« ForrigeFortsett »
Limi against any person or persons for any penalty or forfeiture inflicted or in.imitation of - - - - - actions for curred by this act unless the same shall be commenced within six calendar penalties. months next after such forfeiture shall have been incurred. C. And be it further enacted by the authority aforesaid, that no action or suit shall be Limitation of commenced against any person or persons for any thing done in pursuance of ..": this act until twenty-one days after notice in writing of an intention to bring * * **, such action or suit has been given to the person or persons against whom such action or suit shall be brought, nor after the expiration of three calendar months next after the fact committed; and every such action or suit, the cause whereof shall arise within the said city of London or the liberties thereof, shall be laid and tried in the said city of London and not elsewhere, and every such action or suit, the cause whereof shall arise in any part of the limits aforesaid out of the said city of London and liberties thereof, shall be laid and tried in the county of Middlesex, and not elsewhere ; and the defendant or defendants in every such action or suit may plead the general issue, and give this act and the special matter in evidence, at any trial or trials to be had thereupon, and that the matter or thing for which such action or suit is brought was done in pursuance and by the authority of this act; and if the said matter or thing appear to have been so done, or if it appear that such action or suit was brought before the expiration of twenty-one days after such notice given as aforesaid, or that sufficient satisfaction was made or tendered before such action was brought, or if any such action or suit be not commenced within the time herein for that purpose limited, or be laid in any other county or place than as aforesaid, then the jury in every such action or suit shall find for the defendant or defendants therein; and if a verdict be found for the defendant or defendants, or if the plaintiff or plaintiffs in any such action or suit become nonsuited, or discontinue or suffer a discontinuance of any such action or suit, or if in any such action or suit judgment be given for the defendant or defendants therein on demurrer or by default or otherwise, then and in any of the cases aforesaid the defendant or defendants shall have judgment to recover treble costs of suit, and shall have such remedy for recovering the same as any defendant or defendants may have for costs in other cases by law. CI. And be it further enacted, that from and after the said twenty-fourth day of June, Roung tormer one thousand seven hundred and seventy-four, the said act passed in the twelfth oil, year of the reign of his present Majesty, intituled “An act for the better regu
ot, and the liberties thereof, and other the parishes, precincts, and places in the by fire, &c. weekly bills of mortality, the parishes of Saint Mary-le-bone and Paddington, Saint Pancras, and Saint Luke at Chelsea, in the county of Middlesex; and for the better preventing of mischiefs by fire within the said cities, liberties, parishes, precincts, and places; and for amending and reducing the laws relating thereto into one act; and for other purposes,” shall be and the same is hereby repealed ; but nevertheless so much of an act made in the nineteenth year of the reign of his late Majesty King Charles the Second, intituled “An act for rebuilding the city of London,” as relates to the regulating buildings and party-walls; and an act made in the sixth year of the reign of her late Majesty Queen Anne, intituled “An act for the better preventing mischiefs that may happen by fire;” also an act made in the seventh year of the reign of her said late Majesty, intituled “An act for making more effectual an act made in the sixth year of Her Majesty's reign, for the better preventing of mischiefs that may happen by fire; " also so much of an act made in the eleventh year of the reign of his late Majesty King George the First, intituled “An act for the better regulating of buildings, and to prevent mischiefs that may happen by fire, within the weekly bills of mortality, and other places therein mentioned,” as relates to regulating buildings and party-walls; also so much of an act made in the thirty-third year of the reign of his late Majesty King George the Second, (intituled “An act for widening certain streets, lanes, and passages within the city of London and liberties thereof, and for opening certain new streets and ways within the same, and for other purposes therein mentioned,") as relates to the regulating of buildings and partywalls, and preventing mischiefs that may happen by fire; also so much of an act made in
the fourth year of the reign of his present Majesty (intituled “An act for the better regulating of buildings, and to prevent mischiefs that may happen by fire, within the weekly bills of mortality, and other places therein mentioned,) as relates to the regulating of buildings and party-walls, and preventing mischiefs happening by fire; also so much of an act made in the sixth year of his present Majesty's reign, (intituled “An act to explain, amend, and render more effectual the powers of an act made in the thirty-third year of the reign of his late Majesty, intituled “An act for widening certain streets, lanes, and passages within the city of London and liberties thereof, and for opening certain new streets and ways within the same, and for other purposes therein mentioned,’”) as relates to the regulating of buildings and party-walls; also so much of another act made in the said sixth year of his present Majesty's reign
19 car. II. c. x.
6 Anne, c. 31.
7 Anne, c. 17.
4 G. I.I.I. c. 14
6 G. III. c. 27.
(intituled “An act to explain, amend, and render more effectual an act made in the fourth year of his present Majesty's reign for the better regulating of buildings, and to prevent mischiefs that may happen by fire, within the weekly bills of mortality, and other places therein mentioned,") as relates to the regulating of buildings and party-walls, and preventing mischiefs that may happen by fire, shall be and continue repealed.
CII. And be it further enacted by the authority aforesaid, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.
6 G. III. c. 37.
We here think it right to reprint another Act of Parliament, which has lately come into operation, and which, as it subjects builders to penalties for deviating from the method therein prescribed for building flues, is to them, as well as to the architect, of considerable importance. It is the 3 & 4 Vict. c. 85., being intituled
An Act for the regulation of chimney-sweepers and chimneys.
Whereas an act was passed in the fifth year of the reign of his late Majesty, intituled “An Act for the better regulation of chimney-sweepers and their apprentices, and 4 & 5 w. Iv. for the safer construction of chimneys and flues,” to continue in force until the * * first day of January in the year one thousand eight hundred and forty, and from thence until the end of the then next session of Parliament; be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the continuance of same, that the said act shall continue and remain in full force until the first ... " ". day of July in the year one thousand eight hundred and forty-two. II. And be it enacted, that from and after the first day of July in the year one thousand eight hundred and forty-two, any person who shall compel or knowingly allow Penalty forgom. any child or young person under the age of twenty-one years to ascend or de- or scend a chimney, or enter a flue, for the purpose of sweeping, cleaning, or coring **" the same, or for extinguishing fire therein, shall be liable to a penalty not more than ten pounds or less than five pounds. III. And be it enacted, that from and after the passing of this act it shall not be lawful to apprentice to any person using the trade or business of a chimney-sweeper No child under any child under the age of sixteen years, and that every indenture of such to:o apprenticeship which may be entered into after such date shall be null and o: void. IV. And be it enacted, that upon the application of any child apprenticed to any person using the trade or business of a chimney-sweeper, at any time after the first day amon, of July one thousand eight hundred and forty-one, and previously to the first or dio day of July one thousand eight hundred and forty-two, to any justice of the "" peace having jurisdiction where the master or mistress of such child shall reside, it shall be lawful for such justice to summon such master or mistress to appear, at a reasonable time to be named in the summons, not being sooner than seven days from the time of granting the summons, before any two justices having jurisdiction as aforesaid; and upon proof made upon oath, to the satisfaction of the justices by whom the case shall be heard, that such apprentice is desirous of being discharged from his or her apprenticeship, it shall be lawful for such justices forthwith to discharge such apprentice by warrant under their hands and seals, for which warrant no fees shall be paid; and no writ of certiorari or other process shall issue to remove any proceedings under this enactment into any of Her Majesty's superior courts of record in England or Ireland, or into the court of session in Scotland. V. And be it enacted, that from and after the first day of July one thou- Indontures of sand eight hundred and forty-two all existing indentures of apprenticeship to '...'...". the trade or business of a chimney-sweeper of any child who shall then be un-joo." der the age of sixteen years shall be null and void. VI. And whereas it is expedient, for the better security from accidents by fire or otherwise, the improved construction of chimneys and flues provided by the said act nounseen. be continued; be it enacted, that all withs and partitions between any chimney o or flue which at any time after the passing of this act shall be built or rebuilt shall be of brick or stone, and at least equal to half a brick in thickness; and every breastback and with or partition of any chimney or flue hereafter to be built or rebuilt shall be built of sound materials, and the joints of the work well filled in with good mortar or cement, and rendered or stuccoed within ; and also that every chimney or flue hereafter to be built or rebuilt in any wall, or of greater length than four feet out of the wall, not being a circular chimney or flue twelve inches in diameter, shall be in every section of the same not less than fourteen inches by nine inches; and no chimney or flue shall be constructed with any angle therein which shall be less obtuse than an angle of one hundred and twenty degrees, except as is herein-after excepted; and every salient or projecting angle in any chimney or flue shall be rounded off four inches at the least, upon pain of forfeiture, by every master builder or other master workman who shall make or cause to be made such chimney or flue, of any sum of not less than ten pounds nor exceeding fifty pounds: provided nevertheless, that notwithstanding this act chimneys or flues may be built at angles with each other of ninety degrees and more, such chimneys or flues having therein proper doors or openings not less than six inches square. VII. And be it enacted, that all convictions for penalties for any offence against this act no on may be had before two or more justices of the peace acting for the county, on may riding, city, borough, division, or place where the offence shall happen, or be... fore the sheriff or stewart of any county or stewartry in Scotland; and such o* * penalties, and the costs and charges attending the recovery thereof, shall be - levied by distress and sale of the goods and chattels of the offender or person liable or ordered to pay the same respectively, by warrant under the hands and seals of two or more of the said justices, or under the hand of any such sheriff or stewart, rendering the overplus of such distress and sale (if any) to the party or parties, after deducting the charge of making the same, which warrant such justices or sheriffs or stewarts are hereby empowered and required to grant, upon conviction of the offender by confession, or oath of one or more credible witness or witnesses; and the penalties, costs, and charges, when so levied, shall be paid, the one half to the informer, and the other half to the overseers or managers of the poor of the parish, township, or place where the offender shall dwell and inhabit, to be by such overseers or managers applied in aid of the rate or assessment raised for the relief of the poor of such parish, township, or place, and in Scotland, in parishes where there shall be no assessment for the relief of the poor, as the said managers shall direct, or to Her Majesty in case there shall be no such overseer or manager. VIII. And be it enacted, that the justices of the peace or sheriffs or stewarts by whom In default of any person shall be convicted and adjudged to pay any sum of money for any payment of offence against this act may adjudge that such person shall pay the same, be broken away, instead of worn, it is a dilapidation. It may be said that accident is defined here with too much latitude, inasmuch as it takes account of that which occurs without apparent reason at any particular time; but we use the term in common language, and may cite as an example, that if the timbers of a floor decay, the floor will yield, even without a load upon it. When accident occurs, such alone does not limit the extent of the dilapidation, but also such injuries to the building as follow in its train. Thus, if the weatherboarding of a building decay from age, so long as the covering be complete and entire, it is no dilapidation; but if broken in any part, that is a dilapidation; and if from want of reparation any of the internal parts of the building be injured, such injury is a dilapidation : so if timber or timbers belonging to any part of a house merely decay, if it or they be still sufficient for the support of the house, no dilapidation can be chargeable; but if such timber or timbers give way, they must be replaced, and all parts made good which suffered by their failure. According to Woodfall (Landlord and Tenant), “waste may be done in houses by pulling them down or suffering them to be uncovered, whereby the rafters and other timbers of the house become rotten; but the bare suffering them to be uncovered, without rotting the timber, is not waste: so if a house be uncovered when the tenant comethin, it is no waste in the tenant to suffer the same to fall down." In external covering, however, it seems that decay arising from inattention to it is dilapidation, even though no accident be the cause. It is always considered that though painting neglected is not itself a dilapidation, yet where decay arises from it, it is one.
renalty the ...to together with costs, either immediately or within such period as the said prison. justices shall think fit; and that in default of payment at the time appointed such person shall be imprisoned in the common gaol or house of correction (with or without hard labour), as to the said justices or sheriffs or stewarts shall seem meet, for any time not exceeding two calendar months; the commitment to be determinable upon payment of the amount of the penalty and costs. IX. And be it enacted, that no inhabitant of any parish, township, or place shall be Inhabitant, not deemed an incompetent witness in any suit, action, information, complaint, ...!!!"...' appeal, prosecution, or proceeding, to be had, made, prosecuted, or carried on of paying rates, under the authority of this act, for any offence committed within such parish, township, or place, by reason of such person being rated or assessed to or liable to be rated or assessed to, or being otherwise interested in the rates or assessments of any such parish, township, or place. X. And be it enacted, that where any distress shall be made for any sum or sums of pitres not to be money to be levied by virtue of this act the distress itself shall not be deemed !....?" unlawful, nor the party or parties making the same be deemed a trespasser or form. trespassers, on account of any default or want of form in any proceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers from the beginning, on account of any irregularity which shall be afterwards done by the party or parties distraining, but the person or persons aggrieved by such irregularity may recover full satisfaction for the special damage in an action on the case, to be brought in some of the courts of record at Westminster or Dublin, or by action raised or complaint preferred in Tender of the court of session in Scotland: provided always, that no plaintiff or plaintiffs amends. shall recover in any action for any such irregularity, trespass, or wrongful proceeding, if tender of sufficient amends for any such special damage shall be made by or on behalf of the party or parties who shall have committed or caused to have been committed any such irregularity or wrongful proceeding before such action or complaint brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he or they shall see fit, whereupon such proceedings or orders and judgments shall be had, made, and given in and by such court as in other actions where the defendant is allowed to pay money into court. XI. And be it enacted, that any person who shall think himself or herself aggrieved by A any conviction by any justice or justices of the peace under this act may Appeal. - appeal to the next court of general or quarter sessions of the peace which shall be holden not less than twelve days after the day of such conviction for the county, stewartry, riding, city, borough, division, or place wherein the cause of complaint shall
have arisen; provided that such person shall give to the complainant a notice in writing of
The following are the names of the persons in London who have long been established by the promoters of this bill to work the machine: —
Joseph Glass, 2. Moor Lane, Fore Street, Cripplegate.
The person whose name stands first having been a bricklayer all his life, and being also the inventor of the machine now sanctioned by parliament, may perhaps be safely consulted by persons whose chimneys present any difficulties, and whose prudence may induce them to wish for an experienced workman.
PRices of MAchinery.
The following is a list of the prices of the machines sold by Glass for sweeping chimneys. The machine, of whatever length, is supplied with a proper-sized brush, chimney-cloth and slide, and case complete, with full directions: —
The architect, in the course of his practice, is frequently called upon, and he must undertake the task, however uncongenial to his feelings, to ascertain the extent of neglect of a tenant in keeping his premises in proper order according to the covenants of the lease or agreement under which he holds the property. The owner of a tenement let to any person has a right to expect that it shall be delivered up to him, at the expiration of the term, in as good condition as the wear and tear of the time will permit; and the tenant is bound to make good what by his neglect or accident may have injured the premises. If the tenant fails in this, not only upon what was originally demised, but upon what may have been erected after he begins his occupation, he is bound to pay to the landlord a sum equal to what will restore the premises.
The general rule for determining what injuries are considered dilapidations, is to ascertain what is fair wear without accident, for such is not dilapidation. Injury by accident is that which happens suddenly, and perceptibly differing from wear, which occurs only by lengthened use. Thus the nosing of a step worn away is not a dilapidation; but if such
Broken glass is not considered a dilapidation, unless there be more than one crack in the pane. Some, however, contend that while the glass is sufficiently entire to exclude the wind and weather, no waste is assignable. Generally it seems then to be the rule, that where accident occurs, it is a dilapidation.
Whatever the tenant has power to remove during the term cannot be chargeable with dilapidations. Upon this point the old rule is, that whatever is fired to the freehold cannot be removed by the tenant: thus a lessee may erect barns or sheds or any building upon wooden or stone or other blocks laid on the surface of the ground, and take them down if he please without substituting anything in their place; but if the barns are fixed into the ground, they immediately become the property of the lessor. There seems, however, to be an exception in respect of buildings erected for the purposes of trade: hence not only coppers and ovens may be taken away, but workshops and the like erected by the tenant for his particular trade. This exception seems at first to have applied only to wooden buildings; but Lord Kenyon held that a brick chimney would prevent a tenant from removing a building, and decided that its being on a brick foundation would not do it. Though this opinion was not held by Lord Ellenborough, yet it was not because the buildings were of brick, but because they were erected for the purposes of agriculture, and not of trade. These matters, however, are not in the province of the architect. It is to be remembered, in all cases, that a lessee is bound to leave the premises in as good condition, after the removal of fixtures or improvements, as though they had never existed : thus, if a marble be substituted for a wooden chimney-piece, when the former is removed, the latter, or one of equal value, must be replaced. If a partition be put up and taken away, all damages to the adjacent work must be repaired.
III. – COMPOUND INTEREST AND ANNUITY TABLEs.
In a previous part of this work (797, et seq.) we have touched on the nature of compound interest and annuities; and as the architect is often called on to value property, we have thought it right to add some practical observations on the subject, and a set of Tables for the ready calculation of such matters, which we shall here explain.
Table First contains the amount of 11 put out to accumulate at compound interest for any number of years up to 100, at the several rates of 3, 4, 5, 6, 7, and 8 per cent. The amount of any other sum is found by multiplying the amount of 11, found in the table at the given rate per cent., and for the given time, by the proposed sum.