of any fuch houfe or houfes already built, or hereafter to be Penalty of not built, within the limits aforefaid, under the penalty of fifty conforming, thereto, 501. pounds; to be recovered, levied, and applied, against the workman offending therein, or the inhabitant or perfon caufing fuch building to be erected or built, in like manner as any other penalty or forfeiture is, in and by this act, directed to be recovered, levied, and applied.

pur

into

V. And be it further enacted by the authority aforefaid, That Party walls after any party wall or party walls fhall be erected or built not to be cut fuant to the directions of this act, no perfon or perfons whatfo-tr wounded, by ever, who shall build against fuch party wall or party walls, adjoining fhall, on any pretence whatsoever, cut into or wound the fame, buildings, for the conveniency of making a chimney or chimnies, or for nor other any other purpose whatsoever: nor fhall lay into the fame any laid therein, other timbers than are allowed by this act to be laid into new than is here' party walls, under the penalty of fifty pounds, to be recovered allowed, against the party or perfon offending, in the manner herein be- on penalty of fore directed.

timbers to be

VI. And be it further enacted by the authority aforefaid, That Builders to every mafter builder who fhall, after the first day of July, one caule the thoufand feven hundred and fixty four, erect or build any houfe houfes to be furveyed : within the limits above mentioned, fhall, within fourteen days after the fame fhall be covered in, cause the fame to be furveyed by one or more furveyor or furveyors; and fuch furveyor or Surveyors to furveyors fhall make oath, before one of his Majefty's juftices make oath of of the peace for the faid county of Middlefex, or city of Weft- the fame beminster (which oath fuch juftice is hereby impowered and requir- cording to the ing built aced to adminifter) that the fame hath been (to the best of his or directions of their judgment and belief) built and erected agreeable to the fe- this act. veral directions in this act contained; which affidavit fhall be Oath to be filed with the clerk of the peace for the faid county of Middle-fied with the Sex, within ten days after the making thereof; and the said clerk peace : of the peace fhall, for his trouble therein, be intitled to and re- His fee. ceive the fum of one fhilling, and no more: and if any ma- Builder not fter builder shall make 'default in the premiffes, by neglecting complying, to forfeit sol. to caufe fuch furvey to be made, or fuch affidavit to be made and filed as aforefaid, fuch mafter builder fhall, for every fuch neglect or default, forfeit the fum of fifty pounds; to be recovered and applied in the fame manner, as any penalties or forfeitures are, by this act, directed to be recovered and applied.

clerk of the

witneffes.

VII. And be it further enacted by the authority aforefaid, Parishioners, That the parishioners and inhabitants of the parish, liberty, or &c. deemed precinct, where any offence against this act fhall be committed competent (except perfons receiving alms) fhall be admitted and allowed to be competent witneffes, notwithstanding his, her, or their being a parishioner or parishioners, inhabitant or inhabitants, in fuch parish, liberty, or precinct.

VIII. And whereas fome part or parts of houfes already pulled down, or that thall hereafter be pulled down, in order to be rebuilt, may be fo intermixed with adjoining houfes over or under each other, in fuch manner, that a party wall or party walls,

of

of brick or stone, cannot be effectually built upon the old foundations, perpendicular quite through all the ftories, in order to prevent mifchiefs by fire, without pulling down some part or parts of the one, and laying the fame to the other: for preventing difputes thereupon, or determining any fubfifting difDifputes about putes, be it enacted by the authority aforefaid, That in all cafes damage, by where any difpute or controverfy hath arifen, or fhall arife, beperpendicular tween the owner or owners of any houfe or houses already pulparty walls led down, or that fhall be pulled down in order to be rebuilt, upon the old and the owner or owners of any house adjoining on either fide foundations, to fuch houfe or houses, within the faid city or liberty of Westwhere parts of the adjoining minster, and the parishes, precincts, and limits aforefaid, conhoufes inter- cerning any part or parts thereof intermixed over or under each mix,

erecting new

are to be referred to the justices at

their quarter
feffions,
who are to

fummon a ju
ry to fix the

value;

and the order

made upon

fuch verdict.

Cafes, where in infurance offices may lay out the

other, in fuch manner that a party wall or party walls of brick or ftone cannot be effectually built upon the old foundations. perpendicular quite through all the ftories of the said 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 houses, 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, in the general or quarter feffions to be holden for the faid city and liberty of Westminster, or the county of Middlefex, and they are hereby authorized and required, upon application made to them by the perfon or perfons defirous to pull down or rebuild any house or houses as aforefaid, to examine into fuch difpute or controverfy, and afcertain the property, and fix the value, of what may be found neceffary to be wanted for erecting perpendicular party walls upon the old foundations as aforefaid; and for that purpose, to iffue their order to the fheriffs or bailiffs, or other proper officer of the city or county wherein any fuch difpute or controverfy hath arifen or fhall arife, to fummon a jury to view the premiffes, try the facts, and fix the value of any damages that may arife, on their verdict; and, upon fuch verdict, the faid juftices fhall and may, and are hereby authorized and required to make fuch order or orders in the faid premiffes as they, in their difcretions, fhall think to be just and reasonable; and the determinations of the faid juftices fhall be final and conclufive to all parties, without any appeal from the fame.

IX. And, for the better preventing mifchiefs that may happen by fire, and to deter and hinder ill-minded perfons from wilfully 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 families are loft; be it further enacted by the authority aforefaid, That it fhall and may be lawful to and for the refpective governors or directors of the feveral infurance offices, within the cities of London and infurance moWestminster, for infuring houses and other buildings against loffes by fire, and they are hereby authorized and required, upon the application and request of any perfon or perfons interested in, or intitled unto, any houfe or houfes, or other buildings, within

ney, towards
rebuilding,
&c. houfes
burnt, or
damnified by
fire.

the

the limits by this act prescribed, which hereafter shall or may be burnt down, demolished, or damnified by fire; or upon any grounds of fufpicion that the owner or owners, occupier or occupiers, or other perfon or perfons who fhall have infured fuch house or houses, or other buildings, have been guilty of fraud, or of wilfully fetting their house or houses, or other buildings, on fire; to cause the infurance money to be laid out and expended, as far as the fame will go, towards rebuilding, reinftating, or repairing fuch houfe or houfes, or other buildings, fo burnt down, demolished, or damnified by fire; unless the party or parties claiming fuch infurance money fhall, within fixty days next after fuch claim fhall be adjusted, give a fufficient fecurity to the governors or directors of the infurance office where fuch house or houses, or other buildings, are infured, that the fame infurance money fhall be fo laid out and expended as aforefaid; or unless the said insurance money fhall be in that time fettled' and difpofed of to and amongst all the contending parties, to the fatisfaction and approbation of fuch governors or directors of fuch insurance offices refpectively.

X. And be it further enacted by the authority aforefaid, Orders of juThat no order which fhall be made by any juftice or juftices of ftices not liathe peace, by virtue of or under this act, or any other proceed- bie to be ings to be had touching the conviction or convictions of any quafhed for offender or offenders against this act, shall be quashed or vacated want of form, for want of form only, or be removed or removeable by Certio- moved by rari, or any other writ or process whatsoever, into any of his Certiorari. Majefty's courts of record at Westminster.

nor to be re

XI. And be it further enacted by the authority aforefaid, That Limitation of“ if any action shall be brought, or fuit commenced, against any actions. perfon or perfons, for any thing done in purfuance of this act, fuch action or fuit fhall be laid or brought within fix months next after the fact 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 action may plead General issue. the general iffue, and give this act and the fpecial matter in evidence, at any trial to be had thereupon, and that the fame was done in pursuance and by authority of this act: and if the fame shall appear to have been so done, or if any action or suit shall not be brought within the time before limited, or fhall be brought in any other county or place than as aforefaid, then the jury fhall find for the defendant or defendants; or if the plaintiff or plaintiffs (hall become nonfuited, or fuffer a discontinuance of his, her, or their action or actions; or if a verdict fhall pass against the plaintiff or plaintiffs; or if, upon demurrer, judgment fhall be given against the plaintiff or plaintiffs; the faid defendant or defendants fhall have treble cofts, and fhall have fuch remedy for recovering the fame as any defendant or defendants hath or have, for costs, in any other cafes by law.

Treble cofts.

Expence of XII. Provided always, and be it enacted by the authority a party walls forefaid, That in all cafes where any party wall within the faid pulled down city or liberty of Westminster, and the parishes, precincts, and and rebuilt, in pursuance limits aforefaid, thall, by virtue of the faid recited act of the of the recited eleventh act,

to be eftimat

ed between

the parties, at the rate of

61. 10 s. per rod;

and in like

manner thofe

built in pur

fuance of this

act.

Back and fore

fronts of all

future build

eleventh year of his majesty King George the First, and of this prefent act, be pulled down and rebuilt, agreeable to the directions of this prefent act, by the owner or occupier of one of the adjoining houses, the expence of such party wall shall be eftimated and computed at and after the rate of fix pounds and ten fhillings per rod; any thing in the faid former act to the contrary thereof in any wife notwithstanding.

XIII. Provided alfo, and be it enacted by the authority aforefaid, That in all cafes where any party wall fhall be erected or built, agreeable to the directions of this present act, in execution. of any contract or contracts entered into with the builder or workman before the first day of July, one thousand seven hundred and fixty four, the expence of fuch party wall shall be eftimated and computed at and after the rate of fix pounds and ten fhillings per rod; any thing in fuch contract or contracts to the contrary thereof in any wife notwithstanding.

XIV. And be it further enacted by the authority aforefaid, That for the further and better preventing the fpreading of fires, ings to be of all houses or other buildings which, from and after the expiration ftone, or good of three calendar months next after the paffing of this act, shall brick, from be erected or built within the said city or liberty of Westminster, and the parishes, precincts, and limits aforefaid, fhall be built of ftone, or of good found hard well burnt bricks, and none other, both in the fore front, and back front thereof, from the breaft fummer upwards (and likewife the party wall thereof) and that fuch breaft fummer, in all fuch houfes or other buildings, fhall not be higher than the floor of the one pair of stairs.

the breaft fummer upwards, as alfo the party walls.

Height of the

breaft fummer.

Act 6 Annæ....XV. And whereas, by an act made in the fixth year of the reign of her late majesty Queen Anne, a reward of ten fhillings is to be paid to the turn cock belonging to any water work where water fhall be found on, or first come into, the main or pipe where the first plug fhall be opened at any fire; thirty fhillings to the firft engine keeper, who brings in any parish engine to help to extinguish any fire; twenty fhillings to the keeper of the fecond parish engine, that fhall be next brought to a fire; and to In cafes of the third, ten fhillings; by the churchwardens of the parish fire, the where fuch fire fhall happen; be it further enacted by the aukeepers of other large thority aforefaid, That in all cafes where any of the faid rewards engines are fhall be claimed, by reafon of any fire happening within the equally intit faid city of Westminster, or within the parishes, precincts, liberled with the ties, or places aforefaid, fuch rewards fhall be paid and payable parith engines to the rewards in the fame manner to the keeper of any other large engine granted by (though not a parish engine) who fhall bring in fuch engine in act 6 Anna. good order and complete, to help to extinguith fuch fire, in the fame manner as if fuch engine was a parish engine.

Publick act.

XVI. And it is hereby further enacted, That this act fhall be deemed, and taken to be a publick act, and fhall be judicially taken notice of as fuch by all judges, juftices, and all other perfons whatsoever, without fpecially pleading the fame.

CAP.

CAP. XV.

An act for granting certain duties in the British colonies and plantations in America; for continuing, amending, and making perpetual, an at paffed in the fixth year of the reign of his late majesty King George the Second, (intituled, An act for the better fecuring and encouraging the trade of his Majefty's fugar colonies in America ;) for applying the produce of fuch duties, and of the duties to arife by virtue of the faid act, towards defraying the expences of defending, protecting, and fecuring the faid colonies and plantations; for explaining an alt made in the twenty fifth year of the reign of King Charles the Second, (intituled, An act for the encouragement of the Greenland and Eaftland trades, and for the better fecuring the plantation trade;) and for altering and difallowing feveral drawbacks on exports from this kingdom, and more ef fectually preventing the clandeftine conveyance of goods to and from the faid colonies and plantations, and improving and fecuring the trade between the fame and Great Bri

tain.

HEREAS it is expedient that new provisions and regula- Preamble, tions fhould be eftablished for improving the revenue of this kingdom, and for extending and fecuring the navigation and commerce between Great Britain and your Majesty's dominions in America, which, by the peace, have been fo happily enlarged: and whereas it is juft and neceffary, that a revenue be raifed, in your Majesty's faid dominions in America, for defraying the expences of defending, protelling, and fecuring the fame; we, your Majesty's most dutiful and yal fubjects, the commons of Great Britain, in parliament affembled, being defirous to make fome provifion, in this prefent feffion of parliament, towards raifing the faid revenue in America, have reJolved to give and grant unto your Majefly the feveral rates and duties herein after-mentioned; and do moft humbly befeech your Majefty that it may be enacted; and be it enacted by the King's moft excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this present From and afparliament affembled, and by the authority of the fame, That ter 29 Sept. from and after the twenty ninth day of September, one thousand 1764, the folfeven hundred and fixty four, there fhall be raifed, levied, col- lowing rates lected, and paid, unto his Majefty, his heirs and fucceffors, for to take place and upon all white or clayed fugars of the produce or manufac- on the feveral ture of any colony or plantation in America, not under the do- fpecies of fominion of his Majefty, his heirs and fucceffors; for and upon here enumereign goods indico, and coffee of foreign produce or manufacture; for and rated, importupon all wines (except French wine ;) for and upon all wrought ed into any of lks, bengals, and ftuffs, mixed with filk or herba, of the ma- his Majefty's VOL. XXVI. nufacture plantations in America;

D