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Scavengers not doing duty, any person may sweep and carry away the dirt,
and shall be paid by treasurer, &c. 5c. each cart load.
on non-payment, it shall be levied on complaint to a judge of B. R. by warrant,
Treasurer, &c. may retain (except costs) out of scavenger’s salary.
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III. And be it also enacted by the authority aforesaid, That in case the scavenger, or any other person or persons employed to sweep the said streets and lanes, and carry away the filth and dirt thereof, shall fail or neglect to do the same in such manner, and at such times, as the same is directed to be done by the said acts, it shall and may be lawful to and for the church-wardens and overseers of the watch in their respective parishes, or any of them, or any other person or persons whatsoever, to cause the said streets and lanes to be swept, and the dirt and filth to be carried thereout, and that the sum of five shillings sterling shall be paid out of the treasury of the said city to the person or persons, who shall do or cause the same to be done, for each cart load of dirt or filth that shall be so carried out of any of the streets or lanes belonging to the said city, by the treasurer or other officer, who is or shall be intrusted with the receipt and payment of the money belonging to the said city, to the person to whom the same is to be paid, demanding the same, and making it appear by one or more affidavits how many cart loads were so carried out, and the sum of five shillings for each cart load of dirt which shall be so carried out of any of the streets or lanes belonging to the liberties of Saint Sepulchre’s, Thomas-court, or Donore respectively, by the seneschals of the said liberties respectively, or other officer who shall be intrusted with the receipt and payment of the money raised in the said liberties for cleansing the said streets; and in case such treasurer, seneschal, or other officer shall neglect or refuse to pay the same, then upon complaint to any one of the judges of the court of King’s bench it shall and may be lawful to and for the said judge and he is hereby impowered and required, to issue a summons, and upon service thereof to proceed in a summary way upon the said complaint by examining witnesses to the truth of the facts therein alledged; and in case it shall appear to the said judge, that the sum demanded ought to have been paid according to the intent and true meaning of this act, then the said judge is hereby required to issue his warrant to any constable, or such other officer as he shall appoint to levy the said sum, with such costs as he shall think fit, by distress and sale of the said treasurer’s, seneschal’s, or other officer’s goods, returning the overplus to the owner; and the said treasurer, seneschal, or other officer may, if he thinks fit, retain the sum levyed (except the costs) out of the scavanger’s salary or wages.
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