Page:Ruffhead - The Statutes at Large - vol 3.djvu/384

 3 36 C, li-is. Anno viceiimo fecundo Garoli II. A. D. 1670. Barons, or any three or more of them, fhall think fit and adjudge ; which faid Leafes and Terms fo De ■ creed, fnall and may be held and enjoyed accordinj^ly, by Virtue of this prefent A£t ; and that fuch Infant or Infants, upon Requefl:, after they fhall attain to their refpective Ages of one and twenty Years, and in Cafe of the Death of fuch Infant or Infants, his and their Heirs, Executors or Adminiftrators, fhall and are hereby requii-ed to execute fuch Leafes accordingly, and the refpective Tenants the Counter-parts thereof. ■, ; - ■ Terms ordered XXXI. And be it enaded by the Authority aforefaid, That for the Encouragement of Builders, and by Decrees of the fecuring their Eftates, every Order, Judgment and Decree that hath been or fhall hereafter be made by the ]c'rorTinK?"en- ^^'"^ Jultices and-Barons or iny three or more of t-hem, by Force of this or the faid recited A&, touching joyed. ' the Interefts and Eftates of 7'enants in Tail, fhall conclude and bind as w.ll Tenants in Tail and thei^ Iffues, as alfo the Eflates in Remainder and Reverfion, according to the Tenor of fuch Order, Judgment or Decree. ' XXXII. And for better fecuring the Eftates of the faid Builders,' Be it further enafled by the Au- thority aforefaid. That all and every Perfon and Perfons, and their Executors, Adminiftrators and AfTigns, who are or fhall be Decreed by the faid Judicature, to build any MefTuages or Tenements, or any the faij demolifhed PremifTes, upon any Term or EPcates, rendring an annual Rent, have or fhall build the fame accordingly, fhall hold and enjoy fuch their feveral and refpe£l:ive Terms and Eftates, under the Rents and Covenants Decreed, notwithftanding any other Eftate, Right, Title, Ihtereit in Law or Equity, Truft, Charge or other Incumbrance whatfoever. XXXIII. And for the better obliging of all Perfons to. the Performance of the Orders and Decrees made Aaifnsmaybe Or to be made by the faid Judicature ; (2) Beitenafted by the Authority aforefaid. That v.'here any Per- broughttoen- (q^ gy Perfons are or fhall be ordered or decreed to pay any Rate, Contribution, Sum or Sums of Money, manM o^/the ' '" Purfuance of this or the faid recited AQ. for erefting the faid Judicature ; it fhall be lawful for the Parties Judges Decrees, concerned, upon Non-payment thereof, to fue for and recover the fame by Aclion of Debt or upon the Cafe in any of his Majefty's Courts of Record at Weftminjler or within the City oi London, and to give fuch Order or Decree in Evidence to prove the fame : In which Aftion, no Effoin, Proteftion or Wager of Law fhall be allowed. (3) And where any Perfon or Perfons are or fhall be ordered, adjudged or decreed to build, feal a Leafe, give Security, or do any other hSt in Purfuance of this or the aforefaid Act, it fhall and may be lawful for the Party or Parties concerned in Default of Performance thereof, by Aftion upon his Cafe to be brought in any of his faid Majefty's Courts of Record aforefaid, to recover Damages for fuch Non-Performance, or to have or bring his Bill in any Court of Equity, to enforce the adual Performance of of the fame. Adminifter XXXIV. And be it enafted by the Authority aforefaid. That it fhall and may be lawful for the faid Ju- Oaths. ftices and Barons or any of them, out of Court, to adm'nifter Oaths and take Affidavits in Writing, con- cerning any Matter relating to the Proceedings in the faid Judicature, which Affidavits flaall or may be made ufe of in Court, as the faid Juflices and Barons or any three or more of them fhall think fit. ' XXXV. And whereas feme Orders and Decrees in the late Court of Judicature erected by the late A61 ' of Parliament, touching theHoufes burnt in Z(7Wi3?<7«, were made the fame Week that the Power of the ' faid Court of Judicature determined, whereby the Parties concerned had not the fame Time and Liberty ' of Exception and Appeal ; s others had;' (2) Be it therefore provided and enafced by this prefent Parlia- ment, and the Authority thereof. That where any fuch Order or Decree was made by a lefler Number of Juftices and Barons than feven, if the faid Order or Decree were made fmce the one and twentieth Day of Appeals allowed, December in the Year of our Lord one thoufand fix hundred fixty and eight ; It fhall be lawful for any Per- and in wliat fons agrieved by fuch Order or Decree, to prefent their Exceptions to the fame in Writing, within feven Cafes. Days next after the firft Sitting of the faid Juftices and Barons, by Virtue of this prefent Adt ; and that the fame Examination, Proceedings, Review and Determination, fliall be thereupon had and made, and as efFedlually to all Intents, as if the faid Exceptions had been prcfentcd within the due Time limited and ap- pointed by the faid late ASt of Parliament; any Thing in this or the faid late A,& or Parliament to the con- trary in any wife notwithftanding. '^-^XXVI. And v/hereas there were feveral Houfes in the City o^ London confumed by Fire within three ' Years next before the faid late dreadful Fire, which by reafon of fome Differences and Doubts arifing in Point of Title, the fame were not nor are likely to be rebuilt, unlefs fome Courfe be taken {or the deciding Further Power ' of fuch Differences :' (2) For Remedy whereof, Beit further enafted by the Authority aforefaid. That givfato the tl^e f^id Judges and Barons or any three or more of them be and are hereby authorized and impowered, to Judges. hear and determine all fuch Cafes for all fuch Houfes and Temements, as fidly and amply, and in like Manner to all Intents and Purpofes, as they can or may hear and determine any other Matter herein men- tioned : And all Decrees and Orders in fuch Cafes to be made, fhall bind and be obeyed by all Parties there- in concerned, and fhall be of like EftecSt, as if the fame were made for any other Matter or Thing herein mentioned; ' XXXVII. And whereas by reafon of inlarging feveral Streets, and of making the new Streets called ' King-fireet, leading from Guild-hall into Checpjide, and ^teen-/lreet, leading from Soaper-lane to the River ' oi Thames, there are divers Slips and fmall Parcels of Ground remaining altogether ufelefs to the Owners by further provided and enacffed. That for the making the faid Streets and Buildings conformable, and for the better determining of all Controverfics concerning the fame, that the faid Juftices and Barons, or any 'three or more of them, be and are hereby authorized and impowered to hear and determine all Controver- fies and Differences arifing by Reafon or Occafion thereof, in like Manner as they can or may hear or de- termine any other Matter or Caufe referred to their Judgment by Virtue of this or the aforefaid ASt for erefling the faid Judicature, and may make fuch Orders and Decrees, either for the transferring the Pro- priety of fuch Parcels of Ground left nejrt the faid Streets to the Owners of the backward Ground, or by transferring 4
 * thereof, in regard the fame are not capable of any Houfe being built thereupon :' (2} It is therefore here-