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fey the owner or tenant' or occupier of such next house to that which is intended to be pulled down; and in cafe either of the said parties shall refuse or neglect to name within three weeks (next after such notice) such, workmen, that then the other of the said parties mall name four or more workmen, who shall view the party-wall intended to be pulled down, and (without -consent) the same shall not be pulled down, unless in any of the Workmen to Cafes aforesaid, the major part of such workmen shall certify certify to in writing under their hands, to the justices of the peace in the
ons th^d^ct neXt §enera* or ^uartet felons of the peace to be holden for the ons e e e . ^ Qr coUnty5 waere fucn party-wall is intended to be pulled
down, that such party-wall is defective and ruinous, and ought to be pulled down; and in cafe any person or persons shall think him, her or themselves aggrieved by any such certificate, such justices shall, upon complaint to them made, summon before them one or more of such workmen, and such other person or persons, as they shall think fit, and shall examine the matter upon oath (which oath or oaths they are hereby impowered to administer) and upon such examination or examinations the said justices are hereby authorized and required to make such order or orders in the premisses, as they in their discretions shall think to be just and reasonable, and the determinations of the said justices thai! be final and conclusive to all parties without any appeal from the fame.
IL And be it further enacted by the authority aforesaid, That Owner of the jf within three days after such certificate made by workmen as Jhorein^ first af°re^? a copy thereof shall be delivered to the owner or ocbuilde/may, capier of such next adjoining house, or left there, and there 'shall be no appeal from the lame within the time aforesaid, in every such cafe, if such owner or occupier shall neglect or refuse to shore and support his, her or their houses within fix days after the time allowed by this act for appeal as aforesaid, That then it shall and may be lawful to and for such first builder or builders, giving notice as aforesaid, to enter into such house or houses (at all seasonable times) with workmen and materials, to shore and support the same, and shall shore and support the same at the charge and expence of such owner or occupier; and after the fame shah be so shored and supported, it shall and may be lawful to and for such first builder or builders, to build up a new party-wall, according to the directions of the laid recited acts, and within ten days aster such party-wall shall be so built, such first builder or builders shall, in writing? leave at such next house* or with the owner or occupier thereof, a true account of the a^rty-wan! number of rods in such party-wall, and one moiety or half-part of the expence thereof, after the rate of five pounds 'per rod^ shall be paid by the owner or owners of such house or houses* who are entitled to the improved rent thereof 5 and it shall and niay be lawful to and for such tenant or occupier to pay such first builder or builders for the fame, as also for the moreing and supporting the house as aforesaid, after he or they shall have 'built such party-wall, and to deduct the lame out of
the the next rent that shall become due from him or her to such owner or owners, under whom he or she holds or enjoys the fame, and in cafe of neglect or refusal to pay the expence of building the party-wall, or the expence of shoreing and supporting the houses aforesaid, within one and twenty days after demand thereof, then it shall and may be lawful to and for such first builder or builders, his, her or their executors or administrators, to sue such owner or owners for First builder such their proportions of the expences of building or rebuilding may sue for such party-wall, and shoreing and supporting such house as a- tJleproportion foresaid, by action of debt, or on the case, bill, plaint or in- ot theexPence« formation, in any of his Majesty's courts of record at Westminster, wherein no essoin, protection, privilege, or wager of law^ or more than one imparlance shall be allowed.
III. And for the better preventing the spreading of fires from
one house to another, be it further enacted by the authority a- No door-case, foresaid, That it shall not be lawful to make or have in any^1^?^ &c* party-wall of any house, which after the twenty fourth day of v°ali^ln party~ June one thousand seven hundred and twenty five, shall be erected or built within the limits aforesaid, any door-case, window, lentil, breast-summer, or story-posts or plates whatsoever, unless where two or more houses shall be laid together, and so used or occupied as one house only, and during the time of such usage, and no longer, upon pain that the owner or owners of any such house shall, for every such offence, forfeit Penalty S°h the sum of fifty pounds; but it may be lawful that such doorcase, window, lentil, breast-summer, or story posts or plates shall or may be fixed or put in the front of such house or building for the convenience of a shop or shops only.
IV. And whereas several old houses within the cities of London
and Westminster, and other the limits aforesaid, have instead of one^'ir& builder porty-wall, two old. timber-walls or partitions, o?ie belonging to each TM\&^^TM^ house, and separate from one another, and disputes may arise touching wans 1 an^ pulling down and rebuilding such -walls or partitions, as there may be build a new occasion, be it enacted by the authority aforesaid, That such Dsick walU first builder as aforesaid, giving three months notice as aforesaid to the owner or occupier, or owners or occupiers, shall have power to pull down both the said timber-walls or partitions, and to build a new brick party-wall of such thickness and' height, as is directed by the said recited acts, and to pull down and rebuild the fame, and (hall be paid for such party-walls in such manner, as herein before directed, and appointed, subject to such appeal and determination by the justices of the peace as aforesaid.
V. And be it further enacted by the authority aforesaid, Water from That the water falling from the tops of the said houses to be the roPs of th« built after the said twenty fourth day of June one thousand seven \^ft$y &c;t(; hundred and twenty five, within the limits aforesaid, and the wa- party-pin^ ter falling from the balconies and penthouses thereof, shall be conveyed into the channels by party-pipes on the sides or fronts of
Vol. XV, S th
Penalty iol *"a"1(* ^ou^es> on Pa*n tne owner. or owners offending J °' herein shall for every offence forfeit the sum of ten pounds.. ° Penalties how VX And be it further enacted by the authority aforesaid, to be levied That all fines, penalties and forfeitures inflicted or imposed by and disposed tnjS act, shall be sued for, levied and recovered in like manner, ot' as is herein before mentioned, and one moiety or half-part there
of snail be to the informer or informers, and the other moiety thereof to the poor of the parish where such offence (hall be committed.
Second build- ^11. w^ereas divers houses are or may hereafter be built on er not to takeflw foundations, within the limits above-mentioned, and which stand the benefit ofsingly by themselves, and have no house adjoining to one end or side the first build- iJjCr£0f by means whereof such builder or builders have been at the wallparty" whole charge and expence of building two party-walls and a fence-wall to one and the fame house, and some other person or persons may build upon the ground nest adjoining to such house or houses, be it therefore enacted by the authority aforesaid, That it (hall not be lawful to and for any such second builder or builders, his, her or their executors, administrators or assigns, to make use of or take the benefit of such party-wall and fence-wall, nor (hall such second builder or builders, his, her or their executors, administrators or assigns, on any account whatsoever, lay any wood or timber, or cut any hole for cupboards, presses, or any other uses, Penalty 50I. in such party-wail, under the penalty of forfeiting the sum of fifty pounds.
VIIL And whereas by the said recited aft of the sixth year of the said late §)ueen there is a penalty of fifty pounds laid upon the owner and head builder or workman, who should neglect to build every house thereafter to be built according to the directions of the said recited acty one moiety whereof to be to the informer, and the other moiety to the poor of the parish wherein such buildings Jhould be erected: and zuhereas persons convicted upon the said act, after they have paid the1 J aid penalty thereby inflicted, are not obliged to make good such partition-walls and defects, for which they have been prosecuted, so that the preventing the danger that may happen from fire, which the said act was designed for, will in a great measure be evaded and rendred ineffectual \ and whereas since the passing of the said recited act, there has been a very great increase os buildings within the limits afores aid, and many of the houses so built are not in every respect built according to the directions of the said recited acts, zvhereby the several oivners and head builders thereof have incurred the said penalty, and several persons are informed againfl, and now wider prosecution for the fame, zuhich if they are convicted for, they are not liable to make good the said defects, so that the mischiefs from fire, that by the said acts were intended to be prevented, zvill be defeated in all those houses so built, and many families probably be utterly ruined-, and whereas the said first oiuners, head builders or workmen of such houses so irregularly built are willing and desirous to make good the said defects, whereby the intent of the said acts would be fully answered, provided they may be exempted from the penalties already incurred by the said former acts > be it therefore enacted by the authority thority aforesaid, That all such first owners, head builders or gUjfjers makworkmen, who shall, on or before the twenty ninth day of Sep- ]ng goocj the tember one thousand seven hundred and twenty seven, make good defects, and such defects, pursuant to the directions of the said acts, and shall P*ying th£ inpay or cause to be paid to every informer or informers (if by ^TMeTM them demanded) such their reasonable costs and charges of pro- liableto'penalsecution or suit, which shall have been so commenced (upon ties,&c. EXP, which no conviction (hall be obtained before the tenth day of May one thousand seven hundred and twenty five) to be settled and fixed by three or more of such justices of the peace of the city or county where the offence hath been committed, shall not be liable to the penalties of the said acts, but shall and are hereby acquitted and discharged of and from the same; but in case such first owner, head builder or workmen shall not make good such defects, and pay such reasonable costs and charges of prosecution, so fixed and settled as aforesaid, within the time herein before limited,' that then for such neglect, he, (he or they shall forfeit double the penalty in the said act mentioned; and all such first owners, head builders and workmen, who (hall have been convicted by virtue of the said recited acts, or either of them, before the said tenth day of May^ and who shall not make good such defects (for which they or either of them were so convicted) before the time herein before limited for making good the same, shall notwithstanding such conviction, be further liable to the penalties of the said acts, all which penalties are to be recovered and paid in such manner, as by the said acts are directed: provided nevertheless, That in cafe the present owners or occupiers of such bouse or houses as are so defective, and built contrary to the directions of either of the said recited acts, shall refuse and deny such first owner, head builder or workmen, within the time above limited, on giving him, her or them thirty days notice at least, in writing, to be left at their dwelling house or houses, to enter into and upon the premisses, and to bring materials for making good the said defects, that then upon proof made on oath before two or more justices of the peace of such denial or refusal* such first owner, head builder or workmen (hall, and are hereby discharged of and from the penalties of the said recited acts and of this present act, and such present owner or occupier so denying and refusing, mall be, and is and are hereby declared subject: and liable to pay the same penalties, as the said first owners, head builders or workmen mould have paid; any thing herein or in the above recited acts contained to the contrary thereof in any wife notwithstanding.
IX. Provided, That whereas the said conviction for the said Convictionbeforfeitures was to be only before one justice of the peace, it is fore two juhereby enacted and declared, That the said conviction shall, from ftices, and after the said twenty fifth day of June one thousand seven hundred and twenty five, be before two justices of the peace at the least.
An act to continue several acts therein mentioned for preventing frauds committed by bankrupts for encouraging the Jilk manufactures of this kingdom j for -preventing the clandestine running of goods; for making copper ore of the British plantations an enumerated commodity; and for explaining and a?nending a late aft for more effectual punishment of such as fiiall wilfully burn or destroy ships.
WHEREAS the laws herein after mentioned (which have by experience been found useful and beneficial) are near expiring^ may it therefore please your Majesty that it maybe enacted, and be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliament assembled, and by the Bankrupts act: authority of the fame, That an act made in the fifth year of his 5 Geo. 1. c. 24. Majesty's reign, intituled, An ail to prevent frauds committed by ^e^ear^c1" ^al^ruPts-> which act was to continue in force for seven years, on * ' 'from the twenty sixth day of May one thousand seven hundred and sixteen, and from thence to the end of the then next session of parliament, shall be, and is hereby continued from the expiration thereof, for and during the space of one year, and from thence to the end of the then next session of parliament. E X P. S Geo 1 ^' ^nC* ^e 'lt further enacted by the authority aforesaid, c V5. for^en-' That the several clauses for encouragement of the silk manufaccouraging silk tures of this kingdom, and for taking off several duties on mermanufactures, chandizes exported, contained in an act made in the eighth year continued for Qf n[s Majesty's reis;n for encouragement of the silk manufacFarther conti- tures °* tnis kingdom, and for taking off several duties on mernuedbyzGGeo. chandizes exported, and for other purposes therein mentioned, 2. c. 3.2. which said clauses were to have continuance for three years from the twenty fifth day of March one thousand seven hundred and twenty two, and to the end of the then next session of parliament, shall be and are hereby continued from the expiration thereof for and during the space of three years, and from thence to the end of the then next session of parliament. Twolaft clans- ^* ^nc* ^e lt enac^e^? That the two last clauses (for the more es in an act effectual preventing frauds and abuses in the said manufactures) 9 Geo. r. c. 8. contained in an act made in the ninth year of his Majesty's reign, to be in force, sor continuing some laws, and reviving others, and for other purposes therein mentioned, shall be of full force, and shall be put in execution accordingly. Act 8 Geo i ^nc* ^e lt further enacted by the authority aforesaid-,
c 18. to-pre-* That an act made in the eighth year of his Majesty's reign, invent running tituled, An act to prevent the clandestine running of goods, and the of goods, con- danger of infection thereby, and to prevent sinps breaking their quathr"ed^ars rentin£? and to subject copper ore of the production of the British &c.e<1 Farther plantations to such regulations, as other enumerated commodities of the continued by 0i production are subjects which acts was to continue in force for 21Geo.a1C.33." twa