Page:Ruffhead - The Statutes at Large - vol 3.djvu/382

 J.34 C. 1 1. Anno viceEmo fecundo C a r o l i II. A. D. 1670. VDiffei-ence about ■ the true Value of Party-walls to be decided by the Aldermen of the Ward, or elie vpon Appeal, by the Lord Mayor and Court of .Aldermen, rS'eniities-for •Rates for What- fageand Cranage to be adenid by l^jivy Council. 15 Car. a. c. i. revived, with ail additional Authority to the Judges. any of them, they and every- of them are hereby required within three Days next after fuchRequeft, to fur- vey and fet out all and every the faid Foundations accordingly. XVII. And be it further enacSed, That all and every the faid Builders, who have at any Time fince the making of the faid Aft for Rebuilding the faid City, laid any Foundations to be built upon, fliall forth- with pay unto the Chamberlain aforeiaid, for every the Foundations feverally erecSted to be inhabited, the Sum of fix Shillings and eight Pence, unlefs the farne hath been formerly paid; and in Default thereof, it fliall and may be lawful to and for the faid Chamberlain for the Time being, by A6Lion of Debt, to be com- menced in the Name of the faid Chamberlain in the King's Majefty's Court, to be holden in the Chamber of the Guild-hall of the faid City, before the Lord Mayor and Aldermen of the fame City, to recover the fame, in which Adion no EfToin or Wager of Law fhall be allowed. ' XVIII. And whereas it is provided in and by the faid AcSb, That all Differences arifing between any the ' Builders within the faid City or Liberties thereof, concerning the true Value of Party-walls, and 2II Dif- ' ferences arifing between the faid Builders or any others, concerning the Placing or Stopping up of any 'Lights, Windows, Water-courfes or Gutters, which may hinder or retard the faid Buildings, fhall and ' may be heard, mediated and determined (if it may be) by the Alderman of the Ward where the Caufeof ' any fuch Difference fhall arife, and his Deputy; (zj and where the faid Alderman and his Deputy, or ' any of them, be concerned as Parties in the Controverfies, or that they cannot determine the faid DifFe- ' rences, That then and in every fuch Cafe the fame be certified by the faid Alderman or his Deputy un- '' concerned therein to the faid Mayor and Court of Aldermen, who upon deliberate Hearing of all Parties •' fhall finally determine the fame without further Appeal. (3) Neverthelefs, in the faid Ad; there is no cer- •* tain Penalty provided for fuch as fhall obftinately refufe to obey the faid Determination :' XIX. Now to the End there may be a due Obedience yielded to fuch Determinations as have been or fhall be made in any of the Cafes laft mentioned, and in all other Cafes hereby left to the final Determination of the faid Mayor and Court ofAldermen; (z) Be it enaded by the Authority aforefaid, That all and every Party and Parties any Way concerned to give Obedience to any fuch Determination as aforefaid, fhall obey End perform the fame, under fuch Pains and Penalties as by the faid Aft are or may be inflided upon the JBuilder or Levier of any irregular built Houfe, contrary to'the Meaning of the fame late Afl. XX. And be it further enaded, That all Differences which fliall or may arife concerning the Mifplacing, Straitningor Stopping up, or any V/ays obflructing any common or private Entries, Allies, Ways, Stairs, Landing-places or Paffages, Houfes of OfEce, Tunnels, Draughts and other Eafements, heretofore ufed and enjoyed within the faid City of London or the Liberties thereof, flrall and may by Virtue of this ASt be heard, mediated and determined (if it may be) by the Alderman of the Ward where the Caufe of any fuch Difference fhall arife, and his Deputy : (z) And where the faid Alderman and his Deputy, or one of them, be concerned as Parties in the faidControverfy, or that they cannot determine the fame Differences, That then upon Complaint of the Party or Parties concerned, to the faid Mayor and Court of Aldermen, they fhall hear and finally determine the fame in fuch Manner, as by the aforefaid Ad for the Rebuilding of the faid City oi London is appointed, in Cafe of Differences concerning Placing and Stopping of Lights, Win- -dows and Watercourfes ; and all Parties concerned are hereby required to obey and fubmit to fuch their Determination, under fuch and the like Penalties, as by the aforefaid Ad are or may be inflided upon fuch irregular Builders as aforefaid : (3) And that all fuch Obfl:rudions, as well where any Lights, Windows, Water-courfes or Gutters, are or fhall be hindred and flopped up, as whereby any common or private Al- lies, Entries, Ways, Stairs, Landing-places or Paffages, are or fhall be flopped up, ftraitned or mifplaced as aforefaid, fliall and may by Order of the faid Mayor and Court ofAldermen be abated and removed by Virtue of this Ad. ' XXI. And forafmuch as great Exadions have been and are exercifed by Wharfingers and others im- ' ployed about the Wharfage and Cranage of Goods landed or {hipped off, at or from the faid City of Lon- ' don:' (z) For Remedy thereofj be it enaded, That fuch Rates and no. other fhall from Time to Time be taken for Wharfage and Cranage, as well of Timber and other Materials for Building, as of Coals and other Goods and Merchandizes, as by his faid Majefly with the Advice of his Privy Council fliall for that Purpofe be affeffedand allowed to be taken, a Table of which Rates fhall be hanged up at every of the faid Wharfs refpedively ; (3J and if any Wharfinger or other fliall exad or demand, or diredy or indiredly take or receive for Wharfage or Cranage, or by Colour thereof, more than according to the Rates which fliall be fo affefiedi,. or fhall refufe to fuffer any Goods or Merchandize to be landed or fliipped at, off or from any Wharf or Wharfs within the faid City or the Liberties thereof at the Rates aforefaid, fuch Offender fliall forfeit for every fuc-h Offence the Sum of ten- Pounds to-the Party or Parties thereby g'-ieved, to be re- covered with full Cofts of Suit, by- Adion of Qeh;, Bill, Plaint or Information, in any. of his Majefty's Courts of Record at Wc/lminjler, or within the faid. City of London, as the Caufe fhall arife, wherein no Effoin, Protedion or Wager of Law fliall be allowed, nor any more than one Imparlance. ' XXII. And whereas the aforefaid Ad for ereding a Judicature for Determination of Differences touch- ' ing Houfes burned or demoliflied by.Reafon of the- late Fire which happened in London, is expired; and ' other Caufes proper to receive a Determination before the faid Juftices and Barons, which they found not. ' to be within the Authority given them by the aforefaid Ad ; and that rcany more Differences do and may ' arife, which could not be heard and determined within the Time limited by- the faid Ad;' and for a fur-- ther and additional Authority to the faid Juftices and Barons, to hear and determine all the aforefaid Dif- ferences, and for a more eafy Execution of the faid Authority; (z) It is hereby further enaded and de- clared, That the fame Ad, and the Judicature thereby eredcd, and. all and every the Pov/ers and Authori- ties thereby given to the JuiHces of the Court of King's Bench, and Common Pleas, and Barons of the Coif of the Exchequer for the Time being, or any three or more of them, and all other Matters and Things therein contained, fliall from henceforth ftand and be revived, and remain in full Force until the twenty-
 * Difobedience,
 * his Maiefty and
 * for that there were many Caufes brought before the faid Judicature which are yet undetermined, and divers