Page:Ruffhead - The Statutes at Large - vol 5.djvu/591

A. D. 1724. - Anno tmdecimo Georgii Regis. C. 28. 545 and every Houfe and Houfes, that fhall be erected and built, either upon old or new Foundations in any Place or Places in and about the Cities of London and Wiejiminfter, or other Parifb.es or Places com- prized within the weekly Bills of Mortality, fhall have Party-Walls between Houfe and Houfe wholly of Brick or Stone, and of two Bricks thick at the leaft in the Cellar and Ground Stories, and thirteen Inches thick upwards from the Foundation quite through all the Stories of each Houfe, and eighteen Inches above the Roof, and that no Mundillion or Cornifn of Timber or Wood under the Eves fhall thereafter be made or fuffered in any fuch new Houfe or Houfes, but that all Front and Rear Walls of every Houfe and Houfes fhall be built of Brick or Stone, to be carried two Foot and a Half above the Garret Floor, and coped with Stone or Brick, under the Penalty therein mentioned : And whereas by 7 Anna?, c. 17. another Act made in the feventh Year of the Reign of her laid late Majefty (for making more effectual the faid Aft) it is, amongft other Things enacted, That from and after the firft Day of May one thou- fand' feven hundred and nine, all and every Houfe and Houfes that fhall be erected and built, either upon old or new P'oundations, in any Place or Places in and about the Cities of London and Wejhnijier, or other Parifb.es or Places comprized within the weekly Bills of Mortality (except Houfes on London- Bridge, and on the River of Thames below Bridge,) fhall have Party-Walls between Houfe and Houfe, wholly of Brick or Stone (except Door-Cafes, Windows, Lentils, Breaft-Summers, Story-Pofts and Plates) of two Bricks thick at leaft 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 Gable-Ends : And for preventing Suits 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, Stone or Timber, and that the firft Builder fhall have Power to pull down the fame, and build up the new Par- ty-Wall as aforefaid, and be paid by the Owner of the next Houfe after the Rate of five Pounds per Rod, as foon as he fhall have built the faid Party-Wall ; and for all Houfes 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 Dif- cretion of the Builders ; provided, That all Party- Walls for the fame be built with Brick : And whereas divers Doubts and Difputes have arifen upon the faid recited Acts touching the Power of the firft Builder to enter into the next adjoining Houfe to fliore and fupport the fame, and at whofe Expence, during the Time the Party-Wall fhall be pulling down and rebuilding, as alfo touching what Propor- tions of the Charges of building Party- Walls ought to be born by the Owners and Occupiers of Houfes, having different Interefls therein, and other Doubts and Difficulties arifing upon the faid Acts, it is ne- ceffary to explain and amend the fame, and to make the filid Acts more effectual,' May it therefore 6 Anns, c. 37. pleafe your Majefty that it may be enacted, and be it enacted by the King's moft Excellent Majefty, 7 Anna; > c -i7' by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this pre- fent Parliament affembled, and by the Authority of the fame, That from and after the twenty-fourth Day of June one thoufand feven hundred and twenty-five, all and every Perfon or Perfons who fhall erect BuilJers pulling or build, or caufe to be erected or built, any Houfe or Houfes upon any old or new Foundation or Foun- dow ' w ! ] f 2 " : ' t '" dations, in any Place or Places in and about the Cities of London and JVeftminfter, or any Parifh or Place Notice to the' 6 comprized within the weekly Bills of Mortality, or within the Parifh of Saint Marylabone and Padding- adjoining Houfe, ton, or within the Parifhes of Chelfea and Saint Pancras or either of them, in the County of Middiefex, (except Houfes on London-Bridge and on the River of Thames below Bridge,) and who fhall think it ne- ceffary to pull down any Partition- Wall between fuch Houfe and the next adjoining Houfe, fhall (in cafe the Owner or Occupier of fuch adjoining Houfe will not, or by Difability cannot agree,) give three Months Notice in Writing to the Owner or Occupier of fuch adjoining Houfe, 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 before fuch Party- Wall fhall be pulled down, the fame may, within the Space of one Month next after fuch To be viewed by Notice, be viewed by four or more able Workman, two or more of which Workman fhall be named by lou! Workmen, fuch firft Builder, and the other two or more by the Owner or Tenant or Occupier of fuch next Houfe to that which is intended to be pulled down ; and in cafe either of the faid Parties fhall refufe or neglect to name within three Weeks (next after fuch Notice) fuch Workmen, that then the other of the faid Par- ties fhall name four or more Workmen, who fhall view the Party-Wall intended to be pulled down, and (without Confent) the fame fhall not be pulled down, unlefs in any of the Cafes aforefaid, the major Part 'Workmen to of fuch Workmen fhall certify in Writing under their Hands, to the Juftices of the Peace in the next Ge- certify to Quar- neral or Quartcr-Seffions of the Peace to be holden for the City or County, where fuch Party-Wall is j«- scions the intended to be pulled down, that fuch Party-Wall is defective and ruinours, and ought to be pulled down; e ei " ' and in cafe any Perfon or Perfons fhall think him, her or themfelves aggrieved by any fuch Certificate, fuch Juftices fhall upon Complaint to them made, fummon before them one or more of fuch 'Workmen, and fuch other Perfon orPerfons as they fhall think fit, and fhall examine the Matter upon Oath (which Oath or Oaths they are hereby impowered to adminifter) and upon fuch Examination or Examinations the faid Juftices are hereby authorized and required to make fuch Order or Orders in the PremifTes, as they in their Difcretions fhall think to be juft and reafonable, and the Determinations of the faid Juftices fhall be final and conclufive to all Parties without any Appeal from the fame. II. And be it further enacted by the Authority aforefaid, That if within three Days after fuch Certifi- Ownerof the cate made by Workmen as aforefaid, a Copy thereof fhall be delivered to the Owner or Occupier of fuch next Houfe not next adjoining Houfe or left there, and there fhall be no Appeal from the fame within the Time aforefaid, fliorcing, firft in every fuch Cafe, if fuch Owner or Occupier fhall neglect or refufe to fhore and fupport his, her or Builder may, their Houfes within fix Days after' the Time allowed by this Act for Appeal as aforefaid, That then it fhall and may be lawful to and for fuch firft Builder or Builders, giving Notice as aforefaid, to enter into fuch Hcufe or Houfes (at all feafonable Times} with Workmen and Materials, to fhore and fupport the Vol. V. 4 A fame,