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(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to the regulating of buildings and party-walls, and preventing mischiefs that may happen by fire, shall be and continue repealed.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 c. *. 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 continuang of same, that the said act shall continue and remain in full foree 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 for com. - tling or allowany child or young person under the age of twenty-one years to ascend or de- £ 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 '': any child under the age of sixteen years, and that every indenture of such £ apprenticeship which may be entered into after such date shall be null and :". 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 Ame. may of July one thousand eight hundred and forty-one, and previously to the first #: be disday 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- Indentures 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- 5:#" 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 Regulatingen. be continued; be it enacted, that all withs and partitions between any chimney : 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 Before whom may be had before two or more justices of the peace acting for the county, £" riding, city, borough, division, or place where the offence shall happen, or be£, how fore the sheriff or stewart of any county or stewartry in Scotland; and such :-" 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 £ offence against this act may adjudge that such person shall pay the same, £" 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 Inhabitants not deemed an incompetent witness in any suit, action, information, complaint, £ appeal, prosecution, or proceeding, to be had, made, prosecuted, or carried on of Pasing 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 Distres 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 Appeal. "Y conviction by any justice or justices of the peace under this act may 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 such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such session, and shall also either remain in custody until the session, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said session of the peace, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody, and the court at such session shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet, and in case of the dismissal of the appeal or affirmance of the conviction shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment; and all judgments, determinations, and proceedings of such justices not appealed from as aforesaid, and of such sheriff or stewart or quarter sessions, shall be final, and not subject to review by any process of law or court whatever, any law or usage to the contrary notwithstanding. XII. And be it enacted, that no conviction or adjudication made on appeal therefrom shall be quashed for want of form, or be removed by certiorari or otherwise conviction not into any of Her Majesty's superior courts of record; and no warrant of com- £" mitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. XIII. And be it enacted, that this act may be amended or repealed by Act may be
any act to be passed in this session of parliament. :*.*.* p p
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 ;: away is not a dilapidation; but if such
3 I 4
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 cometh in, 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.
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.
Example. Required the amount of 755l. in 51 years, at 5 per cent. Amount of 11. for 51 years at 5 per cent, is - - - - 12-040769 Given sum - - - - - - - - - - 755 £90so isosos
TABLE Second contains the present value of 11 payable at the end of any number of years up to 100. The present value of any given sum payable at the expiration of any number of years is found by multiplying the present value of 11. for the given number of years, at the proposed rate per cent., by the given sum or principal. Example. Required the present value of 9090l payable 51 years hence, compound interest being allowed at 5 per cent.
By the table, the present value of 11 payable at the expiration of
51 years at 5 per cent is - - - - - - - •083051 Given principal - - - - - - - - - 9080 £754-923590
TABLE THIRD contains the amount of an annuity of 11. for any number of years, and is thus used. Take out the amount of 11. answering to the given time and rate of interest: this multiplied by the given annuity will be the required amount.
Example. Required the amount of an annuity of 271 in 21 years, at 5 per cent compound interest. Annuity of 11 in 21 years at 5 per cent. - - - - - 35-7 19251 Annuity given - - - - - - - - - 27 .8964.419777 or 964l. 8s. 3", l.
TABLE Fouarh shows the present value of an annuity of 11 for any number of years, at 3, 4, 5, 6, 7, and 8 per cent., and is used as follows:–
First, when the annuity commences immediately. Multiply the tabular number answering to the given years and rate of interest by the given annuity, and the product will be the value required. Example.
Required the present value of an annuity of 45l., which is to continue 48 years, at the rate of 5 per cent.
Under 5 and opposite to 48 years is (years' purchase) - - 18-O771.57 Annuity given - - - - - - - - - 45
Second, when the annuity does not commence till after a certain number of years. Multiply the difference between the tabular numbers answering to the time of commencement and end, at the proposed rate of interest, by the given annuity, the product will be the present value required. Example.
An annuity of 40l. is to commence 20 years hence, and is to continue 30 years; required its present value, the rate of interest being 4 per cent.
Under 4 per cent. and opposite to 20 is - -* - - 13'590S26
Under 4 per cent. and opposite to 50 (20+30) is - - - 21 “482184
TABLE FIFTH contains the annuity which 11, will purchase, compound interest being allowed. The manner of using this table is obvious, from what has been said relative to the preceding tables.
Example. What annuity for 10 years will 500l. purchase, the rate of interest being 5 per cent.? Under 5 and opposite to 10 is - - - - - - •l 29.504 Principal given - - - - - - - - - 500