Page:Ruffhead - The Statutes at Large - vol 9.djvu/200

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an j, Wi-ftmitifler, 150 C. 14. Anno quarto Georgii III. A. D. 1763. lobe levied byDifUcfs 'ng (liall be; to be levied, by Warrant under the Hands and Seals of two or more of his Majdly'* and Sale j Juftices of the Peace, by Diitrefs and Sale of the Offenders Goods, upon Conviction upon Oath of one or more credible Witnefs or Witnefles, or upon his or their own Confeflion, rendering the '■"ftrefs, the Offender ihall fooner paid, by Warrant _ _y required and impowered ot the I'cnaliy may be_ to jfliia-fuch Warrant accordingly; or that it fhall and may be lawful to and for all and every Perfon oTth" Comts' at '" an< ^ Perfons whomfoever, to fue for and recover all and every or any the aforefaid Penalty and Penal- ties, given or impofed by this Act, by Action of Debt, Bill, Plaint, Suit or Information, in any of his Majefty's Courts of Record at JVe/lmhiJler, wherein no Eflbin, Protection, Privilege or Wager of Law, or more than one Imparlance, fhall be allowed; and that every the Perfon and Perfons, filing or profecuting for any fuch Penalty or Penalties, fhall, in all Cafes where he or they {hall recover »tthioubkCof.s the f ame; n manner herein laft mentioned, be intitled to and {hall recover double Cofts of Suit, over /■H'litaitcnof the Fe- an( ] a bove all and every fuch Penalty and Penalties; and one Moiety of every fuch Penalty and Pe- n -?• nalties, 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 Parifh, Liberty or Precinct, in which :fuch Penalty or Penalties fhall arife, and for which fuch Action ihall be commenced, .for the Ufe of the Poor of fuch Parifh, Liberty or Precinct, and the other Moiety thereof fhall be for the Ufe of the Perfon or Perfons who fhall inform, fue for, and recover the fame, liute to be obfen-ed V. And be it enacted by the Authority aforefaid, That from and after the firft Day of July one with refijcn to Healths tnou j- an j /- even hundred and fixty-four, no Timber or Timbers whatfoever ihall be laid or placed and ftr, mines under the Hearth or Hearths of any Room or Rooms, or within nine Inches of any Funnel or Flew of any Chimney or Chimneys of any Houfe or Houfes within the Limits aforefaid; and that no Tim- snd to Timber Build- ber Buildings whatfoever fhall be built adjoining to any Houfe or Houfes, fo as the Timbers thereof " lgs- ihall be laid into the Wall of any fuch Houfe or Houfes already built, or hereafter to be built, within Penalty of not conform- the Limits aforefaid, under the Penalty of fifty Pounds; to be recovered, levied and applied, againft jug thereto, 50 1. 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 reco- vered, levied. and applied. Party Walls not to be y£ j^ n £ be j t f urt her enacted by the Authority aforefaid, That after any Party Wall or Party adUning°BuiTdTn et' ™& fhall be erected or built purfuant to the Directions of this Ad, no Perfon or Perfons whatfo- ever, who fhall build againft fiich Party Wall or Party Walls, fhall, on any Pretence whatfoever, cut into or wound the fame, for the Conveniency of making a Chimney or Chimnies, or for any nor other Timbers to be ther Purpofe whatfoever; nor fhall lay into the fame any other Timbers than are allowed by this Aet laid therein, than is to b e ^y mto new p ar ty Walls, under the Penalty of fifty Pounds, to be recovered againft the Party here allowed, on Penalty or p erfon offendingi in the Manner herein before directed. _ ° * ' VII. And be it further enacted by the Authority aforefaid, That every Mafter Builder who fhal], -HoufeTto'^rfurveyed : a f [er the firft Day of July one thoufand feven hundred and fixty-four, erect or build any Houfe within the Limits above mentioned, fhall, within fourteen Days after the fame fhall be covered in, caufe the Surveyors to make Oath fame to be furveyed by one or more Surveyor or Surveyors; and fuch Surveyor or Surveyors fhall of the fame being built m ^ e Q a th, before one of his Majefty's Juftices of the Peace for the faid County of Middle/ex or Sdft&fc Aft ' Cit Y of IVefimnjter (which Oath fuch Juftice is hereby impowered and required to adminifter), that the fame hath been (to the beft of his or their Judgment and Belief) built and erected agreeable to Oath tobe filed with the the f eV eral Directions in this Act contained; which Affidavit fhall be filed with the Clerk of the Clerk of the Peacj : p ea ce for the faid County of Middle/ex, within ten Days after the making thereof; and the faid Clerk His Fee. of the Peace fhall, for his Trouble therein, be intitled to and receive the Sum- of one Shilling, and Builder not complying,, no mor.e : And if any Mafter Builder fhall make Default in the Premiues, by neglecting to caule fuch to fqj-feit sol. Survey 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 Sum 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. Pariihioners, &c. deem- VIII. And be it further enacted by the Authority aforefaid, That the Parifhioners and 1 Inhabitants ej competent -Witnefles. Q £ t j^ e p a rifh, Liberty or Precinct, where any Offence againft this Act fhall be committed (except Perfons receiving Alms) fhall be admitted and allowed fo be competent Witnefles, notwithftanding his, her, or their being a Parifhioner or Parifhioners, Inhabitant or Inhabitants, in fuch Parifh, Li- .berty or Precinct. IX. ; And whereas fome Part or Parts of Houfes already pulled down, or that fhall 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 Brick or Stone, cannot be ef- ' fe£tually built upon the old Foundations, perpendicular quite through all the Stories, in order ' to> prevent Mifchiefs by Fire, without pulling down fome Part or Parts of the one, and laying the .. fame to the other, :' For, preventing Difputes thereupon, or determining any fubfifting Difputes, ftfgutea about,D'amage, j3e.it enacted by the A-Uthority aforefaid, That in all Cafes where any Difpute or Controversy hath arifen, by erc'aing new perpen-' or {j la u arife, between the Owner or Owners of any Houfe or Houfes already pulled down, or that fhall be dicuhi Party Walls upon pll ij ea ^ own m ordertobe rebuilt, and the Owner or Owners of any Houfe adjoining on either Side to fuch where ParHfthTad- Houfe or Houfes, within the faid City or Liberty of IVcfiminfier, aadthe Parifhes, Precis, and Limits joining Houfes iwermix,,aforefaid, concerning any Part or Parts thereof intermixed over -or, under each other, in fuch manner that