Page:Ruffhead - The Statutes at Large - vol 3.djvu/380

 332 C. li* Anno vlcefimo fecundo Caroli II. A. D. 1670 Satisfafhion for the fald Ground, is not or fhall not be equally or indifFerently_ apportioned, according tc the true Value of his or their Interefts in the faid Grounds ; That then the Juftices of the Courts of King!; Bench and Common Pleas, and Barons of the Coif of the Court of Exchequer for the Time being, or any three or more of them, fitting together at the fame Time and Place, upon the Petition of the faid Parry or Parties grieved, to be preferred to any one of them within fix iVIonths after the faid Verdid fo had and given, and not after, are hereby authorized to hear and finally determine the fame, and to order and award fuch i)iltribution of the Monies fo paid unto the Chamberlain as aforefaid, to the faid Perlbn or Per- fons. Bodies Politick or Corporate refpeilivcly, according to his and their feveral and refpecSive Interefls in the fame, in fuch Manner and Form as the faid Juftices and Barons, or any three of them, may determine anv Differences or Demands which have arifen, or fliall arife between any Landlord or Tenant, touching Re'pairing or Rebuilding any of the Hcufes burnt down, or demolifhed by the late Fire, by Virtue of an -19 Car. 1. c. 3. A6t of this prefent Parliament, intituled. An A£i for Erecting a Judicature for Determination of Differdncei^ touchin" Hoifes burnt dozvn or demoUftied by the late Fire which happened //z London ; according to v^hich Order'and Diftributlon the faid Sum and Sums fliall be paid by the faid Chamberlain to the feveral Perlbns refpeflively. - "Where Teveral V. And be it further enabled by the Authority aforefaid. That in Cafe it fliall happen that where there Perfons having were two or more Copartners, Jointenants, or Tenants in Common, of any Houfe or Houfes burned or feveral Mates demoliflied by the faid late Fire, or that two or more Perfons, Bodies Politick or Corporate, had feveral inoneHoiifeor g^^^j-gg qj" J^terefts in feveral Rooms, Stories or Parts of any fuch Houfe or Houfes burned or demolifhed, fomedeiarto and that fome or one of them is defirous and willing to build the fame, or fuch Part, Room or Story of or bvuld, to the in the fame, as to him or them doth or may appertain, according to his or their Eftate or Intereft, as afore- Prejudice of f^ij^ and that any other of the faid Copartners, Jointenants or Tenants in Common, or others having lich others, the Refl gjj-^te or Intereft as aforefaid in any of the Rooms, Stories or Parts thereof, fhall delay or refufe to join wiLk'"if1iir i"^ Rebuilding of the fame, or to contiibute his and their reafonable Part and Proportion towards the Charge will" a'nd enjoy thereof; that then it fiiall and may be lawful to or for any one or more of fuch Copartners, Jointenants, it to' their ocvn Tenants in Common, or others having Eftate or Intereft in any the Rooms, Stories, or Parts thereof, as Ufe, till rdrr- aforefaid, that will rebuild the faid Houfe or Houfes, to caufe fuch Floufe or Houfes to be wholly rebuilt in hyriEil;- ■ r^^^j^ g^,.|. ^^^^ Manner &s the fame was or were before the faid late Fire, or as near thereunto as conveni- ently may be, (the preient model of Building coniidered) and Refpeft being had to the different Interefls of the Parties concerned, as aforefaid, and the fame Houfe or Houfes fo rebuilt, to hold and enjoy to his ant! their ov/n proper Ufe and Beneiit, until that he or they fhall be fully fatisfied and reimburfed all fuch and fo much of the Charge of fuch Building as in a due Proportion ought to have been contributed or al- lowed towards the Building thereof by fuch Copartners, Jointenants, Tenants in Common, or others having fuch Eftate or Intereft as aforefaid, according to his or their Eftate or Intereft therein, as aforefaid, together with Damages for the fame, after the Rate of fix Pounds per Cent, per Annum, for the Forbearance thereof, to be accounted from the Covering of the faid Building, (zj And in Cafe of Negle6t or Refufal to fatisfy and pay fuch Proportion of the Charge of Rebuilding thereof by the Space of two Years, to be accounted from the Covering as aforefaid, that then it fhall and may be lawful to and for fuch Rebuilders, from and after the End and Expiration of the faid two Years, to be accounted as aforefaid, paying to fuch Copartners, Jointenants, Tenants in Common, or others having fuch Eftate or Intereft as aforefaid therein, fo much as fuch their Eftate or Intereft fliall be reafonably worth, or upon Tender and Refufal thereof, to j hold and enjoy fuch Houfe or Floufes fo rebuilt, as aforefaid, wholly and intirely againft the Parties fo I refufing, their Fleirs, Executors, Adminiftrators, Succeflbrs and Afligns, for and during the Continuance of fuch joint or other Eftate or Intereft aforefaid, as the Party and Parties, by whom fuch Houfe or Houfes Difference sboiit Aiall be fo rebuilt, had in the fame, or in any Room, Story, or other Part thereof: (3 J And in Cafe any Charge of Build- Diflerence fhall happen between fuch Builders, and any the Parties refufing to build as aforefaid, concern- ing to he deter- jug the Charge of Rebuilding the fame, or concerning the Value of the Eftate or Intereft of the Parties fo iTiined by the j-efufing to build as aforefaid, and what Money ought to be paid or given for the fame by fuch Rebuilder City-Survcyors. ^^^^^ ^^^j^ Time and in Manner as aforefaid, that then the fame fliall be referred to the Surveyors to beap- / pointed for the faid City for the Time being, who, or any two of them, fhall and may upon their Vievtt adjudge, eftimate and determine the fame refpeftively : And in Cafe the faid Parties, or either of them» iliall refufe to fubmit to fuch the Judgment and Determination of the faid Surveyors, that then the faid. Matters fliall be referred to the Examination of the faid Mayor and Court of Aldermen, who fliall hear and finally determine the fame without further Appeal. Party-walls. VI. And be it further enaft and declared. That where there were feveral Owners or others interefted of or in feveral Rooms, Stories, or other Parts of any Houfe or Houfes, which fhall or may obftruft or hinder the making of the Party-walls intire and upright, and that the Parties therein concerned cannot or will not come to an Agreement touching the fame ; that then it fbalf be referred to the faid Surveyors for the Time being, or any two of them, to determine the Difference thereby arifmg, (if they can] who fhall and may order and appoint an indifferent Exchange to be made betwixt the faid Parties, by dividing their Ground,, Rooms or Stories, or otherwife, as to them fhall feem moft meet and reafonable, for accommodating of their feveral Interefts, or otherwife fhall and may award Satisfaftion to be given in Money to fuch of the faid Parties as there fhall be Caufe, to the Intent the Walls may be made upright according to the Direftion- of the aforefaid ASi for Rebuilding; (2) and in Cafe the Parties therein concerned, or either orany of them, fhall refufe to fubmit to fuch the Order and Determination of the faid Surveyors, that then the faid Matter fliall be referred to the faid Mayor and Court of Aldermen to hear and finally determine the fame without further Appeal. Holborn-bridge 4 yjj_ p^^^^ whereas the Way or Paffage of Holboni-bridgs is now too ftrait and incommodious for the fnlaraed," ^ ' rnany Carriages and Paffengers daily ufing and frequenting the fame, and is therefore neceffary to be ea- ' largedj' (2] Be it therefore like wife enaded, That it fhall and may be lawful for the faid Mayor, Alder- 3 men