PARLIAMENTA

RY FORMS.

Private Act (buildings).

party walls.

by any two surveyors of buildings appointed under this act, it shall and may be lawful to and for the owner of either of the adjoining buildings to take down and rebuild the same, upon giving three months' notice of such intention to the owner of the adjoining property, who shall be compellable to pay a due proportion of the expence of the taking down and rebuilding of such party-wall, according to the provisions of this act. And be it further enacted, That in case any question shall arise Disputes as to expenses of touching the proportion of the expences payable for the building or taking down and rebuilding any party-wall under the provisions of this act, it shall and may be lawful to and for the person or persons claiming the amount of such proportion of expences, to apply to any two surveyors of buildings, appointed under the authority of this act, for a certificate of the same (which certificate such surveyors are hereby required to give gratis under their hands); and in case the person or persons liable to pay the proportion of the amount incurred in the building or taking down and rebuilding such party-wall so to be certified as aforesaid shall not forthwith pay the same, such amount, or any proportion thereof, shall and may be recovered by information before any one justice of the peace of the county of aforesaid, in the same way as penalties and. forfeitures under this act are authorized to be recovered, together with such reasonable costs as such justice shall think proper to order.

Buildings excepted from the

act.

Provided always, and be it enacted, That nothing in this act contained shall affect or relate to, or be construed to affect or relate to any warehouse or other building (not being a dwelling-house) now erected or hereafter to be erected in any inclosed yard, or upon any inclosed piece of land, provided the same shall be at a distance not less than eighteen feet from any street or public highway in the said town, nor to any church for the celebration of divine worship therein according to the rites and usage of the Church of England. And be it further enacted, That the several penalties by this act Recovery of imposed, and the penalties and forfeitures to be incurred by the non- penalties. performance or non-observance of the several provisions and regulations of this act, shall and may be sued for and recovered by any person whatsoever, within three calendar months from the day on which any offence may be committed, by information and complaint before one of his Majesty's justices of the peace for the said county ; and such penalties and costs to be fixed by such justice, shall, upon conviction of the respective offenders, be levied on their goods and chattels by warrant under the hand and seal

of

PARLIAMENTA

RY FORMS.

Private Act (buildings).

Appeal from justices.

of such justice; and in case such penalties and forfeitures shall
not be paid forthwith upon conviction, then it shall and may be
lawful for such justice to order the offender or offenders so con-
victed to be detained in safe custody, until return can convenient-
ly be made to such warrant of distress, unless the same offender or
offenders shall give a sufficient security to the satisfaction of such
justice, for his, her, or their appearance before him on such day or
days as shall be appointed for the return of such warrant of distress,
such day or days not being more than five days from the time of
taking any such security, and which security the said justice is hereby
empowered to take by way of recognizance or otherwise; but if upon
the return of such warrant it shall appear that no sufficient distress
can be had thereupon to levy the said penalties and costs as afore-
said, and the same shall not be forthwith paid, or in case it shall
appear to the satisfaction of any such justice, either by the confession
of the offender or offenders, or otherwise, that the offender or offenders
hath or have not sufficient goods and chattels whereon such penalties
and costs may be levied if a warrant were issued, such justice shall not
be required to issue such warrant of distress; and thereupon it shall
be lawful for such justice, and he is hereby authorized and required,
by warrant under his hand and seal, to commit such offender or of
fenders to the common gaol of the said borough, there to remain for
such space of time not exceeding six calendar months, as such justice
shall fix and appoint; and all such penalties shall, when levied, be
paid and applied as follows: one half thereof to the informer, and the
remaining half to the churchwardens and overseers of the poor of the
parish of
aforesaid.

Provided also and be it further enacted, That any person or
persons, body or bodies politic or corporate, thinking himself, her-
self, or themselves aggrieved by any order, judgment, or deter-
mination made or given by any justice or justices of the peace in pur-
suance of this act, or other matter or thing made or done in pur-
suance thereof, may within one calendar month after the cause of
complaint shall have arisen, appeal to the justices of the peace at
some general quarter-sessions of the peace to be holden for the said
county of
the party or parties appealing first giving
ten days' notice at the least of his, her, or their intention to bring
such appeal, and of the matter or cause thereof, to the party or par-
ties against whom such appeal shall be made, or whose interests may
be affected by such appeal, and within three days after such notice en-
tering into a recognizance before some justice of the peace of the said
county, with two sufficient sureties conditioned to try such appeal,

RY FORMS.

Private Act (buildings).

and to abide the order and award of the court thereon; and the said PARLIAMENTA justices at such sessions upon due proof of such notice and recognizance having been given and entered into as aforesaid, are hereby authorized and required to hear and determine the cause and matter of such appeal in a summary way, and to make such order therein, and to award such costs to either of the parties, or otherwise, as they the said justices shall think proper, and the said justices may also order such further satisfaction to be made to the party injured as they shall judge reasonable; and all such orders and determinations of the said justices shall be final, binding and conclusive upon all parties, to all intents and purposes whatsoever.

And be it further enacted, That if it shall be made out by the oath of any credible person or persons, to the satisfaction of any justice or justices of the peace of the said county, that any person being within the same is likely to give or offer material evidence on behalf of the prosecutor of any offender or offenders against the true intent and meaning of this act, or on behalf of the person or persons accused, and will not voluntarily appear before such justice or justices, and be examined, and give his, her, or their evidence concerning the premises, every such justice or justices is and are hereby authorized and required to issue his and their summons to convene every such witness or witnesses before any such justice or justices at such seasonable times as in such summons shall be fixed; and if any person so summoned shall neglect or refuse to appear at the time by such summons appointed, after having been paid or tendered a reasonable sum for his, her, or their expences, and no just cause shall be offered for such neglect or refusal, then such person shall forfeit and pay, for each neglect or refusal, a sum not exceeding ten pounds, to be recovered and levied as other penalties are directed to be recovered and levied by this act.

Attendance of sident in the

witnesses re

place.

Provided always, and be it further enacted, That if any person or Witnesses residing elsewhere. persons against whom any complaint shall be made, for any offence against this act, or of any person or persons competent or likely to give evidence as aforesaid, to whom any such summons shall be granted, shall happen to be or reside out of the said town, it shall be lawful for any justice of the peace within whose jurisdiction such person or persons may be, upon due proof, on oath, of the hand-writing of the justice or justices granting the said summons, to indorse his name thereon, which shall be a sufficient authority to the person bringing such summons, and to all other persons to whom the same may be directed, to serve or execute such summons in the jurisdiction of the said justice so indorsing the same.

PARLIAMENTA

RY FORMS.

Private Act (buildings). Proceedings not to be void for defect of form.

Limitation of actions.

General issue.

And be it further enacted, That the forms of proceedings hereunto annexed, relative to the several matters expressed therein, shall and may be used, with such additions or variations as may be necessary to adapt them to the particular circumstances of the case; and that the same, or any other proceedings to be had or taken in pursuance of this act, shall not be made void, quashed, or vacated for want of form, or be removed by certiorari, or any other writ or process whatsoever, into any of his majesty's courts of record at Westminster, or elsewhere; any law or statute to the contrary notwithstanding.

And be it further enacted, That no action or suit shall be brought or prosecuted against any person or persons for any thing done in pursuance of this act, unless such notice thereof shall be first given as hereinbefore is directed (where notice is required in that behalf), or unless the same shall be commenced before the expiration of three calendar months next after the fact committed, or unless tender of reasonable amends hath not or shall not have been made by or on behalf of the defendant or defendants in such action or suit, nor unless such action or suit shall be laid and brought in the county where the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in any action or suit to be commenced for any thing done in pursuance of this act shall and may plead the general issue, and give this act and the special matter in evidence in any trial to be had thereupon, and that the matter or thing for which such action shall be brought was done in pursuance and by the authority of this act; and if such matter or thing shall appear to have been so done, or if it shall appear that such action or suit was brought before the requisite notice thereof was given, or if it shall appear that such action or suit was not commenced before the expiration of three calendar months next after the fact committed, or if it shall appear that tender of reasonable amends was made by or on behalf of the defendant or defendants in such action or suit before such action or suit was commenced, or if any such action be brought in any other county than the county wherein the cause of action shall have arisen, then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and shall have such remedy for the same as any other defendant or defendants hath or have in other cases by law.

PARLIAMENTA

RY FORMS.

Private Act

(buildings).

And be it further enacted, That it shall be lawful for any constable or other person or persons, without any warrant, or any other authority than this act, to seize and detain any person or persons, being unknown to him or them, who shall commit any offence or offences Authority to apagainst this act within the said town, and take the offender or offend- prehend ofers before any justice or justices of the peace for the said county; and such justice and justices is and are hereby authorized to proceed and act, with respect to such offender or offenders, according to the provisions of this act.

fenders.

amends in court,

Provided always and be it further enacted, That in all actions or Tender of suits to be brought against any person or persons for any matter or thing done in pursuance of this act, the defendant or defendants in such action or suit shall and may, before plea pleaded, pay into court such sum or sums of money as he or they shall think proper, in the name of a reasonable amends for such matter or thing; and if the plaintiff or plaintiffs shall refuse to accept the same, together with his, her, or their costs at that time, to be taxed by the proper officer, and if the jury who try the cause shall not find the damages to amount to a greater sum or sums of money than the money so paid into court, the verdict shall pass for the defendant or defendants, and such defendant or defendants shall have all other privileges and advantages given to any defendant or defendants by this act, and shall and may recover treble costs, and have the like remedy for the same as before directed for recovering costs by any defendant or defendants.

And be it further enacted, That nothing herein contained shall Saving of rights. extend or be construed to extend to alter, prejudice, lessen, defeat, or affect the rights and privileges of the King's Most Excellent Majesty, or of any other person or persons, body or bodies politic or corporate or collegiate whatsoever, his, her, or their heirs, executors, administrators, or assigns, in any respect whatsoever, save and except as is by this act enacted and declared.

And be it further enacted, That this act shall be deemed and taken Public act. to be a public act, and shall be judicially taken notice of as such by

all judges, justices, and others, without being specially pleaded.