Recital that Suits and Differences are likely to arise in consequence of the late Fire.
Three or more of the Judges made a Court.; Their Power;
Times, Places, and Manner of Proceedings.; Order of the said Court final, except as after mentioned.; No Writ of Error or Certiorari.
Whereas the greatest part of the Houses in the Citty of London and some in the Suburbs thereof have
beene burnt by the dreadfull and dismall Fire which happened in September last Many of the Tennants
Under tennants or late Occupiers whereof are lyeable unto Suites and Actions to compell them to repaire and
rebuild the same and to pay their Rents as if the same had not beene burned and are not releiveable therein in
any ordinary course of Law and great Differences are like to arise concerning the said Repaires and new Building
of the said Houses and payment of Rents which if they should not be determined with all speede and without
charge would much obstruct the rebuilding of the said Citty. And for that it is just that every one concerned
should beare a proportionable share of the losse according to their severall Interests wherein in respect of the
multitude of cases varying in their circumstances noe certaine generall rule can be prescribed Bee it therefore
enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and
Temporall and of the Commons in this present Parlyament assembled and by the Authoritie of the same That the
Justices of the Courts of Kings Bench and Common Pleas and the Barons of the Coife of the Exchequer for the
time being or any three or more of them sitting at the same time and place and not otherwise shall be and are
hereby authorized [from time to time (fn. 1) ] to heare and to determine all Differences and Demands whatsoever which have
arisen or may any way arise betweene Landlords Proprietors Tennants Lessees Under Tennants or late Occupiers of
any the said Houses or Buildings with their appurtenances or the Courts or Yards Grounds and Wharfes or any
person or persons haveing or claiming any Estate Right Title Interest in Law or Equity or Trust Charge or
Incumbrance of or in the same or their or any of their Heires Executors Administrators Successors or Assignes
or any other persons for touching or concerning the repaireing building or rebuilding of the said Houses or
Buildings Yards Courts Grounds and Wharfes, or any other Grounds lyeing within that part of the Citty and
Suburbs thereof lately burnt pulled downe or otherwise demolished defaced or otherwise ruined by reason of the
said Fire or for or concerning the payment defalcation apportioning or abatement of any Rent or Rents other then
Arreares of Rent onely due before the First day of September One thousand six hundred sixty and six, or for or
touching any Covenant Condition or Penalty relateing thereunto, or for touching or concerning the prefixing or
limitting of any time for such Repaires or new Building Rebuilding or any Rate or Contribution to be borne or
paid thereunto by any person or persons Bodyes pollitique or corporate interessed in the Premisses, and all Incidents
relateing thereunto, And that they or any three or more of them from time to time, and at such place or places
as they or any three or more of them shall thinke fitt from time to time with or without any Adjournment
summarily and sine forma et figura judicij and without the formalities of proceedings in Courts of Law or Equity
shall and may upon the verdict or inquisition of Jurors testimony of witnesses upon oath, Examination of partyes
interessed, or by all or any of the said wayes or otherwise according to their Discretions proceede to the hearing and
determining of the Demands or Differences betweene the said Partyes concerning the premisses, and that the
definitive Order of the said Justices and Barons or any three or more of them as aforesaid shall bee finall as
betweene the said partyes their Heires Executors Administrators Successors and Assignes and all claiming by from
or under them as touching the matters contained in such Orders from which there shall be noe Appeale or Review
otherwise then as is hereafter mentioned Nor shall any Writt of Error or Certioriari lye for the removall or
reversall of the same.
II. Judges general Power as to ordering Surrenders, increasing or diminishing Charges on Estates, new Leases, &c.
Such Orders to bind notwithstanding Coverture, Infancy, &c.
And bee it further enacted by the Authoritie aforesaid That the said Justices and Barons or any three or more
of them as aforesaid shall have Authoritie and are hereby impowered where they shall thinke it convenient to order
the surrendring; increasing abridgeing ceasing determining or charging of any Estates in the Premisses or to order
new or longer Leases or Estates not exceeding Forty yeares to be made of any of the premisses by the Proprietors
or Owners thereof or other persons interessed therein to any Tennant or Subtennant or late Occupiers of the same
their Executors Administrators Successors or Assignes at such Rents and Fines or without any Rent or Fine as
they shall thinke fitt unlesse in such Cases where the Lawes of this Realme doe forbid the Diminishing of auntient
and accustomable Rents, All which Orders according to the Tenors thereof shall be obeyed by all persons concerned
therein respectively and shall conclude and binde them their Heires Successors Executors Administrators and Assignes
respectively, notwithstanding any Disability in respect of Coverture Infancy Non sanity of Memory Estate Taile or
in Right of the Church or otherwise And that Infants Femes Covert Ideots, Persons of Non sane Memory or
beyond the Seas Tennants in Taile Bishops Deanes and Chapters and other Ecclesiasticall persons and their
Successors Corporations and all other person or persons Bodyes Naturall and Pollitique their Heires and Successors
and their respective Interests shall be bound and concluded by such respective Order or Orders according to the
Tenor or Purporte thereof Any Law Statute or Custome or other matter or thing to the contrary notwithstanding.
III. Court may issue Summons to appear.
Persons making Default, on Oath of Notice,; Court may proceed to make Order.; What Service deemed good.
And for the better enableing the said Justices and Barons to proceede with effect in the said Causes Bee it
alsoe enacted by the Authority aforesaid That the said Justices and Barons or any three or more of them as
aforesaid upon the complaint or request of any person or persons concerned in any of the said Houses or Buildings
and other the premisses shall issue out Notes or Warrants under their hands, or the hands of any such three of
them thereby warning the person or persons Bodyes Pollitique and Corporate therein named and concerned in the
said late Houses or Buildings and other the premisses in such Complaint mentioned to appeare before them at
such time and place as in such Note or Notes shall in that behalfe be specifyed, And upon appearance of the
said person or persons summoned or upon defaulte of appearance and oath made of due notice given to him or
them (which oath and all other oathes necessary to the Execution of the Powers given by this Act the said Justices
and Barons or any three of them are hereby enabled to administer) The said Justices and Barons or any three of
them may proceede to make such finall and definitive Orders as aforesaid, and that such Service of the said
Note or Notes as is usually allowed to be a good service in cases of Subpena shall be accounted to be a good
service in the cases aforesaid.
IV. The said Court to be a Court of Record.
Judgments to be signed and recorded.; The Records to be kept by Lord Mayor, &c.; Judges to have no Fees.
And bee it enacted by the authoritie aforesaid That the said Justices and Barons or any three of them for the
matters and according to the powers herein before mentioned shall be, and shall be taken to be a Court of Record,
and that the Judgements and Determinations which shall be made betwixt partie and partie by authoritie of this
Act shall be recorded in a Booke or Bookes of Parchment to be provided for that purpose, and that every such
Judgement and Determination shall be signed by three or more of the said Justices or Barons Which said Booke
or Bookes of Record shall be placed and intrusted [in the custody (fn. 2) ] of the Lord Maior and Aldermen of the Citty
of London for the time being to be kepte with the Records of the said Citty, and to remaine as a perpetuall
standing Record, unto which all persons concerned or which shall be concerned shall or may repaire to view the
same, and thereout to take Copies of all such Judgements and Determinations as shall relate to him her and them
And that none of the said Justices and Barons shall take any Fee or Reward whatsoever directly or indirectly for
any thing to be done by them by vertue or colour of this present Act.
V. Officers Fees.
The Court to order a Table thereof.; Continuance of Act.
And bee it enacted by the Authoritie aforesaid That for a reward of the Officers to be imployed herein the
said Justices and Barons or any three or more of them as aforesaid are hereby enabled to order and direct a Table
of such reasonable Fees to be made as may carry on and effect the purporte and intent of this Act This Act to
continue till the last day of December which shall be in the yeare of our Lord One thousand six hundred sixtie
and eight and noe longer.
VI. Appeal on Exceptions being tendered within Seven Days.
[Provided alwayes and bee it enacted by the Authoritie aforesaid That where any such Order or Decree as is
aforesaid shall be made by a lesser number of Justices and Barons then Seaven, it shall be lawfull for any person
agrieved by such Order or Decree to present his Exceptions to the same in writeing within seaven dayes next after
such Order or Decree made to the Cheife Justices and Cheife Baron for the time being or any two of them, who
shall forthwith communicate the same to the rest of the said Justices and Barons who are hereby required to heare
the Partyes and examine and consider the said Exceptions, And if any Seaven or more of them shall subscribe
thereunto that they finde probable cause of complaint Then it shall and may be lawfull to and for any Seaven
or more of the said Justices and Barons within Twenty dayes next following such Exceptions delivered to review
the said former Order or Decree, And thereupon to reverse confirme enlarge diminish or otherwise alter any such
Order or Decree as in their wisedomes they shall thinke fitt, Any thing herein contained notwithstanding. (fn. 3) ]