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A95588 Tenants law a treatise of great use, for tenants and farmers of all kinds, and all other persons whatsoever. Wherein the several natures, differences and kinds of tenures and tenants are discussed, and several cases in the law touching leases, rents, distresses, replevins, and other accidents between landlord and tenant, and tenant and tenant between themselves and others; especially such who have suffered by the late conflagration in the city of London. The second edition. By R.T. Gent. R. T., Gent. 1670 (1670) Wing T51B; ESTC R203704 58,719 163

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d. or such a small sum If waste be done upon lands let Cook 2 part Inst s 303. for term of years or life by one against whom the Lessee can have no remedy in Law for committing the same waste the Lesse in such case is not punishable for the same by the Lessor except there be a special covenant in the Lease that he shall not permit nor suffer waste to be done If the house be uncovered when the Tenant cometh in it is no waste to the Tenant if he suffer it to fall down The raising of a new frame of a house which was never covered is no waste If a house fall by sudden tempest or be burnt by lightning or destroyed by Enemies or the like without any default of the Tenant or was Ruinous at his coming in and fall down this is no waste And the Tenant may build the same again with such materials as remain and with other Timber growing upon the ground but he must not make the house any larger then it was for if he do it is waste If a Tenant fix a Furnance and not to the Walls nor Posts of the House if he take it away within his term it is no waste If a Tenant in Fee fix a Furnace in the middle of the house the heir shall have it and not the Executors If a house fall by a great wind or tempest the Lessor shall have the Timber for it is no waste and the Lessee is not bound to build it up again CHAP. VII The Tenants Law touching Mens Buildings in the City of London For prevention 19 Ca● 2. of Suits between Landlords Tenants and under-Tenants in the City of London whose Houses were destroyed by the dismal Fire which hapned the 3. Sept. 1666. For the speedy Rebuilding the City and preventing differences It is enacted THat the Justices of the A Court of Judicature for Rebuilding the City Kings-Bench and Common-Pleas and Barons of the Exchequer being of the degree of the Coise or any three or more of them to hear and determine all differences which may arise between Landlords Proprietors Tenants Lessees Under-Tenants or late occupiers of any Houses Courts Yards Grounds Wharfs or of any claiming any Estate or Title in or to the same their Heirs c. And to defalk apportion or abat● Rent or Rents and to limit and prefix or limit time for Rebuilding and to proceed from time to time and at such place or places as any three or more of them shall think fit Sine forma et figura Judicij and to enquire by Jurors Verdict Witnesses upon Oath Examinations of parties interessed or otherwise to hear and determine all differences between the parties interessed concerning the premises That the definitive order of the said Fol. 7. 8. ● Justices and Barons or any three of them shall be final No Writ of Error or Certiori shall be for reversal or removal of the same The said Judges or any three or more of them have power to order the surrendring Abridging Leasing Determining or Charging of any Estates in the premises to add longer time to Leases not exceeding forty years at such Rent and Fine or without as they shall think fit Upon the Petition of any person concerned The said Judges shall issue our Notes or Warrants under the hands of any three of them to warn the persons therein named to appear before them at such time and place as such Note shall specifie And upon non-appearance Oath being made of the service the said Justices and Barons or any three of them to proceed to definitive Order Enacted That the said Justices Fol. 80. and Barons or any three of them shall be a Court of Record and shall cause all Judgments and Determinations to be Recorded in a Book of Parchment and that every Judgment be Signed by three of the said Justices and Barons and to be kept amongst the Records of the City The said Justices and Barons are to order a Table of Fees for the Offieers to be imployed in the said Court Where any Order is made by a lesser number then seven of the said Justices and Barons then any Person grieved by such order may put in Exceptions in seven dayes to the chief Justices and chief Barron or any two of them who are to acquaint the rest therewith and to hear the Parties and consider the said Exceptions And if seven or more subscribe that they find cause then any seven or more of the said Justices and Barrons shall within twenty dayes after the Exceptions delivered review the former order And to reverse confirm enlarge or diminish the same as they shall think fit This Act to continue in force till the last of December 1668. and no longer Enacted That the Lord-Mayor 19 Car. 2. R. fol. 84. 85. Aldermen and Common-Counsel shall nominate Surveyers or Supervisors to see the Rules touching the The buildings to be surveyed New building of the City observed If any one build contrary to the Rules hereafter mentioned the same to be deemed a Nusance and the builder to enter into Recognizance before the Mayor and Justices to abate demolish or amend the same according to the Rules and Orders and if the Offender refuses he shall be committed to the common Gaol of the City without Bayle or Mainprize there to remain till he shall have abated demolished or amended the same or else such irregular Buildings may be demolished by order of the Court of Aldermen The Surveyers to take an Oath for Fel. 86. the impartial execution of their Office There shall be only Four sorts of Idem Buildings and no more The least sort in By-Lanes Four sorts of Buildings The second sort in Streets and Lanes of Note The third sort of Houses Fronting the principal Streets The fourth sort of Houses for Persons of extraordinary quality not fronting either of the three former wayes the Roofs of the three first sort of Houses to be Uniforme The Lord-Mayor Aldermen and Idem Common-Counsel shall declare which shall be accompted By-Lanes which Streets or Lanes of note and which High and Principal Streets All the Streets and Lanes intended Fel. 87. to be rebuilt shall be Marked and Staked out by order of the Lord-Mayor Streets and Lanes to be staked out Aldermen and Common-Council that the breadth length and extent thereof may be known and observed None shall wilfully pull up or Penalty for pulling up any Stake or Mark. remove any Stake or Mark-Stone on paine of ten pounds to the use of the City or three Months imprisonment without Bayle or Mainprize or if the Offender be not able to satisfie such Penalty then the Justices may by order under his or their Hands and Seals cause such Offender to be whipped neer the place where the ofence shall be committed till his body be bloody And it shall be lawful for the said Justice or Justices to reward the Insormer out of