Page:Ruffhead - The Statutes at Large - vol 8.djvu/523

 A. D. 1759.' Anno triceiimo tertio Georgii II. C. 30, 489 faid recited A£l, as relates to Party Walls within the faid City or Liberties, fhali, from and afj^er Act, >s relates to I'artjr' the pafling of this prefent Aa, extend and be conftrued, deemed and taken to extend, to all Cafes J^'J'^^'hcJ" TflTdu/** ■whatfoe-.-'er, within the faid City or Liberties, where it is or fhall be necelTary to pull down and re- neceLTy "o pull down build any Party Wall, whether either of the adjoining Houfes fhall or fliall not be, or required to and rebuild any Party, be rebuilt or new built: And that from and after the pafling of this prefent Acl, in cafe the major Wall within the City^ Part of the Workmen apointed, in manner by the faid recited Ail prefcribed, to view the Party <"■ the Liberties thereof i Wall of any Houfe or Houfes, within the faid City or Liberties, intended to be pulled down, (hall ^£^l^,l^,^^Znlc'^^ not, within the Space of one Month next after fuch Appointment, fign a Certificate in Writing, as J^ to f,gn^a Certificate •by the faid Acl: is required, then, and in every fuch Cafe, it fhall and may be lawful to and for the purfuant to the faid Act, Court of Mayor and Aldermen of the faid City, and they are hereby authorized and required, upon ^ Application to them for that Purpofe made, by the Owner or Occupier of either of the Houfes be- tli« Court, upon App'.i- ■tween which the Party Wall fo propofed to be pulled down fhall be, to name and ^-PPoint one "^1;'^"^^°^,^^^;"^^^^^^^^ other able Workman to be added to the Workm,en appointed by virtue or in purfuance of the faid ,o be added to the "Nunv- recited A61: : And the Workmen, fo appointed by virtue or in purfuance of the faid former Aa, and ber j of this prefent Aa, or the major Part of them, who (hall meet for that Purpofe (reafonable Notice and the Majority certify- having been given to all of them of fuch intended Meeting) fhall view the Party Wall, fo propofed ing tlWrenpoQ fuch WaH to be pulled down: And in cafe the major Part of fuch Workmen (liall certify in Writing under '« ''=^^<^» their Hands, that fuch Party Wall is defeaive and bad, and ought to be pulled down, then, and in itis to be pulled down, ' fuch Cafe, it fhall and may he lawful to and for the Owner or Occupier of cither of the faid ad- *"■* rebuilt, joining Houfes to caufe fuch Party Wall to be pulled down and rebuilt, and he or (lie (liall h'te[^^^J^|=^^°^^.^J_^«"^^^^^^^ luch Remedy for recovering a Moiety of the Expences thereof, as in and by the faid recited A£t 'S.juft''c«^"upon"AppJl to given or provided ; fubjea neverthelcfs to fuch Appeal and Determination by the Juftices of the uieio.. ' Peace of and for the faid City, as by the fame Aa is direaed. ' XXIV. And whereas it would tend greatly to prevent the Spreading of the fatal EfFeas of Fire ' the Reign of her late Majefty Qijcen Anne, intituled, Jn ASi for making 7nore effeSiual an y/^?,/«4C<^''- 3' f- H* .' ' ... r^ ^ L^u jLC^-j^i c 11 in- Ti I- ture, are to be two Bricks which from and after the Expiration of three Calendar Months next after the pafling of this Aa, "pward j . fhall be ereaed or built within the faid City or Liberties thereof, (hall be two Bricks and a half anfi "o Timber?, except^ thick at the leaft in the Cellar, and two Bricks thick upwards to the Top of the Garret Floor; and thofe of Uie Roof, Gir- that the fame (hall be built of Stone, or of good, found, hard, well burnt Bricks, and none other; fo'LTaid b'to th%^'c- and alfo that from and after the Expiration of the faid three Calendar Months, no Timbers, except. ^. » b ' the Timbers of the Roof, Girders and the Templets under the fame, fhall be laid into the Party ^or„ jj,gn j p^oj^^j'^,^^ Walls ereaed or built, or to be ereaed or built within the faid City or Liberties; and that the in, and not to mcer, or Ends of Girders, lying within fuch Party Walls, fhall not exceed one Foot ; and that none of the be opoofue to rhofe in Ends of the Girders, in adjoining Houfes (hall meet, or be laid oppofite to each other; and that the the adjoining Hotfts, Sides thereof (hall he at leaft nine Inches diftant from each other: And if any Head Builder, Mafter cheVdiSant from each Bricklayer or Workman, fliall erea and build, or caufe to be ereaed and built, any Party Wall other; on Penalty of within the faid City or Liberties, contrary to the Direaions, true Intent and Meaning of this Aa, forfeiting 50 1, for evenj- cr (hall ufe, in the Building thereof, any Bricks, other than good, found, hard, well burnt Bricks, Offencein any 0. the or (hall lay any Timber, in any Party Wall ereaed or built, or which fhall be ereaed or built, ^'^"^''^^- j within the faid City or Liberties, contrary to the Direaions, true' Intent and Meaning of this A6t ;, then fuch Head Builder, Mafter Bricklayer or Workman, fhall for every fuch OiTence lo;feit and pay the/nf'Vmer acd'po"i<>f the Sum of fifty Pounds, to be equally divided, one Moiety thereof to the Informer, and the other t},e patijh, «rc. Moiety fo the Poor of the Parifh where fuch Building (hall be, and to be levied by Warrant under the Hands and Seals of two or more of his Majefty's Juftices ot the Peace, by Diftrefs and Sale of the Offender's Goods, upon Conviaion upon Oath of one or more credible Witnefs or WitnellcS, or upon his or their own Confeflion, rendering the Overplus (if any be) to the Owner or Owners : And for want of fuch Diftrefs, the Offender fhall be imprifoned for the Space of fix Months, unlefs the faid Penalty fhall be fooner paid, by Warrant under the Hands and Seals of the faid two Juftices, who are hereby required and impowered to iflue fuch Warrant accordingly, ' XXV. And whereas feveral Houfes within the faid City and Liberties arc, in Part, ereaed or Vol. Vin. R.rr . * the
 * happen that Party Walls within the faid City or Liberties thereof, may be fo far cut of Repair as to-
 * render it necelTary to pull down and rebuild the fame, although neither of the adjoining Houfes
 * require to be new built: And whereas the Workmen appointed by virtue of the faid recited A61
 * to examine Party Walls, are often equally divided in Opinion about the Neceffity of rebuilding.
 * the fame, whereby a Certificate from the major Part of fuch Workmen, as by the faid recited Adt
 * is required, cannot be obtained, and the Purpofes of the faid A61:, in many Inftances, have been
 * evaded;' Be it therefore enabled and declared by the Authority aforefaid. That fo much of the So much of the recite*'
 * within the faid City and Liberties, if Party Walls between Houfe and Houfe, within the fame*,
 * were to be made of greater Thicknefs than is prefcribed by the Aa, palTed in the feventh Year of Act yAnnae, c 17. atut
 * vtade in thejixth Tear of her Majejly's Re'ign^ for the better prevejiting of Mf chief that may happen by
 * Fire; and if no Timbers, except the 1 imbers of the Roof, Girders, and the Templets under the
 * fame, were laid into the Party Walls ; and if the Ends of the Girders, lying within the faid Par-
 * ty Walls, did not exceed one Foot ; and if none of the Ends of the Girders in adjoining Houfes ,',1.1'., ^d^I""
 * met, or were laid oppoiite to each other, and the bides thereof were laid at leait nine Inches di- and a half thick in the
 * dant from each other;' Be it therefore enaaed by the Authority aforefaid, That all Party Walls Cellar, and two Bucks
 * built over the Grounds of other Proprietors, or the feveral Floors, Rooms or Parts thereof, are
 * the Property of diftetent Perfons, whereby Difliculties and Disputes may aiife amongft the faid
 * feveral Owners or Proprietors, touching the pulling dov/n and rebuilding the faid Premiflcs, or