streets of this City and Liberties thereof, unless before Six of the clock in the Morning, and after Eight of the clock in the Evening, from Lady Day to Michaelmas, and before Eight in the Morning, and after Six in the Evening from Michaelmas to Lady Day, shall stand side-waies the long way of the Street, and not across the same, that so Passengers may safely go between the Houses and Carriages( Except for such Goods and Commodities as are not portable) And that no Dray upon any occasion whatsoever, shall from henceforth stand in any Street or Passage within this City or Liberties thereof, but where a Coach or other Dray may pass by such Cart or Dray so standing: Nor shall stand any longer time than for Loading or unloading, or other case of absolute Necessity: And that if any person or persons shall cause his or their Car or Carriages to be set otherwise in Loading or unloading, he and they shall forfeit three shillings four pence for every such Offence; and upon the penalty that every Owner and Owners of every Dray standing contrary to this Act shall forfeit three shillings four pence for every Offence, and the Horse and Dray shall be impounded by any the Officers aforesaid, till Payment thereof. And be it further Enacted by the Authority aforesaid, That from and after the said Tenth day of December next ensuing, all the Dung, Soil, Filth, Seacoal-Ashes, and other Dirt, as well from all the Streets, Lanes, and Passages, as from all the Houses of the Inhabitants within this City and Liberties thereof, shall be carried away by such persons or their Servants, who are at present or that shall or may from time to time hereafter be permitted or allowed to work any Car or Cars within this City or Liberties thereof, by the said President, Treasurer, and Governours of Christs Hospital, in such Manner and Method, and for such consideration as by the said Commissioners or any Seven or more of them, and the Fellowship of Car-men, shall from time to time be agreed upon; and in case the said Commissioners and Fellowship cannot or shall not agree for or touching the carrying away the Soil as aforesaid: That then and in such case, it shall and may be lawful to and for the said President, Treasurer, and Governours of Christs Hospital, and they are hereby required, and empowered, upon Certificate from the said Commissioners, to licence such number of Cars as the said Commissioners or any Seven or more of them shall think fit, t no exceeding Eighty over and above the Four hundred and twenty licenced by former Acts of Common Council, which said Cars are to be disposed of by the said Commissioners for the better carrying on their works, and are hereby enabled to do such other work as other Street-Cars do or may do, and the Owner and Owners thereof shall in all points( excepting for carrying of Soil and other works to be done by Order of the said Commissioners) be under the Regulation of the said President, Treasurer, and Governours, as other Street-Cars, and shall pay such Rent as by the said President, Treasurer, and Governours with the said Commissioners or any Seven or more of them shall be adjudged fit and reasonable, not exceeding Seventeen shillings four pence per annum apiece. And it is Enacted by the Authority aforesaid; That one Act of Common Council bearing date the One and Twentieth day of June, 1665. touching the Ordering and Disposing of Cars, and all and every the Clauses therein contained, be put in due and effectual Execution by the said President, Treasurer, and Governours, and that the said Commissioners be assisting to them therein. And it is Enacted, That all Pains, Penalties, and Forfeitures in and by this Act before limited and appointed, in case the same shall not be paid to the said Commissioners or seven or more of them, upon Summons to the respective offenders before-hand made for their appearance before the said Commissioners concerning Payment thereof, shall and may be recovered by Action of Debt, Bill, or Information, in the name of the Chamberlain of this City for the time being, in his Majesties Court holden before the Maior and Aldermen of the said City in the Chamber of the Guildhall of the City of London, wherein no Essoin or Wager of Law shall be admitted or allowed for the Defendant, and after recovery thereof, one third part shall be to the Prosecutor, and the other two parts and residue thereof( after all charges out of the said two parts deducted) to the Poor of Christs Hospital in London, to be employed for and towards their Relief; In all which Suits to be brought by this Act, the Chamberlain shall recover his ordinary Costs and Charges, to be expended in and for recovery of all such Forfeitures against the Offender or Offenders; and in case the same Pains, Penalties, and Forfeitures shall be paid to the said Commissioners or any Seven or more of them upon Summons, as aforesaid, without any further process, one third part shall be disposed by the said Commissioners for Encouragement of their Officers who shall take pains in the matter aforesaid, in such manner as they shall think fit, and the other two parts shall be disposed to the Poor of the Hospital as is aforesaid. And lastly, be it Enacted by the Authority aforesaid, That the Wardens and Assistants of the Fellowship of Car-men, now consisting of Twenty three in number, shall be forthwith increased and made up to the number of Forty one, and shall so continue for ever hereafter: And that the Eighteen to be so added, and so upon any Choice or Election of others for the future upon any Avoidance, shall be such Persons as have or shall actually serve an Apprenticeship to the said Calling of a Car-man, and no other. Avery. Printed by Andrew clerk, Printer to the Honourable City of LONDON, at his House in Aldersgatestreet. MDCLXXI.