Section V Court not to take away any Ground but only for Enlargement of the Streets, &c. as herein mentioned.
Several Houses to be taken away; If Owners do not build within Three Years, then the Court to dispose of the Ground to such Person as will build; Satisfaction to be made to the Proprietor of the Soil.; In case of Refusal a Jury to be impannelled; Payment of Money, &c. a Perpetual Bar.
Provided That the said Rules and Directions doe not extend to the takeing away of the Ground or Soile of any person or persons Bodies Pollitique or Corporate or others otherwise then to enlarge the Passages at the Corners and Places herein after mentioned and to take away the Houses herein after expressed that is to say To inlarge the Passage at the Corner which stands in the Passage betweene the South Streete and the Streete called the Drapery, the Corner. House there being late in the Tenure of Bartholimew Manning, and at the Corners which stand in the Passage betweene the said Streete called the Drapery and the Streete called the Sheepe Market on the North end of the said Streete called the Drapery, and to inlarge all the Streete or Passage betweene the North-side of All Saints Church and the Houses to be built over against it and the Streete or Passage on the South-side of the said Church and the Houses to be built over against it, and to take away all those Houses which stood betweene the Row of Buildings lying on the South side of the Markett Hill called the Mercers Row and the Row of Buildings lyeing on the North side of the said Market Hill, and to enlarge the North corner of the 'Passage betweene the Market place and the Streete called Abington Streete, and to inlarge the passage which went about the midle of the East side of the Drapery Streete into the Market place, And further in case the Proprietors or Owners of the Houses demolished by or by reason of the said Fire or their Assignes shall not within the space of three yeares next ensueing after the said Fire lay the Foundations of their Houses to be rebuilt and shall not within the time to be limited by the said Court rebuild and finish the same that upon such default the said Court shall have power and authority by their Order and Decree to dispose of the said Houses soe to be rebuilt and of the Soile thereof and of all Yards, Backsides, Orchards Gardens and other Appurtenances thereunto belonging to such person as will rebuild the same their Heires and Assignes, And that the said Court shall and may award what summe of money or other satisfaction the person who undertakes to be the Rebuilder shall give for the same to the Proprietor or Proprietors, Owner or Owners makeing such default as aforesaid. And in case the said person or persons makeing default will not or through any such disability or other impediment as is before in this Act expressed cannot accept thereof, in such cases the said Court are hereby impowered to impannell and summon a Jury before them, which Jury upon their Oathes (to be administred by the said Court), are to assessé such recompence and satisfaction as they shall thinke fitt to be awarded and paid unto the person or persons makeing default in rebuilding for the said Houses to be rebuilt and for the Soile thereof and for the Yards Backesides Orchards Gardens and other Appurtenances thereunto belonging by the person who undertakes to be the Rebuilder. And upon payment of the said recompence and satisfaction soe awarded, or tender and refusall thereof, the said person or persons makeing default in rebuilding his Heires and Assignes and all others shall be for ever barred and the said Houses to be rebuilt and the Soile and other the Appurtenances thereof soe assigned by the said Court unto the Undertaker to rebuild the same shall for ever after be and remaine unto the said Rebuilder his Heires and Assignes for ever in such manner as the said Court shall have assigned and appointed the same.