To enable jus

sioned by the taking fire of any chimney only, the inhabitant or inhabitants, occupier or occupiers of any room or apartment to which any such chimney belongs, being a lodger or inmate to or with any tenant, renter, or holder of any house or building of which such room or apartment is part, or if such chimney belong not to any such lodger or inmate, then the tenant, renter, or occupier of the house or building wherein any such fire as last mentioned first begins, shall reimburse and repay to the churchwarden or overseer of the poor all and every such reward and rewards or other payments by him or them made pursuant to the directions of this act, or such part thereof as the mayor or other justice of the peace of the said city of London, or justice of the peace for the liberty of His Majesty's Tower of London, or justice of the peace for the county of Middlesex or county of Surrey, or for the city and liberty of Westminster, (as the case may be,) upon the application and complaint of such churchwarden or overseer of the poor, and hearing the party or parties complained against, shall under his hand and seal award and direct; and to the end the said mayor or other justice aforesaid may be the better enabled to award and tices to execute direct what may in any such case be just and reasonable, the said mayor for their duty. the time being and every such justice shall and may summon before him, after any such complaint made, the party and parties complained against, and all persons fit to give evidence touching the premises of whom he shall have notice or information, and shall and may examine them and every of them upon oath, (which oath the said mayor and every such justice is hereby empowered and required to administer without fee or reward ;) and if the party or parties complained against, being summoned, do not appear, the said mayor and every such justice of the peace shall and may proceed to examine the matter of the complaint and such evidence as is produced, and to make such award and direction thereupon as shall be just, and as if the party or parties making such default of appearance had been present, and heard in his, her, or their defence; and if any sum or sums of money so awarded and directed to be reimbursed or repaid to any such churchwarden or overseer of the poor be not so reimbursed or repaid within fourteen days after demand thereof made, it shall and may be lawful to and for every such churchwarden or overseer, by warrant under the hand and seal of such mayor or other justice, (which warrant the said mayor and every such justice is hereby authorised to make,) to levy every such reward and rewards or other recompence so paid, or such part thereof as shall have been so awarded and directed, by distress and sale of the goods and chattels of the party or parties making default of payment, or of any goods or chattels found in the room or apartment to which such chimney where such fire began belongs, or in any other part of any house or building whereof such room or apartment is part.

LXXIX. And forasmuch as several of the parishes within the city of London were, after the great fire which happened in the year of our Lord Christ one thousand United parishes six hundred and sixty-six, united together; be it enacted by the authority to be deemed one. aforesaid, that any two or more of the said parishes so united shall, for the purposes of this act, be deemed one parish only.

may have more

LXXX. Provided nevertheless, and it is further enacted, that in case the vestries of any of the said united parishes, or of any other parish within the limits aforesaid, Large parishes at any time conceive it necessary for the said parish, in respect to the large- than one large ness thereof, to have more than one great engine or hand engine, it shall and engine, &c. may be lawful for them to provide two or more great engines or hand engines at the parish charge; and that the same engines and every of them shall be under the like regulations and encouragements as the other engine or engines directed to be provided by this act are under.

of the poor's

LXXXI. And in order to raise money to defray the necessary charges of providing and maintaining such engine, stopblocks, and firecocks and keys, and other imple- Fire engines, &c. ments and materials, and such ladders as aforesaid, and the payment of the to be paid for out rewards or gratuities directed by this act, be it enacted by the authority afore- rates. said, that the churchwardens and overseers of the poor of the said several parishes, precincts, and places within the limits of this act, or the major part of them, with the consent of the majority of such inhabitants as shall be, at any vestry or other public meeting of such parish, precinct, or place, duly assembled, shall and may from time to time, (as often as there may be occasion,) out of the monies raised or received or to be raised or received by any rate or rates made or to be made for relief of the poor of every such parish, precinct, or place respectively, or by any special rate or rates to be made for the purposes of this act, pay, apply, and dispose of such competent sum and sums of money as may be requisite for the ends aforesaid, in like manner as by law they may do for the maintenance and relief of the poor of their respective parishes, precincts, or places; and every such special rate or rates which shall be made as aforesaid, the same being allowed and confirmed in the like manner as the rates made for the relief of the poor are or ought to be allowed or confirmed, shall be levied and recovered in the same manner as the rates made for the relief of the poor now may or ought to be levied and recovered, subject to the like appeal as in cases of rates made for the relief of the poor; and the said officers shall be accountable for the

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.

Watermen retained by insurance offices not

LXXXII. And whereas the several offices for insuring houses against loss by fire 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 impressed. 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.

Money insured on

LXXXIII. And in order to deter and hinder ill-minded persons from wilfully setting their house or houses or other buildings on fire, with a view of gaining to houses burnt how themselves the insurance money, whereby the lives and fortunes of many to be applied. 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.

lessness firing a house to forfeit 1001. or be im

prisoned eighteen months.

LXXXIV. And whereas fires often happen by the negligence and carelessness of Servants 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, 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.

beadles, on notice,

LXXXV. And be it further enacted by the authority aforesaid, that upon the breaking Constables and out of any fire within the limits aforesaid, all constables and beadles upon to repair to build. 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

where the fire

begins.

process whatever shall be had, maintained, or prosecuted against any person No action to lie in whose house, chamber, stable, barn, or other building, or on whose estate, against a person any fire shall, after the said twenty-fourth day of June, accidentally begin, accidentally 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 lawful for want parties making the same be deemed a trespasser or trespassers, on account of of form, &c. 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.

of sufficient &c.

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- Plaintiff not to larity or other proceedings if tender of sufficient amends be made, by or on recover if tender the behalf of the party or parties who committed or caused to be committed amends be 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.

discharged on

amending build. manner as shall two of the sur

ings in such

be directed by

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 Prosecutions on against the said act: and whereas since the passing the said act there has been 12 G. III. c. 73. a great increase of buildings within the limits aforesaid, and many of such buildings are not in every respect built according to the directions of the said 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 veyors. 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 enentered into by such defendant or defendants, and on payment to the plaintiff tered into by of the costs in such action, suit, or information, to be taxed by the proper proceedings to be officer of such court, the said court shall order all further proceedings to be stayed, &c. 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

defendant, all

Defendant indemnified from

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; and the defendant or defendants shall from thenceforth be for ever indemnified and discharged of, from, and against all penalties and forfeitures incurred or all forfeitures, &c. 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 Proviso. 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.

How the court shall proceed

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 directions in this act contained shall and are hereby required to proceed against the party or parties who shall have entered into any such rule, and have refused 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.

where any rule shall be entered into, &c.

XCII. Provided always, that this act or anything herein contained shall not extend to indemnify any person against whom final judgment shall have been given Not to extend to indemnify persons before the passing of this act in any action of debt, bill, plaint, or information against whom judgment shall 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.

Irregular build

12 G. III. to be made secure

against fire, and irregular projections to be

altered, though

no prosecutions

menced.

XCIII. And whereas since the passing the said act made in the twelfth year of his present Majesty's reign many houses and other buildings have been erected ings erected since within the limits aforesaid not conformable to the regulations of the said act, but no prosecutions have been and probably may not be commenced against 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 have been com. the nature of each case will admit: and whereas wooden buildings have been 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 order for reform of quarter sessions respectively within whose jurisdiction the said house or 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 ex

ing irregular projections.

pressly named in such order; and every such order of the said court of mayor Order to be filed. 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 samne do not exceed one hundred words, and if the same exceed one hundred words, then after the rate and pro

nine months on

penalty.

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 reformed within the said person or persons therein named shall make good all the defects and pain of 501. irregularities in such order specified, and either take down and entirely remove 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 Prosecutions deincurred by the said Act made in the twelfth year of his present Majesty's Justices of the pending before reign, and the same or some of them may be still depending before the said peace discharged. 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.

or other proceed

justices at the

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 mayor or justice, proceeding to be had touching the conviction of any offender or offenders ing, to be removed against this act, shall be removed or removeable by certiorari or any other by certiorari. 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 made to 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 be 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.

be witnesses.

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