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Old party-walls when decayed, may be rebuilt;

attend, and such witness or witnesses shall not be compelled to give evidence before such further sum or sums (if any) as shall be so ordered shall be paid to them respectively. XXXVIII. And whereas it may happen that party-walls or party-arches or party fencewalls, built or to be built within the limits aforesaid, may be defective, or so and party-arches, far out of repair as to render it necessary to pull down and rebuild the same, or some part or parts thereof, as well when both or either of the adjoining houses or other buildings may not require to be rebuilt as when the said houses or buildings, or one of them, may require to be rebuilt; be it enacted by the authority aforesaid, that from and after the said twenty-fourth day of June every owner of any house or building within the limits aforesaid who shall think it necessary to repair, pull down, or rebuild any party-wall or party fence-wall, or any part or parts thereof, between any such house or building, or the ground thereto adjoining, and the next adjoining house or building or the the proprietors pulling down

such party-walls

or party-arches giving three

months' notice.

ground thereto adjoining, shall (in case the owner or owners of such adjoining house, building, or ground will not, or by reason of any legal disability or otherwise cannot, agree touching the repairing or pulling down or rebuilding the same,) give three months' notice in writing to the owner, if he is known and can be met with, or if such owner or owners be under coverture, to her or their husbands respectively, or if under the disability of infancy, idiotcy, or lunacy, to the guardian or guardians, trustee or trustees, committee or committees of such infant, idiot, or lunatic respectively, or otherwise to the occupier of such adjoining house, building, or ground, of such his or her intention to repair or pull down such party-wall, party-arch, or party fencewall, or any part thereof, by delivering a copy of such notice to such owner or occupier or other person or persons as aforesaid, or by leaving the same at his, her, or their last or usual place of abode, or if such adjoining house or building be unoccupied, by fixing a copy of such notice on the door of such last-mentioned house or building; which notice shall be in the form or to the effect following:

giving notice. 66

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"APPREHENDING the party-wall, party-arch, or party fence-wall, or some part thereof, (as The form of "the case shall be,) between the house or building or ground (as the case shall be) thereto adjoining, situate inhabited or occupied by "and my house or building or ground (as the case shall be) adjoining thereto, to be so far "out of repair as to render it necessary to repair or pull down and rebuild the same, "or some part thereof: take notice, that I intend to have the said party-wall, party-arch, "or party fence-wall (as the case shall be) surveyed, pursuant to an Act of Parliament "made in the fourteenth year of the reign of King George the Third; and that I have " appointed , my surveyors to meet at (being at some place within the limits aforesaid) on my behalf, next, at of the clock in the of the same day (being

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"between the hours of six in the morning and six in the afternoon); and I do hereby "require and call upon you to appoint two other surveyors or able workmen on your part "to meet them at the time and place aforesaid to view the said party-wall, party-arch, or "party fence-wall, (as the case shall be,) and to certify the state and condition thereof, and "whether the same or any part thereof ought to be repaired or pulled down and rebuilt. "Dated this day of

appointed to view party-walls

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And every such owner, if he is known and can be met with, or in case such owner be Surveyors to be under any disability as aforesaid, then such person or persons as aforesaid to whom such notice shall be so given, or otherwise the occupier to whom such and party-arches. notice shall be so given, shall appoint two surveyors or able workmen to meet at the time and place in such notice mentioned; and they, together with the two surveyors or workmen named by the party giving such notice, and whose names shall be expressed in such notice, may view such party-wall, party-arch, or party fence-wall, and certify the state and condition thereof, and whether the same or any part thereof ought to be repaired or pulled down and rebuilt; and such surveyors so respectively named as aforesaid, or in case the owner or occupier of such adjoining house or building, or such other persons as aforesaid having notice as aforesaid, shall refuse or neglect to name such two surveyors or able workmen according to such notice, then the two surveyors or workmen named in such notice, together with two other surveyors or able workmen also to be named by the party giving such notice as aforesaid, shall and may, within six days after the time appointed in such notice, view the party-wall, party-arch, or party fence-wall intended to be repaired or pulled down, and shall certify in writing under their hands to the said court of mayor and aldermen, or to the said justices of the peace in their next general or quarter sessions of the peace respectively, (as the case may be,) the state and condition of such party-wall, partyarch, or party fence-wall, and whether the same or any part thereof ought to be repaired or If the major part pulled down and rebuilt; and in case the major part of the surveyors or workmen appointed in manner aforesaid to view such party-wall, party-arch, or party fence-wall so intended to be repaired or pulled down shall not, within the space of one month next after such appointment, sign such certificate in writing, then and in every such case it shall and may be lawful to and for any

of the surveyors do not certify

within one month, another

surveyor to be named by a justice.

Walls being cer. veyors to be

be delivered to

in three days.

themselves

general quarter

one or more of His Majesty's justices of the peace for the said city of London, or county of Middlesex or Surrey, or city and liberty of Westminster, or liberty of His Majesty's Tower of London, (as the case shall be,) and such one or more justice or justices is and are hereby authorised and required, upon application to him or them for that purpose by the party giving such notice as aforesaid, to name and appoint one other able surveyor or workman to be added to the surveyors or workmen appointed as aforesaid; and all the said surveyors or workmen so appointed, or the major part of them, shall meet for that purpose, (six days' notice having been given to or left at the dwelling-house of each and every of them of such intended meeting,) and shall view the party-wall, party-arch, or party fence-wall so proposed to be repaired or pulled down; and in case the major part of such surveyors or workmen appointed in manner aforesaid shall tified by the surcertify in writing under their hands that the party-wall, party-arch, or party ruinous, a copy of fence-wall described in such notice, or any part thereof, is decayed and the certificate to ruinous, or is not sufficiently secure against fire if any should happen, and the owners, &c. that the same ought to be repaired or pulled down, then, within three days next after such certificate made by such major part of the said surveyors or workmen as aforesaid, a copy thereof shall a delivered to the owner or occupier, owners or occupiers of or left at such adjoining house or building, or fixed on the door thereof in case the same be unoccupied; and such certificate shall be immediately filed with the clerk of the peace in the city, county, or liberty where such wall or arch is situate, paying such clerk one shilling for filing thereof, and no more; and such last-mentioned owner or Owners thinking occupier, owners or occupiers, shall and may (if he, she, or they think fit) aggrieved may appeal from or against such certificate to the next general or quarter sessions appeal to the to be holden for the city, county, or place (as the case may be); and the sessions; justices at the said general or quarter sessions to which such appeals shall be made shall summon before them one or more of such surveyors or workmen, and such other person or persons as they think fit, and shall examine the matter upon oath, which oath or oaths they are hereby empowered to administer, and upon such examination or examinations the said justices are hereby authorised and required to make such order or orders in the premises as they in their discretions shall think to be just and reasonable; which order or orders shall be entered and filed of record by the clerk of the peace for the city, county, or place (as the case may be) in like manner as the judgments of any courts of sessions concerning intermixed property are herein-before directed to be entered and filed of record; and the determination of the said justices shall be final and conclusive to all parties, whose determinwithout any appeal from the same; and on default of appealing to such next general or quarter sessions as aforesaid, or if upon any appeal there be no order made to the contrary, then and in every such case, and not otherwise, it shall be lawful for the party intending to repair or pull down and rebuild such party-wall, party-arch, or party fence-wall as aforesaid, after the expiration of fourteen days after delivering or leaving the copy of such certificate as aforesaid, or after the determination of such appeal as aforesaid, to cause such party-wall, party-arch, or party fence-wall, or any parts thereof, to be repaired or pulled down, and to have and exercise the like power of entry into or upon the adjoining house or houses, building or buildings, or of breaking open the same, in the presence of a peace officer, in case the same be unoccupied or be refused to be opened, and of removing wainscot, shelves, furniture, and other things, and of shoring up the said adjoining house or houses, building or buildings, as is given or allowed to the owners of intermixed houses or buildings in and by this act, and shall and may erect and build a new party-wall or party-walls, party-arch or party-arches, or any part or parts thereof, of such materials, and of such thickness and height, and in such manner and subject to such restrictions and directions, as are in and by this act prescribed.

final.

an shall be Powers of parties intending to default of appeal.

repair, &c. in

second, and third class shall give three months' notice in writing before pulling down old party

of the first,

walls.

XXXIX. And whereas several old houses and other buildings of the first, second, and third rate or class of building within the limits aforesaid have, instead of owners of houses party-walls of the respective thicknesses herein-before directed for the same between such houses or other buildings and the adjoining houses or buildings, party-walls not being of greater thickness than one brick and an half in length, or thirteen inches, from the foundation to the ground floor thereof, or than one brick in length, or eight inches and an half, from thence to the coping thereof: And whereas disputes may arise concerning the pulling down such old partywalls, and concerning the building party-walls agreeable to the rules and directions herein contained in the place and stead of such old party-walls, whenever the owner or owners of any or either of the houses or buildings adjoining to any such party-walls may be desirous to rebuild any such house, or rebuild any such house or building, of the first, second, or third rate or class of building, or so much thereof as may subject the same, or the partywalls thereto, to the rules and regulations contained in this act; be it enacted by the authority aforesaid, that if the owner or owners of any house or building of the first, second, or third rate or class of building, to which any such old party-wall belongs, shall

be desirous of pulling down and rebuilding such house or building, or so much thereof as aforesaid, and of such his, her, or their desire shall give three months' notice in writing to the owner or owners, occupier or occupiers of the next adjoining house or building, of his, her, or their intention, in three months from the date thereof, to pull down such partywall, and instead thereof to build a party-wall agreeable to this act of parliament, then and in that case, from and after the expiration of the three months expressed in such notice, it shall be lawful for the owner of such house or building so intended to be rebuilt to pull down the said party-wall, and to have and exercise the like power of entering into and upon the said adjoining house or building, or of breaking open the same, in the presence of a peace officer, in case the same be unoccupied or be refused to be opened, and of removing any wainscot, shelves, furniture, or other things, and of shoring up the said adjoining house or building, as by this act is given and allowed to the owners of intermixed houses or buildings, and shall and may, in the place and stead of every such old party-wall, build a new party-wall of such materials, thickness, and height, and in such manner and subject to such restrictions and directions, as are in and by this act prescribed.

Owners of houses

of wood may give three months, notice to owners

of adjoining houses of their design to pull

down the same, &c.;

XL. And whereas several old houses or other buildings within the limits aforesaid have, instead of a party-wall between such house or other building, or between such having partitions houses or other buildings and the houses or other buildings and ground adjoining thereto, one timber or wood partition, or two old timber or wood partitions, with or without brick nogging, in one or more of the stories thereof, one belonging to each house or other building: And whereas disputes may arise concerning the pulling down such partitions, and the wall or walls under or over the same, if any such there be, and concerning the building party-walls, agreeable to the rules and directions herein contained, in the place and stead of such partition or fence, whenever it may be expedient to rebuild any such house or building, or so much thereof as may subject the same, and the partitions abutting on the same, to the rules and regulations contained in this act; be it enacted by the authority aforesaid, that if the owner or owners of any house or building to which any such timber or wood partition or partitions or wooden fence belongs shall be desirous of pulling down and rebuilding such house or building, or so much thereof as aforesaid, and of such his, her, or their desire shall give three months' notice to the owner or owners, occupier or occupiers of the next adjoining house or building, of his, her, or their intention to pull down such timber or wood partition or partitions after the end of three months after the date of such notice, and instead thereof to build a party-wall or party

And afterwards may pull down the said par. titions, remove

furniture, &c. as before directed.

walls agreeable to this act of parliament, then and in that case, from and after the expiration of the three months expressed in such notice, it shall be lawful for the owner of such house or building so to be rebuilt to pull down the said partition or partitions, and the wall or walls under or over the same, if any such there be, and the said wooden fence or fences, and to have and exercise the like power of entry into and upon the said adjoining house or building and ground, or of breaking open the same, in the presence of a peace officer, in case the same be unoccupied or be refused to be opened, and of removing any wainscot, shelves, furniture, or other things, and of shoring up the said adjoining house or building, as by this act is given and allowed to the owners of intermixed houses or buildings, and shall and may, in the place and stead of such partition or partitions, and of the wall or walls under or over the same, if any such there be, or of such wooden fence or fences, build a new party-wall or party-walls of such materials, thickness, and height, and in such manner and subject to such restrictions and directions, as are in and by this act prescribed.

How owners are

to be reimbursed

part of their expense, and in

who have built party-walls.

XLI. And be it further enacted by the authority aforesaid, that the person or persons at whose expense any party-wall or party-arch shall be built agreeably to the directions of this act shall be reimbursed by the owner or owners who shall be entitled to the improved rent of the adjoining building or ground, and who what proportion, shall at any time make use of such party-wall or party-arch, a part of the exsaid partitions or pense of building the same, in the proportion after mentioned; (that is to say,) if the adjoining building then erected or afterwards to be erected be of the same rate or class of building as or superior to the building belonging to the person or persons at whose expense the said party-wall was built, then the owner or occupier of such adjoining building or ground shall pay one moiety of the expense of building so much of the said party-wall or party-arch as such owner or occupier shall make use of; and if the adjoining building then erected or afterwards to be erected be of an inferior rate or class of building, then the owner or occupier of such adjoining building or ground shall pay a sum of money equal to one moiety of the expense of building a party-wall or party-arch of the thickness by this act required for the rate or class of building whereof such adjoining building shall be, and of the height and breadth of so much of the said party-wall or Until payment of party-arch as such owner or occupier shall make use of; and in the meanexpense the pro- time, and until such moiety or other proportional part of the expense of

perty of the

in the

building such party-wall or party-arch be so paid, the sole property of such party wall, &c. whole party-wall or party-arch, and of the whole ground whereon the said builder. party-wall shall stand, shall be vested entirely in the person or persons at whose expense the same shall be built; and such moiety or other proportional part of the expense of building such party-wall or party-arch shall be so paid to the person or persons at whose expense the same shall be built, or in whom the property thereof shall be vested, at the times herein-after mentioned; (that is to say,) in respect of every such party- When a proporwall to any house or building whereunto, at the time of building the same, no tional part is to be paid. other house or building was adjoining, so soon as such party-wall shall be first cut into or made use of, and in respect of every such party-wall or party-arch as shall be built against or adjoining to any other house or building, so soon as such partywall or party-arch shall be completely built and finished; and in respect of such lastmentioned party-wall or party-arch the owner or occupier of such adjoining house or building shall, together with such proportional part of the expense of building such partywall or party-arch, also pay a like proportional part of all other expenses which shall be necessary to the pulling down the old party-wall or timber or wood partition, and the whole of all the reasonable expenses of shoring up such adjoining house or building, and of removing any goods, furniture, or other things, and of pulling down any wainscot or partition, and also all such costs, if any, as may have been awarded by the said court of mayor and aldermen, or court of sessions as aforesaid, but not any part of the expense of pulling down and clearing away any such old party-wall or party-arch or old partition, if any such there was; and it is hereby directed that the expense of building such party- Rates for buildwall or party-arch shall be estimated after the rate of seven pounds fifteen ing of party-walls. shillings by the rod for the new brickwork, deducting thereout after the rate of twentyeight shillings by the rod for the materials (if any) of so much of the old wall or arch as did belong to such adjoining building or ground, and also after the rate of two-pence by the cubical foot for the materials (if any) of so much of the old timber partition as did belong to such adjoining building or ground; and that within ten days after Ten days after such party-wall or party-arch shall be so built, or so soon after as conveniently party wall is may be, such first builder or builders shall leave at such adjoining house or building a true account in writing of the number of rods in such party-wall or party-arch for which the owner or owners of such adjoining building or ground shall be liable to pay, and of the deduction which such owner or owners shall be entitled to make thereout on account of such materials, and also an account of such other expenses and costs as aforesaid, whereupon it shall be lawful for the tenant or occupier of such adjoining building or ground to pay one moiety, or such proportional part as aforesaid, to such first builder or builders for the same, and also for shoring and supporting such adjoining building as aforesaid, and for all such other expenses as are herein-before directed to be paid by the owner or owners of such adjoining building or ground, and to deduct the same out of the rent which shall become due from him or her to such owner or owners under whom he or she holds the same respectively, until he or she shall be reimbursed the same; and in case the same be not paid within How expense twenty-one days next after demand thereof, then the same shall and may be may be recovered. recovered, together with full costs of suit, of and from such owner or owners, by action of debt or on the case in any of His Majesty's courts of record at Westminster, wherein no essoign, protection, or wager of law, or more than one imparlance, shall be allowed; and if the plaintiff or plaintiffs in any such action shall, three calendar months at the least before the commencement thereof, give notice in writing to the person or persons against whom such action is intended to be brought, of his, her, or their intention to bring the same, or leave the same at his, her, or their last or usual place of abode, and shall in such notice specify the sum for which it is to be brought, and also annex to such notice a bill of the just and true particulars of the expenses and charges with which the intended defendant or defendants is or are to be charged, then such plaintiff or plaintiffs, if he, she, or they recover the full sum specified in such notice, shall also recover and be entitled to double costs of suit, and shall have and be entitled to the like remedies for recovery thereof as are usually given for costs in other cases of costs at law.

finished an

account to be
owner of adjoin-
what he is liable

left with the

ing buildings of

to pay.

If the plaintiff

before action
months' notice,

gives three

and recover his
whole charge, he

shall be entitled

to double costs.

required for the

building adjoin

XLII. And be it further enacted by the authority aforesaid, that every party wall hereafter to be built, and every addition which shall be made thereto, or to Party-walls shall any party-wall which is already built or begun, shall be built agreeable to the be such as are directions herein contained concerning the party-wall of the highest rate or highest rate of class of building to which such party-wall shall adjoin, when such additions ing, and not to be are completed; and that no party-wall now built or hereafter to be built, of less thickness; shall, after the same and the buildings adjoining thereto is and are completed, be raised, unless the same, when raised, be of the full thickness such party-wall is of in the story next under the roof of the highest adjoining building, nor shall any party-wall hereafter be raised unless the same can be done with safety to such wall and the several buildings

adjoining thereto; but all such party-walls as will when raised, be of the materials, may be raised by heights, and thicknesses herein-before required, or as can be safely raised,

the owner of one

side; and if the owner of the other side make

contribute to the

expense.

may, together with the shaft or shafts of the chimneys belonging thereto, be raised, by and at the expense of the proprietor or occupier of any builduse of it, he must ing to which the same belong, to any height he, she, or they shall think proper; but if the proprietor or occupier of any building adjoining to the said party-wall and chimney shafts shall make use of any part of such party-wall and chimney shaft, other than the use he makes of the chimney flues therein which shall be so raised, then such person so making use thereof for the part so used shall be chargeable with a proportionable share of the expense of raising such party-wall and chimney-shafts, and in computing such charge the same shall be rated in manner herein-before mentioned; and the proportion such person shall be liable to pay shall be recovered in such manner as is herein-before particularly declared concerning the first building of a party-wall.

XLIII. Provided always, that any party fence-wall now built or hereafter to be Regulations as to built may be raised by and at the expense of the proprietor or occupier of the party fence-walls. ground on either side adjoining thereto; but no party fence-wall shall hereafter be built upon or against or used as a party-wall, unless the same be of the materials, height, and thickness herein-before directed for party-walls to the rate or class of building so to be erected against or upon the same; and in case of the insufficiency of such wall for the purposes aforesaid, or if instead of such party fence-wall there be only a wooden fence, the proprietor or occupier of either of the adjoining premises shall be at liberty, at his own expense, to take down such wall or fence, and erect a new party-wall in lieu thereof, making good every damage that may accrue to the adjoining premises by such rebuilding, so nevertheless as that such new party-wall shall not extend on the surface of such adjoining ground more than seven inches beyond the centre line of such party fencewall or fence; but no proprietor or occupier of such adjoining premises shall make use of such party-wall, otherwise than as a party fence-wall, unless he, she, or they pay a proportionable share of the whole expense of erecting such parts of such wall, according to the use he, she, or they shall make of the same, at the rates aforesaid.

to lose any right of party-walls.

XLIV. Provided also, that in case any such party-wall shall extend further upon the First builder not ground of the party building the same than the party fence-wall did, yet the of soil on account party rebuilding the same shall not thereby lose any part of the soil whereon such party-wall shall be built, nor shall the owner or owners of the other part of such party-wall claim or be entitled to any right of soil more than what he was before entitled to.

If the fore and back fronts are taken down

within five years

it shall be

a rebuilding.

Thickness of

XLV. And be it enacted by the authority aforesaid, that if the fore-front and back-front of any building now built shall, after the said twenty-fourth day of June, be rebuilt as low as the bressummer or one pair of stairs floor, within the space of five years from each other, the party-walls of every such building shall from thenceforth be in all respects subject to the several regulations hereinbefore contained concerning the party-walls of houses to be built after the said twentyfourth day of June; and for the further prevention of fire, the back of every backs of chimneys chimney to be built, after the said twenty-fourth day of June, in any building not in party-walls. of the first rate or class of building, not being in a party-wall, shall be in the cellar story at least thirteen inches thick from the hearth to the height of twelve inches above the mantel, and shall be at least eight inches and an half thick from the hearth to the height of twelve inches above the mantel in every other story, except where any such chimney shall be built against a wall, in which case the back of every such chimney from the hearth to the height of twelve inches above the mantel may be half a brick thinner; and that the back of every chimney hereafter to be built in any building of the second, third, or fourth rate or class of building, not being in a party wall, shall be in every story at least eight inches and an half thick from the hearth to the height of twelve inches above the mantel, except where any such chimney shall be built against a wall, in which case the back of every such chimney from the hearth to the height of twelve inches above the

Breast of chimney not to be supported by timber.

hearth.

mantel may be half a brick thinner; and that there shall be no timber whatever over the opening of any chimney to be built after the time aforesaid for supporting the breast of such chimney, but there shall be an arch of brick or stone, or an iron bar or bars, over the opening of every such chimney, to support the breast Timber under the thereof; and that no timber shall, after the said time, be laid in any wall under the hearth of any chimney thereafter to be built, unless the same shall be in every part thereof which shall lie under such hearth eighteen inches at the least lower than the surface of such hearth; and that the hearth of every chimney to be built after the time aforesaid shall be laid wholly on brick or stone, except the same be in a cellar or ground story, and be laid and bedded on the solid earth; and every such chimney shall have a slab or slabs or foot paces before the same of tile, stone, marble, or iron, at least eighteen inches broad, and at least one foot longer than the opening of every such chimney when

Hearth must be

laid on brick or sfone, or on the ground.

Slabs before

hearths, and

brick trimmers under them.

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