Charles II, 1670
An Additionall, Act for the rebuilding of the Citty of London, uniteing of Parishes and rebuilding of the Cathedrall and Parochiall Churches within the said City.

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History of Parliament Trust

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John Raithby (editor)

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1819

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665-682

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'Charles II, 1670: An Additionall, Act for the rebuilding of the Citty of London, uniteing of Parishes and rebuilding of the Cathedrall and Parochiall Churches within the said City.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 665-682. URL: http://www.british-history.ac.uk/report.aspx?compid=47419 Date accessed: 31 August 2014.


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Recital that under 18 & 19 C. II. c. 8. (19 C. II. c. 3.) several Streets, &c. of London have been enlarged, &c. and that certain other Streets require Enlargement and Regulation.
II. and also the Royal Exchange, Guildhall, Sessions-house in the Old Baily, &c. III. Satisfaction to Owners for Ground taken away. IV. Where several Persons having several Estates in one House or Ground, and some delay to build, to the prejudice of others, the rest may rebuild the whole, if they will, and enjoy it to their own Use till re-imbursed. V. Difference about Party Walls to be determined in the like manner. VI. Holborn Bridge Passage to be enlarged. VII. The Dimension of Corner Piers. VIII. Water from Tops of Houses to be carried down by Pipes. IX. Recital of 18 & 19 Car. II. c. 8. § 32. (19 C. II. c. 3. § 34.) Thames Street, &c. to be raised Three Foot at least. X. Proviso in respect of Houses built or that were in building before the 14th May 1668. XI. Recital of 18 & 19 C. II. c. 8. (19 Car. II. c. 3.) XII. Builders to pay to the Chamberlain of London 6s. 8d. before they lay their Foundation. XIII. So in respect of Builders who have laid Foundation since the 18 & 19 C. II. c. 8. (19 C. II. c. 3.) Action for Chamberlain. XIV. Difference about the true Value of Party Walls, stopping Lights, &c. to be decided by Alderman of Ward or his Deputy or by Lord Mayor and Court of Aldermen. XV. Difference concerning obstructing Common Ways, Passages, &c. to be determined by Alderman of Ward or his Deputy, or by Lord Mayor and Court of Aldermen. XVI. Rates for Wharfage and Cranage to be assessed by His Majesty and Privy Council. Table of Rates to be hung up at Wharfs.; Exacting higher Rates, or refusing to suffer Goods to be landed, &c. XVII. Recital that 18 & 19 C. II. c. 7. (19 C. II. c. 2.) is expired; and that divers Causes thereunder remained undertermined, &c. XVIII. No Term to exceed Sixty Years. XIX. Complaints to be exhibited before the 29th Sept. 1670, otherwise Landlords, &c. may re-enter and rebuild. XX. Lessees for Years omitting to build, and Landlords having begun to rebuild, &c. such Lessees to lose their Term. XXI. Decrees signed by surviving Judge or Judges effectual in certain Cases. XXII. Persons being absent or beyond Sea, the Court, after Three Months, may determine. XXIII. Leases to be made according to Decree of the said Judicature and adjudged good. XXIV. Justices and Barons may appoint a Seal. XXV. Decrees how to be made against Infants. XXVI. Orders to bind Tenants in Tail, and also Reversioners, &c. XXVII. Persons decreed to build rendering an annual Rent, may build and enjoy. XXVIII. Actions may be brought to enforce the Performance of the Judges Decrees. XXIX. Justices and Barons may administer Oaths out of Court. XXX. Recital that in certain Cases the Party had not time to appeal. XXXI. Further Power given to the Judges as to certain Houses burnt before the great Fire. XXXII. Recital that by reason of making certain Streets divers Slips of Ground are rendered useless. XXXIII. Recital that by 18 & 19 Car. II. c.8. §34. (19 C. II. c. 3. §36.) an Imposition on Seacoals, and all other Coals, should be paid to the Mayor, &c. and employed for enlarging the Streets, and other public Works, from the 24th June 1667 to 24th June 1677. but that greater Sums are required. XXXIV. How the Money received by means of the several Impositions are to be disposed, and by whose Order and Direction. XXXV. Ten Shillings out of every £ 100 to be retained by the Chamberlain, &c. out of the Duty for the Use of the Corporation of London. XXXVI. One Fourth of the Money for Repair, &c. of Churches may be employed in Repair of St. Paul's Church. XXXVII. The said Duty may be engaged for Money to be borrowed. XXXVIII. A new Key or Wharf to be made on a certain Tract of Ground from London Bridge to the Temple Forty Foot broad. XXXIX. The said Tract of Ground to be open. Bounds to be distinguished only by Denter Stones. XL. and as to lading and unlading Rates, &c. at the said Wharf. XLI. The Channel of Bridewell Dock from the Thames to Holborn Bridge to be made navigable. Breadth of Wharfs, &c. XLII. How the Charge of sinking and making the said Channel to be defrayed. XLIII. XLIV. Provision for Persons rebuilding, against secret Charges and Incumbrances. XLV. Twenty-one Years Possession, or more, shall enable the Owner to make Leases. XLVI. Indemnity to Owners of Water-house at Broken Wharf for rebuilding the same with Timber. XLVII. Proviso as to leaving old Foundations unbuilt, paving new Streets allowed to be made, &c. XLVIII. A Street to open Fourteen Foot wide from Threadneedle Street to, Lothbury. XLIX. Bury Street in Beavis-Marks. L. Recital that many Builders have advanced their Foundations further than formerly, for the more regularity, &c. of the new Streets. LI. Recital that the Company of Mercers are building a new School House, &c. on the Scite of St. Paul's School. LII. Proviso for the Churches of St. Pauls, St. Faith, and St. Gregory. LIII. Proviso respecting rebuilding several Houses in White's Alley, Coleman Street. LIV. Market Place within Newgate to be granted to the City by Lease from the Dean and Chapter of St. Paul. LV. Recital of 18 & 19 C. II. c. 8. § 29. (19 C. II. c. 3. § 31.) LVI. The same Parishes to continue united, and the Parish Churches to be rebuilt according to Models appointed by the Archbishop of Canterbury, Bishop of London, and Lord Mayor, with the King's Approbation. LVII. Regulations as to the Use of Plate and Goods belonging to Churches not to be rebuilt. LVIII. Church-yards, &c. of Churches demolished to be enclosed with Walls to make Burial Places. LIX. In what cases Parts of Church-yards may be used for enlarging Streets. LX. Notwithstanding the Union, the Parishes as to all Rates, Charges, and Privileges to remain distinct. LXI. Proviso for the present Incumbent of Churches not to be rebuilt, as to Tithes. LXII. Proviso for Minor Canons of St. Paul as to Tithes, &c. of St. Gregory. LXIII. Recital that the Mercers Company have designed a Free School on the Site of St. Mary Cole-Church. LXIV. Provision that Parsons of Churches consumed may not be sued for Dilapidations. LXV. The said Parsons and Vicars exempted from First Fruits, Tenths, and Pensions, and from Dues, until they receive the Profits of their Livings. LXVI. Ministers indemnified for not reading the Thirty nine Articles. LXVII. Empowered to let Leases of their Glebe Lands. LXVIII. The Judges to determine Controversies in which the City of London is a Party. LXIX. Two Posterns at Ludgate to be made, and the Gate enlarged. LXX. Recital of 18 & 19 Car. II. c. 8. § 13. (19 C. II. c. 3.§ 15.) LXXI. Tenants in Tail. &c. may demise their Ground at the most. improved Rent without Fine. LXXII. The King and Privy Council may determine Differences concerning Sergeants Inn in Fleet Street; LXXIII. Houses pulled down near Tower Ditch not to be rebuilt. LXXIV. Shops, &c. in Smithfield, Moor-fields; and other void Places erected since the Fire, to be taken down and removed before the 29th Sept. 1674. LXXV. In Action brought for executing Act General Issue may be pleaded. LXXVI. Proviso for Acts done by virtue of Commissions pursuant to 1 Eliz. c. 11. §2. 14(13&14) C. II. c. 11. § 14. as to appointing Wharfs, &c. Footnotes

Recital that under 18 & 19 C. II. c. 8. (19 C. II. c. 3.) several Streets, &c. of London have been enlarged, &c. and that certain other Streets require Enlargement and Regulation.

The said Streets, &c. to be enlarged as they are now staked out;

Whereas by vertue and in pursuance of an Act of this present Parliament entituled, An Act for rebuilding the Citty of London severall Streets in the said Act perticularly mentioned and described, have beene inlarged and made wider by the Maior Aldermen and Commons of the said Citty by and with the approbation of the Kings most Excellent Majestie; And forasmuch as certaine other Streets within the said Citty not perticularly mentioned in the aforesaid Act, did alsoe require some Regulation and Enlargement (that is to say) the Streete called Pater-noster-row, the Lane called Warwicke lane at the North side thereof, Watling streete, Candle wike streete Eastcheape, Saint Swithins lane, Little Wood streete, Milke streete, Tower streete. Water-lane scituate on the East side of London bridge neare the Custome house, Rood lane Saint Mary hill Thames streete, from London bridge to Pudle docke, Pye corner next to Smithfield and Thread-needle streete; And to that end and purpose the same by Order and Direction of the Maior, Aldermen and Commons of the said Citty in Common Councell assembled by and with his said Majesties approbation have beene surveyed and are found necessary to be enlarged: Bee it enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament assembled and by authoritie of the same That the said Streetes and Lanes in this Act before nominated and appointed to be inlarged, and every of them shall be inlarged and regulated in such parts and places thereof and in such manner and according as the same are marked and staked out for that purpose and not otherwise;

II. and also the Royal Exchange, Guildhall, Sessions-house in the Old Baily, &c.

Ground to be assigned for public Market-places, and other Places.

And to the end that fitt and commodious places within the said City and Liberties thereof may be sett out and appointed for the rebuilding and keepeing of Markets with more convenience then heretofore they were, soe as the principall Streets may not be pestered and obstructed thereby as heretofore hath beene accustomed, And that the Royall Exchange, Guildhall, the Sessions house in the Old Bayly and the common Goales and Prisons [in (fn. 1) ] the said Citty may be enlarged and made more commodious for the publique use and ornament of the Citty and better secured from the danger and casualtie of Fire, and that some convenient distance, intervall and circuit of Ground may be left betweene the Royall Exchange and other Houses to be built within the said Citty. Bee it further enacted by the authoritie aforesaid That the Maior Aldermen and Commons of the said Citty in Common Councell assembled shall and may and are hereby impowered to imploy such places and portions of Ground within the said City and Liberties thereof as by and with his said Majesties approbation now are or before the tenth day of March One thousand six hundred sixty nine shall be sett out and adjudged necessary and convenient aswell for the publique Market places there as alsoe for the ornament enlargement and convenience of the said Royall Exchange and other places aforementioned, and every or any of them respectively.

III. Satisfaction to Owners for Ground taken away.

The Mayor, Aldermen, and Commons to treat and agree with Owners, and in case of wilful Refusal, to impanel a Jury, whose Verdict, and the Judgment of the Mayor and Court of Aldermen thereupon, with Payment of the Money so awarded into the Chamber. Iains Office, shall be binding and conclusive.; Proviso.; Controversies to be decided by the Judges, or Three of them, and in what manner.; Such Decision to be final.; 18 & 19 C. II. c. 7. (19 C. II. c. 2.)

And to the intent that reasonable satisfaction may be given to the Owners and others haveing any Estate or Interest in the Grounds and places which have beene or shall be sett out to be taken and imployed for publique Market places or for the ornament and convenience of the Royall Exchange Guild hall and other places in this Act mentioned or any of them or for inlargeing the said Streets or any part thereof called Pater-noster-row, Warwicke lane Watling streete Candlewike streete Eastcheap Saint Swithins lane Litle Wood-streete Milke streete Tower streete Water lane Rood lane Saint Mary Hill Thames streete Pye corner next unto Smithfeild and Threade needle streete before mentioned; The said Maior Aldermen and Commons shall and may (by themselves or others in that behalfe to be appointed and authorized) treate and agree with the Owners and others interessed therein; And in case of wilfull refusall or any such disabilitie or impediment as in the aforesaid Act are mentioned or other incapacitie whatsoever in the Owners thereof or others interessed therein to treate and agree; The said Maior and Court of Aldermen shall and are hereby authorized and required to cause a Jury to be impannelled in such manner and forme as by the aforesaid Act is directed and appointed, Soe as noe two of the said Jurors soe to be impannelled shall come out of one and the same Ward to adjudge & [assesse (fn. 2) ] what recompence and satisfaction in every of the cases aforesaid ought to be awarded and given to the respective Owners and others interessed in the Grounds and places soe sett out to be taken and imployed for any the uses or purposes aforesaid; in pursuance of this Act according to such their respective Estates and Interests: And the Verdict of such Jury in that behalfe to be taken, and the Judgement of the said Maior and Court of Aldermen thereupon; and the payment of the money soe awarded or adjudged at or in the Office of the Chamberlaine of the said City of London for the time being to the said Chamberlaine there to remaine by the space of six monethes for the Owners or others interessed therein as aforesaid and after that time to be paid unto them by the said Chamberlaine upon demand (if that within that time there shall not arise any controversie touching the payment thereof by reason of different claimes made thereunto as hereafter is expressed) shall be binding and conclusive to and against the Owners and all others haveing or claimeing or to claime any Estate, Right, Title or Interest of, in, to, or out of the same their Heires Executors Administrators Successors and Assignes and every of them; And shall be a full authority for the said Maior Aldermen and Commons to cause the same to be converted and used to and for the respective uses and purposes aforesaid; And in case any Controversie shall arise betweene any person or persons Bodyes Pollitique or Corporate or his or their Assignes or Under tennants or other persons claimeing any Estate, Right, Title, or Interest in Law or Equity, Trust, Charge or Incumbrance of or in the said Ground soe to be purchased or converted as aforesaid, who shall finde him or themselves agreived for or by reason that the said moneyes soe given in satisfaction for the said Ground is not or shall not be equally or indifferently apportioned according to the true value of his or their Interests in the said Grounds, that then the Justices of the Courts of Kings Bench and Common Pleas and Barons of the Coife of the Court of the Exchequer for the time being or any three or more of them sitting together at the same time and place upon the petition of the said partie or partyes grieved to be preferred to any one of them within six monethes after the said Verdict soe had and given and not after, are hereby authorized to heare and finally determine the same, and to order and award such destribution of the moneyes soe paid unto the Chamberlaine aforesaid to the said person or persons Bodyes Pollitique or Corporate respectively, according to his and their severall and respective Interests in the same in such manner and forme as the said Justices and Barons or any three of them may determine any Differences or Demands which have arisen or shall arise betweene any Landlord or Tennant touching repaireing or rebuilding any of the Houses burnt downe or demolished by the late Fire by vertue of an Act of this present Parlyament entituled An Act for erecting a Judicature for determination of Differences touching Houses burnt downe or demolished by the late Fire which happened in London, According to which Order and Distribution the said summe and summes shall be paid by the said Chamberlaine to the said severall persons respectively.

IV. Where several Persons having several Estates in one House or Ground, and some delay to build, to the prejudice of others, the rest may rebuild the whole, if they will, and enjoy it to their own Use till re-imbursed.

In case of Neglect, &c. to pay Proportion of rebuilding within Two Years from the covering in, Rebuilders paying or tendering to their Co-partners the Value of their Estate may enjoy.; Difference about Charge of building to be determined by the City Surveyors, or by the Mayor and Court of Aldermen.

And bee it further enacted by the authoritie aforesaid That in case it shall happen that where there were two, or more Co-Partners, Joynt tennants, or Tennants in common of any House or Houses burned or demolished by the said late Fire; or that two or more persons, Bodyes Pollitique or Corporate had severall Estates or Interests in, severall Romes, Stories or parts of any such House or Houses burned or demolished; and that some or one of them is desireous and willing to build the same or such Part, Rome or Story of or in the same as to him or them doth or may appertaine according to his or their Estate or Interest as aforesaid, And that any other of the said Co-partners Joynt tennants or Tennants in common or others haveing such Estate or Interest as aforesaid in any of the Roomes Stories or Parts thereof shall delay or refuse to joyne in rebuilding of the same or to contribute his and their reasonable part and proportion towards the charge thereof That then it shall and may be lawfull to or for any one or more of such Copartners Joynt tennants, Tennants in common or others haveing Estate or Interest in any the Roomes Stories or Parts thereof as aforesaid that will rebuild the said House or Houses to cause such House or Houses to be wholly rebuilt in such sort and manner as the same was or were before the said late Fire or as neare thereunto as conveniently may be (the present Modell of Building considered) and respect being had to the different Interests of the partyes concerned as aforesaid, and the same House or Houses soe rebuilt to holde and enjoy to his and their owne proper use and benefit untill that he or they shall be fully satisfyed and reimbursed all such, and soe much of the charge of such building as in a due proportion ought to have beene contributed or allowed towards the building thereof by such Co-partners Joynt-tennants Tennants in common or others haveing such Estate or Interest as aforesaid according to his or their Estate or Interest therein as aforesaid together with Dammages for the same after the rate of Six pounds per Cent, per Annu[m] for the forbearance thereof to be accompted from the covering of the said Building; And in case of neglect or refusall to satisfie and pay such proportion of the charge of rebuilding thereof by the space of Two yeares to be accompted from the covering as aforesaid that then it shall and may be lawfull to and for such Rebuilders from and after the end and expiration of the said Two yeares to be accompted as aforesaid paying to such Copartners Joynt tennants Tennants in Common or others haveing such Estate or Interest as aforesaid therein; soe much as such their Estate or Interest shall be reasonably worth, or upon tender and refusall thereof to hold and enjoy such House or Houses soe rebuilt as aforesaid wholly and intirely against the partyes soe refuseing their Heires Executors Administrators Successors and Assignes for and dureing the continuance of such joynt or other Estate or Interest aforesaid as the partie or partyes by whome such House or Houses shall be soe rebuilt had in the same or in any Roome Story or other part thereof; And in case any Difference shall happen betweene such Builders, and any the partyes refuseing to build as aforesaid concerning the charge of rebuilding the same; or concerning the value of the Estate or Interest of the partyes soe refuseing to build as aforesaid, and what money ought to be paid or given for the same by such Rebuilder after such time and in manner as aforesaid; that then the same shall be referred to the Surveyors to be appointed for the said City for the time being, who, or any two of them shall and may upon their view adjudge estimate and determine the same respectively; And in case the said partyes or either of them shall refuse to submitt to such the judgement and determination of the said Surveyours, that then the said matters shall be referred to the examination of the said Maior and Court of Aldermen who shall heare and finally determine the same without further Appeale;

V. Difference about Party Walls to be determined in the like manner.

And bee it further enacted and declared That where there were severall Owners or others interessed of, or in severall Roomes Stories or other parts of any House or Houses which shall or may obstruct or hinder the makeing of the Partie walls intire and upright; and that the partyes therein concerned cannot or will not come to an Agreement touching the same; that then it shall be referred to the said Surveyours for the time being or any two of them to determine the difference thereby ariseing (if they can) who shall and may order and appointe an indifferent exchange to be made betweene the said partyes [by (fn. 3) ] dividing their Ground, Roomes or Stories; or otherwise as to them shall seeme most meete and reasonable for accommodateing of their severall Interests, or otherwise shall and may award satisfaction to be given in money to such of the said partyes as there shall be cause to the intent the Walls may be made upright according to the direction of the aforesaid Act for rebuilding; And in case the partyes therein concerned or either or any of them shall refuse to submitt to such the Order and Determination of the said Surveyours that then the said matter shall be referred to the said Maior and Court of Aldermen to heare and finally determine the same without further Appeale.

VI. Holborn Bridge Passage to be enlarged.

And whereas the Way or Passage of Holbourne bridge is now too straight and incommodious for the many Carriages and Passengers dayly useing and frequenting the same and is therefore necessary to be enlarged Bee it therefore likewise enacted That it shall and may be lawfull for the said Maior, Aldermen and Commons soe to enlarge and make wider the same as that the said Way and Passage may runn in a Bevill Line from a certaine Timber house on the North side thereof commonly called or knowne by the Name or Signe of the Cocke unto the Front of the Buildings of a certaine Inne called the Swan Inne scituate on the North side of Holbourne Hill as aforesaid.

VII. The Dimension of Corner Piers.

Posts of Oak may be used for Corner Piers.

And to prevent any doubts that may hereafter arise concerning Corner peeres and with what Materials the same ought to be made Bee it enacted and declared by the authoritie aforesaid That all Corner peeres of Stone or Bricke hereafter to be erected shall be of the Demensions of the Peeres of Stone mentioned in the said Act.; And that it be left to the liberty of all and every the Builders of Corner houses to use a substantiall Post of Oake Timber to prevent the danger that may happen by Carts and Carriages instead of the Corner peere of Bricke or Stone of such Demensions and Scantlings as the Surveyours of the said City shall direct and appoint; The said Act or any thing therein contayned to the contrary notwithstanding.

VIII. Water from Tops of Houses to be carried down by Pipes.

And bee it enacted That the Water from the tops of all Houses already built since the late Fire, and hereafter to be built and fronting or that shall front upon any the Streets, Lanes or Passages within the said City and Libertyes shall bee carryed and conveyed into the Channells by Pipes and Partie pipes (as the case shall require) to be brought downe on the Sides or Fronts of the said Houses.

IX. Recital of 18 & 19 Car. II. c. 8. § 32. (19 C. II. c. 3. § 34.) Thames Street, &c. to be raised Three Foot at least.

Breadth of the Streets and Passages.; The enlarged Passage from Cheapside to the Thames confirmed.; Owners of Grounds to take Notice of Stakes.; Levels and Marks for raising and sinking of Streets to be observed.

And whereas by the said Act for the rebuilding of the said City of London It is alsoe enacted for the preventing of Inundations and for easines of assent That the Streete called Thames streete and all the Ground betweene the said Streete and the River of Thames should be raised and made higher by three Foote at the least above the surface of the Ground as then it lay. And alsoe that the Lord Maior and Aldermen of London should and might open and enlarge a Streete or Passage to the River of Thames from Cheapeside through Soaper lane, and to Thames streete and thenceforth to the River of Thames And from [the (fn. 4) ] Three Cranes to the Thames aforesaid; and to make the same Streets and Passages fower and twenty Foote in Breadth. Now for prevention of any doubt that may arise touching the manner of cutting the said Streets and ordering the same; and to the end the said Streete called Thames streete and the Ground betweene the same and the River of Thames may be raised according to the intent of the said Act; and that other Streetes and Passages leadeing to and from the same may be answerable to their Levells thereunto, and that the steepenes and difficultie of the riseing and assent from the said River may with the more ease be abated Bee it enacted by the authoritie aforesaid That the said Streetes or Passages from Cheapeside through Soaper lane to Thames streete and thenceforth to the River of Thames, and alsoe from the Three Cranes to the said River shall be and remaine in such manner and forme as now they are; Any matter or thing to the contrary in anywise notwithstanding. And all Owners, Occupiers and all other person or persons any way interessed of, or in any the Grounds soe staked and sett out for the cutting, opening and enlargeing of the said Streets, Lanes or Passages or any of them are hereby required to take notice thereof, and to conforme thereunto accordingly. And alsoe that the Levells and Markes for raiseing or sinkeing aswell of the said Streete called Thames streete and the Ground betweene the same and the River of Thames as all other Streetes in and about the said City and Liberties thereof, in such manner as the same are or shall be appointed to be done before the twenty nineth day of September One thousand six hundred seaventy one by the Commissioners of Sewers and Pavements appointed by Act of Parlyament be henceforth observed in all places within the same.

X. Proviso in respect of Houses built or that were in building before the 14th May 1668.

Surveyors refusing to do their Duty; Appeal to Lord Mayor and Court of Aldermen.

Provided neverthelesse That where any House or Houses for Habitation have beene built or were in building within the said City and Liberties thereof on or before the Fowerteenth day of May in the yeare of our Lord One thousand six hundred sixtie and eight, at which time the said Rules and Levells for raiseing or sinkeing of the said Streetes were either not published or not generally knowne that it shall and may be, lawfull for the said Surveyours (who are hereby authorized and required soe to doe) with as litle variation from the said Rule as conveniently may be soe, to alter the said Levells or Markes or any of them, as that the said Buildings soe erected may receive as litle dammage thereby as may be; And if the said Surveyours or either of them upon request and due notice to be given by the Owner or Occupyer of such House shall refuse to doe his and their duty herein; or the said Owner or Occupier shall have any just Exceptions to their determination in the premisses that then and in such case it shall and may be lawfull for the said Owner or Occupier of such House (soe thereby greived) to appeale by his Petition in Writeing to the Lord Maior and Court of Aldermen, who upon deliberate heareing of both sides shall finally determine such Controversie without further or other Appeale.

XI. Recital of 18 & 19 C. II. c. 8. (19 Car. II. c. 3.)

No Builders to lay Foundation till Surveyor has viewed the same.

And whereas in and by the said Act for rebuilding of the said City It is further provided That the Surveyours by vertue of the said Act appointed and every of them within their severall Precincts shall take care for the equall setting out of all Party Walls and Party Peeres and that they permitt noe person to build either on the said Party Walls or on his owne contiguous Ground till the same be performed accordingly Now to the intent that all Exaction in takeing the said Surveys, and that all Differences which may hereafter arise betweene any the said Builders may be prevented Bee it enacted That noe Builders bee permitted by the said Surveyours to lay his or their Foundations untill the said Surveyours or one of them according to the true intent of the said Act have first viewed the same and seene the said Party Walls and Peeres equally sett out accordingly;

XII. Builders to pay to the Chamberlain of London 6s. 8d. before they lay their Foundation.

For the defraying whereof and all incident charges of measureing, stakeing out, takeing the Levell, and surveying the said Streets and Grounds. Bee it further enacted That all and every the said Builders before his or their Foundation shall be laid, or such Survey taken, shall repaire to the Chamberlaine of London, and there enter his Name together with the Place where [the (fn. 5) ] said Building is soe to be sett out, and pay downe to the said Chamberlaine the summe of six shillings and eight pence for every Foundation soe to be built respectively, upon Receipt whereof the said Chamberlaine shall give his Acquittance; which said Acquittance being produced to the said Surveyours or any of them, they and every of them are hereby required within three dayes next after such Request to survey and sett out all and every the said Foundations accordingly.

XIII. So in respect of Builders who have laid Foundation since the 18 & 19 C. II. c. 8. (19 C. II. c. 3.) Action for Chamberlain.

And bee it further enacted That all and every the said Builders who have at any time since the makeing of the said Act for rebuilding the said City laid any Foundations to be built upon shall forthwith pay unto the Chamberlaine aforesaid for every the Foundations severally erected to be inhabited the summe of Six shillings and eight pence unlesse the same hath beene formerly paid, And in defaulte thereof it shall and may be lawfull to and for the said Chamberlaine for the time being by Action of Debt to be commenced in the Name of the said Chamberlaine in the Kings Majestyes Court to be holden in the Chamber of the Guild hall of the said City before the Lord Maior and Aldermen of the same City to recover the same, in which Action noe Essoyne or Wager of Law shall be allowed.

XIV. Difference about the true Value of Party Walls, stopping Lights, &c. to be decided by Alderman of Ward or his Deputy or by Lord Mayor and Court of Aldermen.

Not obeying such Determination; Penalty.

And whereas it is provided in and by the said Act That all Differences ariseing betweene any the Builders within the said City or Liberties thereof concerning the true Value of Party Walls, and all Differences ariseing betweene the said Builders or any others concerning placeing or stopeing up of any Lights Windowes, Watercourses or Gutters which may hinder or retard the said Buildings shall and may be heard mediated and determined (if it may be) by the Alderman of the Ward where the cause of any such Difference shall arise and his Deputy; and where the said Alderman and his Deputie or any of them be concerned as partyes in the Controversies, or that they cannot determine the said Differences that then and in every such case the same be certifyed by the said Alderman or his Deputy unconcerned therein to the said Maior and Court of Aldermen who upon deliberate heareing of all partyes shall finally determine the same without further Appeale; Neverthelesse in the said Act there is noe certaine Penaltie provided for such as shall obstinately refuse to obey the said Determination; Now to the end there may be a due Obeidience yeilded to such Determinations as have beene or shall be made in any of the cases last mentioned and in all other Cases hereby left to the finall Determination of the said Maior and Court of Aldermen; Bee it enacted by the Authoritie aforesaid That all and every partie and partyes any way concerned to give obeidience to any such Determination as aforesaid shall obey and performe the same under such paines and penaltyes as by the said Act arc or may be inflicted upon the Builder or Levyer of any irregular built House contrary to the meaning of the same late Act.

XV. Difference concerning obstructing Common Ways, Passages, &c. to be determined by Alderman of Ward or his Deputy, or by Lord Mayor and Court of Aldermen.

Not obeying such Determination; Penalty.; Obstructions to be abated.

And bee it further enacted That all Differences which shall or may arise concerning the misplaceing, straightning or stopping up or any wayes obstructing any common or private Entryes [Allies (fn. 6) ] Wayes Staires Landing Places or Passages, Houses of Office, Tunnells, Draughts, and other Easements heretofore used & enjoyed within the said City of London or the Libertyes thereof shall and may by vertue of this Act be heard, mediated and determined (if it may be) by the Alderman of the Ward where the Cause of any such Difference shall arise and his Deputie; And where the said Alderman and his Deputy or one of them be concerned as Partyes in the said Controversie, or that they cannot determine the same Differences that then upon the complaint of the partie or partyes concerned, to the said Maior and Court of Aldermen they shall heare and finally determine the same in such manner as by the aforesaid Act; for the rebuilding of the said City of London is appointed in case of differences concerning placeing and stopping of Lights, Windowes and Watercourses, And all partyes concerned are hereby required to obey and submitt to such their Determination under such and the like penaltyes as by the aforesaid Act are or may be inflicted upon such irregular Builders as aforesaid. And that all such obstructions aswell where any Lights, Windowes Watercourses or Gutters are or shall be hindred and stopped up, as whereby any common or [private (fn. 6) ] Allyes, Entryes, Wayes, Staires, Landing Places or Passages are or shall be stopped up, straightned or misplaced as aforesaid shall and may by Order of the said Maior and Court of Aldermen be abated and removed by vertue of this Act.

XVI. Rates for Wharfage and Cranage to be assessed by His Majesty and Privy Council. Table of Rates to be hung up at Wharfs.; Exacting higher Rates, or refusing to suffer Goods to be landed, &c.

Penalty £10.

And forasmuch as great Exactions have beene and are exercised by Wharfingers and others imployed about the Wharfage and Cranage of Goods landed or shipped off, at or from the said City of London, For remedy thereof Bee it enacted That such Rates and noe other shall from time to time be taken for Wharfage and Cranage aswell of Timber and other Materialls for building as of Coles and other Goods and Merchandizes as by his said Majestie with the Advice of his Privy Councell shall for that purpose be assessed and allowed to be taken, a Table of which Rates shall be hanged up at every of the said Wharfes respectively, And if any Wharfinger or other shall exact or demand, or directly or indirectly, take or receive for Wharfage or Cranage, or by colour thereof, more then according to the Rates which shall be soe assessed, or shall refuse to suffer any Goods or Merchandize to be landed or shipped at [of (fn. 6) ] or from any Wharfe or Wharfes within the said City or the Liberties thereof at the Rates aforesaid, such Offender shall forfeite for every such offence the summe of Ten pounds to the partie or partyes thereby greived to be recovered with full Costs of Suite by Action of Debt, Bill, Plaint or Information in any of his Majestyes Courts of Record at Westminster or within the said City of London as the cause shall arise, wherein noe Essoyne Protection or Wager of Law shall be allowed, nor any more then one Imparlance.

XVII. Recital that 18 & 19 C. II. c. 7. (19 C. II. c. 2.) is expired; and that divers Causes thereunder remained undertermined, &c.

The said Act revived, with an additional Authority to the Judges.

And whereas the aforesaid Act for erecting a Judicature for determination of Differences touching Houses burned or demolished by the reason of the late Fire which happened in London, is expired, and for that there were many Causes brought before the said Judicature which are yet undetermined, and diverse other Causes proper to receive a determination before the said Justices and Barons which they found not to be within the authoritie given them by the aforesaid Act; and that many more differences doe and may arise which could not be heard and determined within the time limited by the said Act: And for a further and additionall authoritie to the said Justices and Barons to heare and determine all the aforesaid differences and for a more easy Execution of the said authoritie It is hereby further enacted and declared That the same Act and the Judicature thereby erectted and all and every the Powers and Authorityes thereby given to the Justices of the Court of Kings Bench and Common Pleas and Barons of the Coife of the Exchequer for the time being or any three or more of them and all other matters and things therein contained shall from henceforth stand and be revived and remaine in full force untill the Twenty nineth day of September One thousand six hundred seaventy one Any clause, matter or thing in the said Act contained to the contrary notwithstanding.

XVIII. No Term to exceed Sixty Years.

[Provided alwayes and bee it enacted That the terme of forty yeares shall not be added to any Estate for life, or terme of yeares in being soe as thereby to make the whole terme exceede the number of sixty yeares by any Decree hereafter to be made by vertue of this or the said former Act. (fn. 7) ]

XIX. Complaints to be exhibited before the 29th Sept. 1670, otherwise Landlords, &c. may re-enter and rebuild.

Provided alwayes and it is hereby declared That the said Judges and Barons the respective Courts aforesaid or any of them shall not take Cognizance of; nor proceede to heare or determine any Differences or Demands which have arisen or may in any wise arise betweene any Landlords, Proprietors, Tenants, Lessees, Under Tennants, or late Occupiers of any the said Houses or Buildings or any other matter or things by the aforesaid Act in that behalfe made referred to the determination of the said Judicature upon any Complaint or Request unlesse the same shall bee exhibited or depending before the said Judicature at or before the twenty ninth day of September One thousand six hundred and seaventy; And that in all such cases where noe Complaint or Request shall before that time be exhibited or depending before the said Judges and Barons it shall and may be lawfull to and for all Landlords and Proprietors from and after the [said (fn. 8) ] twenty ninth day of September One thousand six hundred and seaventy to reenter upon the Ground or Soyle to be rebuilt upon, and to avoid the Interest and Terme aswell of the Tennants in possession, as all other Mean-Tennants and to rebuild thereupon, whereby to preserve his or their Estate or Interest therein from being sold by the said Maior, Aldermen and Common Councell by vertue of the said late Act for rebuilding the City of London.

XX. Lessees for Years omitting to build, and Landlords having begun to rebuild, &c. such Lessees to lose their Term.

And whereas diverse Lessees for yeares haveing Termes to come at the time of the said Fire have omitted to rebuild, and their Landlords for saveing their Inheritances from forfeiture have rebuilt, or begunn to rebuild Houses thereupon, and many of them have lett the same to other Tennants who with their Trades and Familes are setled therein; To the end the said Rebuilders and their Assignes may not bee disquieted in their Possessions Bee it enacted That where any Termer for yeares to come at the time of the said Fire hath soe ommitted to rebuild; and the Landlord or his Assignee or Assignees hath rebuilt or begunn to rebuild, that the Leases of such Termors, who have ommitted to rebuild be from henceforth absolutely void; Neverthelesse the said Judges are hereby authorized to award such Controbution or Recompence to the said Termors as they shall thinke fitt.

XXI. Decrees signed by surviving Judge or Judges effectual in certain Cases.

And bee it further enacted by the authority aforesaid That if after any Order, Judgement or Decree hath beene or hereafter shall be pronounced by any three or more of the said Justices or Barons, any one or more of the said Justices or Barons soe pronounceing the same are already dead or shall die before such Order Judgement or Decree shall be signed according to the said recited Act, the Signing thereof by the Survivour or Survivours of the said Justices and Barons shall be as good and effectuall to all intents and purposes as if the same were signed by Three or more of the said Justices and Barons, Any thing in the said recited Act contained to the contrary thereof notwithstanding.

XXII. Persons being absent or beyond Sea, the Court, after Three Months, may determine.

And bee it enacted by the authoritie aforesaid That where any person or persons concerned in any of the demolished premisses is or shall be beyond the Seas, or cannot be found or summoned to appeare in the said Court, that upon the Complaint or Petition of the Partie agreived filed in the said Court for the space of three monethes or more, and Oath in Writeing made of the endeavour to summon such absent person or persons, That then the said Court shall or may after the end of the said three moneths proceede to heare and determine the said Cause; And that such Order, Judgement or Decree as the said Justices and Barons or any three or more of them shall make in such case shall be binding to such absent person or persons their Heires Executors Administrators and Assignes as if he or they were actually summoned and present at the makeing such Decree.

XXIII. Leases to be made according to Decree of the said Judicature and adjudged good.

Present and additional Terms may be united in one Lease.

And alsoe bee it enacted by the authoritie aforesaid That for the avoiding difficultyes in the recovering of Rents, and for the ascertaining of Covenants Termes and Conditions ordered or to be ordered or decreed according to this or the said recited Act, All and every person and persons Bodyes Pollitique and Corporate respectively bound by such Order or Decree their respective Heires Successors and Assignes shall and may execute Leases and Counterparts thereof according to the tenoure of the said Orders and Decrees, and they are thereunto required by vertue of this present Act, All which Leases shall be binding and good in Law. Any Law Statute or Inability whatsoever to the contrary notwithstanding. And that where Leases in reversion or additionall Termes are or shall be ordered or decreed by force of this or the said recited Act the respective Partyes concerned shall or may at their pleasure unite & joyne together both the present and additionall Termes into one Lease which shall be good and effectuall against the Lessors their Heires Executors Successors and Assignes Any Law, Statute, Usage, or Custome whatsoever to the contrary t ereof notwithstanding.

XXIV. Justices and Barons may appoint a Seal.

And bee it enacted by the authoritie aforesaid That the said Justices and Barons or the greater number of them shall or may appoint a Seale to be and remaine with the Register of the said Court for the sealeing of all Warrants, and that all such Warrants which shall be sealed with the said Seale and signed by the said Register for the summoning or warning any persons Bodyes Pollitique and Corporate concerned in the late demolished Houses and Premisses, or Witnesses shall oblige them to appeare according to the tenoure of such Warrants. Any thing in the said former Act to the contrary [thereof (fn. 8) ] notwithstanding.

XXV. Decrees how to be made against Infants.

Infants attaining Age, or dying before, then their Heirs, &c. to execute Leases.

And bee it enacted by the authoritie aforesaid That where the Inheritance or other Estate of or in any of the said Houses or Premisses are or shall be in any Infant or Infants under the age of One and twenty yeares or in any Trustees for them or any of them, It shall be in the Power of the said Justices and Barons or any Three or more of them upon the Petition of the Father, Mother or next of Kinn, or other Friend to such Infant or Infants to order or decree a Lease or Leases against such Infant or Infants and their Trustees for any terme or termes of yeares not exceeding Fifty one yeares in the whole to such Father Mother or other person that shall or will undertake the rebuilding of such Houses at and under such Rent or Rents, and under such Convenants, Conditions and Agreements as they the said Justices and Barons or any three or more of them shall thinke fitt and adjudge; which said Leases and Termes soe decreed shall and may be held and enjoyed accordingly by vertue of this present Act; And that such Infant or Infants upon request after they shall attaine to their respective ages of One and twenty yeares; and in case of the death of such Infant or Infants, his and their Heires Executors or Administrators shall and are hereby required to execute such Leases accordingly; and the respective Tennants the Counterparts thereof.

XXVI. Orders to bind Tenants in Tail, and also Reversioners, &c.

And bee it enacted by the authority aforesaid That for the encouragement of Builders and secureing their Estates, every Order Judgement and Decree that hath beene or shall hereafter be made by the said Justices and Barons or any three or more of them by force of this or the said recited Act touching the Interests and Estates of Tennants in Taile shall conclude and binde aswell Tennants in Taile and their Issues as alsoe the Estates in Remainder and Reversion according to the tenor of such [Order (fn. 9) ] Judgement or Decree,

XXVII. Persons decreed to build rendering an annual Rent, may build and enjoy.

And for better secureing the Estates of the said Builders Bee it further enacted by the authoritie aforesaid That all and every person and persons and their Executors Administrators and Assignes who are or shall be decreed by the said Judicature to build any Messuages or Tenements or any the said demolished Premisses upon any Terme or Estates rendering an annuall Rent, have or shall build the same accordingly shall hold and enjoy such their severall and respective Termes and Estates under the Rents and Covenants decreed notwithstanding any other Estate, Right, Title, Interest in Law or Equity Trust Charge or other Incumbrance whatsoever.

XXVIII. Actions may be brought to enforce the Performance of the Judges Decrees.

And for the better obligeing of all psons to the performance of the Orders and Decrees made or to be made by the said Judicature Bee it enacted by the authoritie aforesaid That where any person or persons are or shall be ordered or decreed to pay any Rate, Contribution, Summe or Summes of Money in pursuance of this or the said recited Act for erecting the said Judicature it shall be lawfull for the partyes concerned upon non-payment thereof to sue for and recover the same by Action of Debt, or upon the Case in any of his Majestyes Courts of Record at Westminister or within the City of London, and to give such Order or Decree in Evidence to prove the same; In which Action noe Essoyne, Protection or Wager of Law shall be allowed; And where any person or persons are or shall be ordered, adjudged or decreed to build, seale a Lease, give Security, or doe any other Act in pursuance of this or the aforesaid Act, It shall and may be lawfull for the partie or partyes concerned, in default of performance thereof by Action upon his Case, to be brought in any of his said Majestyes Courts of Record aforesaid to recover Dammages for such non performance, or to have or bring his Bill in any Court of Equity to inforce the actuall performance of the same;

XXIX. Justices and Barons may administer Oaths out of Court.

And bee it enacted by the authoritie aforesaid That it shall and may be lawfull for the said Justices and Barons or any of them out of Court to administer Oathes and take Affidavits in Writeing concerning any matter relateing to the proceedings in the said Judicature, which Affidavits shall or may be made use of in Court as the said Justices and Barons or any three or more of them shall thinke fitt.

XXX. Recital that in certain Cases the Party had not time to appeal.

Appeals allowed in such Cases.

And whereas some Orders and Decrees in the late Court of Judicature erected by the late Act of Parlyament touching the houses burnt in London were made the same weeke that the power of the said Court of Judicature determined whereby the partyes concerned had not the same time and liberty of exception and appeale as others had; Bee it therefore provided and enacted by this present Parlyament and the authoritie thereof That where any such Order or Decree was made by a lesser number of Justices and Barons then Seaven, if the said Order or Decree were made since the One and twentyeth day of December in the yeare of our Lord One thousand six hundred sixtie and eight, It shall be lawfull for any persons agrieved by such Order or Decree to present their Exceptions to the same in Writeing within Seaven dayes next after the first sitting of the said Justices and Barons by vertue of this present Act; And that the same Examination, Proceedings, Review and Determination shall be thereupon had and made, and as effectually to all intents as if the said Exceptions had beene presented within the due time limitted and appointed by the said late Act of Parliament. Any thing in this or the said late Act of Parlyament to the contrary in any wise notwithstanding.

XXXI. Further Power given to the Judges as to certain Houses burnt before the great Fire.

And whereas there were severall Houses in the City of London consumed by Fire within three yeares next before the said late dreadfull Fire which by reason of some differences and doubts ariseing in point of Title the same were not, nor are likely to be rebuilt unlesse some course be taken for the decideing of such differences For remedy whereof Bee it further enacted by the authoritie aforesaid That the said Judges and Barons or any three or more of them be and are hereby authorized and impowered to heare and determine all such cases for all such Houses and Tenements as fully and amply and in like manner to all intents and purposes as they can or may heare and determine any other matter herein mentioned; And all Decrees and Orders in such cases to be made shall binde and be obeyed by all partyes therein concerned and shall be of like effect as if the same were made for any other matter or thing herein mentioned.

XXXII. Recital that by reason of making certain Streets divers Slips of Ground are rendered useless.

Justices and Barons to determine Controversies respecting the same.; Jury to be impannelled.; Orders made therein to bind; and Parties may hold and enjoy accordingly.

And whereas by reason of inlargeing several Streets, and of makeing the new Streets called Kings streete leading from Guild hall into Cheapeside and Queene streete leading from Soaper lane to the River of Thames there are diverse slipps and small parcells of ground remaineing altogether uselesse to the Owners thereof in reguard the same are not capeable of any house being built thereupon It is therefore hereby further provided and enacted That for the makeing the said Streets and Buildings conformable, and for the better determining of all Controversies concerning the same that the said Justices and Barons or any Three or more of them be and are hereby authorized and impowered to heare and determine all Controversies and Differences ariseing by reason or occasion thereof in like manner as they can or may heare or determine any other Matter or Cause referred to their Judgement by vertue of this or the aforesaid Act for erecting the said Judicature and may make such Orders and Decrees either for [the (fn. 10) ] transferring the propriety of such parcells of Ground left next the said Streets to the Owners of the backeward Ground, or by transferring the propriety of a proportion of the backeward Ground to the Owners of any the said small parcells of Ground, or by annexing it to the next adjoyning and contiguous Ground in order to the regular building thereupon; And for all such parcells of Ground the propriety whereof shall be soe transferred by such Order or Decree of the said Justices and Barons or any Three or more of them as aforesaid and for all Charges and Damages concerning the same such Recompence and Satisfaction shall be given by the Builders to the respective Proprietors and others interessed therein as shall be awarded by a Jury for that purpose to be impannelled by the Lord Maior and Court of [Alderman (fn. 11) ] in like manner as by the aforesaid Act for rebuilding the said City of London is appointed in case of satisfaction to be given for grounds taken and imployed for the uses in that Act mentioned in case the partyes concerned will not, or by reason of Infancy or other impediment cannot come to agreement touching the same; Which Orders and Decrees in that behalfe to be made shall binde all partyes therein concerned, their Heires, Executors, Administrators, Successors and Assignes and shall be of like effect as other Decrees made by the said Justices and Barons or any Three or more of them by vertue of this or the aforesaid Act, to the intent that the Building thereupon may extend to the said Streets, in a right line with other Houses there built, and the Owners and others interessed of and in the said adjacent and contiguous Grounds paying to the Owners and others interessed, of and in the said small slipps and parcells of Ground such satisfaction as shall be ordered and awarded by the said Justices and Barons or any Three or more of them upon heareing of the partyes concerned (who are hereby authorized and impowered to heare and determine the same, and therein to make such Orders and Decrees as in other Causes referred to their Judgement and Determination by this or the aforesaid Act) shall and may for ever holde and enjoy the same by vertue of this present Act.

XXXIII. Recital that by 18 & 19 Car. II. c.8. §34. (19 C. II. c. 3. §36.) an Imposition on Seacoals, and all other Coals, should be paid to the Mayor, &c. and employed for enlarging the Streets, and other public Works, from the 24th June 1667 to 24th June 1677. but that greater Sums are required.

A Duty to be paid on all such Coals imported from 1st May 1670 to 29th Sept. 1687.; Rules and Authorities of 18 & 19 C. II. c.8. § 34. (19 C. II. c.3. §36.) and other Powers in force for collecting the said Duty.; Duties paid into the Chamber of London, and then issued for the Purposes of Act.

And whereas for the further enableing of the said Maior and Commonalty and Citizens of the said City of London and their Successors to performe and accomplish the workes in the said Act for rebuilding the said City mentioned It was thereby enacted That for all sortes of Coles, which from and after the Twenty fourth day of June One thousand six hundred sixtie seaven, and before the Twenty fourth day of June One thousand six hundred seaventy seaven should be brought into the Port of London or River of Thames within the Liberties of the said City upon the same River to be sould there should be paid by way of Imposition thereupon for every Chauldron or Tunn of Coles the summe of Twelve pence to be answered to the said Maior and Commonaltie & Citizens and their Deputyes and Assignes and to be applyed and disposed unto and for the satisfaction of such persons whose Grounds should by vertue [and in pursuance (fn. 10) ] of the said Act be taken and imployed for the inlargeing of the Streets and narrow Passages within the said City and other uses and purposes in the said Act mentioned But forasmuch as it doth and will require farr greater summes of money to give satisfaction for the Ground to be taken and employed for the enlargeing of the Streetes by this and the aforesaid Act appointed to be enlarged, and for publique Market places and other the publique uses and purposes in this Act mentioned then at the time of the passing of the said Act was or could be foreseene, Therefore for the further enableing of the said Maior, Commonaltie and Citizens of the said City and their Successors to performe the Workes in this, and the said Act for rebuilding mentioned, And alsoe for the rebuilding of the respective Parish Churches by this Act appoynted. to be rebuilt, Bee it enacted by the authorise aforesaid That for all sortes of Coles which. (from and after the First day of May One thousand six hundred and seaventy, and before the Twenty ninth day of September which shall be in the yeare of our Lord One thousand six hundred eighty seaven) shall be imported and brought into the [said (fn. 10) ] Port of the City of London, or the River of Thames within the Liberties of the said City upon. the same River there shall be paid by way of Imposition thereupon according to the Rates hereafter mentioned (that is to say) for all such Coles as shall be there imported and brought in from and after the said First, day of May One thousand six hundred and seaventy and before the Twenty fourth day of June One thousand six hundred seaventy seaven there shall be paid for every Chauldron or Tunn thereof Two shillings over and beside the aforesaid Imposition of Twelve pence the Chauldron or Tunn by the said Act for the rebuilding the City of London appointed to be paid, And for all such Coles which shall be there imported and brought in from and after the said Fower and twentyeth day of June One thousand six hundred seaventy seaven and before the [said (fn. 11) ] Twenty ninth day of September One thousand six hundred eighty seaven, there shall be paid for every Chaldron or Tunn thereof Three shillings and the same shall by vertue of this Act be collected leavyed and paid in such sort and manner in all and every respect as in and by the said Act is limitted and appointed for the collecting and leavying the Duty of Twelve pence the Chauldron or Tunn of Coles imposed by the said Act, and all and every the powers, authorities, directions and provisions in, or by the said Act mentioned or provided for the leavying and collecting thereof, or for the ordering or regulateing the payment of the said Cole-meters, or others in the discharge of their respective Offices and Dutyes, or for the preventing of Fraude and Covin, and discovery of the just Quantityes of all sortes of Coles to be imported as aforesaid, and all other things relateing thereunto shall remaine and be in force and by vertue of this present Act shall and may be exercised and putt in ure for the collecting and leavying the severall Dutyes aforesaid and of either of them respectively according to the purport and effect of the aforesaid Act in all and every respect: and that for and dureing all the time by this Act limitted and appointed for the payment of the said Impositions or either of them respectively, as if the same were expressely mentioned in this present Act with reference to the said Impositions thereby imposed; all which moneyes soe to be received upon accompt of the said respective Impositions or either of them shall from time to time be paid into the Receipt of the Chamber of the City of London, and from thence shall be issued and paid according to the direction and appointment of this present Act and not otherwise; And the said Chamber of the City of London shall stand and be charged with all the residue of the said moneyes there paid in, which shall not be issued out and paid accordingly.

XXXIV. How the Money received by means of the several Impositions are to be disposed, and by whose Order and Direction.

And bee it further enacted That all and every Summe and Summes of money which shall be raised upon the Receipt of the severall and respective Impositions aforesaid, or by such additionall Duty, in case of concealement thereof, as by the aforesaid Act is appointed shall be imployed and disposed in manner and forme following (that is to say) Three fourth parts of all the moneyes which from and after the said First day of May One thousand six hundred seaventy and before the said Twenty fourth day of June One thousand six hundred seaventy and seaven shall be raised or payable upon the Receipt of the aforesaid Imposition of Two shillings for every Chaldron or Tunn of Coles, or in case of concealment thereof as aforesaid shall be imployed and disposed for and towards the rebuilding, erecting or repaireing of the said Parish Churches respectively according to such Order and Direction as by the Lord Archbishop of Canterbury, the Lord Bishop, and Lord Maior of London for the time being or any two of them shall be given in that behalfe, and the same shall from time to time be issued out and paid accordingly unto such person and persons as they or any two of them shall by Warrant under their Hands and Seales for that purpose direct and appoint; And the other fourth part residue thereof shall be imployed for and towards the giveing Satisfaction for Grounds sett out and imployed for inlargeing of the Streetes, makeing of Wharfes, Keyes, Publique Market places, and other Publique uses in this and the aforesaid Act mentioned and appoynted ; And that one moyety of all the moneyes which from and after the said twenty fourth day of June One thousand six hundred seaventy and seaven shall be raised or payable upon the aforesaid Imposition of Three shillings the Chaldron or Tunn of Coles, or in case of concealement thereof as aforesaid shall be imployed and disposed for and towards the rebuilding erecting and repaireing of the said respective Parish Churches by such Order and Direction, and to be issued and paid by such Warrant of the said Lord Archbishop of Canterbury, Lord Bishop and Lord Maior of London for the time being as aforesaid : And the other moity thereof shall from time to time be imployed and disposed for the giveing of Satisfaction for Ground sett out and imployed as aforesaid, and such other publique uses and purposes as in this and the aforesaid Act are mentioned and appointed.

XXXV. Ten Shillings out of every £ 100 to be retained by the Chamberlain, &c. out of the Duty for the Use of the Corporation of London.

And bee it further enacted and declared by the authoritie aforesaid That for all moneyes ariseing upon the Receipt of the severall Impositions aforesaid or either of them respectively, which in pursuance of this Act shall be paid into the Chamber of the City of London, It shall and may be lawfull for the Chamberlaine or such other person or persons who shall be appointed to issue out and pay the same, thereout to defaulke and retaine for the use of the said Maior and Coo[m]monalty and Citizens of the said City and their Successors the summe of Ten shillings for every hundred pounds, and soe after that rate for any greater or lesser summe thereof in lieu of the Trouble, Hazard, and incident Charges attending the Receipt and Payment thereof.

XXXVI. One Fourth of the Money for Repair, &c. of Churches may be employed in Repair of St. Paul's Church.

Provided alwayes and bee it enacted That it shall and may be lawfull for the Lord Archbishop of Canterbury, the Lord Bishop of London and Lord Maior of London for the time being or any two of them as aforesaid to imploy or dispose for and towards the building, [or (fn. 12) ] repaireing the Cathedrall Church of Saint Paul One fourth part of the money by this Act given and appointed for the building, erecting or repaireing the Parish Churches aforesaid.

XXXVII. The said Duty may be engaged for Money to be borrowed.

How such Money to be employed.; Lord Mayor, &c. may assign Proportions of Duty to Lenders.; Residue of the said Impositions to be also engaged for other Monies.

And forasmuch as the moneyes to be raised by such Receipt of the Impositions aforesaid for every Chaldron or Tun of Coles by vertue of this and the aforesaid Act will not at present raise such a stocke or summe of money as may be sufficient for the effecting the ends and purposes in this and the aforesaid Act mentioned and intended. It is hereby further enacted and declared That the Lord Archbishop of Canterbury, the Lord Bishop of London, and Lord Maior of London for the time being, shall bee and are hereby impowered by Indenture under their Hands and Seales to engage the proffitts ariseing of the respective Impositions, by this Act imposed, and thereby appointed to be imployed for and towards the rebuilding and erecting or repaireing of the Cathedrall and Parish Churches within the said City respectively or any part or parts thereof as a Security for any summe or summes of money, by them to be borrowed for that purpose to any person or persons that shall or will advance any [summe or (fn. 13) ] summes of money upon that Security; All which moneys soe to be borrowed shall be imployed for and towards the rebuilding and erecting or repaireing of the said Cathedrall and Parish Churches respectively according to the true intent and meaning of this Act. And in like manner alsoe are hereby further impowered to assigne such proportion or proportions of the moneys to be paid in course out of the said Impositions to the Parishioners of any the said respective Parish Churches, or any other person or persons who shall and will secure the advancement of present moneyes for the rebuilding of their respective Parish Churches and shall be willing to accept of such Assignments for his or their satisfaction of the moneyes to be disbursed and laid out in the rebuilding thereof; And that the said Maior, Commonaltie and Citizens of the City of London and their Successors shall be and are hereby enabled to engage the residue of the proffits ariseing of the said Imposition either by vertue of this or the aforesaid Act respectively, as a Security for any summe or summes of money by them to be borrowed and taken up for that purpose by Indenture under their Common Seale to any person or persons that shall or will upon that Security, advance any present summe or summes of money: All which summe or summes of money soe to be borrowed shall be imployed for and towards the makeing of such satisfaction and other the uses intents and purposes whereunto the said respective Impositions are by this and the aforesaid Act appointed to be converted and imployed and not otherwise; And alsoe in like manner shall and may assigne any summe or summes of money to be paid in course out of the said Imposition to any person or persons whose Grounds shall be taken as aforesaid, who are or shall be willing to accepte thereof for his or their satisfaction.

XXXVIII. A new Key or Wharf to be made on a certain Tract of Ground from London Bridge to the Temple Forty Foot broad.

Buildings fronting to be of Second or Third Rate according to 18 & 19 C. II. c. 8. (19 C. II. c. 3.)

And bee it further enacted by the authoritie aforesaid That for the better benefitt and accommodation of Trade and for other great Conveniencies there shall be left a continued Tract of Ground all along from London bridge to the Temple of the breadth of Forty Foote of Assize from the North side of the River of Thames to be converted to a Key, or publicke and open Wharfe, and that in order thereunto all Buildings, Sheds, Pales, Walls, Inclosures and other obstructions and impediments whatsoever now standing or being within, Forty Foote Northward of the said River of Thames betweene the places aforesaid (Cranes, Staires and Dockes onely excepted) shall within eight monethes now next ensueing be taken downe and removed, and the said Ground cleared and levelled, and that from henceforth there shall be noe Building or Erection whatsoever (except onely Craines, Staires and Dockes as aforesaid) placed or sett within or upon the said Forty Foote of Ground or any part thereof betweene the places aforesaid, And that all Buildings that shall hereafter immediately border upon any part of the said Ground upon the North side thereof shall front and be placed in the Line that shall be sett out for the Bounds of the Breadth of the said Forty Foote of, Ground Northward. And that the same Building shall be of the Second or Third sorte or rate of Buildings mentioned in a former Act of this present Parlyament entituled An Act for the rebuilding of the City of London at the Election of the builder thereof, wherein such regularity of Building shall be observed, and under such penaltyes as are contained in the said Act in that behalfe and wherein such Uniformity [alsoe (fn. 14) ] shall be had as in other Streets of the said City except Common Halls for Companyes and other Buildings which shall be otherwise allowed of by his Majestie.

XXXIX. The said Tract of Ground to be open. Bounds to be distinguished only by Denter Stones.

Regulation as to Lighters, &c. lying before the said Wharf;

And bee it further enacted That, all the said Tract of Ground of the said breadth of Forty Foote from the said River shall lie open and at large without any division or separation, and that the Bounds of each Proprietors Ground therein shall be distinguished onely by Denter stones to be placed in the Pavement thereof, And that the Line of the whole Key or Wharfe betweene the places aforesaid and alsoe the severall Cranes and Staires within the same places shall be ascertained by the direction of the Lord Maior and Court of Aldermen, and sett out by their Surveyour accordingly with his Majestyes Approbation, on or before the Fower and twentyeth day of June One thousand six hundred and seaventy, And further That noe Lighter, Boates or other Vessells shall lye before any the said Wharfes or Keyes betweene the places aforesaid on the North side of the said River longer then shall be necessary for the ladeing or unladeing of Goods without the consent and permission of the Wharfingers or Proprietors thereof.

XL. and as to lading and unlading Rates, &c. at the said Wharf.

And bee it further enacted and declared That it shall and may be lawfull for any person or persons to lade or unlade any Goods or Merchandices at any of the said Wharfes or Keyes for Wharfage and Cranage, whereof every Proprietor, Wharfinger or other Person concerned shall and may demand and receive such Rates and noe other for the same as shall from time to time be sett out and appointed by his Majestie with the advice of his Privy Councill.

XLI. The Channel of Bridewell Dock from the Thames to Holborn Bridge to be made navigable. Breadth of Wharfs, &c.

Buildings to front and be of the Second Rate, according to 18 & 19 C. II. c. 8. (19 Car. II. c. 3.) Regulations as to Lighters, &c. lying before the Wharfs, and landing Goods; and as to Rates to be set by the King and Council. Certain other Rates may be set by Lord Mayor and Court of Aldermen, with the Approbation of Two Barons of the Exchequer.

And bee it further enacted by the authoritie aforesaid That for the further convenience of Trade the Channell of Bridewell docke from the Channell of the River of Thames to Holbourne bridge shall be sunke to a sufficient Levell, whereby to make it navigable. And that the Ground to be sett out for the breadth of the said Channell and of the Wharfes on each side thereof shall not be lesse in breadth then One hundred foote, nor shall exceede One hundred and twenty foote in breadth. And that the Line of the said Channell and Wharfes and Levells thereof together with the Cranes and Staires to be placed thereon shall be ascertained by the said Lord Maior and Court of Aldermen with his Majestyes Approbation, and sett out by the Surveyours accordingly at or before the first day of May next ensueing. And that all the said Wharfe ground on each side of the said intended River shall lye open and at large (Cranes and Staires onely excepted) without any division or separacc[i]on, and each persons propriety therein to be distinguished onely by Denter stones in the pavement thereof, [And that all Buildings that shall hereafter immediately border upon each side of the said Wharfes shall front and be placed in the Line that shall be sett out for the bounds of the breadth of the Wharfes from the Channell, And that the said Buildings shall be of the second rate of Buildings mentioned in the said Act for rebuilding wherein such Regularity of Building shall be observed and under such penaltyes as are contained in the said Act, (fn. 15) ] And that noe Lighter, Boate or Vessell shall lye before any the [said (fn. 14) ] last mentioned Wharfes or Keyes longer then shall be necessary for the ladeing or unladeing of Goods without the consent or permission of the Wharfingers or Proprietors thereof. And that it shall [and may (fn. 16) ] be lawfull for any person or persons to land any Goods or [Merchandices (fn. 17) ] at any of the said Wharfes or Keyes within the intended Channell or Cutt soe to be made for Wharfage & Cranage, whereof every Proprietor, Wharfinger or other person concerned shall demand and receive such Rates and noe other for the same as shall from time to time be sett and appointed by his said Majestie with the advice of his Privy Councill as aforesaid. And that certaine reasonable Rates for Tolls and other Proffitts ariseing by the Navigation of the said Channell or Cutt shall be sett and appointed by the Lord Maior and Court of Aldermen with Approbation of the Barons of the Exchequer or two or more of them and the same Tolls or Proffitts vested in the Maior Commonaltie and Citizens of the City of London for preservation of the said Navigation Sluces and other incident charges thereof.

XLII. How the Charge of sinking and making the said Channel to be defrayed.

[Provided alwayes and bee it further enacted and declared That the sinking and makeing of the said intended Channell of Bridgewell docke and Fleet ditch from the Channell of the Thames to Holbourne bridge and the Sasses and Sluces for the better Navigation thereupon and the raiseing and sinkeing [other (fn. 18) ] Wharfes or Keyes on each side of the said Bridewell docke and Fleete ditch (whereby to bring the same to a Levell) shall be borne and first defrayed by the Maior and Commonaltie and Citizens of the said City of London out of the said fourth part of the Imposition to be raised upon Coles by vertue of this Act. And that the said Maior and Commonaltie and Citizens shall cause the said Chaunnells to be sunke and Wharfes or Keyes to be reduced to such a Levell as may be proper for the Proprietors of the Ground immediately bordering upon the said Wharfes or Keyes to build upon with convenient accesse thereto before the first of August One thousand six hundred and seaventy. And in the next place after the charge before mentioned shall be borne out of the said fourth part, satisfaction shall be made out of the same fourth part to the Proprietors whose Ground hath beene or shall be laid open, or from whom any Ground hath beene or shall be taken for the said publique use. (fn. 19) ]

XLIII.

Proceedings for giving Satisfaction to Parties, and for assessing Monies in respect of making the said Wharfs, to be according to 18 & 19 C. II. c. 8. (19 C. II. c. 3.); Key at White Friars Dock.

And whereas some parts of the said Ground soe as aforesaid designed for publique Wharfes on the North side of the said River of Thames and on each side of the said Channell or Cutt will be much improved, and some other parts thereof will be much impaired in value by reason of converting the same to the uses aforesaid, To the end therefore that an equall and reasonable course may be held and used on each hand without wrong to any partie therein concerned Bee it enacted by the authority aforesaid That aswell for the giveing satisfaction to such persons whose Ground shall be imployed as aforesaid or thereby impaired or lessened in value, As alsoe for the assessing and raiseing of moneyes upon those that shall by the meanes aforesaid make improvement or melioration of any of the said Ground soe imployed, The same powers, authorities forme and course of proceedings shall in all things be used, exercised, putt in practice and observed as are by the said recited Act (made for the rebuilding of London) ordained, provided and appointed for satisfaction to be made for Ground imployed for the enlargement of Streets and Passages, and for assessments to be made in consideration of improvements and melioration of Houses and Ground, and that the returne of the Key about White-Fryers docke shall not exceede the breadth of Twenty Foote.

XLIV. Provision for Persons rebuilding, against secret Charges and Incumbrances.

And for the security and encouragement of such as have or shall rebuild upon the Scite of any House or Houses burned or demolished by reason of the said late Fire against secret Charges and Incumbrances wherewith or whereunto the, same shall or may be charged or lyable Bee it further enacted by the authoritie aforesaid That noe such House or Houses already built, or to be rebuilt within the said City of London or Liberties thereof, nor the Owners or others interessed therein shall after the rebuilding thereof be further lyable to the satisfaction of any charge or charges, incumbrance or incumbrances wherewith or whereunto the same are or may be lyable, by any matter or thing before the said late Fire, then the value of the Ground or Soyle in case the same had not beene rebuilt upon, might or would extend to satisfie, unlesse such Charges or Incumbrances as were contracted thereupon by the now Owners or others interessed therein who shall themselves be and remaine lyable to satisfie the same as if this present Act had never beene had or made.

XLV. Twenty-one Years Possession, or more, shall enable the Owner to make Leases.

And whereas many Deeds Evidences and other Writeings were in the said Fire lost, burnt or imbezilled by which misfortune many persons who have Land in the said City are rendred unable to make their Right and Title soe apparent as can satisfie such as would take Leases of their said Lands and build upon them Bee it enacted That if any person or persons who have beene lawfull Possessors and esteemed Owners of any Ground within the said City for the space of One and twenty yeares or more shall grant a Lease to any person or persons of the [said Land (fn. 16) ] upon a valuable Ground rent soe to be esteemed by the said Maior and Aldermen or any three of them if the said Lands shall afterward be recovered from the said person soe granting That the Lease shall be good and valid the Builders onely paying the aforesaid Ground rent to the person unto whom the Ground shall rightly belong shall be freed from all charge and trouble, Any Law or Custome to the contrary notwithstanding.

XLVI. Indemnity to Owners of Water-house at Broken Wharf for rebuilding the same with Timber.

Proviso as to building the Water-house at London Bridge.

And whereas the Water house at or neere Broken Wharfe was wholly burnt downe and consumed in the time of the late dreadfull Fire, which being found impossible to be rebuilt with Bricke the Owners thereof have at their very great charge lately rebuilded the said House with Timber and made the same usefull for serveing the Inhabitants of the City with Water Bee it therefore enacted and declared by the authoritie aforesaid That the said Owners and their Assignes are hereby and shall for ever hereafter be saved harmelesse and indempnifyed from all trouble or penalties for or by reason of [their (fn. 16) ] building the said House with Timber as aforesaid: Any thing in this Act or in the former Act for rebuilding the City of London to the contrary thereof in any wise notwithstanding. Provided That noe continuance of the said restraint from building shall extend to the Water house at London bridge but that the same may be built according as in the former Act is provided.

XLVII. Proviso as to leaving old Foundations unbuilt, paving new Streets allowed to be made, &c.

Provided alwayes That it may be lawfull for any person or persons Bodyes Pollitique or Corporate Owners and Proprietors of any such Ground meant or contained within this Act to leave any old Foundations of his or theirs unbuilt to make any new Streete or Passage or to enlarge any old one the said Owners or Proprietors taking care within convenient time after their building sufficiently to pave and amend all such, Streete and Passages. Any thing in this Act or one other Act entituled An Act for rebuilding the City of London to the contrary notwithstanding.

XLVIII. A Street to open Fourteen Foot wide from Threadneedle Street to, Lothbury.

Provided alsoe and bee it enacted That the Lord Maior and Court of Aldermen shall be hereby impowered to cause a streete to be opened fowerteene Foote wide if they shall thinke soe fitt from the West end of Threadneedle streete downe to Loathbury in case the Proprietors doe not voluntarily [soe (fn. 20) ] open it before the Fower and twentyeth day of June next makeing such Allowances to the Owners and others interessed as by the former Act for opening of Streets is directed; which Streete shall be and continue an open Streete for ever.

XLIX. Bury Street in Beavis-Marks.

Provided alwayes and bee it [hereby (fn. 20) ] enacted That the remainder of Bury streete in Beavis-Markes which is not yet new built may be built after the Patterne and Modell of the other new Building in the said Streete. Any thing in this or the said former Act to the contrary notwithstanding.

L. Recital that many Builders have advanced their Foundations further than formerly, for the more regularity, &c. of the new Streets.

Indemnity to such Builders.; Giving Satisfaction to the Lord Mayor, &c.

And whereas many Builders of Houses within the said City and the Liberties thereof have (for the more regularity of building and makeing many of the Streets and Lanes more straight and beautyfull then otherwise they [would (fn. 21) ] have beene) by and with the appointment and approbation of the said Surveyours advanced their Foundations in many places further into the Streets and Lanes thereof upon the Soyle of the said Streets and Lanes then the same formerly stood, whereby some difference may hereafter possibly arise either betweene our Soveraigne Lord the King his Heires and Successors or betweene the Maior Commonaltie and Citizens of the said City, or other Proprietors of the Ground soe built upon, and the said Builders or such person or persons Bodyes Pollitique and Corporate to whom the Inheritance of the said Houses soe built now doth or hereafter shall belong. For prevention whereof Bee it further enacted That all Ground and Soyle soe taken or which hereafter shall or may be soe taken out of the said Streets or Lanes or any of them shall from henceforth for ever be united and annexed to the said Houses. And that all and every person and persons whatsoever Bodyes Pollitique and Corporate giveing such satisfaction to his Majestie or to the said Maior Commonalty and Citizens of the said City, or other the respective Owners or Proprietors of the Ground soe built upon, and according to such rates as are or ought to be given and allowed for Ground taken and imployed for the enlargeing of Streets by vertue of the aforesaid Act, for rebuilding the said City shall and may hold and enjoy the said respective parcells of Ground or Soyle soe built upon united and annexed to such Buildings for and dureing such Termes and Estates as he and they respectively have or hereafter shall have of and in the said Houses and Buildings; Any matter or thing to the contrary in any wise notwithstanding.

LI. Recital that the Company of Mercers are building a new School House, &c. on the Scite of St. Paul's School.

The Scite of the late School, &c. confirmed to the said Company; the Residue of the said Scite vested in the Dean, &c. of St. Pauls.

And whereas the Wardens and Commonaltie of the Mistery of the Mercers of the City of London are now building pursuant to a Designe approved of by his Majestie a new Schoole-house with Houses thereunto adjoyneing for the Accomo[m]odation of the Master, Sur-master and Chaplain thereof partly upon the Scites and Tofts of the late Schoole called Saint Pauls-schoole and the former Houses of the said Masters and Chaplin, and partly upon some Ground next adjoyning being part of the Church-yard, belonging to the Cathedrall Church of Saint-Pauls London. And whereas other parts of the former Scite of the said late Schoole and of other Houses adjoyning have beene alsoe by his Majestyes directions cutt of and laid into the said Church-yard for the enlargement and accommodation of the Passage at the East end of the said Cathedrall. Bee it therefore enacted That soe much of the said Ground adjoyning to the Scite of the said late Schoole and former Houses as is comprised within the Foundation of the said new Schoole and Houses now building for the said Masters and Chaplain be and are hereby vested and setled on the said Wardens and Commonaltie and their Successors for ever, as the said late Schoole and former Houses were before the said Fire: And that the said other parts of the former Scite of the said late Schoole and other Houses adjoyning laid unto the said Church-yard as aforesaid for the enlargement of the late Passage shall continue a Passage for ever; and be and are hereby vested and setled on the Deane and Chapter of the Cathedrall Church of Saint Pauls aforesaid and their Successors for ever as the residue of the said Church-yard is and was heretofore, Any thing in Act to the contrary notwithstanding.

LII. Proviso for the Churches of St. Pauls, St. Faith, and St. Gregory.

[Provided alwayes That noe thing in this Act contained shall extend or be taken to vest or setle the Church of Saint Paul and Saint Faith or any part thereof or the Church of Saint Gregory by Saint Pauls or any of them, or the Church Yards to any of them belonging or appertaining, or any part of any of them, in the Maior, Aldermen and Commons of the City of London or any of them, or in any other person or persons Bodyes Pollitique or Corporate other then the Ground whereupon Saint Pauls Schoole and Houses thereunto belonging are by this Act appointed to be rebuilt, Any thing in this Act notwithstanding. (fn. 22) ]

LIII. Proviso respecting rebuilding several Houses in White's Alley, Coleman Street.

Provided alwayes and bee it enacted by the authority aforesaid That whereas the Alley called Whites Alley in Coleman streete London was not wholly burnt downe in the said late Fire, but the one halfe part thereof, or neere thereabouts is yet standing, neither was the said Alley ever any thorow Passage, nor will the enlargeing thereof be any Ornament or Advantage to the said City, Therefore it shall and may be lawfull to and for the severall Proprietors of and in the said Alley, to rebuild their severall Houses on both sides thereof, which were burnt or demolished by reason of the said late Fire, upon their old Foundations respectively. This present or the said former Act for rebuilding the Citty of London or any thing therein contained or any other matter or thing to the contrary notwithstanding.

LIV. Market Place within Newgate to be granted to the City by Lease from the Dean and Chapter of St. Paul.

And further bee it enacted by the authoritie aforesaid That for ever hereafter the said Maior and Co[m]monaltie and Citizens of London may and shall have a Market to be kept three or fower dayes in the weeke as to them shall seeme convenient upon the Ground now sett out by the assent of the Deane and Chapter of the Cathedrall Church of Saint Paul London for a Market place within Newgate, And that the said Deane and Chapter shall make and give one or more Lease or Leases of the said Ground to the said Maior Commonaltie and Citizens, and alsoe of the Wall of the said Church Yard abutting severally upon Pater noster Row and the Old Change for the Terme of forty yeares reserveing the yearely Rent of fower pounds for the Ground of the said Market place, and two pence for every Superficiall Foote of the Ground or Soyle of the said Wall as it is now sett out by the Surveyours of the City and of the said Deane and Chapter, and soe from forty yeares to forty yeares for ever at the like yearely Rent, and one yeares Rent after the Rates aforesaid to be paid by way of Fine for each of the said Grounds respectively upon the makeing every new Lease thereof, Which said Lease and Leases shall be good and effectuall in the Law as against the said Deane and Chapter and their Successors and all persons claimeing by from or under them, and that noe House, Shed, or other Building shall stand, or hereafter be erected and fixed upon the said Market place other then the Market house already built without the consent of the said Deane and Chapter, Any thing in this or any other Act to the contrary notwithstanding.

LV. Recital of 18 & 19 C. II. c. 8. § 29. (19 C. II. c. 3. § 31.)

Fifty-one Parishes to be within the City of London.; The Names of the Fifty-one Parishes.

And whereas by a late Act of this present Parlyament entituled An Act for rebuilding the City of London, It was enacted That the Parishes to be rebuilded within the said City of London in lieu of those which were demolished by the late dreadfull Fire should not exceede the number of Thirty nine. But forasmuch as upon an exact Survey taken of the number of Houses to be rebuilded, and of the extent of the respective Parishes necessary to be setled and continued within the said City, It doth appeare that the Parishes to be setled and continued, and the Parish Churches to be rebuilded within the said City of London in lieu of those demolished or consumed by the said rate Fire cannot conveniently by Union or otherwise be reduced to a lesse number then Fifty one Bee it further enacted by the authoritie aforesaid That the number of Parishes to be setled and of Parish Churches to be rebuilded within the said City of London shall be Fifty one, The aforesaid Act or any thing therein contained to the contrary notwithstanding. And that the Fifty one Parishes soe to be continued shall be as hereafter followeth That is to say Alhallowes [Lumber (fn. 23) ] streete, Saint Bartholimew Exchange, Saint Bridges alias Brides, Saint Bennets Finck, Saint Michaels Crooked lane, Saint Christophers, Saint Dionesse. Backe Church, Saint Dunstons in the East, Saint James Garlike-hithe, Saint Michaell Cornhill, Saint Michaell Bassishaw, Saint Margaret Loathbury, Saint Mary Aldermanbury, Saint Martin Ludgate, Saint Peters Cornhill Saint Stephens Coleman streete and Saint Sepulchres shall remaine and continue as heretofore they were. And that the respective Parish Churches to each of the said Parishes belonging shall be rebuilded and continued for the use of the said Parishes, and that the severall Parishes hereafter mentioned shall be respectively united into one Parish in manner [hereafter (fn. 24) ] following that is to say,

Parishes herein mentioned to be united.

The Parishes of Alhallowes Breedstreete and Saint John Evangalist shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Alhallowes Breed streete shall be rebuilded, and shall be the parish Church of the said parishes soe united.

The parishes of Alhallowes the Great and Alhallowes the Lesse shall be united into one parish, and the Church heretofore belonging to the said parish of Alhallowes the Great shall be the parish Church of the said parishes soe united.

The Parishes of Saint Albans Woodstreete and Saint Olaves Silver streete shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Albanes Woodstreete shall be the parish Church of the said parishes soe united.

The parishes of Saint Anne and Agnes and Saint John Zacharie shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Anne and Agnes shall be the parish Church of the said parishes soe united.

The parishes of Saint Austins and Saint Faiths shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Austins shall be the parish Church of the said parishes soe united.

The parishes of Saint Andrew Wardrobe and Saint Anne Blacke-Fryers shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Andrew Wardrobe shall be the parish Church of the said parishes soe united.

The parishes of Saint Antholins and Saint John Baptist shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Antholins shall be the parish Church of the said parishes soe united.

The parishes of Saint Bennet Grace Church and Saint Leonard Eastcheape shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Bennet Grace Church shall be the parish Church of the said parishes soe united.

The parishes of Saint Bennet Pauls-Wharfe, and Saint Peter Pauls-wharfe shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Bennet Pauls-wharfe shall be the parish Church of the said parishes soe united.

The parishes of Christ Church and Saint Leonard Foster lane shall be united into one parish, and the Church heretofore belonging to the said parish of Christ Church shall be the parish Church of the said parishes soe united.

The parishes of Saint Edmond the King, and Saint Nicholas Acons shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Edmond the King shall be the parish Church of the said parishes soe united.

The parishes of Saint George Buttolph lane, and Saint Buttolph Billinsgate shall be united into one parish, and the Church heretofore belonging to the said parish of Saint George Buttolph lane shall be the parish Church of the said parishes soe united.

The parishes of Saint Lawrence Jury and Saint Magdalens Milke streete shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Lawrence Jury shall be the parish Church of the said parishes soe united.

The parishes of Saint Magnus and Saint Margaret New-Fish streete shall be united into one parish; and the Church heretofore belonging to the said parish of Saint Magnus shall be the parish Church of the said parishes soe united.

The parishes of Saint Michaell Royall and Saint Martins Vintry shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Michaell Royall shall be the parish Church of the said parishes soe united.

The parishes of Saint Mathew Friday streete and Saint Peters Cheape shall be united into one parish and the Church heretofore belonging to the said parish of Saint Mathew Friday streete shall be the parish Church of the said parishes soe united.

The parishes of Saint Margaret Pattens and Saint Gabriell Fenn Church shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Margaret Pattens shall be the parish Church of the said [parises (fn. 25) ] soe united.

The parishes of Saint Mary Atthill and Saint Andrew Hubbord shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Mary Atthill shall be the parish Church of the said parishes soe united.

The parishes of Saint Mary Woolnoth and Saint Mary Wool Church shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Mary Woolnoth shall be the parish Church of the said parishes soe united.

The parishes of Saint Clement Eastcheap and Saint Martins Orgars shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Clement Eastcheap shall be the parish Church of the said parishes soe united.

The parishes of Saint Mary Ab-Church and Saint Lawrence Pountney shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Mary Ab-Church shall be the parish Church of the said parishes soe united.

The parishes of Saint Mary Aldermary and Saint Thomas Apostles shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Mary Aldermary shall be the parish Church of the said parishes soe united.

The parishes of Saint Mary le Bow, Saint Pancras Soaper lane, and Alhallowes Honey lane shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Mary le Bow shall be the parish Church of the said parishes soe united.

The parishes of Saint Mildreds Poultrey and Saint Mary Cole Church shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Mildreds Poultrey shall be the parish Church of the said parishes soe united.

The parishes of Saint Michaell Woodstreete and Saint Mary Staining shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Michaell Woodstreete shall be the parish Church of the said parishes soe united.

The parishes of Saint Mildred Bread Streete and Saint Margaret Moses shall be united into one parish and the Church heretofore belonging to the said parish of Saint Mildred Bread streete shall be the parish Church of the said parishes soe united.

The Parishes of Saint Michael Queene Hythe and Trinity shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Michaell Queene Hythe shall be the parish Church of the said parishes soe united.

The parishes of Saint Mary Magdalens Old Fish Streete and Saint Gregories shall be united into one parish and the Church heretofore belonging to the said parish of Saint Mary Magdalen Old Fish Streete shall be the parish Church of the said parishes soe united.

The parishes of Saint Mary Somerset and Saint Mary Munthaw shall be united into one parish, and the Church heretofore belonging to the parish of Saint Mary Somerset shall be the parish Church of the said parishes soe united.

The parishes of Saint Nicholas Cole Abby and Saint Nicholas Olaves shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Nicholas Cole Abby shall be the parish Church of the said parishes soe united.

The parishes of Saint Olaves Jury and Saint Martins Pomroy alias Iremonger lane shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Olaves Jury shall be the parish Church of the said parishes soe united.

The parishes of Saint Stephen Walbrooke and Saint Bennet Sher hogg shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Stephen Walbrooke shall be the parish Church of the said parishes soe united.

The parishes of Saint Swithin and Saint Mary Bothaw shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Swithin shall be the parish Church of the said parishes soe united.

The parishes of Saint Vedost alias Saint Fosters and Saint Michaell Quern shall be united into one parish, and the Church heretofore belonging to the said parish of Saint Vedost alias Saint Fosters shall be the parish Church of the said parishes soe united.

LVI. The same Parishes to continue united, and the Parish Churches to be rebuilt according to Models appointed by the Archbishop of Canterbury, Bishop of London, and Lord Mayor, with the King's Approbation.

To whom Tithes of the said united Churches to be paid.

[And it is hereby further enacted and declared That the said respective Churches to be rebuilded within the said City of London and Libertyes thereof shall be built and erected according to such Models, and of such Demensions and in such Manner and Forme in all respects as by the said Lord Archbishop of Canterbury Lord Bishop of London and Lord Maior of London for the time being (with his Majestyes Approbation thereof) shall [direct and appoint. (fn. 26) ] (fn. 27) ] And the said respective Parishes herein before mentioned and appointed to be united as aforesaid shall for ever hereafter remaine and continue soe united, and consolidated and annexed unto the severall and respective Parish Churches by this Act appointed to be rebuilded as aforesaid: And the respective Parishioners and the Inhabitants of the said severall Parishes soe to be united as aforesaid by force of this present Act shall hereafter resorte to the said Churches respectively as to their proper Parish Church, And all Tythes and other Dutyes heretofore due and payable to the respective Incumbents of the said Parish Churches respectively shall hereafter be paid and payable to the Incumbent of that Church onely which by this Act is appointed to be rebuilded and established for the Parish Church of the Parishes soe united as aforesaid.

LVII. Regulations as to the Use of Plate and Goods belonging to Churches not to be rebuilt.

[And bee it further enacted That any Plate and Goods heretofore belonging to any of the Churchwardens of any the Parishes of those [Parishes (fn. 28) ] burnt downe, which are not now to be rebuilded for the use of the said Churches shall be enjoyed by the respective Churchwardens and their Successors of the respective Parishes of such Churches to be rebuilded respectively, whereunto the said other Churches burnt downe are united by this Act to the use of the said Churches and Parishes respectively. (fn. 27) ]

LVIII. Church-yards, &c. of Churches demolished to be enclosed with Walls to make Burial Places.

Exception.

Provided alwayes That the Scites of the Churches to be demolished and the Church Yards belonging to the same shall be inclosed with Bricke or Stone walls for buryall [places (fn. 29) ] for the Parishes formerly belonging to the same, and the Parishes to which they are respectively united as aforesaid, and not used or imployed for any other purpose whatsoever, excepting such of the Scites and Church Yards or parts of Scites and Church Yards of the said Parish Churches soe demolished as aforesaid as are already laid into the Streets and Market places or sett out for that purpose, or such other as shall within two yeares now next following be thought fitt by the Maior and Aldermen of the said City with the consent of the Lord Archbishop of Canterbury and Lord Bishop of London, and by his Majesties Approbation to be laid into the Streets and Markets for enlargement and accommodation thereof or for publique Store places,

LIX. In what cases Parts of Church-yards may be used for enlarging Streets.

Provided alwayes That where any part of the Churches or Church Yards of any of the said Parish Churches hereby appointed to be rebuilt and continued have beene thought fitt by the Maior and Court of Aldermen of the said City to be laid into any of the Streets within the said City for enlargement thereof, and by Order of the said Maior and Court of Aldermen shall have beene before the five and twentyeth day of March one thousand six hundred and seaventy staked and sett out accordingly It is hereby further enacted and declared That the Grounds soe staked out shall be made use of for the enlargeing of the said Streets according as the same were for that purpose staked and sett out as aforesaid, This present Act or any thing therein contained to the contrary notwithstanding.

LX. Notwithstanding the Union, the Parishes as to all Rates, Charges, and Privileges to remain distinct.

Presentation.

Provided alwayes and it is hereby enacted and declared That notwithstanding such Union as aforesaid, each and every of the Parishes soe united as to all Rates, Taxes, Parochiall Rites, Charges and Dutyes and all other Priviledges, Liberties and Respects whatsoever other then what are herein before mentioned and specifyed shall continue and remaine distinct, and as heretofore they were before the makeing of this present Act. And that the severall and respective Patrons of the said Churches soe united shall and may present by turns to that Church onely which by this Act is appointed to be rebuilded and established for the Parish Church of the Parishes soe united as aforesaid. The first presentment to be made by the Patron of such of the said Churches the Endowments whereof are of the greatest yearely value.

LXI. Proviso for the present Incumbent of Churches not to be rebuilt, as to Tithes.

Saving to the Crown of Tenths and First Fruits of united Churches.; Saving of Pensions, &c.

Provided alwayes and it is hereby declared That this Act or any thing therein contained shall not extend or be construed to deprive the present Incumbents which at the time of the said late Fire were or now are in possession of any of the said Parish Churches not to be rebuilded or any of them of the Tythes or other proffitts heretofore belonging to their respective Churches soe long as they shall assist in serveing the Cure and other Offices belonging to their Duty in the Parish Church whereunto their respective Parishes shall be united and annexed by vertue of this Act according to the direction of the Ordinary Any thing in this present Act [contained (fn. 30) ] to the contrary notwithstanding. Saveing to the Kings Majestie his Heires and Successors the Tenthes and First fruits of all such Parish Churches as by force of this present Act shall be united or consolidated as aforesaid according to such Rates and Valuations as the same doe respectively stand rated and valued at in his Majestyes Court of First fruits and Tenthes, Any thing in this present Act notwithstanding. Saveing alsoe to all other person and persons Bodyes Pollitique and Corporate, Ecclesiasticall and Civill their Heires and Successors all Pensions Annuities and Payments whatsoever heretofore due from and payable by any of the Rectors Viccars and Curates of any of the said Churches united or consolidated as aforesaid Any thing in this present Act notwithstanding.

LXII. Proviso for Minor Canons of St. Paul as to Tithes, &c. of St. Gregory.

Provided alwayes That it shall and may be lawfull to and for the Warden and Minor-Canons of Saint Pauls Church London, Parson and Proprietors of the Rectory of. the Parish of Saint Gregories aforesaid to receive and enjoy all Tythes, Oblations & Dutyes ariseing or growing due within the said Parish in as large and beneficiall manner as formerly they have or lawfully might have done, Any thing herein to the contrary notwithstanding.

LXIII. Recital that the Mercers Company have designed a Free School on the Site of St. Mary Cole-Church.

The said Site, &c. vested in the said Company.; Money to be paid by the Company towards rebuilding the Church to which St.Mary Cole-Church is united.

And whereas the Wardens and Commonaltie of the Mistery of the Mercers of the City of London at the time of the said Fire were seised in Fee of the Rectory and Parish [Church (fn. 30) ] Impropriate of Saint Mary Cole-Church (the said Church being an upper Roome about Ten Foote higher then the Streete and lyeing over certaine Roomes and arched Vaults or Cellars of the said Wardens and Commonalty) upon the Scite of which Church they have designed to build a Free Schoole and other Buildings conformable to the Rules of the said former Act, and to remove the Dead Bodyes and Bones of such as have been buryed upon the Arches, and to cause them to be decently reposed within the Body of their Chappell commonly called Mercers Chappell, Bee it therefore hereby enacted That the Scite of the said Parish Church and the Materialls thereof remaining upon the said Scite be, and are hereby setled upon the said Wardens and Commonaltie and their Successors for ever, And that the said Wardens and Commonaltie shall pay to the Lord Maior and Aldermen of the City of London for the same such summe of Money towards the rebuilding of the Church whereunto the same is by this Act appointed to be united as shall be agreed upon betweene the said Lord Maior and Aldermen and the said Wardens and Commonalty, or be assessed by a Jury impanneled and sworne, as by the said former Act is directed in any other case, Any thing in this Act to the contrary notwithstanding.

LXIV. Provision that Parsons of Churches consumed may not be sued for Dilapidations.

And whereas severall Parish Churches, Chancells, Parsonage and Vicaridge Houses were consumed in the late dismall Fire, To the end therefore the Incumbents Parsons and Vicars may not be lyeable to the rebuilding of their Chancells Parsonage and Vicaridge houses ( (fn. 31) ) be sued for Dilapidations Bee it enacted by the authoritie aforesaid That the Incumbents Parsons and Viccars of the aforesaid Churches their Executors and Administrators shall be and are hereby indempnifyed as to the rebuilding of their respective Chancells, Parsonage and Vicaridge houses, and shall not be lyeable to any Suites, Troubles or Molestations that may arise for Dilapidations aforesaid, And that noe Processe shall be issued out of any Court whatsoever against the persons aforesaid for their not rebuilding their respective Chancells and Parsonage and Vicaridge Houses, Any Law or Statute to the contrary in any wise notwithstanding.

LXV. The said Parsons and Vicars exempted from First Fruits, Tenths, and Pensions, and from Dues, until they receive the Profits of their Livings.

And whereas First-fruits, Tenthes and severall Pensions are from the said Parsons and Vicars to be yearely paid to his Majestie and severall Dutyes to the Ordinary and Arch-deacon That his Majestie will be graciously pleased that it may be enacted And bee it further enacted by the authoritie aforesaid That the said Parsons and Vicars be indemnifyed, and are hereby indemnifyed from the payment of all First fruits, Tenthes and Pensions due or which shall be due to his Majestie, And from all Dues to the Ordinary and Arch-Deacon and all other Dues whatsoever chargable upon them respectively untill such time as they shall receive the Proffitts ariseing from the same as formerly, And that noe Processe shall be issued out of any Court whatsoever against the persons aforesaid for their Non-payment of First-fruits, Tenthes, Pensions or any other the Dues aforesaid, Any Law or Statute to the contrary in any wise notwithstanding.

LXVI. Ministers indemnified for not reading the Thirty nine Articles.

And whereas diverse Ministers have beene already since the Fire or may be from time to time presented and instituted, and being soe are lyable to the Forfeitures of their severall Liveings for not reading the Thirty nine Articles, and for not doeing other things enjoyned by Law in their severall Parish Churches, Bee it enacted by the authoritie aforesaid That all such Ministers as have beene or shall be from time to time presented and instituted since the said Fire, be and are hereby indemnyfied from the severall Penaltyes and Forfeitures incurred and to be incurred [by or (fn. 30) ] for not reading of the Thirty nine Articles, or not doeing other things enjoyned by Law as aforesaid, untill such time as the said severall Churches be reedifyed or made fitt for publicke-Worship.

LXVII. Empowered to let Leases of their Glebe Lands.

Proviso as to Lapses incurred.

And whereas the said Parsons and Vicars or some of them are interessed in severall Gleabe-Lands or Grounds, the which they cannot rebuild themselves, nor let such Lease or Leases as may be an Encouragement for others to rebuild the same Bee it enacted by the authoritie aforesaid That the said Parsons and Vicars and every of them respectively be impowered and are hereby impowered to lett such Lease or Leases of their said Gleabe Lands or Grounds with the consent and approbation of the Patron or Patrons and Ordinary for any terme not exceeding forty yeares, and at such yearely Rents without Fine as can be obtained for the same; And that noe Lapses incurred upon any Non-presentation in due time of any of the Patrons of the said Liveings since, the said Fire shall any wayes prejudice or make void the Presentations [that the said Patrons (fn. 32) ] have since made whereupon any Incumbent is since instituted and inducted, Any Law or Statute to the contrary in any wise notwithstanding.

LXVIII. The Judges to determine Controversies in which the City of London is a Party.

Provided alwayes, and it is hereby declared and enacted That if the Maior and Commonaltie and Citizens of the said City of. London shall be concerned in Estate or Title in any controversie or difference whereof the determination is by this, or the aforesaid Act referred to the Heareing and Judgement of the said Maior and Court of Aldermen That then and in every such case 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 upon complaint to them made shall be and are hereby authorized to heare and finally order and determine the same, Any thing in this or the aforesaid Act to the contrary notwithstanding.

LXIX. Two Posterns at Ludgate to be made, and the Gate enlarged.

[Provided alwayes and bee it enacted [That (fn. 33) ] the Lord Maior and Court of Aldermen are hereby authorized and required to cause to be made two Posterns, one on either side of the Gate co[m]monly called Ludgate for the better ease and convenience of Foote Passengers, and in order hereunto are alsoe impowered to enlarge the said Gate as they shall finde cause. (fn. 34) ]

LXX. Recital of 18 & 19 Car. II. c. 8. § 13. (19 C. II. c. 3.§ 15.)

Sales for not rebuilding not to be before 24th March 1671.; In what Case such Ground not to be sold.

And whereas by the said Act for the rebuilding the City of London it was enacted That where any Ground formerly builded upon (the Houses whereupon built were demolished at the time of the said late Fire) should not within three yeares then next ensueing be rebuilded upon Then after Proclamation publickly made and Inquiry and Valuation made and taken of the Ground whereupon such Houses were scituate by Inquest of a Jury in such sort and manner as in and by the said Act is mentioned and appointed the said Maior and Aldermen and Common Councell might make Sale thereof, It is hereby declared and enacted That the said Maior, Aldermen and Co[m]mon Councell shall not by vertue of the said Act proceede to the Sale of any such Ground or Soyle whereupon any such Houses were scituate for not rebuilding thereupon before the fower and twentyeth day of March which shall be in the yeare of our Lord One thousand six hundred seaventy and one; nor shall any Ground be sold by vertue of this or the aforesaid Act in case any person for the makeing of any [Court (fn. 32) ] Yard, Garden or [other (fn. 32) ] Easement shall leave some part of the auntient Foundation unbuilt upon backwards.

LXXI. Tenants in Tail. &c. may demise their Ground at the most. improved Rent without Fine.

Such Leases to bind Reversioner, &c.; Houses thereupon built to be enjoyed.

And bee it further enacted and declared That all persons seised or interessed of any House or Houses burned or demolished by reason of the said late Fire, in Taile for life or lives or yeares determinable upon life with remainder to their Heires or Issue male or female or to their first or other Sonne or Sonnes, Daughter or Daughters in Taile or other like Estate, That it shall and may be lawfull to and for such Tennant in Taile for Life or Yeares with such Remainder as aforesaid by Indenture under their respective Hands and Seales to demise the Ground or Soyle of such burned or demolished Houses without any Fine or Fines, and at the most improved annuall Rent to any person or persons that shall or will rebuild thereupon for any terme of yeares not exceeding fifty yeares, Which Leases soe made shall binde and conclude aswell all and every the [Heires and (fn. 32) ] Issue of such Tennant in Taile as the first and every other Sonne and Sonnes, Daughter or Daughters or other Issue of such Tennant for Life or Yeares as those in Reversion or Remainder, and the Houses thereupon built shall be held and enjoyed by the respective Lessees thereof and their Assignes (paying the said Rent to the persons in Reversion or Remainder dureing the Terme and according to the purporte of such Leases) by vertue of this present Act.

LXXII. The King and Privy Council may determine Differences concerning Sergeants Inn in Fleet Street;

and to order Recompense to Rob: Mellish Esq. and to decree a Lease of Premises belonging to Dean and Chapter of York.

Provided alwayes, and bee it further enacted by the authority aforesaid That as to the House called Sergeants Inne in Fleete streete, of which the Society of Judges and Sergeants at Law were Tennants at the time of the late Fire and many yeares before That the Kings most Excellent Majestie his Heires & Successors and his or their Privy Councell shall be and are hereby impowered to heare and determine all Differences and Demands whatsoever touching the said House with the appurtenances and all things else to doe relateing to the rebuilding thereof, and to make Orders and Decrees concerning the same as fully to all intents and purposes as the Judges of the Courts of Kings Bench and Common Pleas and Barons of the Exchequer might, could or may doe concerning any [other (fn. 32) ] Houses burnt downe by the late Fire by vertue of this and the said former Act or either of them; And his said Majestie and Councell are [hereby alsoe (fn. 35) ] impowered to order and decree such satisfaction and recompence unto Robert Mellish of the Inner Temple Esquire as to them shall seeme just and reasonable, and to order and decree one Lease of the Premisses whereof the Inheritance belongeth to the Deane and Chapter of Yorke not exceeding in the whole sixty yeares for the use of the said Society, and the said Deane and Chapter and their Successors [are (fn. 36) ] hereby enabled and enjoyned to make accordingly, And what shall be soe ordered or decreed by his said Majestie & Councell as aforesaid shall be good and effectuall in Law to all intents and purposes by vertue of this Act; And the said Judges and Barons of the Exchequer are hereby excluded from makeing any Order or Decree touching the said House with the appurtenances.

LXXIII. Houses pulled down near Tower Ditch not to be rebuilt.

Differences about certain other Houses, as to Breach of Covenant, referred to the said Judges.

And whereas a great number of Houses heretofore erected and built upon or very neare to the Tower Ditch of the City London were at, or a litle time after the said late great Fire pulled or blowne downe for safeguard of the said Tower and are not thought fitt to be rebuilt there, And whereas some Houses are yet standing which were in Lease for severall yeares yet to come, with other Houses pulled downe at and for certaine intire yearely Rents, which said [Houses (fn. 37) ] are wholly now claimed by diverse Landlords as if the said Houses were yet standing: and diverse Suites in Law are and will be dayly brought against Tennants for breach of Covenants of the said Leases incurred since that time Bee it therefore enacted by the authority aforesaid That the said Justices and Barons or any three or more of them shall have full power and authority to heare and determine all Differences that may arise betweene the said Landlords and Tennants as if the said Houses had perished by the late dreadfull Fire.

LXXIV. Shops, &c. in Smithfield, Moor-fields; and other void Places erected since the Fire, to be taken down and removed before the 29th Sept. 1674.

And whereas severall Sheds Shops and other Buildings have beene erected (since the late dreadfull Fire) in Smithfeild, Moore feilds and other void places within the said City and Libertyes thereof by License of the Lord Maior Aldermen and Common Councell of the said City for the accommodation of such Inhabitants whose Houses were then burnt or demolished for the better carrying on of their respective Trades, which if they should be suffered to have longer continuance then the present Exigency of the Occupiers thereof doth require would be an occasion to divert the Trade of the City, and to discourage such as have rebuilt Houses within the said City Bee it therefore enacted by the authority aforesaid That the Lord Maior and Court of Aldermen for the time being shall be and are hereby impowered and required to cause all and every the said Sheds, Shops and other Buildings aforesaid to be taken downe and removed at or before the nine and twentyeth day of September which shall be in the yeare of our Lord One thousand six hundred seaventy fower.

LXXV. In Action brought for executing Act General Issue may be pleaded.

Double Costs.

Provided alwayes, and bee it enacted by the authoritie aforesaid That if any Action or Suite shall be brought or prosecuted against any person or persons for any matter or thing done, committed or executed by vertue of this or the aforesaid Act for rebuilding the said City of London, or of any Clause or Article in. this or the aforesaid Act contained, That then and in every such Case the Defendant or Defendants may pleade the Generall Issue (Not guilty) and give this Act and the speciall matter in Evidence at any Tryall thereupon to be had, and if a Verdict shall passe for the Defendant, or the Plaintiffe shall be Nonsuite, or discontinue his Action after the Defendant hath appeared, the Defendant shall recover double Costs to be awarded for this or their wrongfull vexation in that behalfe.

LXXVI. Proviso for Acts done by virtue of Commissions pursuant to 1 Eliz. c. 11. §2. 14(13&14) C. II. c. 11. § 14. as to appointing Wharfs, &c.

Provided alwayes That this Act or any thing therein contained shall not extend or be construed to alter or make void any matter or thing done or to be done by vertue of any Commission or Commissions given or granted or to be given or granted by his Majestie his Heires or Successors in pursuance of two Acts of Parlyament [viz (fn. 38) ] One in the first yeare of Queene Elizabeth and another in the fowerteenth yeare of his now Majestyes Raigne, or of either of them, or of any other Law or Right, whereby his Majesty his Heires and Successors may or ought to appoint such and soe many open places to be Keyes and Wharfes within the City of London, and may alsoe declare the Bounds, Limitts, Extents and Priviledges of the Port of London and all other Ports of England with severall other Powers and Priviledges for the preservation of his Majestyes Revenue of the Customes collected there, Any thing in this Act contained to the contrary notwithstanding.

Footnotes

1 within O.
2 interlined on the Roll.
3 interlined on the Roll.
4 interlined on the Roll.
5 his O.
6 interlined on the Roll.
7 annexed to the Original Act in a separate Schedule.
8 interlined on the Roll.
9 interlined on the Roll.
10 interlined on the Roll.
11 Aldermen O.
12 interlined on the Roll.
13 O. omits.
14 interlined on the Roll.
15 annexed to the Original Act in a separate Schedule.
16 interlined on the Roll.
17 Merchandize O.
18 o'the O.
19 annexed to the Original Act in a feparate Schedule.
20 interlined on the Roll O.
21 could O.
22 annexed to the Original Act in a separate Schedule.
23 Lumbard O.
24 interlined on the Roll.
25 Parishes O.
26 be directed and appointed O.
27 annexed to the Original Act in a separate Schedule.
28 Churches O.
29 interlined on the Roll.
30 interlined on the Roll.
31 nor O
32 interlined on the Roll.
33 and O.
34 annexed to the Original Act in a separate Schedule.
35 alsoe hereby O.
36 O. omits.
37 Rents O.
38 interlined on the Roll.