Page:Ruffhead - The Statutes at Large - vol 3.djvu/393

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A.D. 1670.' Anno vicefimo fecundo Caroli II. "'. C. 11. 345 (z) It is hereby declared and enafted, That the faid Mayor, Aldermen and Common Council (hall not SjIto for not by Virtue of the faid A£l proceed to the Sale of any fuch Ground or Soil whereupon any fuch Houfes were R':k>'>i»8«  fituate, for not rebuilding thereupon, before the four and twentieth Day of Ainrch which fhall be in the Year of our Lord one thoufand fix hundred fevcnty and one ; nor fhall any Ground be fold by Virtue of this or the aforefaid Aft, in Cafe any Perfon for the making of any Court, Yard, Garden or other Eafement, fhall leave fome Part of the ancient Foundation unbuilt upon backwards. LXXIX. And be it further enacted and declared. That all Perfons feifcd or intercfted of any Houfe or Tenant in Tall, Houfes burned or demolilhed by reafon of the faid late Fire, in Tail, for Life or Lives, or Years deter- &c."«ydemif= minable upon Life, with Remainder to their Heirs or Iffue Male or Female, or to their firft or other Son or ";',■■ ^"■""".'^ • Sons, Daughter or Daughters, in Tail, or other iike Fftate ; That it fliall and may be lav^-ful to and for p'^^^'^j™ ^j""" fuch Tenant in Tail, for Life or Years, with fuch Remainder as aforefaid, by Indenture under their re- " fpeftive Hands and Seals, to demife the Ground or Soil of fuch burned or demolilhed Houfes, without any jine or Fines, and at the moft improved annual Rent, to any Perion or Perfons that fhall or will rebuild thereupon, for any Term of Years not exceeding fifty Years : Which Leafes fo made fliall bind and con- clude as well all and every the Heirs andlflue of fuch Tenant in Tail as the firft and every other Son and Sons, Daughter or Daughters, or other Ulue of fuch Tenant for I^ife or Years, as thofe in Reverfion or Remainder; and the Houfes thereupon built fhall be held and enjoyed by the refpecSive Leflees thereof and their Affigns, (paying the faid Rent to the Perfons in Reverfion or Remainder) during the Term, and ac- cording to the Purport of fuch Leafes by Virtue of this prefent A61:. LXaX. Provided always, and be it further enabled by the Authority aforefaid. That as to the Houfe Scrjeants-inn called Serjeants-Inn in Fleet-jireet, of which the Society of Judges and Serjeants at Law were Tenants at inFket-fireet. the Time of the late Fire and many Years before; That the King's moft Excellent MajefVy, his Heirs and SuccefTors, and his or their Privy Council, fliall be and are hereby impov/ered to hear and determine all Differences and Demands whatloever touching the faid Houfe with the Appurtenances, and all Things elfe to do relating to the Rebuilding thereof and to make Orders and Decrees concerning the fame, as fully to all Intents and Purpofes as the Judges of the Courts of King's Bench and Common Pleas, and Barons of the Exchequer might', could or may do concerning any other Houfes burnt down by the late Fire, by Vir- tue of this and the faid former Aft or either of them. (2) And his faid Majefcy and Council are hereby alfo impowered to Order and Decree fuch Satisfaftion and Recompence unto Robert Afel/ijh of the Inner Teniple Efquire, as to them fliall feem juft and reafonable ; and to Order and Decree one Leafe of the Pre- mifles, whereof the Inheritance belongeth to the Dean and Chapter of Tork, not exceeding in the whole fixty Years, for the Ufe of the faid Society ; and the faid Dean and Chapter and their Succeflbrs are hereby enabled and enjoined to make accordingly : And what fhall be fo ordered or decreed by his faid Majefty and Council as aforefaid, fhall be good and elFeftual in Law to all Intents and Purpofes by Virtue of this Aft ; and the faid Judges and Barons of the Exchequer are hereby excluded from making any Order or Decree touching the faid Floufe with the Appurtenances. ' LXXXI. A.nd whereas a great Number of Houfes heretofore erefted and built upon or very near to The Houfes ' the Tower-Ditch of the City of London, were at or a little Time after the faid late great Fire, pulled or P"lled^dovvn ' blown down for Safeguard of the faid Toiver, and are not thought fit to be rebuilt there : And whereas ""■■ 'i"""™:- ' fome Houfes are yet ftanding which were in Leafe for feveral Years yet to come, with other Houfes pui- to belebullu ' led down, at and for certain intire yearly Rents; which faid Rents are wholly now claimed by divers

  • Landlords, as if the faid Houfes were yet ftanding; and divers Suits in Law are and will be daily brought

' againft Tenants for Breach of Covenants of the faid Leafes incurred fince that Time :' (2) Be it there- DiffcrenccE fore enafted by the Authority aforefaid. That the faid Juftices and Barons, or any three or more of them, abcutihe Tame • fhall have full Power and Authority to hear and determine all Differences that may arife between the faid '■'^^'^"^^ to the Landlords and Tenants, as if the faid Houfes had perifhed by the late dreadful Fire. J" g'=s. ' LXXXII. And whereas feveral Sheds, Shops and other Buildings have been erefted (fince the late shops in Smith- ' dreadful Fire) in Smithfield, Moor-fields and other void Places v/ithin the faid City and Liberties thereof, fieW, Moorfields, ' by Licence of the Lord Mayor, Aldermen and Common Council of the faid City, for the Accommoda- ^"^ ot'^^r void

  • tion of fuch Inhabitants v^fhofe Houfes were then burnt or demolifhed, for the better carrying on of their ^'j?';"' ^° ^

' refpeftive Trades ;, which if they fhould_ be fufFered to have longer Continuance than the prefent Exi- IVd^reni'i^ed ' gence of the Occupiers thereof doth require, would be an Occafion to divert the Trade of the City, and before the sgtK ' to difcourage fuch as have rebuilt Floufes within the faid City:' (2) Be it therefore enafted by the Au- uf Sept. 1674. thority aforelaid, That the Lord Mayor and Court of Aldermen for the Time being fhall be and are hereby impowered and required to caufe all and every the faid Sheds, Shops and other Buildings aforefaid, to be, taken down and removed at or before the nine and twentieth Day of September which fhall be in the Year of our Lord one thoufand fix hundred feventy-four. LXXXIII. Provided always, and be it enafted by the Authority aforefaid. That if any Aftion or Suit In any Aftion fhall be brought or profecuted againft any Perfon or Perfons for any Matter or Thing done, committed or bi^giit fur put- any Trial thereupon to be had ; and if a Verdift fhall pafs for the Defendant, or the Plaintiff fliall be non- andthis'Aa, fuit or difcontinue his Aftion after the Defendant hath appeared, the Defendant fhall recover double Cofts, *-<^; S^" '" to be awarded for his or their wrongful Vexation in that Behalf. Evidence. LXXXIV. Provided always. That this Aft or any Thing therein contained fhall not extend .or be ccnftrued to alter or make void any Matter or Thing done or to be done by Virtue of any CommiSion or Coirimiffions given or granted or to be given or granted by his Majefty, his Heirs or Succeflbrs, in Piirfu- ance of two Afts of Parliament ; viz. one in the firft Year of Queen Elizabeth, and another in the four- i El. c. ji. teenth Year of his now Majefty's Ps.eign, or of either of them, or of any other Law or Right, whereby his ' 3 ^-' M t:ar. i. VoL.m. Yy Majefty, ■'=• »•>•'*•