Page:Ruffhead - The Statutes at Large - vol 3.djvu/743

 A. D. 1697. Anno octavo & nono GULIELMI III. C. 37. Manner, to all Intents and Purpofes, as if the fame had been within the faid Bills of Mortality; any thing in the faid recited Act, or any other Act whatſoever to the contrary in any wife notwithſtanding. IV. And whereas by the faid Act made in the fecond Year of the Reign of His now Majefty and the 2 w. & M. ff. 24 late Queen MARY, intituled, An Atl for paving and cleanfing the Streets in the Cities of London and Weſt- c. 8. §. 20. minfter, and Suburbs and Liberties thereof, and Out Perifhes in the County of Middlefex, and in the Borough of Southwark, and other Places within the weekly Bills of Mortality in the County of Surrey, and for regu lating the Markets therein mentioned, the breeding, feeding, and keeping any Sort of Swine within the Backfides of paved Streets of the faid Cities, Borough or Parifhes, where the Houfes are contiguous, is prohibited, on Pain of forfeiting all fuch Swine, which neverthelefs hath not prevented the fame, but that the Inhabitants of the faid Cities and Borough are ſtill much annoyed, and the Health and Lives of many Families endangered by the unwholfome Savour of fuch Swine, which are ftill in great Numbers kept within the Backlides of feveral paved Streets of the faid Cities and Borough:' For Remedy whereof C be it enacted by the Authority aforefaid, That the faid Act, and the Clauſe therein againſt the breeding, Claufe in the feeding, and keeping of Swine, fhall be from and after the faid tenth Day of April one thoufand fix bun- Act aforefaid a- dred ninety-ſeven, effectually put in Execution againſt all Perfons whatſoever who fhall prefume to breed, rainft breeding feed, or keep any Manner of Swine, within any Part of the Houfes or Backfides of the paved Streets or Lanes of the faid Cities, Borough or Parifhes, fo far as the contiguous Buildings of them or any of them rutin Execution. fhall extend, or within the Space of fifty Yards thereof. or feeding of Swine, to be of Mortality be unable to repair ways, and per- V. And be it further enacted by the Authority aforefaid, That where there is any Liberty, Precinct or If any Liberty, Vill, in any Pariſh or Parifhes within the weekly Bills of Mortality, that uſes to repair their own High- Piccinct, &c. in ways, and that are or fhall be unable to repair the fame, and alſo to perform the Days Works which they the weekly Bills are liable to do to the other Highways within the Parifh or Parifhes wherein fuch Liberty, Precinct or Vill lieth, then from and after the faid tenth Day of April one thouſand fix hundred ninety-feven, it fhall and their own High- may be lawful to and for the Juftices of the Peace, at their Special Seffions to be held every four Months for the Confideration of the Highways, to allow or appoint fo many or fuch a Proportion of the Days form the Days Works, as are yearly to be performed by the reſpective Inhabitants of any fuch Liberty, Precinct or Vill, Work, the Juf- may allow as the faid Juftices in their Difcretions fhall think fit, to be employed by the fame Inhabitants of fuch Li- fo berty, Precinct or Vill, in the repairing of the fame Highway or Highways, within any fuch Liberty, Pre-Works as they cinct or Vill, which Days Works fo to be allowed or appointed, the Inhabitants of the fame Liberty, Pre- think fit for re- cinct or Vill, fhall do and perform accordingly, and then only the Refidue of the Days Works as fuch pairing the fame, Inhabitants are liable to do, fhall be employed in repairing of the other Highways within the Parifh or Pa- &c. rifhes wherein fuch Liberty, Precinct or Vill lieth; any Act, Statute, Ufage or Cuftom to the contrary in any wife notwithſtanding. C C 687 AU VI. And it is hereby further enacted and declared, for avoiding any Doubt touching the paving, repair- Highway lead- ing and amending ſo much of the ancient Highway now built on both Sides thereof, leading from Tattenham ing from Tat- tenham Court Court near St. Giles's Pound towards Tiburn, That fo much of the faid ancient Way fhall be hereafter re- towards Tiburn paired, paved, and maintained by fuch Perfon and Perfons as have heretofore uſed to repair, pave or main- to be paved by tain the fame, under the Penalties aforefaid; any thing in this Act contained to the contrary thereof in any fuch as hereto- wife notwithſtanding. fore used to pave impowered to treat with the dowr, &c. VII. And whereas the Mayor, Commonalty, and Citizens of the City of London, have of late Years, the fame. with great Charge and Difficulty, pulled down and new built all the Houfes upon London Bridge, and Intention is not yet perfected by reafon of certain Tenements on or near the South End of the faid Bridge, which yet continue a great Annoyance and Prejudice to Trade and Commerce, by occafioning frequent Stops, and to the endangering the Lives of many Paffengers;' Be it enacted by the Authority aforefaid, That Sir Robert Clayton, Sir William Afhhurft, Sir Richard Onflow Barcnet, Denzill Onflory Ef- Commiffioners quire, Anthony Bouyer Efquire, Charles Cox Efquire, John Arnold Efquire, Samuel Lewyn Efquire, Thomas Names. Wymondefall Efquire, William Gulfion Efquire, Francis Wilkinfon Efquire, Thomas Roffey Elquire, John Commiffioners Riches Efquire, Sir John Fleet, Sir John Parfons, Sir James Houblon, Sir Richard Levett, Spencer Cooper Efquire, Jofeph Scriven Efquire, or any eleven of them, fhall have full Power and Authority, and are here- Owners of fuch by impowered to treat and agree with the Owners and Occupiers of any fuch Houfes as they fhall judge fit Houfes on Lon- to be removed, rebuilt, or pulled down, or any Part of them, and upon Payment of fuch Sum or Sums of don Bridge as Money fo agreed upon, are hereby authorized to appoint Workmen to pull down the faid Houfes, or caufe they fhall think the faid Owners or Occupiers to rebuild accordingly; and this Act shall be fufficient to indemnify the faid fit to be pulled Commiffioners, and all Perfons authorized by them, against the Owner or Owners, or Occupiers, and the Act to indemni- Heirs, Executors, Adminiſtrators or Affigns of any of the faid Owners or Occupiers, as if the fame had fy the Commif- been fold by Deed, Feoffment, Bargain and Sale, or other Affurance in the Law, and done by Fine and fioners againſt Recovery, or any other Way whatſoever; and if there fhall be any Perfons, Bodies Corporate or Colle- the Owners, &c. giat, that fhall wilfully refufe to treat and agree as aforefaid, or through Difability by Nonage, Coverture or Special Intail, or other Impediment, cannot, that in fuch Cafes the faid Commiffioners are hereby au- treat, or through thorized, by virtue of this Act, to ifiue out a Warrant or Warrants to the Sheriffs of London or Surrey Difability by for the time being, as the Cafe fhall require, (who are hereby required accordingly) to impanel and return Nonage, &c. a Jury before the Commiffioners, or any eleven of them, which Jury, upon their Oaths, to be adminiftred Sherits of Lon- by the faid Commiffioners, are to inquire and affefs fuch Damage and Recompence as they fhall judge fit to be awarded to the Owners and Occupiers or either of them of any fuch Houfes, or any Part thercof, affefs Damage as well in Reſpect to his or their Lofs in Trade, as his or their reſpective Intereft and Eftates in the faid and Recom- Houfes, as by the faid Commiffioners fhall be adjudged fit to be pulied down for the Purpoſes aforefaid ; pence, &c. and fuch Verdict of the Jury, and Judgment of the faid Commiffoners thereupon, and the legal Payment Jury to be bind- or Tender of the Sum or Sums of Money fo awarded and adjudged, fhall be binding to all. Intents and Purpofes against the faid Parties, their Heirs, Executors, Adminiftrators and Affigns, and others claiming And a full Au- any thorit; to the In cafe of wil- ful Refutal to don or Surrey to return a fury to Verdict of the ing. 6
 * caufed the Street or common Paffage over the fame to be opened and enlarged; which good and publick