Page:Ruffhead - The Statutes at Large - vol 3.djvu/383

 A. D. 1670. Anno vicefimo fecundo Caroli IK G. 11.- 335 Years. I twenty-ninth Day of September one thoufand fix hundred feventy-one ; any Claufe, Matter or Thing in the laid Aft contained to the contrary notwithftanding. XXIII. Provided always, and be it enafiied, That the Term of forty Years (hall not be added to any No Term to Eftate for Life, or Term of Years in Being fo as thereby to make the whole Term exceed the Number of e^^ed fixty fixty Years, by any Decree hereafter to be made by Virtue of this or the faid former Aft. Years. XXIV. Provided always, and it is hereby declared, That the faid Judges and Barons of the refpeftive Courts aforefaid, or any of them, fhall not take Cognizance of, nor proceed to hear or determine, any Dif- ferences or Demands which have arifen, or may in any wife arife, between any Landlords, Proprietors, Te- '. nants, Leffees, Under-Tenants, or late Occupiers of any the faid Houfes or Buildings, or any other Mat- ter or Things by the aforefaid Aft in that Behalf made, referred to the Determination of the faid Judicature, Complalnwto upon any Complaint or Requefl:, unlefs the fame fliall be exhibited, or depending before the faid Judicature, be exhibited be»- at or before the twenty-ninth Day of iS^/)/i?wi^r one thoufand fix hundred and feventy: (2J And that in all f'": '1^= *9tl» fuch Cafes where no Complaint or Requefl: ihall before that Time be exhibited or depending b jfore the faid ^"^f"" *^'" ' Judges and Barons, it fhail and may be lawful to and for all Landlords and Proprietors, from and after the '• taid twenty-ninth Day of September one thoufand fix hundred and feventy, to re-enter upon the Ground or ' Soil to be rebuilt upon, and to avoid the Interefl and Term as well of the Tenants in Pofiiiflion, as of all other Mean-Tenants, and to rebuild thereupon, whereby to preferve his or their Eftate or Interefl: therein from being fold by the faid Mayor, Aldermen and Common Council, by Virtue of the faid late Aft for Re- : building the City of £«««?««. ■ . ' XXV, And whereas divers LefTces for Years, having Terms to come at the Time of the faid Fire, have Leffees- omi«i!H5 ' ' omitted to Rebuild, and their Landlords for faving their Inheritances from Forfeiture have rebuilt or be- 'o build, lofe • ' gun to rebuild Houfes thereupon, and many of them have Let the fame to other Tenants, who with their ''"^"^ rt'Oii-- ^ difquieted in their PoflTeffions, Be it enafted. That where any Termor for Years to come at the Time of j the faid Fire hath fo omitted to rebuild, and the Landlord or his Afllgnee or Affignees hath rebuilt or begua to rebuild, that the Leafes of fuch Termors who have omitted to rebuild, be from henceforth abfolutely : void ; Neverthelefs, the faid Judges are hereby authorized to award fuch Contribution or Recompence to the ] faid Termors as they fhall think fit. i XXVI. And be it further enafted by the Authority aforefaid, That if after any Order, Judgment or De- Decrees fighe*;! cree hath been or hereafter fhall be pronounced by any three or more of the faid Juftices or Barons, any one by t«o Judge^j, j or more of the faid Juftices or Barons fo pronouncing the fame are already dead, or fliall die before fuch ^ff'-'^u^'" '■ Order, Judgment or Decree fliall be figned according to the faid recited Aft, the Signing thereof by the Survivor or Survivors of the faid Juftices and Barons fhall be as good and efFeftual to all Intents and Pur- '| pofes, as if the fame were figned by three or more of the faid Juftices- and Barons; any Thing in the faid' ' recited Aft contained to the contrary thereof notwithftanding. • XXVII. And be it enafted by the Authority aforefaid. That where any Perfon or Perfons concerned in PerfonsAbfeiiti;, ; any of the demolifhed PremifTes, is or fliall be beyond the Seas, or cannot be found, or fummoned to ap- "f beyund-Sea.?- ; pear in the faid Court, That upon the Complaint or Petition of the Party agrieved. Filed in the faid Court i for the Space of three Months or more, and Oath in Writing made of the Endeavour to fummon fuch ab- - ' fent Perfon or Perfons ; That then the faid Court fhall or may after the End of the faid three Months pro- j ceed to hear and determine the faid Caufe : And that fuch Order, Judgment or Decree, as the faid Juftices and Barons, or any three or more of them, fhall make in fuch Caie, fhall be binding to fuch abfent Perfon ■; or Perfons, their Heirs, Executors, Adminifti:atcr5 and Affigns, as if he or they were aftually fummoned ■ 1 and prefent at the making fuch Decree. ^ XXVIII. And alfo be it enafted by the Ahthority aforefaid. That for the avoiding Difficulties in the Re- - covering of Rents, and for the Afcertaining of Covenants, Terms and Conditions, Ordered or to be Or- dered or Decreed according to this or the faid recited Aft, all and every Perfon and Perfons, Bodies Poll- ■ tick and Corporate refpeftively, bound by fuch Order or Decree, their refpeftive Heirs, Succeflbrs and- ; Affigns, fhall and may execute Leafes and Counter-parts thereof, according to the Tenor of the faid Orders Leafes to-ba - ' and Decrees, and they are thereunto required by Virtue of this prefent Aft : All which Leafes fliall be bind- "i^de according ; ' ing and good in Law ; any Law, Statute or Inability v/hatfoever to the contrary notwithftanding. (2) And r° P^^'f-"^ °* '"^ that where Leafes in Reverfion or additional Terms are or fliall be Ordered or Decreed by Force of this or the goo^," icaturcj, ^ laid recited Aft, the refpeftive Parties concerned fhall or may at their Pleafure unite and join together both the prefent and additional Terms into one Leafe, which fhall be good and effeftual againft the LelTors, their - ' Heirs, Executors, Succefl'ors and AiSgns; any Law, Statute, Ufage or Cuftom whatfoever to the contrary. j thereof notwithftanding. XXIX. And be it enafted by the Authority aforefaid. That the faid Juftices and Barons, or the greater juftices and i Number of them, fliall or may appoint a Seal to be and remain with the Regifter of the faid Court for the Barons may j, Seali-ng of all Warrants, and that all fuch Warrants which fhall be fealed with the faid Seal and figned by J'PPoJit a SeaS,. - the laid Regifter for the Summoning or Warning any Perfons, Bodies Politick and Corporate, concerned in j the late demolifhed Houfes and PremiflTes, or Witneffes, fhall oblige them to appear according to the Tenot. j of fuch Warrants ; any Thing in the faid former Aft to the contrary thereof notwithftanding. j XXX. And be it enafted by the Authority aforefaid. That v/here the Inheritance or other Eftate of or in Infants, hovr j any of the faid Houfes or Premifles are or fhall be in any Infant or Infants under the Age of one and Decrees may be ; 1 twenty Years, or in any Truftees for them or any of them ; It fhall be in the Power of the faid Juftices "^''° ^S^'"'^' ; and Barons or any three or more of them, upon the Petition of the Father, Mother or next of Kin, or ' ^"° ' other Friend to fuch Infant or Infants, to Order or Decree a Leafe or Leafes againft fuch Infant or Infants, and their Truftees, for any Term or Terms of Years, not exceeding fifty-one Years in the whole, toifucb Father, Mother or other Perfon that fhall or will undertake the Rebuilding of fuch Houfes, at^ and yndef '• fuch Rent or Rents, and under fuch Covenants, Conditions and Agi:eementSj as they the faid Juftices and ; Baroiis,, ■ 4 . "" - -1
 * Trades and Families are fettled therein :' (2) To the End the faid Rebuilders and their A.ffigns may not be J