Page:Ruffhead - The Statutes at Large - vol 9.djvu/201

 A. D.i 763. Anno quarto Georgii III. G, 14. 1-.5* that a Party Wall of Party Walls of Brick or Stone cannot be effectually built upon the old Foun- - dations, perpendicular quite through all the Stories of the faid Houfe or Houfes, in order to prevent Mifchiefs by Fire, without pulling down fome Part or Parts of one or more of the faid adjoining Houfes, and laying fome Part or Parts of one or more of the faid adjoining Houfe or Houfes or Ground to the other or others thereof, it fhall and may be lawful to and for the Juftices of the Peace, are to b'ereferrea tothe in the General or Quarter Seffions to be holden for the faid City and Liberty of Weftminjhr, or the J u 'i' ces « their Quarter County of Middlcfex, and they are hereby authorized and required, upon Application made to them SeffioDS » by the Perfon or Perfons defirous to pull down or rebuild any Houfe or Houfes as aforefaid, to exa-- mine into fuch Difpute or Controverfy, and afcertain the Property, and fix the Value, of what may be found neceflary to be wanted for erecting perpendicular Party Walls upon the old Foundations as aforefaid; and, for that Purpofe, to iffue their order to the Sheriffs or Bailiffs, or other proper who are to Common a Officer of the City or County wherein any fuch Difpute or Controverfy" nath-arifen or ihail arife, to J" 1 '/ t0 fix thc Value ; fummon a Jury to view the PremhTes, try the Facts, and fix the Value of any Damages that may and the Order made up- arife, on their Verdict} and, upon fuch Verdict, the faid juftices fhall and may, and are hereby au- onfuch v «dift,. . thorized and required to make fuch Order or Orders in the faid Premiffes as they, in their Difcre- tions, fhall think to be juft and reafonable ; and the Determinations of the faid Juftices fhall be final ; st0 be final. and conclufive to all Parties, without any Appeal from the fame X. And, for the better preventing Mifchiefs that may happen by Fire, and to deter and hinder ill-minded Perfons from willfully fetting their Houfe or Houfes, or other Buildings, on fire, with a View of gaining to themfelves the Infurance Money, whereby the Lives and Fortunes of many Fa- milies are loft ; Be it further enacted by the Authority aforefaid, That it fhall and may be lawful to Cafes w h.r e ;nTnftr.ince and for therefpeaive Governors or Directors of the fevc-al Infurance Offices, within the Cities of office's may lay out the London and Wejlminjler, for infuring Houfes and other Buildings againft Lofles by Fire, and- they are infurance Money, to- hereby authorized and required, upon the Application and- Requeft of any Perfon or Perfons inter- wards rebuilding &c. cfted in, or intitled unto, any Houfe or Houfes or other Buildings^ within the Limits by this Act prefcri- H 2 ul f • h S- nf ! ot dam "~ bed, which hereafter fhall or may be burnt.down, demolifhed, or damnified by fire ; or upon any ° y - Grounds of Sufpicion that the Owner or Owners, Occupier or Occupiers, or other Perfon or Per- fons who fhall haveinfured fuch Houfe or Houfes, or other Buildings, have been guilty ofFraud,or of willfully fetting their Houfe or Houfes or otherBuildings, on fire; to caufe the Infurance Money to be laid cut and expended, as far as the fame willgo; towards rebuilding, reinftating, or repairing'fuch Houfe or. Houfes, or other Buildings, fo burnt down, demolifhed, or damnified by Fire ; unlefs the Party or Parties claiming fuch Infurance Money fhall, within fixty Days next after fuch Claim fhall beadjufted, give' a fufficient Security to the Governors or Direaors of the Infurance Office where fuch Houfe or Houfes, or other Buildings, are infured, that the fame Infurance Money fhall be fo kid out and ex- pended as aforefaid ; or unlefs the faid Infurance Money fhall be in that Time fettled and difpofed of to and amongft all the contending Parties, to the Satisfaction and Approbation of fuch Governors or Directors of fuch Infurance Offices reflectively. XI. And be it further enafied by the Authority aforefaid, That no Order which fhall be made by Orders o'f.JuiHces not any Juftice or Juftices of the Peace, by virtue of or under this Aft, or any other Proceedings to be liable-to.bc Rafted for had touching the Conviction or Convictions of any Offender or Offenders againft this Act, fhall be wantofF "™. qualhed or vacated for Want of Form only, or be removed or removeable by Certiorari, or any other r° r -° be . removed ^ Writ or Procefs whatfoever, into any of his Majefty's Courts of Record at Wejlminjler. " ? ^' XII. And be it further enacted by the Authority aforefaid, That if any A&ion fhall be brou°ht, limitation of Aftion* or Suit commenced, againft any Perfon or Perfons, for any Thing done in purfuance of this Act, fuch Action or Suit ihall be laid or brought within fix Months next after the Fa& done, and not afterwards ; and fhall be laid or brought in the County or Place where the Fact was committed, and not elfewhere; and the Defendant or Defendants in fuch Adion may plead the General iffue, and General Iffi.e, give this Act and the Special Matter in Evidence, at any Trial to be had thereupon, and that the fame was done in purfuance and by Authority of this A& : And if the fame fhall appear to have been fo done, or if any Adion or Suit flrall not be brought within the Time before limited, or (hall be brought m any other County or Place than as aforefaid, then the Jury fhall find for the Defendant or Defendants ; or if the Plaintiff or Plaintiffs fhall become nonfuited, or fuffer a Discontinuance of his, her, or their A&ion or Actions ; or if a Verdict fhall pafs againft the Plaintiff or Plaintiffs ; or if upon Demurrer, Judgment fhall be given againft the Plaintiff or Plaintiffs ; the faid Defendant or Defendants fhall have treble Cofts, and fhall have fuch Remedy for- recovering the fame as any De- t v r i fendant or Defendants hath or have, for Cofts, in any other Cafes by Law. ' XIII. Provided always, and be it enafted by the Authority aforefaid, That in all Cafes where anv P, „ : , 5 . ., Party Wall within the laid City or Liberty ot Wejlminjler, and the Parifhes, Precincts, and Limits fK&WS ¥ or t. £' {ha, 1! ' b - v vlrtue Gf lhe faid recited Aft of the eleventh Year of his Majefty King George in pu.-fuance.of the re-' the rirft, and of this prefent Aft, be pulled down and rebuilt, agreeable to the Directions of this dtctl Aa « prefent A&, by the Owner or Occupier of one of the adjoining Houfes, the Expence of fuch Party c ? b ^ ! efHn,:Jte ' 1 bct «:"" Wall fhaU be eftimated and computed at and after the Rate of fix Pounds and ten Shillings per Rod ; $ $%&£■$?$& anv thing in the faid foimer A6t to the contrary thereof in any wife notwithftanding. P"* ",, A ., XI Y- P r0 o vld ,ed alio, and be it enafted by the Authority aforef id, That in all Cafes where anv ,1a ; i-i ►>, c Party Wall fhall be erected or built, agreeable to the Directions of this prefent Act, in execution of bl^^tSr-oftSS ■ any Lontract or Contra&s entered into with the Builder or Workman before the firlt Day of July Aft. one thoufand feven hundred and fixty-four, the Expence of fuch Party Wail fhall be eftimated and computed at and after the Rate of fix Pounds and ten Shillings per Rod ; any thing in fuch Contract or Contracts to the contrary thereof in any wife notwithftanding, XV.