Preamble.

CAP. XIII.

An alt for granting to his Majefty a certain fum of money out of the finking fund, for the fervice of the year one thousand feven hundred and fixty four; and for preventing, in certain cafes, the obtaining of allowances in respect of the leakage of wines imported into this kingdom; and for making forth duplicates of Exchequer bills, tickets, certificates, receipts, annuity orders, and other orders, loft, burnt, or otherwise destroyed.

Moft gracious Sovereign,

WE

E, your Majefty's moft dutiful and loyal fubjects, the commons of Great Britain, in parliament assembled, towards raising the neceffary fupplies which we have chearfully granted to your Majefly, in this feffion of parliament, have refolved to give and grant to your Majefty the fum herein after mentioned; and do therefore most humbly befeech your Majefty, that it may be enacted; and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That

Towards raising the supplies granted, there may be iffued out of the fink-
ing fund a fum not exceeding 2,000,000 1.
Claufe of loan for raising
the aforefaid fum of 2,000,000 1.- Tallies of loan may be struck for the
fame. Orders to be registred, and paid in course. No fee to be paid for
regiftring, &c. Penalty of undue preference; how to be recovered.
It shall be deemed no undue preference, where tallies are dated, or brought
the fame day; nor if subsequent orders be paid before fuch as were
not demanded in course. Orders affignable toties quoties. -Com-
miffioners of the treasury, if they fhall think it more adviseable to raise
the faid fum, or any part thereof, by Exchequer bills, may make out any
number of new Exchequer bills for the fame, in like manner and form as
is prescribed by the malt act of this feffion.- - Claufes in the said act
relating to Exchequer bills, extended to those to be made out in pursu-
ance of this act.- -The faid bills, intereft, premium, and charges,
payable out of the finking fund. -The bank impowered to advance,
on the faid credit of loan, any fum or fums, not exceeding 2,000,000 1.
the act 5 & 6 W. & M. notwithstanding.
Claufe of relief for Ex-
chequer bills, lottery tickets, certificates, annuity orders, &c. loft, burnt,
or otherwise destroyed.

XI. And whereas by the eighth rule annexed to the book of rates referred to in the act of tonnage and poundage, paffed in the twelfth year of the reign of King Charles the Second, every merchant bringing in any fort of wines into this kingdom by way of merchandize, and making due entries thereof, is allowed twelve per cent, for leakage: and whereas it is of late years become a practice for feveral merchants to lodge Spanish, Portugal, and other wines at the islands of Guernsey and Jersey, and after they have filled up the cafks there, to import fuch wines into this kingdom, and demand the before mentioned allowances for leakage, notwithstanding the cafks are quite full; to the leffen

ing of his Majesty's revenue, and the prejudice of other merchants who import wines directly from the place of their growth: for remedy whereof, and in order to put all merchants upon a The former more equal footing; be it enacted by the authority aforefaid, allowance of That from and after the first day of May, one thousand feven for leakage 121. per cent. hundred and fixty four, no merchant shall be allowed twelve per upon wines centum, or have any allowance for leakage upon any wine im-imported, ported into this kingdom, unless fuch wine be imported directly taken off, with from the country or place of the growth of the faid wine, or the respect to all ufual port or place of its firft fhipping, except only Madeira fhall not be wines imported into this kingdom from any of the British co- imported dilonies or plantations in America, or from the East Indies; any rectly from the thing in the faid recited rule, or any law, cuftom, or ufage to place of their the contrary notwithstanding.

CAP. XIV.

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.

fuch wines as:

growth; Madeira wines excepted.

I.

HEREAS fo much of the act, paffed in the eleventh year Preamble, reof the reign of his late majesty King George the First, inti- citing claufe tuled, An act for the better regulating of buildings; and to pre- in act 11 Geo, vent mischiefs that may happen by fire within the weekly bills of mortality, and other places therein mentioned; as relates to pulling down or rebuilding of partitions or party walls, between house and houfe, is confined to cafes where one of the houfes is to be erected or built; and it may happen that party walls within the faid city and liberty of Westminster, and the parishes, precincts, and places comprifed within the weekly bills of mortality, and within the feveral parishes of Saint Mary Le Bone, and Paddington, and within the parishes of Chelfea, and Saint Pancras, or either of them, in the county of Middlefex (except the city of London, and the liberties thereof; and alfo, except houses on London Bridge, and on the river of Thames below bridge) may be fo far out of repair, as to render it necessary to pull down and rebuild the fame, although neither of the adjoining houses, to which fuch party walls belong, require to be rebuilt; and it may happen, that party walls, within the limits aforefaid, may be fo far defective and bad, by falling out of the perpendicular, as to become unfafe for the builder of the next adjoining boufe to rest timbers thereupon, or oblige fuch builder to run or place bis timbers quite through fuch defective party walls, in order to preferve their just lengths, whereby fire may be more readily communicated from houfe to houfe, contrary to the intent of the faid act: and whereas the workmen appointed, by virtue of the faid recited act, to examine party walls, are often equally divided in opinion about the neceffity of pulling down and rebuilding fuch party walls, whereby a certificate from the major part of fuch workmen, as by the faid recited act is required, cannot be obtained, and the purposes of the faid act, in many inftances, have been evaded; wherefore, may it therefore please your most excellent Majefty that it may be enacted;

and

So much of

as relates to

party walls within the city and liber. ty of Weft

and be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That fo much of the faid recited act as the recited act relates to party walls within the faid city and liberty of Weftminster, or any parish, precinct, or place, comprised within the weekly bills of mortality, or within the feveral parishes of Saint Mary le Bone and Paddington, or within the parishes of Chelsea, and Saint Pancras, or either of them, in the county of Middlefex (except the city of London, and the liberties thereof; and alfo, except the party walls of houfes on the river of Thames bewhere necef- low bridge) fhall, from and after the paffing of this present act, fary to pull extend, and be conftrued, deemed, and taken to extend, to all down and re- cafes whatsoever within the faid city and liberty of Westminster, build any party wall; whe- and the feveral parishes, precincts, and limits aforefaid, where ther either of it is or fhall be neceffary to pull down and rebuild any party the adjoining wall, whether either of the adjoining houfes fhall or shall not be, or require to be, rebuilt, or new built.

minster, &c.

extended to all cafes,

houses shall

be to be rebuilt or not.

Where a ma

jority of the

workmen,

appointed in purfuance of

the recited act to view

may name

II. And be it further enacted by the authority aforesaid, That from and after the paffing of this prefent act, in cafe the major part of the workmen appointed, in manner by the faid recited act prescribed, to view the party wall of any house or houfes within the faid city of Westminster, and the feveral parifhes, precincts, and limits aforefaid, intended to be pulled down, fhall not, within the space of one calendar month next any party wall after fuch appointment, fign a certificate in writing, as by the to be pulled faid act is required; then, and in every fuch cafe, it fhall and down, shall not fign a cer. may be lawful to and for any two or more of his Majesty's jutificate, as re- ftices of the peace for the city or county, refiding within or near quired, the parish, liberty, or precinct, where the house or houses, havTwo neighing fuch party wall or walls intended to be pulled down, fhall bouring juftand, and fuch two or more juftices are hereby authorized and ftices, upon application, required, upon application to them, for that purpose, made, by the owner or occupier of either of the houfes between which another, to be the party wall, fo propofed to be pulled down, fhall be, to name and appoint one other able workman, to be added to the workmen appointed by virtue or in pursuance of the faid recited act; and the workmen fo appointed by virtue and in pursuance of the faid former act, and of this prefent act, or the major part of them who fhall meet for that purpose (ten days notice having been given to, or left at the dwelling houfe of, each and every of them, of fuch intended meeting) thall view the party wall fo and the majo- propofed to be pulled down; and in cafe the major part of fuch rity then aworkmen, fhall certify in writing, under their hands, that such greeing in a report of fuch party wall is defective and bad, and ought to be pulled down, wall being de- then, and in fuch cafe, it fhall and may be lawful to and for the fective, the owner or occupier of either of the said adjoining houses, to caufe fuch party wall to be pulled down and rebuilt; and he or she fhall have fuch remedy for recovering a moiety of the expences thereof, as in and by the faid recited at is given or provided;

added to them;

fame may be pulled down

and rebuilt; and a moiety

of the expen

fubject

fubject nevertheless to fuch appeal to, and determination by, ces recovered; the juftices of the peace, as by the fame act is directed. accordingly.

And whereas it would tend greatly to prevent the fatal confe-
quences of fire fpreading and communicating to adjoining houses,
within the faid city, parifhes, precincts, and other the limits a
forefaid, if party walls between houfe and houfe, within the
fame, were to be made of greater thickness than is prescribed
by the act paffed in the seventh year of the reign of her late ma-
jefty Queen Anne, intituled, An act for making more effectual an A& 7 Annæ.
act made in the fixth year of her faid Majefty's reign, for the better
preventing of mischiefs that may happen by fire; and if no timbers,
except the timbers of the girders, binding joifts, and the templets
under the fame, were laid into the party walls; and if no tim-
bers of the roof be laid into fuch party walls (except the purloins
or kerb thereof) and if the ends of the girders or binding joists,
lying within the faid party walls, did not exceed one foot; and
if none of the ends of the girders or binding joifts, in adjoining
houses, met, or were laid oppofite to each other, and the fides
thereof were laid at least fourteen inches distant from each other;
and if there should be nine inches, at least, of solid brick-work
left at or between the ends of all lentils, wall plates, and bond
timbers, which may or fhall be laid in or upon the walls of
the fore and back fronts of all houses which fhall adjoin to each

other; be it therefore enacted by the authority aforefaid, That Thickness for
all party walls which, from and after the expiration of three the future of
calendar months next after the paffing of this act, fhall be erected party walls,
or built within the faid city or liberty of Westminster, and the pa- to the garret
in the cellar,
rishes, precincts, and limits aforefaid, fhall be two bricks and an floor, and
half thick at the leaft in the cellar, and two bricks thick upwards to from thence
the garret floor, and from thence one brick and an half thick at upwards; and
leaft eighteen inches above the roofs or gutters which adjoin to to be 18 inches
high above the
fuch party walls; and that the fame fhall be built of stone, or roofs.
of good found burnt bricks, and none other.

III. And be it further enacted by the authority aforefaid, No timbers to
That from and after the expiration of the said three calendar be laid into
months, no timbers, except the timbers of the girders, binding the party
walls, except
joifts, and the templets under the fame, fhall be laid into the what are here.
party walls erected or built, or to be erected or built, within in particularly
the faid city or liberty of Westminster, and the parishes, pre- allowed.
cincts, and limits aforefaid; and that no timbers of the roof Rules to be
be laid into fuch party walls (except the purloins or kerb there- obferved in
placing the
of) and that the ends of girders, and binding joists, lying with ends of the
in fuch party walls, fhall not exceed nine inches; and that girders, and
none of the ends of the girders, or binding joists, in adjoining joists;
houses, shall meet, or be laid oppofite to each other; and that
the fides thereof fhall be, at least, fourteen inches diftant from
each other; and that there shall be nine inches, at least of folid
lentils, wall
brick-work left at or between the ends of all lentils, wall plates, plates, and
and bond timber, which may or fhall be laid in or upon the bond timbers.
walls of the fore and back fronts of all houfes which fhall ad-
join to each other; and if any head builder, mafter bricklayer, Builder, &c.

or

not conform

ing to thefe directions,

to forfeit 501.

to be levied

fale;

or workman, fhall erect and build, or caufe to be erected and built, any party wall within the faid city and liberty of Weftminster, and the parishes, precincts, and limits aforefaid, contrary to the directions, true intent, and meaning of this act; or fhall ufe, in the building thereof, any bricks, other than or ufing bricks good found burnt bricks; or fhall lay any timber in any party not duly wall erected or built, or which fhall be erected or built, within burnt, or lay- the faid city or liberty of Westminster, and the parishes, preing timber in cincts, and limits aforefaid, contrary to the directions, true inparty walls otherwife than tent and meaning of this act; then fuch head builder, mafter prescribed, bricklayer, or workman, fhall, for every fuch offence, forfeit and pay the fum of fifty pounds, to be equally divided, one moiety thereof to the informer, and the other moiety to the poor of the parish where fuch building shall be; to be levied, by warby diftrefs and fant under the hands and feals of two or more of his Majefty's juftices of the peace, by distress and sale of the offenders goods, upon conviction upon oath of one or more credible witness or witneffes, or upon his or their own confeffion, rendring the and for want overplus (if any be) to the owner or owners; and, for want of of diftrefs of- fuch diftrefs, the offender fhall be imprisoned for the space of fender to be fix months, unless the faid penalty fhall be fooner paid, by war6 months; rant under the hands and feals of the faid two or more justices, who are hereby required and impowered to iffue fuch warrant or the penalty accordingly; or that it shall and may be lawful to and for all may be fued and every perfon and perfons whomfoever, to fue for and recovered in any ver all and every or any the aforefaid penalty and penalties, given the courts at or imposed by this act, by action of debt, bill, plaint, fuit, or inWestminster, formation, in any of his Majefty's courts of record at Westminfter, wherein no effoin, protection, privilege, or wager of law, or more than one imparlance, fhall be allowed; and that every the perfon and perfons, fuing or profecuting for any fuch penalty or penalties, thall, in all cafes where he or they fhall recover with double the fame in manner herein laft mentioned, be intitled to, and cofts. Application of fhall recover double cofts of fuit, over and above all and every the penalty. fuch penalty and penalties; and one moiety of every fuch penalty and penalties, when recovered, fhall be immediately paid, by the perfon or perfons recovering the fame, to the churchwardens or overfeers of the poor for the time being of the parish, liberty, or precinct, in which fuch penalty or penalties fhall arife, and for which fuch action fhall be commenced, for the use of the poor of fuch parifh, liberty, or precinct, and the other moiety thereof thall be for the use of the perfon or persons who fhall inform, fue for, and recover the fame.

committed for

for and reco

Rules to be

obferved with respect to hearths and chimnies;

and to timber buildings.

IV. And be it enacted by the authority aforefaid, That from and after the first day of July, one thoufand feven hundred and fixty four, no timber or timbers whatsoever shall be laid or placed under the hearth or hearths of any room or rooms, or within nine inches of any funnel or flew of any chimney or chimnies of any houfe or houfes within the limits aforefaid; and that no timber buildings whatsoever shall be built adjoining to any house or houses, so as the timbers thereof fhall be laid into the wall

of