Charles II, 1672
An Act for reviveing the Judicature for determination of Differences touching Houses burnt downe and demolished by reason of the late Fire, which happened in London, and for rebuilding of the Navy Office.

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History of Parliament Trust

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John Raithby (editor)

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1819

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795-797

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'Charles II, 1672: An Act for reviveing the Judicature for determination of Differences touching Houses burnt downe and demolished by reason of the late Fire, which happened in London, and for rebuilding of the Navy Office.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 795-797. URL: http://www.british-history.ac.uk/report.aspx?compid=47459 Date accessed: 25 October 2014.


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Recital that 18 & 19 C. II. c. 7. (19 C. II. c.2.) had expired, and had been revived by 22 C. II. c. 11. which had also expired; and that many Houses remained unbuilt.

The Judicature for Determination of Differences occasioned by the Fire, continued until 25th Feb. 1675.

Whereas an Act lately passed in the nineteenth yeare of his Majestyes Raigne entituled An Act for erecting a Judicature for determination of Differences touching Houses burnt downe and demolished by reason of the late Fire which happended in London; which said Act expired upon the last day of December in the yeare of our Lord One thousand six hundred sixty eight, And by another Act made in the two and twentyeth yeare of his Majestyes Raigne entituled An additionall Act for rebuilding the City of London, uniteing the Parishes, and rebuilding of the Cathedrall and Parochiall Churches within the said City, was revived with additionall authority to the said Judicature, which said last additionall Act expired upon the twenty nineth of September one thousand six hundred seaventy and one. And whereas there are yet remaining nine hundred Tofts of Ground of Houses burnt downe and demolished in the said late great Conflagration, and a considerable number of other which were burnt downe and demolished by reason of a Fire which happened and begunn in his Majesties Navy-Office scituate in Seething-Lane London on the twenty nineth day of January last past, the rebuilding whereof may be much expedited by the determination of the Differences, which are or may be betweene the Landlords and Tennants of the said Houses soe burnt or demolished respectively, Bee it therefore 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 the authoritie of the same That the Judicature erected by the said two severall Acts and all and every the powers and authorities thereby given to the Justices of the [Courts of (fn. 1) ] the 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 touching the said Judicature shall from henceforth stand and be revived untill the twenty fifth day of February one thousand six hundred seaventy five, Any clause, matter or thing in the said Acts contained to the contrary notwithstanding.

II. The King's Surveyor to employ so much Ground near the Navy Office lately burnt, as shall be set out.

And to the end that his Majestyes Navy-Office in the rebuilding thereof may be inlarged and made more commodious for his Majestyes use, and better secured from the dangers and casualties of Fire, and that some convenient distance, intervall and circuit of Ground may be left betweene the said Office and any other Houses that are or may be contiguous thereunto Bee it further enacted by the authoritie aforesaid That his Majestyes Surveyor Generall shall and may and is hereby impowered to employ such places and portions of Ground of the Houses lately burnt downe and demolished adjacent to the said late Navy-Office as by and with his Majestyes approbation shall before the first day of May one thousand six hundred seaventy and three be sett out and adjudged necessary, for the ornament, enlargement, security and conveniencie of the said Office.

III. Satisfaction to Owners for the same Ground.

In what Cases the Lord Mayor and Court of Aldermen to impannel a Jury; Verdict of the Jury, Judgement of the Mayor, &c. and Payment of the Money awarded, conclusive against the Owners, &c.

And to the intent that reasonable satisfaction may be given to the Owners and others haveing any Estate or Interest in the Grounds of the houses lately burnt downe and demolished, and places which shall be sett out to bee taken and employed for the ornament, security and conveniency of the Navy-Office aforesaid, the said Surveyour Generall and such other persons shall bee impowered and appointed by his Majestie in that behalfe shall and may treate and agree with the Owners and others interessed therein; And in case of wilfull refusall or any such disability. or impediment as in the aforesaid Acts are mentioned or other incapacity whatsoever as the Owners thereof or others interessed therein shall delay or be disabled to treate and agree, the Lord Maior and the Court of Aldermen of the Citty of London shall and are hereby impowered, authorized and required to cause a Jury to be impannelled in such manner and forme as by the aforesaid Acts is directed and appointed ; soe as noe two of the said Jurrors (soe to be appointed) shall come out of the same Ward to adjudge and assesse what recompence and satisfaction in any or every of the cases aforesaid ought to be awarded and given to the respective Owners and others interressed in the Ground and Places soe sett out to be taken and imployed for the use or purpose 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 Lord Maior and Court of Aldermen of London thereupon and the payment of the money soe awarded and adjudged at or in the Office of the Chamberlaine of the City of London, there to remaine by the space of six moneths 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, shall be binding and conclusive to and against the Owners and all others haveing, ( (fn. 2) ) claimeing, or to claime any Estate, Right, Title or Interest of, in, to or out of the same, their Heires, Executors, Administrators, Successors or Assignes, and every of them, and shall be a full authoritie for his Majestie, his Heires and Successors to cause the same to be converted to and for the use and purpose aforesaid.

IV. In case of Controversy concerning the Division of the Money for the Ground, Court of Judicature, on Petition within Six Months after the Verdict, to determine.

And in case any Controversie shall arise betweene any person or persons Bodies Pollitique or Corporate or his or their Assignes or Under-tenants or other persons claiming any Estate, Right, Title or Interest in Law or Equity, Trust, Charge or Incumbrance of or in the said places or grounds soe to be purchased or converted as aforesaid, who shall find him or themselves aggreived for or by reason that the said money soe given in satisfaction for the said places or ground is not or, shall not be equally or indifferently apportioned according to the true value of his or their Interests in the said places or grounds, that then the said Justices of the Courts of the Kings-Bench and Common Pleas and Barons of the Coife of the Court of 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 parties greived, to be preferred to any one of them within six moneths 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 money soe paid unto the Chamberlaine as 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 or shall arise betweene any Landlord or Tenant touching repairing or rebuilding any of the Houses burnt downe or demolisht by the late Fire aforésaid by vertue of the said Acts or either of them:

V. Court of Judicature may determine Differences between Landlord and Tenant concerning Houses demolished in Seething Lane.

And whereas some Differences are and may arise betweene Landlords and Tenants of the severall Houses lately burnt or demolished in Seething-Lane, London aforesaid; Bee it further enacted by the Authority aforesaid That the said Judges and Barons or any three or more of them bee, and are hereby authorized and impowered to [heare and (fn. 3) ] 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 could or might heare and determine any the like Differences by vertue of both or either of the Acts aforesaid, and all Decrees and Orders in such Cases to be made shall binde and be obeyed by all parties therein concerned accordingly.

ITEM queda? Petitiones privatas personas concernentes (in se formam Actus continentes) exhibite fuerunt predicto Domino Regi in Parliamento p[re]dicto, quor? Tituli subscribuntur (videlicet)

1. An Act for the Setlement of the Rectory of Chudleigh in the County of Devon upon Thomas Lord Clifford and others.

2. An Act to enable James Earle of Salisbury to lett Leases of certaine Lands and Tenements for any terme not exceeding forty yeares.

3. An Act to enable the Deane and Chapter of the Cathedrall Church of Bristoll to exchange their Vicaridge of Berkley in the County of Gloucester with George Lord Berkley for his Rectory of Saint Michaells in Sutton Bonnington in the County of Nottingham.

4. An Act to enable the Trustees of Sir William Hanham Baronet deceased to sell Lands to pay his debts according to his owne direction in his Life time, and for management of the estate of Sir John Hanham an infant dureing his minority.

5. An Act to confirme Articles of Agreement made upon the marriage of Sir William Rich Baronet.

6. An Act for the confirming of an Award made by Sir Orlando Bridgeman Knight and Baronet late Lord Keeper of the Great Seale of England for the ending of all differences in the family of Sir Thomas Woolrich Knight and Baronet deceased and to enable John Woolrich Esquire and his heires to execute the powers in the said Award mentioned.

7. An Act for transferring the Interest of a terme of yeares in certaine Mannours and Lands late of Sir Robert Berkley Knight deceased and payment of Portions appointed to his Grand-children.

8. An Act for confirmeing Agreements made betweene Sir Ralph Bancks Sir John Hanham Baronet Ellis Bethell Thomas Mackrell, Richard Warland and John Edwards by their Guardians, and diverse other persons.

9. An Act for explaining and declareing the extant of an exception in a Deed therein named.

10. An Act for enabling Robert Bellamy to sell Lands for the payment of his Debts.

11. An Act for the naturalizing of Phillip Lloyed Gentleman.

Anno 27° CAROLI, II. A.D. 1675.

( (fn. 4) ) ACTS passed on the 9th of June 1675 in the 27th Yeare of the Reigne of K'g Charles ye 2d. in the Session begun the 13 of Aprill 1675. 27° Car. II. being the 13th Session of the Parliament begun the 8th of May 1661 in the 13th Yeare of his Reigne.

1. An Act for granting a licence to His Highnes Prince Rupert Duke of Cumberland for one and thirty yeares.

2. An Act to enable Sir Francis Compton to make Sale of the Mannor of Hammerton in the County of Huntington.

3. An Act for the naturalization of Theodore Russell and others.

4. An Act to enable Charles Cotton Esq[uire] to sell Lands for payment of debts and raiseing Portions for Younger Children.

5. An Act for enabling Trustees to sell Lands in the Counties of Glamorgan & Monmouth, for the Payment of the Debts of William Lewis Esq[uire] deceased, and the Debts and Legacies of Edward Lewis Esq[uire] deceased his Son.( (fn. 5) )

Footnotes

1 interlined on the Roll.
2 or O.
3 interlined on the Roll.
4 Taken from the Long Calendar at the Parliament Office.
5 There is no Roll in Chancery for this Session; and no Acts appear at the Parliament Office as Public Acts; and the above Five Acts only appear there as Private Acts.