to authorize and appoint any person or persons whom he or they shall think fit, to enter into any house or houses, within the limits aforefaid, either by day or by night, and there to search for and seize all such arms and warlike weapons, as shall be found contrary to the direction of this act; provided, That if the faid search shall be made in the night-time, between fun-setting and fun-rifing, it fhall be made in prefence of a constable, and if a ny persons, to the number of five or more, fhall at any time af- On oppofition femble together to obftruct the execution of any thing hereby the forces to required to be executed, it fhall and may be lawful to and for affift. every lord lieutenant, deputy lieutenant, or juftice of the peace where fuch affembly fhall be, and alfo to and for every peaceofficer within any fuch fhire, ftewartry, city, borough or place where fuch affembly shall be, and likewife to and for all and every fuch other perfon or perfons as by his Majefty, his heirs and fucceffors, shall be authorized and appointed in that behalf as aforefaid, to require the aid and affistance of the forces of his Majefty, his heirs and fucceffors, by applying to the officer commanding the said forces, and all other his and their loving fubjects (who are hereby authorized, impowered and commanded to give fuch aid and assistance accordingly) to fuppress such unlawful affembly, in order to the putting this act in due execution, and also to seize, apprehend and difarm, and they are hereby required to feize, apprehend and difarm fuch perfons fo affembled together, and forthwith to carry the perfons fo apprehended before any one or more of his Majefty's juftices of the peace of the shire or place where such persons shall be so apprehended, in order to their being proceeded against for fuch their offences according to law; and that if the perfons fo unlawfully affembled, All perfons" or any of them, or any other person or perfons fummoned to indemnified in deliver up his or their arms, in pursuance of this act, fhall hap- maiming or pen to be killed, maimed or hurt, in the difperfing, feizing and killing fuch oppofers. apprehending, or in the endeavouring to disperse, seize or apprehend them, by reason of their refifting the perfons fo difperf ing, seizing or apprehending, or endeavouring to disperse, seize or apprehend them, that then all and every fuch lord lieutenants, deputy lieutenants, juftice or juftices of the peace, or any peace officer or officers, and all and every perfon and perfons authorized and appointed by his Majefty, his heirs or fucceffors in that behalf as aforefaid, and all and fingular foldiers and other perfons, being aiding and affifting to him, them, or any of them, fhall be freed, discharged and indemnified, as well against the King's majefty, his heirs and fucceffors, as against all and every other perfon and perfons, of, for or concerning the the killing, maiming or hurting any fuch perfon or perfons fo unlawfully affembled, that fhall be fo killed, maimed or hurt as aforefaid. VII. And be it further enacted by the authority aforefaid, All courts to That if any action, civil or criminal, fhall be brought before allow defend. any court whatsoever against any perfon or perfons for what he ants the inor they shall lawfully do in pursuance or execution of this act, demnity, &c. fuch ble to be fum moned. : fuch court shall allow the defender the benefit of the discharge and indemnity above provided, and shall further decern the purfuer to pay to the defender the full and real expences, that he shall be put to by fuch action or prosecution, threefold. No peers or VIII. Provided nevertheless, and be it further enacted by the parliament authority aforesaid, That no peers of this realm, nor their fons, men, &c. lia- nor any members of parliament nor any perfon or perfons who, by the act above recited of the first year of his Majefty, were allowed to have or carry arms, fhall by virtue of this act be liable to be fummoned to deliver up their arms or warlike weapons, nor shall this act be conftrued to extend to exclude or hinder any other perfon, whom his Majefty, his heirs or fucceffors, by licence under his or their royal fign manual, fhall permit to wear arms, or who shall be licenced to wear arms, by any writing or writings under the hand and feal, or hands and feals of any person or perfons authorized by his Majesty, his heirs or fucceffors, to give fuch licence, from keeping, bearing, or wearing such and so many arms and warlike weapons, as in fuch licence or licences, or either of them, fhall for that purpose be particularly specified. 1 Geo. 7. ftat. 2. C. 54. None fhall be fued for bearing arms be fore the fum mon's except he refuse to deliver them up. IX. And to the end that no person or perfons intended to be difarmed, my be difcouraged from delivering up their weapons, from the apprehenfion of the penalties and forfeitures, which they may have incurred through their neglecting to comply with the directions of the act above recited of the first year of his Majefty, intituled, An act for the more effectual fecuring the peace of the Highlands of Scotland; be it therefore further enacted, That from and after the time of affixing any such summons as aforefaid, no perfon or perfons, refiding within the bounds therein mentioned, fhall be fued or profecuted for his or their having, or having had, bearing, or having born arms, at any time before the feveral days to be prefixed or limited by fummons as aforefaid, for the respective clans and districts to deliver up their arms; but if any person or persons shall refufe or neglect to deliver up their arms, in obedience to fuch fummons as aforefaid, or shall be afterwards found in arms, he and they shall be liable to the penalties and forfeitures of the statute above recited, as well as to the penalties of this present act. X. And to the intent that no perfon or perfons whatsoever, who shall be convicted by any civil Magiftrate, or court of judicature, within that part of Great Britain called Scotland, of any crime, importing a capital or any other corporal punishment, may be grieved by the over hafty execution of fuch fentence, without allowing time for application to his Majesty, or to his heirs and fucceffors, for his or their gracious pardon; be ting in execu- it enacted by the authority aforefaid, That from and after the tion fentences first day of June one thousand seven hundred and twenty five, importing a no fentence or judgment of any civil magiftrate, or court of capital or cor- judicature, importing a capital or any corporal punishment, if poral punishpronounced in Edinburgh, or any other part of Scotland to the fouthward of the Frith, or river of Forth, fhall be put to exe Times for put ment. cution nishment lefs cution within less than thirty days after the date of such fen- Judgment for tence and if pronounced in any place to the northward of the corporal pufaid Frith or river of Forth, thall be put to execution within less than death, than forty days after the date of fuch fentence: provided never- &c. may be theless, that nothing herein contained fhall hinder or disable executed after the courts of judicature, or any other civil magistrate within eight days, &c. 3 Geo. 2. C. 32. Scotland, to commit to gaol, and detain in custody, in order to ect. z. trial, or in order to the execution of fentence, as they by law might have done before the making of this act. act made 1701. XI. And whereas it is found by experience, that the fums for which bail is to be taken on any criminal information, in that part of Great Britain called Scotland, in purfuance of the act of parlia- Magiftrates may extend ment made there in the year one thousand seven hundred and one, the bail in intituled, An act for preventing wrongous imprisonment, and criminal inagainst undue delays in trial, are too small and difproportioned to formation to the danger, of the criminals efcaping from the punishment appointed double the by law, extending no higher than to the fum of fix thousand merks fums in the for a nobleman, three thousand merks for a landed gentleman, one thousand merks for any other gentleman or burgefs, and three hundred merks, all money of Scotland, for any other inferior perfon; be it therefore enacted by the authority aforefaid, That from and after the faid first day of June one thoufand feven hundred and twenty five, it may and fhall be lawful to and for all and every magistrate, judge, and court of judicature within Scotland, who by the said act above recited, were, in case of criminal informations and accufations, directed to limit the bail by them to be taken to the several and refpective fums above mentioned, to extend the bail to be given in the said several and respective cafes to double the fums provided by the aforefaid act, if he or they upon the circumstances of the case shall think fit. XII. And whereas for want of a fufficient fund for defraying the charges of apprehending criminals in North Britain, and of fubfifting them when apprehended, until profecution, and of carrying on the necessary profecutions against them, it often happens, that criminals there efcape the punishment due to their offences; for preventing of which inconveniences for the future, be it enacted by the autho- How the rity aforefaid, That it fhall and may be lawful to and for the charges of apfreeholders of every fhire, county or diftrict in North Britain, to prehending criminals, &c. affess the several hires or stewartries where their eftates lie, at fhall be defraytheir meetings at any of their head courts yearly, in fuch fums ed. as they fhall judge reasonable and fufficient for the purposes aforefaid; and that such monies fo from time to time to be affeffed fhall be collected, received and accounted for by fuch perfon and perfons, and in fuch manner, as fuch freeholders thall from time to time appoint, and fhall be applied for defraying the charges of apprehending of criminals, and of fubfifting them in prifon until profecution, and of profecuting fuch criminals for their feveral offences by due courfe of law, and to and for no other use or purpose whatsoever. XIII. Provided always, and it is hereby enacted and declared Continuance, by the authority aforefaid, That fo much of this act, and of all 6 and and every the claufes and provifoes herein contained, which are CAP. XXVII. An act for enlarging the term granted by an act paffed in the fifth year The act 5 Ann. c. 26. from 8 April 1728. to be in force for the purposes CAP. XXVIII. An act for the better regulating of buildings, and to prevent mifchiefs that may happen by fire within the weekly bills of mortality, and other places therein mentioned. Reciting the I. WE acts 6 & 7 HEREAS by an act made in the fixth year of the reign, of her late majefty Queen Anne, intituled, An act for the better preventing mischiefs that may happen by fire, it is, a mongst other things enacted, That from and after the first day of May one thousand seven hundred and eight, all and every house and houses, that shall be erected and built, either upon old or new foundations in any place or places in and about the cities of London and Weftminfter, or other parishes or places comprized within the weekly bills of mortality, shall have party-walls between house and house wholly of brick or ftone, and of two bricks thick at the leaft in the cellar and ground ftories, and thirteen inches thick upwards from the foundation quite through all the ftories of each house, and eighteen inches above the roof, and that no mundillion or cornish of timber or wood under the eves fhall thereafter be made or suffered in any fuch new house or houses, but that all front and rear walls of every house and houfes fhall be built of brick or flone, to be carried two foot and a half above the garret floor, and coped with ftone or brick, under the penalty therein mentioned: and whereas by another all made in the feventh year of the reign of her faid late Majefty (for making more effectual the faid act) it is, amongst other things enacted, That from and after the first day of May one thousand seven hundred and nine, all and every house and houses, that shall be erected and built, either upon old or new foundations, in any place or places in and about the cities of London and Westminster, or other parishes or places comprized within the weekly bills of mortality (except houses on London-Bridge, and and on the river of Thames below bridge,) fhall have party-walls between house and houfe, wholly of brick or flone (except door-cafes, windows, lentils, breast-fummers, story-pofts, and plates) of two bricks thick at the least in the cellar, and one brick and a half thick upwards to the top of the garret floor, and all gable-ends to be one brick in length, and eighteen inches above the roof, and to have no beams or rafters lie or ftand, or to be in the brick works of the gableends: and for preventing fuits about differences in party-walls, it is therein further enacted, That all party-walls fhall be built nine inches on each man's ground, whether the old party-wall be brick, ftone or timber, and that the first builder shall have power to pull down the fame, and build up the new party-wall as aforesaid, and be paid by the owner of the next house after the rate of five pounds per rod, as foon as he shall have built the faid party-wall; and for all houses thereafter to be built, that do not yield the rent of twenty pounds per annum more than the ground-rent, to be left to the difcretion of the builders, provided, That all party-walls for the fame be built with brick: And whereas divers doubts and difputes have arisen upon the faid recited acis touching the power of the first builder to enter into the next adjoining houfe to fbore and Jupport the fame, and at whofe expence, during the time the party-wall fhall be pulling down and rebuilding, as also touching what proportions of the charges of building party-walls ought to be born by the owners and occupiers of houses, having different interefts therein, and other doubts and difficulties arifing upon the faid acts, it is necessary to explain and amend the 6 Ann. c. 3r. fame, and to make the faid acts more effectual, may it therefore? Ann. c. 17• . please your Majefty that it may be enacted, and be it enacted by the King's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal and commons, in this present parliament affembled, and by the authority of Builders pulthe fame, That from and after the twenty-fourth day of June ling down a one thousand seven hundred and twenty five, all and every per- to give rotice partition-wall, fon or persons who shall erect or build, or cause to be erected to the adjoinor built, any house or houses upon any old or new foundation ing house. or foundations, in any place or places in and about the cities of London and Westminster, or any parish or place comprized within the weekly bills of mortality, or within the parish of Saint Mary la bone and Paddington, or within the parishes of Chelsea and Saint Pancras, or either of them, in the county of MiddleSex, (except houfes on London-bridge and on the river of Thames below bridge,) and who fhall think it neceffary to pull down any partition-wall between fuch house and the next adjoining houfe, fhall (in cafe the owner or occupier of fuch adjoining house will not, or by disability cannot agree,) give three months notice in writing to the owner or occupier of fuch adjoining house, to whom any part of the faid wall belongs, of fuch his, her or their intention to pull down fuch party-wall, to the intent that that before such party-wall shall be pulled down, the fame may, To be viewed within the space of one month next after fuch notice, be viewed by four workby four or more able workmen, two or more of which workmen men. fhall be named by such first builder, and the other two or more 2 by |