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same in like manner as they are accountable for the money by them collected for the relief of the poor, and shall be liable to the like pains and commitments for not accounting for the same, and to the like distress and penalties for not paying the monies by them collected, levied, or received, and remaining in their hands, as overseers of the poor are, by all or any of the laws of this land, liable to for not accounting for or not paying monies collected by virtue of any rates for relief of the poor. LXXXII. And whereas the several offices for insuring houses against loss by fire watermen re- retain in their several services, and give coats and badges and other rewards £ unto, watermen, for the service and assistance in and towards extinguishing to be "p" of fire, and who are to be always ready when wanted, and are provided with various sorts of poles, hooks, hatchets, and several other instruments and things, at the charges of the said respective insurance offices, for the extinguishing of fire, which watermen so retained are by experience found to venture much further and to have skill to give, and do give, at fires happening within the limits aforesaid, greater help than other persons not used to come into danger; be it further enacted by the authority aforesaid, that the watermen for the time being so retained by and belonging to every such insurance office within the limits aforesaid, not exceeding thirty for each office, shall be free from being impressed, or liable to be compelled to go to sea, or serve as mariners, or as soldiers on land, their names and places of abode being registered and entered with the secretary or other officer of the Admiralty Office. LXXXIII. And in order to deter and hinder ill-minded persons from wilfully setting Money insured on their house or houses or other buildings on fire, with a view of gaining to :... themselves the insurance money, whereby the lives and fortunes of many "" families may be lost or endangered, be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the respective governors or directors of the several insurance offices for insuring houses or other buildings against loss by fire, and they are hereby authorised and required, upon the request of any person or persons interested in or entitled unto any house or houses or other buildings which may hereafter be burnt down, demolished, or damaged by fire, or upon any ground of suspicion that the owner or owners, occupier or occupiers, or other person or persons, who shall have insured such house or houses or other buildings, have been guilty of fraud or of wilfully setting their house or houses or other buildings on fire, to cause the insurance money to be laid out and expended, as far as the same will go, towards rebuilding, reinstating, or repairing such house or houses or other buildings so burnt down, demolished, or damaged by fire, unless the party or parties claiming such insurance money shall, within sixty days next after his, her, or their claim is adjusted, give a sufficient security to the governors or directors of the insurance office where such house or houses or other buildings are insured that the same insurance money shall be laid out and expended as aforesaid, or unless the said insurance money shall be in that time settled and dispossd of to and amongst all the contending parties to the satisfaction and approbation of such governors or directors of such insurance office respectively. LXXXIV. And whereas fires often happen by the negligence and carelessness of servant by care servants; be it therefore enacted by the authority aforesaid, that if any menial £ or other servant or servants through negligence or carelessness shall fire or £, cause to be fired any dwelling-house or outhouse or houses or other buildings, months. whether within the limits aforesaid or elsewhere within the kingdom of Great Britain, such servant or servants, being thereof lawfully convicted by the oath of one or more credible witness or witnesses made before two or more of His Majesty's justices of the peace, shall forfeit and pay the sum of one hundred pounds unto the churchwardens or overseers of such parish where such fire shall happen, to be distributed amongst the sufferers by such fire in such proportions as to the said churchwarden shall seem just; and in case of default or refusal to pay the same immediately after such conviction, the same being lawfully demanded by the said churchwardens, that then and in such case such servant or servants shall, by warrant under the hands and seals of two or more of His Majesty's justices of the peace, be committed to the common gaol or house of correction, as the said justices shall think fit, for the space of eighteen months, there to be kept to hard labour. LXXXV. And be it further enacted by the authority aforesaid, that upon the breaking constable and out of any fire within the limits aforesaid, all constables and beadles upon £: notice thereof shall immediately repair to the place where the said fire shall ings on fire. happen, with their staves and other badges of their authority, and shall be aiding and assisting as well in extinguishing the said fires and causing people to work at the engines, as also in preventing goods being stolen, and shall seize and apprehend all illdisposed persons that they shall find stealing or pilfering from the inhabitants, as also that the said constables and beadles shall give their utmost assistance to help the inhabitants to remove their goods. LXXXVI. And be it further enacted by the authority aforesaid, that no action, suit, or process whatever shall be had, maintained, or prosecuted against any person No.u., "... n. in whose house, chamber, stable, barn, or other building, or on whose estate, £" any fire shall, after the said twenty-fourth day of June, accidentally begin, £" nor shall any recompence be made by such person for any damage suffered " thereby, any law, usage, or custom to the contrary notwithstanding: and in such case, if any action be brought, the defendant may plead the general issue, and give this act and the special matter in evidence at any trial thereupon to be had; and in case the plaintiff become nonsuited, or discontinue his action or suit, or if a verdict pass against him, the defendant shall recover treble costs; provided that no contract or agreement made between landlord and tenant shall be hereby defeated or made void.
LXXXVII. And be it further enacted by the authority aforesaid, that where any distress shall be made for any sum or sums of money to be recovered by virtue Distress not unof this act the distress itself shall not be deemed unlawful, nor the party or £
- - of form, &c.
parties making the same be deemed a trespasser or trespassers, on account of any defect of form in any proceedings relating thereto, nor shall the party or parties be deemed a trespasser or trespassers ab initio on account of any irregularity afterwards done by the party or parties making such distress, but the person or persons aggrieved by such irregularity may recover full satisfaction for the special damage only by action on the case, and not by any other action whatsoever.
LXXXVIII. Provided always, and be it further enacted by the authority aforesaid, that no plaintiff or plaintiffs shall recover in any action for any such irregu- plaintin, to larity or other proceedings if tender of sufficient amends be made, by or on £" the behalf of the party or parties who committed or caused to be committed £made, any such irregularity or wrongful proceeding, before such action be brought;" and in case no such tender shall have been made, it shall and may be lawful for the defendant or defendants in any such action, by the leave of the court where such action shall depend, at any time before issue joined, to pay into the court such sum of money as he or they shall see fit, whereupon such proceedings or order and judgment shall be had, made, or given in and by such court as in other actions when the defendant is allowed to pay money into court.
LXXXIX. And whereas by the said recited act of the twelfth year of his present Majesty's reign various penalties are inflicted upon persons who should offend prosecution on against the said act: and whereas since the passing the said act there has been £,”
- - - - - - - - - - discharged on a great increase of buildings within the limits aforesaid, and many of such £d.
buildings are not in every respect built according to the directions of the said £ shall act, whereby various penalties have been incurred, and several persons are or £. may be under prosecution for the same: and whereas the owners of such ". buildings, and several builders or workmen employed therein, are respectively willing to make the same as secure against fire, and as conformable to the directions contained in this act, as the nature of each case will admit; be it therefore enacted by the authority aforesaid, that in every action, bill, plaint, suit, or information now depending or that shall hereafter depend in any of His Majesty's courts of record at Westminster against any such owner, builder, or workman, or person or persons causing any such building to be erected or built, or any other person or persons, for the recovery of any penalty incurred or supposed to be incurred by the said act, it shall be lawful for the court where the same is or may be depending, and such court is hereby required and empowered, on the application of the respective defendants, to make a rule for the plaintiff in any such action, bill, plaint, suit, or information to deliver to such defendant or defendants, or his, her, or their attorney in the cause, an account in writing, under the hands of the plaintiff or his attorney, of the particular defect or irregularity in every such building whereby each penalty is incurred or supposed to be incurred, and to make an order for staying the proceedings in such action, suit, or information, until such account in writing shall be delivered; and after such account shall have been delivered as aforesaid, it shall and may be lawful to and for such defendant or defendants either to defend such action or actions as if this act had not been made, or otherwise, in case he or they shall not choose to defend the same, to enter into a rule of the same court for making good or reforming such irregularities and defects (if any), and for rendering such building as secure against fire, and as conformable to the directions of this act, in such manner and within such time as two or more of the surveyors herein-before directed to be appointed in the county, city, or liberty wherein the same is situate shall by any writing under their hands direct and appoint; and upon such rule being Rule being on. entered into by such defendant or defendants, and on payment to the plaintiff £ of the costs in such action, suit, or information, to be taxed by the proper £o be officer of such court, the said court shall order all further proceedings to be "" stayed in such action, suit, or information until the time appointed by the said surveyors for the purposes aforesaid shall be expired; and after the expiration thereof, such court is hereby required and empowered, on application or motion by or on the behalf of such owner, builder, or workman, or other person or persons aforesaid, and on proof by affidavit to the satisfaction of such court that the defects and irregularities complained of are made good or reformed, and the building of such house or houses rendered as secure against fire, and as conformable to the directions of this act, in such manner and within such time as such two or more of the said surveyors or supervisors shall have appointed by such writing as aforesaid, to order proceedings to be peremptorily stayed in such action, suit, or information; p.s.n.m. and the defendant or defendants shall from thenceforth be for ever indemnified £m and discharged of, from, and against all penalties and forfeitures incurred or "* to be incurred for or by reason of not having originally built such party-walls or buildings pursuant to the directions of the said act, or for or by reason of any other defect or irregularity whereby such houses or party-walls are otherwise built than pursuant to such directions, any thing in the said act contained to the contrary notwithstanding. XC. Provided, that if no such application shall be made to court before the end of the next term after the expiration of such time as shall be appointed by the said surveyors as aforesaid for the purposes aforesaid, or if upon such application as aforesaid such proof shall not be made by the defendant or defendants to the satisfaction of the said court as aforesaid, then the said plaintiff or plaintiffs shall be at liberty to proceed in such suit as if this act had not been made. XCI. And it is further declared by the authority aforesaid, that the court or courts where any such rule as aforesaid shall be entered into pursuant to the direcwhere any rule tions in this act contained shall and are hereby required to proceed against the £d party or parties who shall have entered into any such rule, and have refused into, &c. or neglected to perform the same, as for a contempt of the said court, and shall on motion issue the like process of attachment, or otherwise, as is usually issued against any suitor or suitors of such court for contempt of a rule of court. XCII. Provided always, that this act or anything herein contained shall not extend to N..."...a... indemnify any person against whom final judgment shall have been given :" before the passing of this act in any action of debt, bill, plaint, or information £n be in any of His Majesty's courts of record, grounded on the said act made given, &c. in the twelfth year of his present Majesty's reign, for the recovery of any penalty inflicted by the said act. XCIII. And whereas since the passing the said act made in the twelfth year of his Irregular build- present Majesty's reign many houses and other buildings have been erected £" within the limits aforesaid not conformable to the regulations of the said act,
How the court shall
£and but no prosecutions have been and probably may not be commenced against irregular pro the builders thereof: and whereas it is reasonable that the same should be
##" made as secure against fire and as conformable to the directions in this act as £ the nature of each case will admit: and whereas wooden buildings have been menced. erected on the tops and other parts of houses, and many bow-windows and projections have been made, contrary to the said act, though no prosecutions have been nor may probably be commenced for any penalties thereby incurred: and whereas such wooden buildings as have been so erected on the tops or other parts of the said houses, and such bow-windows or projections, ought to be taken down and removed, or some alterations or amendments ought to be made therein; be it therefore enacted by the authority aforesaid, that if any three or more surveyors or supervisors, to be appointed and sworn in manner herein-before directed, shall certify in writing under their hands to the court of mayor and aldermen of the city of London, or to the court of quarter sessions within whose jurisdiction any such house or building is situated, that any house or building has been erected since the passing the said act within the limits aforesaid not conformable to the said act, or that any such wooden building has been erected on the tops or other parts of houses, or that any bow-windows or projections have been made contrary to the said act, for which no prosecutions have been commenced, so as to bring them within the provision herein-before made respecting the same, and shall certify in what manner the same may be court to make an reformed, it shall be lawful for the said court of mayor and aldermen or court
:" of quarter sessions respectively within whose jurisdiction the said house or projections. building or bow-window or projection is situated, if they think fit, to make
an order for amending or reforming such house or building accordingly, and for making the same more secure against fire, or more nearly conformable to the regulations of this act, and for taking down and removing or for altering or amending such wooden buildings and such bow-windows or projections as aforesaid by the master builder or master bricklayer or master workman or person who caused the same to be erected, who shall be expressly named in such order; and every such order of the said court of mayor and aldermen or court of sessions shall be by the town clerk of the city of London, or by the clerk of the peace, (as the case may be,) entered and filed as of record in the said court where such order was made, for the entry and filing whereof, and for every copy thereof, the said town clerk or clerk of the peace shall be paid by the person applying for the same the sum of one shilling and no more if the same do not exceed one hundred words, and if the same exceed one hundred words, then after the rate and pro
Order to be filed.
portion of one shilling for every one hundred words; and a copy of the said order shall be delivered to the said person or persons in the said order named, or shall be left at his or their last or usual place of abode, or with the tenant in possession of the house or building in the same order mentioned, or shall be affixed upon the door or other notorious part of the said house or building; and within the space of nine months next after the Irregularity to be copy of such order shall have been so delivered or left or affixed as aforesaid : the said person or persons therein named shall make good all the defects and £"" irregularities in such order specified, and either take down and entirely re-" move such wooden building or buildings or bow-window or projection, or otherwise alter, reform, or amend the same in such manner as shall be directed by such order; and in case the said order shall not in all respects be fully performed and executed within the space of nine months next after the copy thereof shall have been so delivered or left or affixed as aforesaid, then the person or persons therein named, being the master builder, master bricklayer, or master workman, or other person or persons who caused such house or building or bow-window or projection to be erected, shall forfeit the sum of fifty pounds, to be recovered and applied in like manner as the penalties herein-before inflicted for distilling a larger quantity of turpentine together than is by this act allowed, in places not allowed by this act, are herein-before directed to be recovered and applied, and so toties quoties for every nine months that such defects and irregularities shall continue, and such house or other building or bow-window or projection shall remain built otherwise than conformable to the directions in such order contained. XCIV. And whereas several informations may have been commenced before the said mayor of London and justices of the peace for recovering penalties or forfeitures Prosecution.de. incurred by the said Act made in the twelfth year of his present Majesty's |: reign, and the same or some of them may be still depending before the said £d mayor and justices out of session, and other such informations may be depending before the justices in the said respective quarter sessions of the peace, by appeal or otherwise; be it enacted by the authority aforesaid, that the several defendants in all and every such informations shall be and are by the authority of this act discharged, acquitted, and indemnified from and against all such informations; and the said mayor and justices shall acquit and discharge them of and from the same accordingly. XCV. And be it further enacted by the authority aforesaid, that no order which shall be made by the mayor of the city of London for the time being, or by any No order of the justice or justices of the peace, by virtue of or under this act, or any other £ proceeding to be had touching the conviction of any offender or offenders £a against this act, shall be removed or removeable by certiorari or any other ”" writ or process whatsoever into any of His Majesty's courts of record at Westminster. XCVI. And be it further enacted by the authority aforesaid, that if any person or persons think him, her, or themselves aggrieved by any conviction, commit- Appeal may be ment, distress, order, or judgment of the mayor of the city of London for the £. time being, or of any justice or justices of the peace, made out of sessions by quarter sessions. Virtue of this act, such person or persons may appeal to the justices of the peace at their general quarter sessions of the peace to be holden in and for the city of London and liberties thereof, the counties of Middlesex or Surrey, the city and liberty of Westminster, or the liberties of His Majesty's Tower of London, (as the case may be,) which shall be holden next after such conviction, commitment, distress, order, or judgment, who shall proceed to hear and examine on oath into the causes and matters of such appeal, (which oath or oaths they are hereby empowered to administer,) and shall determine the same, and award such costs to the party or parties appealing or appealed against as they shall think proper, and the order, judgment, and determination of the said justices in their respective sessions shall binding and conclusive to all parties. XCVII. Provided always, and be it further enacted by the authority aforesaid, that the person or persons so intending to appeal shall immediately after such convic- Proviso. tion, commitment, distress, order, or judgment, or within two days afterwards, enter into a recognizance to the party or parties appealed against, before such justice or justices of the peace, with two sufficient securities, conditioned to try such appeal, and to abide the order of and pay to the party or parties appealed against such costs (if any) as shall be awarded against him, her, or them by the sessions respectively. XCVIII. And be it further enacted by the authority aforesaid, that the parishioners and inhabitants of the parish, precinct, or place where any offence against this Parishioners may act shall be committed shall be allowed to be competent witnesses on the "" trial, or otherwise, in any action, bill, plaint, or information in any of the said courts of record, or at or upon the hearing and determination of any information before the mayor of London, or other justice of the peace, for or concerning any offence or offences against this present act, notwithstanding his, her, or their being a parishioner or parishioners, inhabitant or inhabitants, in such parish, precinct, or place. XCIX. Provided always, that no action or prosecution shall be brought or commenced
1,..., against any person or persons for any penalty or forfeiture inflicted or inactions 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 "the act 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, Repeating former one thousand seven hundred and seventy-four, the said act passed in the twelfth £ year of the reign of his present Majesty, intituled “An act for the better regu
spects party-walls, - * - - - - - - - * ... • - regulating of lation of buildings and party-walls within the cities of London and Westminster,
£er, 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 1... 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.3.
GAnne, c. 51.
7 Anne, c. 17.
11 G. 1. c. 28.
4 (r. 1 II. c. 14.
6 G.III. c. 27.