Melbourne Building Act 1849 No 39a (NSW)

No judgment structure available for this case.

No. XXXIX.
An Act for regulat ing Buildings and Par ty Walls
and for prevent ing mischiefs by fire in the

City of Melbourne. [12th October, 1849.]

WH E R E A S it is expedient for t he safety hea l th and comfort of the i nhab i t an t s of t he City of Me lbourne and the securi ty of pro

2. A n d be it enacted wi th regard to th i s Ac t general ly so far as relates to t h e appl icat ion thereof to other pa r t s of t he City of Mel bourne Tha t if from t h e growing increase of t he popula t ion or otherwise i t shal l appear to t he Council of t h e said city t h a t it is expedient t ha t t h e provisions of th is Ac t should be extended to any other p a r t or par t s of t he City of Melbourne it shall be lawful for t he said Council to direct by by-law t h a t a t or from a t ime to be n a m e d in such by-law t h e

per ty there in t h a t provision should he made for t he be t te r regula t ion
of bui ld ings and p a r t y walls and for the prevent ion of mischiefs by fire in t h e said City Be it therefore enacted by H i s Excellency the Governor of N e w South "Wales wi th the advice and consent of t h e Legislat ive Council thereof That from and after t h e first day of J a n u a r y in t h e year of our Lord one thousand eight hund red and and fifty all bu i ld ings wi th in t h e por t ions of t h e said city described in the Schedule h e r e u n t o annexed marked A (except bui ld ings the proper ty of H e r Majesty or of t he Corporat ion thereof) shall be dis t inguished by and divided in to t h e classes and ra tes of classes of bui ld ing hereinaf ter described and shall be unde r the ru les and directions hereinaf ter con ta ined concerning the same.

t he provisions of th is Ac t shall apply to such pa r t or pa r t s of the

said

c i ty and at or from such t ime all such provisions of "whatever n a t u r e whether pena l or otherwise so far as they are capable of applicat ion to such pa r t s shall be and are hereby declared to apply there to as if such

p a r t or pa r t s were expressly named

therein .

3. A n d be it declared and enacted wi th r ega rd to this Act

genera l ly so far as relates to t he const ruct ion of certain t e rms and expressions used there in Tha t t he following t e rms and expressions are in tended to have the meanings hereby assigned to t h e m respectively so far as such meanings are not excluded by the context or by the na tu re of t he subject ma t t e r t h a t is to say—the word " s t reet " to include every square circus crescent street road place row publ ic mews or lane or place a long which carriages can pass or are in tended to pass and t h a t whe ther the re bo or not in addi t ion to the carr iage-way a foot way paved or otherwise t he word " alley " to include any court alley passage or o ther publ ic place which can be used as a foot-way only the word " s q u a r e " as applied to any area of bu i ld ing to contain one h u n d r e d superficial feet t h e " f loor" to m e a n t h e hor izonta l platform forming the base of any story and to include t h e t imber or br icks or any other substance cons t i tu t ing such platform the word " s t o r y " t o include t h e full th ickness of such floor as well as the space be tween the upper surface of one floor and the u n d e r surface of t he floor nex t above it or if there be no floor t hen t h e space between the surface of t he g round and the under surface of t he floor n e x t above i t the t e r m " ex te rna l w a l l " to apply to every outer wall of bui ld ings now bui l t or hereafter t o be bu i l t which (except t he footing thereof on one side) shall s tand wholly upon g round of t he owner of such bui ld ings and shall not be used or in tended to be used as a pa r ty
Avail unde r t he definition hereinafter contained whe the r t he same shall

adjoin or not to the o ther ou te r or to pa r ty walls t he t e r m " pa r ty wal l " to apply to every wall which shall bo used or be bu i l t in order to be used as a separation of two or more bui ldings wi th a view to t h e occupat ion thereof by different families or occupiers or which shall be ac tual ly occupied by different families or occupiers and also every wal l which shall s tand upon g round not wholly belonging to t he same owner to a grea ter ex ten t t h a n t h e projection of i ts footing on one side t h e t e r m " a l r e a d y b u i l t " used in reference to bui ld ings to apply to bui ldings bui l t prior to the date of th i s Act coming in to operat ion or commenced before t ha t date and covered in and rendered fit for use wi th in twelve m o n t h s thereaf ter and used in reference to s treets and	alleys to apply to all s t reets or alleys made or laid out before t h a t day	and which shall be formed and rendered tit for use wi th in twelve
m o n t h s thereaf ter t he t e r m "he rea f t e r to bo b u i l t " used in reference to bui ld ings to apply to all bui ld ings to be bu i l t or commenced after the date of th i s Ac t coming in to operat ion or which being commenced shall no t be covered in wi th in twelve m o n t h s thereafter and used in reference to streets and alleys to apply to all s t reets or alleys not laid out before t he said date or which being laid out shall no t be rendered fit for use wi th in twelve m o n t h s thereafter t h e word " owner " to apply general ly to every person in possession or receipt e i ther of t he Avhole or any pa r t of t he ren t s or profits of any g round or t enemen t or in t he occupation of such ground or t enement other t h a n as t enan t from year to year or for any less t e r m or as t enan t at will t he t e r m " official referees " to mean the persons appointed in pur suance of t h i s A c t to be official referees of bui ld ings wi th in t he City of Melbourne t h e word " surveyor " to apply to the surveyor or surveyors to be appointed in pur suance of t h i s Act and also of all deputy or ass is tant surveyors to be appoin ted unde r th is Ac t t he word " m o n t h " to m e a n a calendar m o n t h t h e t e rm "flu; C o u n c i l " to mean the Mayor Aldermen

and
a n d Council lors of the City of Melbourne for t h e t ime being the t e r m " Quar t e r Sessions " to m e a n t h e Cour t of Q u a r t e r Sessions of t h e Peace statedly held a t Melbourne t he expression " Ju s t i ce of t he Peace " t o m e a n a Jus t i ce of t h e Peace for t he City of Melbourne t he t e r m " t he Mayor " to m e a n t h e Mayor of Me lbourne for t h e t ime being t h e word " C i t y " to m e a n the port ion or por t ions of t h e City of Me lbourne t o which th i s A c t is m a d e applicable a n d subject as aforesaid to t he contex t and to t he n a t u r e of the subject m a t t e r words impor t ing t h e s ingular n u m b e r are to be unders tood to apply to a p lura l i ty of persons or t h ings and words impor t ing t h e mascul ine gender are to be unders tood to apply to persons of t he feminine gender and the words impor t ing an individual a re to be unders tood to apply to a corporat ion or company or other body of persons .
4. A n d now generally for the purpose of r egu la t ing the bu i ld ing

a n d t h e rebui ld ing upon sites of former bui ld ings and t h e en la rg ing
and a l te r ing of all bu i ld ings of w h a t n a t u r e soever wi th in t h e l imits aforesaid Be it enacted wi th regard to every such bu i ld ing hereafter to be bui l t (except as here in otherwise provided) so far as relates to bui ld ing t h e same and wi th regard to every such bui ld ing e i ther

a l ready or hereafter bu i l t so far as re la tes to t h e rebui ld ing and the

en la rg ing or a l te r ing of t he same and t h a t whe the r such bui ld ings be

bui l t or rebui l t on old or new foundat ions or pa r t ly on old and pa r t ly
on new foundat ions Tha t every such bu i ld ing shall be bui l t rebui l t en larged or al tered in reference to the walls whe the r external or p a r t y Avails and to t h e n u m b e r and height of t h e stories or rooms there in and to t h e chimneys and to t he roofs and to t h e t imbers and to the projections and to any other pa r t s or appendages of every such bui ld ing in the m a n n e r and of the mater ia l s and in every other respect i n conformity wi th t he several par t icu la rs rules and directions which a re specified and set for th in t h e several Schedules B C D E E G H and I to th i s Act annexed according to t h e classes of bui ld ings and t h e ra tes of such classes to which such bui ld ings are by the Schedule B declared to belong subject never theless to any other rules and directions in th i s Ac t contained in t h e same behalf and subject in every case of doubt difference or dissatisfaction in respect thereof b e t w e e n any par t ies concerned to t h e de terminat ion of t he official referees upon a

reference of the m a t t e r in quest ion.
5. Provided always and be i t enacted wi th regard to any bu i ld ing

of wha tever k ind which is no t hereby expressly assigned to any class or r a t e of a class so far as relates to the appl icat ion of th i s Ac t t he re to

T h a t if any person be desirous of e rec t ing any bui ld ing which does n o t come wi th in any one of t he said classes or of any ra t e of such classes

t h e n such bui ld ings shall be bui l t in accordance wi th such class a n d r a t e as shal l be directed by the surveyor subject as in o the r cases of doubt difference or dissatisfaction to an appeal t o t h e official referees.

6. Prov ided always and be i t enacted w i t h regard to any bui ld i ng of w h a t e v e r class so far as relates to t h e modification of any

wr i t t en

cont rac t or a g r e e m e n t now in force for erect ing or a l te r ing such bui ld

ing (other t h a n a con t rac t or ag reement in t h e n a t u r e of a bu i ld ing lease) Tha t i t shall not be lawful to execute such cont rac t otherwise t h a n in conformity wi th t he provisions of th i s Ac t b u t i t shal l be law- ful for e i ther p a r t y and he is hereby ent i t led to deviate from such cont rac t so far as any p a r t thereof m a y remain to be executed a f t e r

th i s Ac t shall have come in to operat ion and the a l te ra t ions rendered

necessary by th i s Act shal l be performed as if t h i s A c t h a d been in

force w h e n such cont rac t was entered in to and t h a t if t h e par t ies there to shal l disagree about t h e difference of t he cost and expenses of t h e works w h e n performed according to t he provisions of th i s Act and t h e Avorks as s t ipula ted for in such cont rac t t h e n upon notice be ing

given

given in wr i t ing by one pa r ty to the other i t shall be lawful for either p a r t y and he is hereby en t i t l ed to refer t he ma t t e r to t he official referees who shal l de te rmine t he same and t h e award of such official referees shall be final and b ind ing on all t he par t ies and in all respects as if such award had formed pa r t of t he cont rac t and the cost of the reference shall be borne by all or any or ei ther of t h e par t ies in such

m a n n e r and propor t ions as t he official referees shall

appoint .

7. Provided always and be i t enacted wi th regard to any build i ng of whatever class so far as relates to t h e modification of any exist ing lease or agreement for a lease being of t he n a t u r e of a bu i ld ing lease whereby any person may be bound to erect bui ldings Tha t no twi th s tand ing any th ing herein contained if it be made to appear to the official referees t h a t any rules by th is Ac t prescribed will p reven t the

d u e observance of or be a t var iance wi th any such lease or agreement

and that t h e objects of this Ac t may be obtained by modifying such rules e i ther ent i rely or part ial ly in conformity wi th such lease or agreement t h e n it shall be lawful for t he said official referees by the i r award to author ize such modification and subject to such modification or in default thereof it shall be t he du ty of such person so bound to erect bu i ld ings and he is hereby requi red to erect every bu i ld ing agreed to
b e bui l t by such lease or agreement according to the condit ions

rendered necessary by th is Ac t in t he same or l ike m a n n e r as if th is Act had been passed and in operat ion a t the t ime of m a k i n g such lease or agreement and t h a t on t he complet ion of such works ci ther according to t he provisions of th i s Ac t or according t o such modifica t ion aforesaid and on giving to t he lessor and other owners of such bui ld ing fourteen days ' notice of Ins in tent ion to apply to t he official referees on th is behalf it shall be lawful for the lessee or t enan t and he is hereby ent i t led to requi re t he official referees to ascer tain what loss p resen t and prospective has been occasioned by the observance of the provisions of th i s Act and hav ing regard to t he respective t e rms and interes ts of t h e lessee or t e n a n t t h e lessor and other owners of such bui ld ing and hay ing regard to any profit benefit or advantage which may have accrued to such lessee or t e n a n t since the execut ion of

s u c h lease or agreement and which may appear to the said official

referees not to have been in t he contemplat ion of the par t ies to such lease or agreement at the t ime of such execut ion thereof as aforesaid to de te rmine whether he is ent i t led to any or wha t compensat ion whe the r by paymen t of money or reduct ion of r e n t or bo th or other wise and t h a t on receipt of such requis i t ion and on proof of due notice

thereof hav ing been given to the lessor and o ther owners of such

bui ld ing it shall be t h e du ty of such official referees and they are

hereby required to proceed to ascer ta in if a n y a n d what loss has b e e n so occasioned a n d hav ing regard as aforesaid to such t e rms a n d interest as aforesaid a n d to such profit benefit or advan tage as afore said to de termine if a n y and wha t compensat ion as aforesaid is to be paid in respect thereof a n d by w h o m the same i s to be paid and in

what propor t ions a n d the i r decision in t h e m a t t e r

shall be

final.

8. A n d for t h e purpose of p reven t ing the express provisions of

th is Act from h inder ing the adoption of improvements and for providing for t he adopt ion of expedients ei ther be t te r or equally well adapted to accomplish the purposes thereof Be it enacted w i t h regard to every bu i ld ing of whatever class so far as relates to t he modification of a n y ru les hereby prescribed Tha t if in t h e opinion of t h e surveyor a n d official referees t he rules of th i s Act imposed shall be inapplicable or will defeat t he objects of th is Ac t a n d t h a t by t h e adopt ion of a n y modification of such rules such objects will be a t ta ined ci ther be t te r or as effectually i t shall be t h e du ty of such surveyor a n d official referees to repor t the i r opinion thereon s ta t ing t h e g rounds of such the i r opinion

to
to t he Council of t he said city a n d tha t if on the invest igat ion thereof i t shall appear to t he Counci l tha t such opinion is well founded t h e n i t shall be lawful for t he Council to direct by by-law tha t such modi fication m a y be m a d e in such r u l e s as will in the opinion of the Council give effect to t h e purposes of th i s Act .
9. A n d be it enacted wi th regard to bui ld ings already bui l t so far

as relates to t h e rebui ld ing thereof in conformity wi th th is Act in respect to t h e required area or in any other respect t h a n t h e requi red he ight and th ickness of walls Tha t if a full compliance wi th t h e provisions of th is Ac t be a t tended by great loss and inconvenience t h e n subject to t he consent of t he official referees and to such t e rms a s t he said official referees may impose in t h a t behalf it shall be lawful for t h e par t ies concerned to rebui ld such bui ld ings on t h e site of t he old bui ld ings as

near as may be pract icable b u t so t ha t never theless bo th t h e p a r t y
walls and t h e external walls be of the requi red he ight and th ickness .
10. A n d be it enacted wi th regard to t h e works to be executed in pu r suance of th is Act so far as relates to t h e supervision thereof by t h e surveyors T h a t wi th in four days before t h e following acts or events tha t is to say before any bui ld ing shal l be b e g u n to be bui l t and also before any addit ion or a l te ra t ion which by th is Ac t is placed under the supervision of t he surveyor s h a l l be made to any bui ld ing and also before any pa r ty wall ex terna l wall chimney stack or flues shall be begun to be bui l t pul led down rebuilt cut in to or al tered and also before any opening shall be made in any p a r t y Avail and also before any other m a t t e r or t h i n g shall be d o n e w h i c h by the A c t is placed unde r the supervision of t h e surveyor except as hereinafter provided it shall be t h e du ty of t he bui lder ( b y wh ich t e r m is t o be unders tood both in th i s provision and e l s e w h e r e t h r o u g h o u t th i s Act t he m a s t e r bui lder or other person employed to execute a n y work or if there be no mas te r bui lder or o t h e r p e r s o n so employed then t h e owner of t he bu i ld ing or other person for w h o m or by whose order such w o r k is to be done) and he is hereby requi red to give to t h e surveyor at his office not ice in t he t e r m s specified in t he form (No. 1) contained in Schedule K annexed to th i s Act o r t o t h e l ike effect and t h a t if any bui lder neglect t o g i v e such n o t i c e or begin to bui ld or do any of t he th ings aforesaid be fo re s u c h notice or before t he expira t ion of such period of four days t hen and in every such case t h e pa r ty offending shall for every s u c h default forfei t and pay to such surveyor t reble t he amoun t of fees which s u c h surveyor w o u l d have been ent i t led

to receive for his supervision a n d inspection of the same and shall also

forfeit for every s u c h default a s u m of twen ty pounds and t h a t if for

any period exceeding th ree m o n t h s any bui lder having duly b e g u n

any bu i ld ing requ i r ing compliance wi th the provisions of th is A c t
suspend the progress of s u c h bui ld ing and again go on w i t h t h e same or if du r ing the progress thereof t he bui lder be changed then two days before such bui lder shall en ter u p o n t h e performance of t h e work it shall be t he du ty of such bui lder to give notice to t h e surveyor a n d such notices m u s t be in t h e t e rms specified in the forms (Nos. 2 a n d 3) contained in Schedule K annexed to th i s Ac t or to t he l ike effect and m u s t be given to t he surveyor or left a t t he surveyor ' s office in l ike m a n n e r as is requi red upon beg inn ing any neAV bui ld ing and t h a t if any builder m a k e default o r neglect to give or leaA'e such not ice he shall forfeit for every such offence a s u m of twen ty pounds and t h a t
i f any such bui ld ing chimney or Avail be begun to be bui l t pulled doAvn
rebui l t cut into or a l tered a s aforesaid or be proceeded wi th after any suspension of t h e p r o g r e s s thereof before such notice has been given or i f such surveyor o r t h e official r e f e r ee s be refused admi t tance to inspect the premises then s u c h bui ld ing o r w o r k shall be liable to be abated as a nuisance unde r the p r o v i s i o n s herein contained Provided always

tha t

t h a t if by reason of any emergency any act, m a t t e r o r filing placed under the supervision of the surveyor be requi red to be done imme diately or before notice can be given to the surveyor t hen it shall be lawful for the bui lder or any person to do such act m a t t e r o r t h i n g so

requis i te b u t

upon th i s condit ion that wi th in forty-eight

hours

after

beg inn ing to execute such work notice thereof be given to t he surveyor.

1 1 . A n d be it enacted with regard to such bui ldings and works

so far as re la tes to t he supervision thereof Tha t if in bui ld ing pu l l ing down rebu i ld ing cu t t ing into or a l te r ing any par t of any bu i ld ing or pa r ty wall or external wall or chimney stack or l ine or any work or o ther t h i n g to be done contrary to or not conformably wi th t he rules and direct ions of th i s Act then for thwith it shall be the duty of the surveyor and he is hereby requi red to give forty-eight hou r s notice according to the form (No. 1 ) in Schedule K annexed to t h i s Act or to the l ike effect to the bui lder foreman or pr incipal w o r k m a n on the premises to amend any such i r regular i ty which he shall deem to have

been commit ted and for thwith after t h e expira t ion of such notice to

proceed to inspect t he work and tha t if the work be so far advanced t h a t he cannot ascer ta in whe ther the i r regular i ty has been commit ted or not or exist or not then it shall be lawful for h im a n d he is hereby empowered to order any work to be cut into laid open or pul led down which shall in his opinion prevent his ascer ta in ing whether any such i r regular i ty exists or not and t h a t if wi th in forty-eight hour s the bui lder to whom any such notice shall have been given refuse or fail to amend any i r regular work or if any such bui lder when ordered by the surveyor refuse to cut in to lay open or pul l down any work which shall in his opinion prevent his ascer ta in ing whe the r such i r regular work exists or not then as soon as conveniently shall be it shall be t he du ty of t h e surveyor to give informat ion thereof to t he official referees and t h a t upon t h e receipt of such informat ion i t shall be the d u t y of such official referees and they arc hereby required to pro ceed to hear t h e m a t t e r and if any breach of t he rules regula t ions and directions of th i s Act be found to have been commit ted or if the re appear good reason to suppose any such breach has been commit ted and is concealed then i t shall be lawful for t he official referees and they are hereby author ized to direct by the i r award t h a t such bui ld ing par ty wall ex te rna l wall ch imney stack flue or o ther t h i n g or such pa r t thereof as t hey shall deem necessary shall be amended removed cut in to laid open or pul led down and t h a t all t h e costs charges and expenses of t h e said work and of the said appl icat ion to the official referees shall be borne

by such par t ies as t he official referees shall determine.

12. A n d be i t enacted w i t h regard to bui ldings and works so far

as relates to the en t ry the reon for t he supervision thereof T h a t a t

all

t imes du r ing t h e progress of any operat ions in respect thereof wi th in t h e mean ing of th i s Ac t i t shall be lawful for t he surveyor and for t he official referees and they are hereby respectively author ized to enter upon the premises upon which such operations have been commenced and t h a t if at any t ime whils t any bui ld ing is in course of const ruct ion demoli t ion a l te ra t ion or re-construct ion any person refuse to admi t the surveyor or the official referees authorized unde r this Ac t du r ing the cus tomary work ing hours to inspect such bui ld ing or any person refuse; or neglect to afford such surveyor or official referees every assistance 1 or information which may be reasonably required in and about such inspect ion t h e n i n every s u c h case on conviction thereof t he party offending shall forfeit for every s u c h offence a s u m not exceeding twenty pounds and tha t if at any t ime du r ing s u c h cus tomary work ing hou r s t he surveyor or t he official referees be refused admi t t ance to m a k e inspection of any work then for t h a t purpose it shaft be lawful for such surveyor o r for such official referees and they are; hereby

empowered
empowered accompanied by a constable or peace officer to enter upon
the g round bui ld ing and premises where t he same shall be.
13 . A n d for t he purpose of more effectually enforcing the

observance of the provisions of th i s A c t Be i t enacted wi th regard to
any bui ld ings t imber bui ld ings ch imneys and flues pa r ty walls par ty fence walls ex terna l walls and projections and every o ther pa r t oi every bui ld ing of every class or r a t e of any class which shall be here after bu i l t rebui l t enlarged or al tered wi th in t h e said ci ty contrary to t he provisions hereof so far as relates to the removal thereof T h a t if t h e same be no t bui l t rebui l t enlarged or al tered in the m a n n e r a n d of t he mater ia l s and in every o ther respect according to and in conformity wi th t he several rules and directions which a re in th i s Act par t icu lar ly specified and if any person build or begin to bui ld or cause the bu i ld ing or beg inn ing to bui ld or a l ter or cause to be altered or use or cause to be used any pa r t of any ground or bu i ld ing projection or o ther t h i n g cont rary the reun to and if in e i ther of such cases it so appear by t he certificate of t h e official referees t h e n t h e said bu i ld ing projection or o ther t h i n g or such par t thereof so i r regular ly bui l t or b e g u n to be bui l t or so i r regular ly a l tered or begun to be al tered or so used shal l be deemed a nuisance and t h a t t he r eupon it shal l be the du ty of t he surveyor and he is hereby directed a n d required to s u m m o n the bui lder before any two Jus t i ces of the Peace and tha t if a t t he t ime and place appointed in such s u m m o n s such bui lder fail to appear t h e n it shal l be lawful for t he said Jus t ices and they are hereby author ized to issue a war r an t unde r the i r hands a n d seals to compel such bui lder to appear before such Jus t ices or any o ther two Jus t i ces and tha t t he reupon it shall be the du ty of such bui lder and he is hereby required to en te r in to a recognizance in such s u m as t he said Jus t i ces shall appoint for aba t ing and t ak ing down t h e same wi th in such convenient t ime as t h e said Jus t ices shall respectively appoint or otherwise for amend ing t h e same according to such rules and direct ions as are here in contained and also for pay ing the costs charges and expenses incur red by the surveyor in lay ing the informa t ion a n d obta in ing the convict ion inc lud ing such compensat ion for t he surveyor ' s loss of t ime as t he said Jus t i ces shall t h i n k fit and t h a t if t h e pa r ty so requi red fail to en te r in to such recognizance t hen it shall be lawful for e i ther of such Jus t ices or any Jus t i ce and they are hereby requi red to commit such bui lder t o t h e common gaol there to r ema in wi thou t bail or mainpr ize u n t i l he shall have entered in to such recog nizance as aforesaid or un t i l such i r regular bu i ld ing shall have been

be abated or demolished by order of such Jus t i ces respectively (which abated or demolished or otherwise amended or un t i l such nuisance shall

order t h e said Jus t i ces a re hereby empowered and required to make; for thwith) and un t i l t h e costs charges and expenses thereof and of all operat ions and proceedings in re la t ion the re to shall have been paid and fur ther t h a t if appl icat ion be m a d e to any two or more Jus t ices t h e n the reupon it shall be the i r du ty and they are hereby empowered a n d requi red to order t he surveyor or any other person to abate or demolish such nuisance and to order t he persons authorized by t h e m so to abate or demolish t h e same to sell and dispose t h e mater ia ls thereof and out of t he moneys ar is ing by such sale to pay themselves a n d all persons by t h e m employed for such purpose t he r easonab le charges for aba t ing or demolishing such nuisance a n d also such costs and expenses as aforesaid and to pay the surp lus moneys ar is ing by such sale (if any) to such owner of t h e bu i ld ing as t h e official referees shal l determine to be ent i t led the re to and t h a t if the moneys ar is ing by such sale be not sufficient to pay such charges t hen i t shall be t he du ty of t he person ent i t led to t he immediate possession of such bui ld ing or the occupier t o m a k e good the deficiency subject

to

t o r e imbursement as hereinafter provided and if he fail t hen he shall he l iable to t h e same remedies for t h e recovery thereof as are by this

A c t provided concern ing the expense of t ak ing down ru inous	bui ld ings
and p u t t i n g u p boards for t h e safety of	passengers .

14. A n d be it enacted w i t h regard to any bui ld ings or work so far as relates to t h e non-observance of t he provisions of th i s Ac t in t h a t behalf by workmen and others Tha t if any w o r k m a n laborer servant or other person employed in any bui ld ing or in t he a l tera t ion f i t t ing u p or decoration of any bui ld ing wilfully and wi thou t the direction pr iv i ty or consent of t h e person caus ing such work to be done do a n y t h i n g hi or about such bui ld ing cont ra ry to t h e rules and direct ions of th i s A c t t h e n upon conviction thereof before any two Jus t ices of t he Peace upon the oath of one or more credible witness or witnesses (which oath the said Jus t i ces are hereby empowered and required to adminis ter ) every such offender shall he liable to forfeit for every such offence a sum no t exceeding live pounds and t h a t if upon or immedia te ly after such conviction any such forfeiture be not paid then it shal l he t he du ty of any two Jus t ices of the Peace to w h o m appl icat ion shall be made to commit t he offenders by w a r r a n t unde r

t he h a n d and seal of such Jus t i ces to t h e common

gaol for any t e r m

not exceeding three mon ths a t t he discretion of such Jus t i ces .

15 . A n d forasmuch as from t ime to t ime occasion will hereafter arise to execute t he following works in relat ion to adjoining bui ld ings and premises pa r ted by t h e same pa r ty wall or fence wall but be longing to different owners or occupied by different persons or to bu i ld ings in te rmixed belonging to different owners or occupied by different persons name ly—The repara t ion of t he par ty walls by which such premises shall he par ted t h e pul l ing down and rebui ld ing of such par ty walls the ra is ing of such pa r ty walls the repara t ion of par ty fence walls t h e rebui ld ing of such par ty fence walls t he rais ing of such p a r t y fence walls the pul l ing down of t imber par t i t ions which

p a r t bu i ld ings t he proper ty of different owners or occupied by

different

persons and bui ld ing in lieu thereof proper par ty walls t h e pu l l ing down of bui ld ings bui l t over or upon publ ic ways or hav ing rooms or stories t he p roper ty of different persons or occupied by different persons ly ing in termixed for the purpose of bu i ld ing proper par ty walls or pa r ty a rches and general ly the performance of o ther necessary works incident to t h e connection of such par ty walls or p a r t y fence walls w i th t he premises adjoining it is expedient t o m a k e provision as

well for faci l i tat ing the execution of such works by any such owner

desirous to execute t he same (who is here in denominated the " bu i ld ing

owner" ) as for p ro tec t ing t he interests of t h e owner of t h e adjoining premises (who is herein denominated t he "ad jo in ing owner" ) now for t h a t purpose Be i t enacted wi th regard to all premises par ted by a pa r ty wal l or pa r ty fence wall or par ted by t imber par t i t ions and wi th regard to all in te rmixed propert ies not so par ted so far as relates to t h e execut ion of any such works by any owner of any such premises Tha t if t he adjoining owner shall have consented there to or if w i thou t such consent t he required notice of such work shall have been given by or on t he pa r t of t he bu i ld ing owner to such adjoining owner t hen subject to such modification as shall be m a d e by v i r tue of t h e provision in t h a t behalf and subject to the provision for supplying t h e w a n t of consent of the owners and subject moreover to t he respective conditions hereby prescribed wi th regard to such works respectively as well as to t he payment of t he costs of such works and to t h e sanct ion or to t h e award of t he surveyor or of t he official referees as hereby prescribed in reference there to it shall be lawful for every such bu i ld ing owner and he is hereby author ized and required to execute such works .

2 x — V O L . 3. 10.
10. A n d be it enacted wi th regard to such works so far as relates to t he not ice thereof Tha t unless t h e adjoining owner consent there to i t shall no t be lawful for the " bu i ld ing owner" to execute such works u n t i l he have given not ice thereof to such " adjoining owner"

and every such notice wi th r ega rd to t he pu l l ing down rebui ld ing or
repa i r ing of p a r t y walls or pa r ty fence walls m u s t be given th ree mon ths at t h e least before t he work is commenced and every such not ice wi th r ega rd to pu l l ing down and rebui ld ing in te rmixed Avails and t imber

par t i t ions mus t be in the form or to t h e effect of t h e notice (No. 6)
for t h a t purpose conta ined in Schedule K he reun to annexed.
17. A n d be it enac ted with regard to every such work so far as relates to t he modification thereof in order to render it sui table to t he premises of t he adjoining owner or his t e n a n t Tha t if t he adjoining owner a t any t i m e wi th in two m o n t h s after t h e receipt of the said not ice from the bu i ld ing owner give not ice of his desire t h a t any modification be made in the work so as to render it sui table to his premises according to t he form (No. 10) in Schedule K he reun to annexed or to t he like effect t hen wi th in seven days after t he receipt of such not ice it shall be t he du ty of t he bu i ld ing owner and he is hereby requi red to signify his consent to or dissent from such modi fication or delay and t h a t if t h e bu i ld ing owner dissent from or do no t wi th in such seven days signify his consent to such modification then it shall be lawful for t he adjoining owner and he is hereby ent i t led to requi re t h e bu i ld ing owner not to commence the work un t i l t h e official referees shal l have de termined the reon and t h a t if w i th in seven days thereaf ter appl ica t ion be made in wr i t ing to t he official referees according to the form (No. 17) in Schedule K he reun to annexed or to the l ike effect and not ice thereof be given to t h e bu i ld ing owner according to t he o ther form (No. 18) t h e n wi th in t en days after such appl ica t ion i t shal l be t h e du ty of t he official referees to signify the i r decision the reon and it shall be t he du ty of t h e bu i ld ing owner not to commence t h e work t i l l t h e decision of such official referees shal l have been given and t h a t if wi th in t h e period of t h ree m o n t h s from the date of t h e first not ice such adjoining owner do no t m a k e any objection or any requis i t ion in conformity wi th th i s enac tmen t t h e n subject to t h e provisions of th i s Ac t wi th regard to such works it shal l be lawful for t h e bu i ld ing owner and he is hereby author ized to proceed to execute t h e same.
18 . A n d be i t enacted w i t h regard to every such work so far

t h e premises or to t h e convenience of t h e adjoining owner or his t enan t as relates to t h e modification thereof in order to render i t sui table to

Tha t if the adjoining owner at any t ime wi th in th ree m o n t h s after the receipt of t h e said not ice from the bu i ld ing owner give not ice of his desire t h a t t h e work be delayed so as to cause i t to be executed a t a more seasonable or a more convenient t ime in reference to the business or to t he family or domest ic a r r angemen t s of such adjoining owner or his t e n a n t s according to t h e form (No. 10) in Schedule K he reun to annexed or to t he l ike effect t h e n wi th in seven days after t he receipt of t h e not ice thereof i t shall be t he du ty of t he bu i ld ing owner and he is hereby requi red to signify his consent to or dissent from such modifica t ion or delay and t h a t if the bu i ld ing owner do no t wi th in such seven days signify his consent to such modification or delay t h e n i t shall be lawful for t he adjoining owner and he is hereby ent i t led to requi re t h e bu i ld ing owner to delay t he work u n t i l t he official referees shall have determined the reon a n d t h a t if wi th in seven days thereaf ter applicat ion be made in wr i t ing to t he official referees according to t he form (No. 17) in Schedule K he reun to annexed or to t h e l ike effect and notice thereof be given to t h e bui ld ing owner according to t h e o ther form (No. 18) t h e n wi th in t en days after such applicat ion it shall be t h e du ty of the

official

official referees to signify the i r decision thereon and i t shal l he t h e du ty of t h e bu i ld ing owner to delay t he same t i l l t h e decision of such official

referees

shall have been given and t h a t if wi th in t he per iod of th ree

m o n t h s from the date of t h e	first	not ice such adjoining owner do not
m a k e any objection	or any	requis i t ion in conformity wi th th i s enact

m e n t t hen subject t o t he provisions of th i s Ac t w i th regard to such works it shal l be lawful for t he bu i ld ing owner a n d h e is hereby au thor ized to proceed to execute t h e same.

19. A n d be i t enacted wi th regard to any such works hereby au thor ized to be done in re la t ion to pa r ty walls p a r t y arches pa r ty fence wal ls or such o ther s t ruc tu res be longing to the owner of adjoining bui ld ings or p a r t y adjoining premises so far as relates to supplying the wan t of consent of the adjoining owners Tha t if t h e adjoining premises be unoccupied or if t he owner thereof cannot be found or if t he owner a l though found cannot by reason of legal disabili ty or other wise consent to t he work or if the owner will no t consent there to or if differences arise amongs t t he par t ies concerned t h e n the not ice required to be given in respect of such work m u s t be served on bo th t h e sur veyor and on t h e official referees in addi t ion to such o ther par t ies ent i t led to not ice unde r t h e A c t upon w h o m such not ice can be served which m u s t be according to t he form (No. 7) in Schedule K hereun to annexed or to t h e l ike effect and t h a t for thwith on t h e receipt of such not ice it shall be the du ty of t h e surveyor and he is hereby requi red to give not ice to t h e par t ies by w h o m such work is to be executed and to any one or more surveyors or other agents by t h e m appoin ted as to t h e day and hour when he will view t h e premises according to the form (No. 8) in Schedule K he reun to annexed or to t he l ike effect a n d a t such t i m e it shall be t h e du ty of t he surveyor and he is hereby author ized to proceed to inspect such premises accordingly and to certify to t he official referees—First whe ther such work ought to be done or no t secondly if t he same ought to be done whe the r it ough t

to be done in

t he

proposed m a n n e r and

th i rd ly t h e site

whereon the

p a r t y wall should be bui l t and wi th regard to in te rmixed bui ldings what p a r t y arches m a y be necessary over or under any rooms of such bui ld ings so in tended to be rebui l t and four thly t he quan t i t y of the soil or g round or o ther pa r t s of the premises (if any) necessary to be laid to or t aken from the house of t h e person desirous to rebui ld to the house of the person p e r m i t t i n g h i m to erect a pa r ty wall or pa r ty arch and fifthly t h e compensat ion (if any) which should be made and paid by ei ther t he bu i ld ing owner or

adjoining owner to t h e o ther in l ieu of t he lessening ci ther of t he said
bui ld ings by such pa r ty wall or p a r t y arch or as a satisfaction for such

other injury (if any) as shall be done or occasioned thereby to any of t he said par t ies a n d t h a t upon t h e receipt of such certificate it shall be the du ty of t h e official referees and they are hereby requi red to cause notice thereof to be given to t h e par t ies or to such of t h e m as are known and t h a t if w i th in seven days after such, not ice to t h e par ties t h e certificate be not appealed agains t and if t he official referees be of opinion t h a t t he work is proper to he done and t h e compensat ion is fair t h e n it shall be lawful for t he official referees to confirm such certificate and to author ize t h e bu i ld ing owner to proceed wi th the work as if t h e consent of t he adjoining owner had been obtained and t h a t if any pa r ty concerned shall appeal agains t t he certificate of t h e surveyor as to t h e work to be done or as to t he compensat ion or as to any o ther m a t t e r referred to in such certificate in pu r suance of t h e above provisions t h e n i t shall be t he du ty of the official referees and they are hereby requi red to appoin t one of thei r n u m b e r to survey the bu i ld ing in quest ion and t h a t for t h a t purpose it shall be t he du ty of t he official referee so appointed and he is hereby requi red to give

notice
not ice to t h e par t ies and to any one or more surveyors or other agents by t h e m appointed as to the t ime when he will view the premises a n d t h a t at such t ime it shall he t h e du ty of such referee and he is hereby au thor ized to view such premises accordingly and to inqu i re in to t h e m a t t e r s appealed agains t and to certify to t he official referees his opinion the reon and t h a t upon such certificate be ing m a d e i t shall be lawful for t he official referees to m a k e the i r award thereby either con firming or revers ing or modifying as to t h e m t h e case may seem to requi re t h e certificate of t he surveyor and appoin t ing by whom and in w h a t p ropor t ion t h e expenses of t he surveys and of t h e reports thereon are to be paid and such award shal l be final and conclusive and wi th regard to any works by such award author ized so far as relates to t h e proceedings of the bu i ld ing owner t h a t if upon t h e m a k i n g of t h e award the period of the notices by th i s Ac t prescr ibed wi th regard to works of t ha t n a t u r e have elapsed t h e n immediate ly u p o n the m a k i n g of t h e award b u t if such periods have not elapsed t hen as soon after t he m a k i n g of t he award as such period shal l have elapsed i t shall be lawful for t he bu i ld ing owner his agents servants and w o r k m e n to proceed to execute t he work.
20. A n d be it enacted wi th regard to any p a r t y wall pa r ty arch or ex te rna l wal l used wholly or in pa r t as a pa r ty fence Avail so far as re la tes to t h e repara t ion and rebui ld ing thereof at t he jo in t expense of t he owners of t he bui ld ings pa r ted the reby Tha t if such p a r t y s t ruc t u r e be so defective or so far out of repai r as to render it necessary to pu l l down and rebui ld t he same or any pa r t thereof t h e n on not ice be ing given by the Owner of one of t h e bui ld ings to the adjoining owner according to t he form (No. (3) in Schedule K he reun to annexed or to t he l ike effect it shall be lawful for t he bu i ld ing owner to requ i re a survey certificate and award au thor iz ing the execut ion of such repara t ion or rebui ld ing according to t h e provisions hereinbefore conta ined

in t h a t behalf.
2 1 . A n d be it enacted wi th regard to sound pa r ty Avails so far

as relates to t h e rebui ld ing thereof at t h e expense of t he bu i ld ing owner That if t he owner of one of the bu i ld ings desire to rebuild such pa r ty Avail t h e n on giving to t he adjoining owner t he requi red notice according to t he form (No. 12) in Schedule K he reun to annexed or to t he l ike effect it shall be lawful for such bui ld ing owner and he is hereby ent i t led to pu l l down and rebui ld such p a r t y Avail b u t u p o n condi t ion t h a t he do re ins ta te and m a k e good all t he in te rna l finish ings and decorat ions of t h e adjoining premises a n d pay all t he costs

and charges thereof and also all t he expenses incidental to t he execut ion

of t h e work inc lud ing the re in t he fees and expenses of the survey a n d

t h e fees of t h e surveyor and any fees in respect of any services per formed by t h e official referees a n d also such reasonable compensat ion as to t h e said official referees m a y seem proper for any loss which the adjoining owner shall have incurred by reason of such work.
22. A n d be i t enacted wi th regard to any pa r ty Avail so far as

t h e rebui ld ing thereof Tha t if t he owner of one of t h e bui ld ings
pa r ted by such pa r ty Avail rebui ld such bui ld ing of a h igher r a t e and do no t pu l l down such pa r ty Avail and bui ld a proper Avail in l ieu thereof t hen i t shall be his du ty and he is hereby requi red to bui ld u p an ex te rna l Avail against such pa r ty Avail.
23. A n d be it enacted wi th regard to an ex te rna l Avail bu i l t agains t a p a r t y Avail so far as relates to t he operat ions incident there to and to the m a k i n g good any damage occasioned the reby Tha t if it be necessary to excavate or dig out the g round aga ins t t he Avail of any adjoining bu i ld ing for t h e purpose of e rec t ing a Avail the reon or for

any other purpose t hen i t shal l be lawful for t h e bu i ld ing owner a n d

he is hereby ent i t led so to do b u t upon condit ion t h a t t he said bu i ld ing
owner

owner do at h is own costs shore u p and underp in such wal l or such p a r t s thereof to i ts full th ickness and to t h e full depth of such excava t ion w i t h good sound bricks or stone and tiles or slates bedded in cement or w i th other proper and sufficient mater ia ls and such u n d e r p i n n i n g to be done in a workmanl ike and subs tan t ia l m a n n e r and t h a t if for the purpose of erect ing such external wall i t be necessary to cut away p a r t of t h e loot ings of such pa r ty wall on t he side n e x t to t he wall so to be bui l t and any p a r t of t he ch imney breas t s a n d chimney shafts belonging to t h e bu i ld ing about to be rebui l t as shall project beyond the vertical face of such p a r t y wall in t he lowest floor thereof t hen in giving not ice of such in ten t ion in wr i t ing to t h e owner of t he adjoining bui lding a t least one m o n t h before commenc ing operat ion according to t he form ( N O . 13) in Schedule K he reun to annexed or to t h e like effect and on the expira t ion of such notice it shall be lawful for the bu i ld ing owner and he is hereby author ized to cut away such por t ion of t he footings breasts and chimney shafts aforesaid b u t so t h a t the same be done and the brick or s tone work where cut be aga in made good in cement or other approved mater ia l under the super in tendence and to t h e satisfaction of the surveyor.

24 . Provided always and be it enacted wi th regard to such pa r ty wall so far as relates to the m a k i n g good of any such damage That if it be so damaged and injured by such cu t t i ng away as in the opinion of t h e adjoining owner or occupier to be ru inous or dangerous t h e n u p o n appl icat ion for t h a t purpose it shall be t he du ty of the surveyor and he is hereby required to survey such wall and if upon the survey thereof it be found ru inous or dangerous t hen to condemn it, ami tha t the reupon it shall be t he du ty of t he bu i ld ing owner to pu l l down and rebui ld such pa r ty wal l and t h a t if in t he opinion of t he surveyor or an appeal of t he official referees such damage or in jury shal l have been occasioned by wan t of due care on the par t of t he bu i ld ing owner t hen it shall be the du ty of such bui ld ing owner and h e is hereby requi red to pu l l down and rebui ld such p a r t y wal l and t h a t a t his own cost and charges inc luding there in all the costs and expenses incident to such survey and the pu l l ing down and rebui ld ing of such p a r t y wall and t h e re ins ta t ing and m a k i n g good all t h e in te rna l finishings and decorat ions damaged thereby and t hat if t he owner of t he bu i ld ing to be rebui l t do not proceed with all due dispatch to pull down and rebui ld such pa r ty wall and to re ins ta te and m a k e good all the in t e rna l finishings and decorations of t he adjoining premises and
to pay t h e costs and charges and expenses of t he survey then it shall
be lawful for t he adjoining owner so to do and he is hereby enti t led to
recover all t h e costs and expenses in respect thereof from such bu i ld ing owner his heirs executors adminis t ra tors or assigns toge ther w i t h such reasonable compensat ion as to the said official referees m a y seem proper for any loss which the adjoining owner shall have incurred by reason of such work.
25. A n d be it enacted wi th regard to any sound pa r ty wall against winch an ex te rna l wall shall have been bu i l t and which shall have been suffered to r emain so far as re la tes to t he rebui ld ing thereof Tha t if while such pa r ty Avail cont inues sound the adjoining bui ld ing be pul led down or rebui l t and such pa r ty wall be pulled down t h e n t h e owner of such adjoining bui ld ing shall no t be enti t led to more t h a n his j u s t p ropor t ion of t h e mater ia l s thereof nor to more t h a n his j u s t

p ropor t ion of t he g round on which said pa r ty wall was bui l t nor
shal l he bui ld on more t h a n his jus t proport ion of the said g round unless he shal l have agreed wi th and satisfied t he owner of t h e build i n g so previously rebui l t for his half thereof and t h a t if the said owners cannot agree concerning the division of such mate r ia l s or of such
ground
ground or of the bu i ld ing the reon or concerning t h e r e imbursement of the p a r t y first rebui ld ing as aforesaid t hen t h e price and all ma t te r s in difference inc luding t h e sale and purchase of t he g round in quest ion shall be set t led by a reference to t he official referees whose award shall be final.

26. A n d be i t enac ted w i t h regard to every bui ld ing hereafter

to be bui l t so far as relates to t he ra is ing thereof Tha t i t shall be

lawful to raise any bu i ld ing so t h a t never theless t he pa r ty and ex terna l

walls a n d ch imneys thereof w h e n so raised be of t h e mater ia l s and of
t h e several he igh ts and thicknesses hereinbefore described for pa r ty and external walls and chimneys of the r a t e such bui ld ing shall be of when so raised and with regard to bui ld ings already bui l t so far as relates to t h e ra is ing thereof tha t a l t hough the walls of such bui ld ings be not of t he th ickness prescr ibed by t h e A c t if in t h e opinion of t he surveyor such walls be sufficiently secure to allow of t h e ra is ing thereof t h e n i t shal l be lawful t o raise any such bu i ld ing already bu i l t t o an addit ional he igh t not exceeding ten feet a n d wi th regard to any build ing adjoining one which shall be raised so far as relates to t h e ra i s ing of t h e ch imneys thereof t ha t if any bui ld ing be raised it shall be t h e du ty of t he owner of such bu i ld ing and he is hereby required to bu i ld u p at his own expense t h e pa r ty wal l be tween his own and any adjoining bu i ld ing and all flues and ch imney stacks be longing there to and w i t h regard to any bu i ld ing raised so far as relates to t h e use thereof by t h e adjoining owner t h a t if a t any t ime the owner of any such adjoining bu i ld ing m a k e use of any por t ion of t he p a r t raised of such p a r t y Avail by bui ld ing agains t i t or otherwise i t shal l be lawful for t he owner of t he premises so first raised to claim and he is hereby ent i t led to recover t h e cost of a p ropor t iona te pa r t of t h e port ion which shall be so used toge ther w i th t h e cost of such pa r t s of t h e ch imney stack as belong the re to t he same to be assessed by t h e

official referees in m a n n e r hereinbefore required.
27. A n d be it enacted w i t h r ega rd to p a r t y fence Avails by which t e r m is to be unders tood any b o u n d a r y Avail pa r t i ng the g round be longing to different owners or occupied by different persons which so far as regards t he th ickness thereof shal l s tand u p o n g round not wholly be longing to t he same owner wi th respect to t he repara t ion and rebui ld ing and raising; thereof Tha t if the owner of any of the premises pa r t ed thereby give one m o n t h ' s notice of his in ten t ion to the adjoining owner to repair pu l l down and rebui ld the same it shall be lawful for h i m so to do a n d if t he Avail be below t h e he ight of

n ine feet from t h e g round on ei ther side t hen ei ther to raise i t to t h a t height or pu l l it down and to rebui ld it to t ha t he ight b u t upon

condit ion t h a t he do pay all t h e expenses thereof and t h a t if a bu i ld ing be to be erected against such p a r t y fence Avail and such Avail be not conformable to t he requisi tes prescribed for a p roper pa r ty wall for a bu i ld ing of t h a t class and r a t e t h e n it shal l be lawful for t he bu i ld ing owner and he is he reby enti t led to pul l down such pa r ty fence Avail b u t upon condit ion t h a t he do pay all t h e expenses thereof and also t h a t he do m a k e good every damage which shall accrue to such adjoining premises by such rebu i ld ing Provided always w i t h r ega rd to t he expense of so pu l l ing down such p a r t y fence wall and rebui ld ing t h e same t h a t if thereaf ter t h e adjoining owner use such p a r t y fence wal l for any purpose to which if i t had no t been pul led down and rebu i l t i t would not have been applicable t hen to such extent as such ad jo in ing owner shall so use such wall t h e bu i ld ing owner shall be ent i t led to be re imbursed the expenses of so pu l l ing down and rebui ld ing such wall Provided also wi th regard to any such pa r ty fence Avail so far as relates to t he l imi ta t ion of t he he ight thereof t h a t if any p a r t y desire to raise such wall so as to screen from view any

offensive

offensive object or ne ighbourhood t h e n on applicat ion to t he surveyor it shall be lawful for h im to author ize such work bu t not so as to obs t ruc t t h e free c i rculat ion of the air or to injure the proper ty adjoining to or in the neighbour-hood of such wall Provided fur ther t h a t no th ing contained in th i s Act shall be const rued to give t he owner of any adjoining land t h e power of repa i r ing pul l ing down rebui ld ing or otherwise in terfer ing wi th any pa r ty fence wall or boundary wall s t and ing upon land solely be longing to any other person or persons.

28. A n d be it enacted w i t h regard to t h e pa r ty t imber pa r ty

l a t h and plas ter or pa r ty br ick-nogged par t i t ions of exis t ing bui ld ings be longing to different owners so far as relates to t he pul l ing down thereof and any Avail under or over t he same That if one of t he build ings be rebui l t or if one of the fronts of any such bu i ld ing be taken down to t he he ight of one story or for a space equal to one-fourth of such front from t h e level of t he second floor upwards t h e n wi thou t the consent of t he adjoining owner bu t upon giving t h e requis i te notice according to the forms (Nos. 9 10 11) in Schedule K hereunto annexed or to t h e l ike effect it shall be t h e duty of the; bui lding owner and he is hereby requi red to pul l down such t imber l a th and plas ter or brick- nogged par t i t ions and the Avail under or over the same and in lieu thereof to bui ld a p roper pa r ty Avail and tha t at t he expense of t he owners of all t h e premises par ted thereby .

29. A n d be it enacted wi th r ega rd to bui ld ings bui l t over publ ic

ways or having rooms or stories t he proper ty of different persons lying in t e rmixed so far as relates to the pu l l ing down and laying t h e par ts thereof to each o ther Tha t if a pa r ty wall or pa r ty a rch cannot be bui l t wi thout pu l l ing down such bui ld ings and so laying the par ts thereof to each o ther and if in default of t he consent of all proper par t ies t h e official referees au thor ize such works t h e n it shall be lawful for t h e owner of e i ther of the said bui ld ings to execute t he same bu t so t h a t t h e p a r t y Avails or par ty arches be conformable to the provisions of th i s Ac t and t h e directions of the said official referees in the i r

award m a d e in t h a t

behalf.

30. A n d be i t enacted wi th regard to bui ld ings divided into rooms or chambers offices or coun t ing houses let out or to be let in separate suites or sets so far as relates to t he bu i ld ing of p a r t y walls Tha t the Avails or divisions be tween the several rooms and chambers in such bui ldings be longing to and communica t ing wi th each separate; and dis t inct staircase shall be deemed to be par ty Avails wi thin t he m e a n i n g of th i s Ac t and as such m u s t be bui l t in conformity wi th the

regula t ions and clauses herein conta ined re la t ing to p a r t y

walls.

3 1 . A n d for t he purpose of faci l i ta t ing and power of regu la t

ing t he execut ion of any works author ized by th is Ac t or by any award in pur suance thereof in respect of any p a r t y Avail or par ty a rch p a r t i n g t he bui ld ings or grounds be longing to different owners or in t he occupat ion of different persons or in respect of in te rmixed bui ld ings Be it enacted wi th r ega rd to any such works so far as relates to the power to enter t h e adjoining premises in order to execute t h e same Tha t if such work have been duly author ized ei ther by t h e consent of t h e par t ies competent to give such consent or by t he award or certificate of t he official referees then a t any t ime between the hours of sunr ise and sunset (Sundays excepted) i t shall be lawful for t he bu i ld ing owner or any other person ac t ing on his behalf accompanied by a constable or o ther officer of t he peace and they are hereby respectively empowered to enter on t he premises of the adjoining owner so far as may be necessary for t h e execu t ing such work and t h a t if t h e ou te r door of such bui ld ing be shu t a n d being t h e r e u n t o requ i red t he person there in refuse to open t h e same or if such bui ld ing be empty and unoccupied then it shall be lawful to break-

open

open such outer door and if any fixtures goods furn i tu re or o ther t h i n g

obst ruct t h e bu i ld ing of such in tended p a r t y wal l or pa r ty arch or t h e

pu l l ing down any wall pa r t i t ion or o ther t h i n g necessary to be pul led down a n d removed in order to t h e bu i ld ing such in tended pa r ty wall or pa r ty a rch t h e n to remove such fixtures goods furn i tu re and th ings to some o ther pa r t of t he same premises or if the re be no room on the premises sufficient for t h a t purpose to remove t h e m to some other place of safe custody and t h a t from and after such en t ry and at all usua l t imes of work ing i t shall be lawful for t h e bui lder employed to erect such in tended pa r ty wall or p a r t y a rch and for his servants and all o thers employed by h i m to enter in to and u p o n t h e premises and abide there in t h e u sua l t imes of work ing as well for t he shor ing u p of the said bu i ld ing so b roken into and entered upon and for t a k i n g down and removing any p a r t y wall pa r t i t ion wainscot or o ther t h i n g necessary to be t a k e n down and removed for t he purpose aforesaid as to bui ld such in tended pa r ty wall or p a r t y arch a n d t h a t if i n any manne r any such owner or o ther person h inder or obs t ruct any w o r k m a n employed for any of t h e purposes aforesaid or wilfully damage or injure the said works t hen every such person so offending shall forfeit for every such offence a s u m not exceeding t en pounds .
32. A n d now for t h e purpose of fur ther pro tec t ing t h e interests

of adjoining owners Be i t enacted w i t h r ega rd to ex terna l Avails adjoining the g round or bu i ld ing of ano the r owner so far as re la tes to t he m a k i n g of openings there in T h a t if w i thou t t h e consent in wr i t ing of t he owner of such ground or bu i ld ing any opening be made in any such Avail t hen i t shall be lawful for such owner and he is hereby ent i t led to r equ i re t h e owner of t h e premises in which such openings shall he m a d e to stop u p the same wi th br ick or stone work as t h e case m a y be according to t he form (No. 5) in Schedule K he reun to annexed or to t he l ike effect and t h a t if w i th in one m o n t h after such not ice such s toppage be no t effected t h e n i t shall be lawful for such owner and he is hereby ent i t led ei ther by himself or his w o r k m e n wi th tools imple m e n t s and mater ia l s to cause such openings to be s topped and he is also hereby ent i t led to be repaid t he costs thereof and wi th regard to such costs so far as relates to t h e ad jus tment thereof t h a t if such owner refuse to m a k e paymen t thereof or if the re be any dispute as to t h e a m o u n t thereof t hen on applicat ion for t he purpose to t h e official referees by ei ther of t he par t ies concerned i t shall be lawful for t h e person by whom they have been i ncu r r ed and he is hereby ent i t led to refer t he m a t t e r

of such dispute to t he official referees and to have the i r de te rmina t ion

the reon and t h a t it shal l be t h e du ty of such official referees to give
t he appl icant a certificate in re la t ion the re to and t h a t if any p a r t y l iable to pay any s u m of money unde r such certificate fail t o do so t h e n i t shall be lawful for t h e p a r t y ent i t led to such costs to recover t h e same in t he m a n n e r hereinaf ter provided for t he recovery of t he costs charges and expenses of execu t ing any works in pu r suance of

th i s Ac t .
33 . A n d be it enacted wi th regard to Avails so far as relates to the bu i ld ing thereof on vacan t g round a t t h e l ine of j unc t i on of premises be longing to different owners or in different occupations That one m o n t h before t h e owner of any piece of vacant g round or g round not h i the r to bu i l t u p o n shal l bui ld any bu i ld ing adjoining to another piece of vacant g round or g round not h i the r to bu i l t upon or bui ld a fence Avail for such piece of g round i t shal l be his du ty and he is hereby requi red to give t h e owner or occupier of such adjoining vacant g round a not ice which mus t be in wr i t ing and m u s t set forth his desire to bui ld a p a r t y Avail or pa r ty fence Avail and describe t he th ick nesses and dimensions of such desired p a r t y Avail or p a r t y fence wall according to the form (No. 14) in Schedule K hereunto annexed or to

t h e

t h e l ike effect and t h a t if wi th in such per iod of one m o n t h such adjoining owner shall signify his consent in wr i t ing according to t he form (No. 15) in Schedule K he reun to annexed or to t h e l ike effect t h e n the same m u s t he bui l t par t ly on the g round of one of the said owners or occupiers and pa r t ly on the g round of t h e o ther owner and such last men t ioned pa r t is to be paid for as is hereinafter directed by such o ther owner or occupier b u t if he do no t signify such consent t h e n it shall be the du ty of t he bu i ld ing owner to bui ld an ex terna l wall for such bu i ld ing and fence wal l for such g round ent i rely upon his own g round except as to the footings of any such wall .

3 1 . A n d be i t enacted wi th regard to any new pa r ty wall bui l t

on t h e l ine of j unc t ion of premises be longing to different owners so far as relates to t he providing of ch imney breas ts and the i r accommo dat ion for t h e adjoining owner tha t w h e n the owner of any piece of vacan t g round shall have obtained the consent of t he adjoining owner to bui ld a p a r t y wall on t he line of j unc t i on of the i r respective premises t h e n t en days a t least before beg inn ing to bui ld such pa r ty wall i t shal l be the du ty of t he bu i ld ing owner to give t h e adjoining owner notice thereof according to t he form (No. 11) in Schedule K he reun to annexed or to the l ike effect and t h a t if in due t ime the adjoining owner shall give ins t ruc t ions in wr i t i ng or by a p lan and elevation or o ther sufficient drawings t hen it shall be t he du ty of the bui ld ing owner to const ruct if pract icable such and so m a n y chimney j ambs breasts and flues of chimneys in all such pa r t s of such pa r ty wall as shal l be by such ins t ruc t ions requi red and to leave such recesses in every such wall as m a y be required b u t so t h a t they be conformable wi th t h e directions of th i s A c t concerning p a r t y wails and chimneys and t h a t t he reupon it shall be lawful for the bu i ld ing owner to claim and he is hereby ent i t led to recover from the adjoining owner all t h e expenses of cons t ruc t ing such chimney j ambs breas ts and flues of chimneys and recesses as provided by th is Ac t in t h a t behalf.

35. A n d whereas bui ld ings wi th in t he l imits of th i s Ac t are

often e i ther from li t igated t i t les the re to or from the obst inacy

neglect

or pover ty of t h e owners thereof or of t h e par t ies interested there in or from other causes in so ru inous a condit ion t h a t passengers are; endangered the reby now for t h e purpose of m a k i n g provision in t h a t behalf Be it enacted wi th regard to ru inous bui ld ings or pa r t s of bui ld ings so far as re la tes to repa i r ing or pu l l ing down the same Tha t upon receiving information of any bui ld ing being in a ru inous or dan gerous condit ion it shall be t he duty of t he surveyor for thwith to make;	a survey of such bui ld ing and tha t t he reupon i t shal l be t he du ty of such	surveyor to act in all respects as in the case of a survey of pa r ty wails
and tha t upon t h e receipt of t he certificate of t he surveyor i t shall he lawful for t h e official referees and they are hereby requi red to cause a copy thereof to be t r ansmi t t ed to t he Mayor or person ac t ing as such and t h a t t he reupon it shall be t h e du ty of t h e Mayor or person ac t ing as such to cause wi th all convenient speed any such ru inous bui ldings to be securely shored or a proper and sufficient board to be p u t u p for the safety of all passengers and to cause notice in wr i t ing to be given to t h e Owner of such bu i ld ing to repair or pul l down the same or any p a r t thereof as t he case m a y requ i re wi th in fourteen days t h e n next ensuing and t h a t if w i th in t h e said fourteen days t he repai r or demoli t ion thereof be not b e g u n and be not completed as soon as t h e n a t u r e of the ease will admi t t hen on a declarat ion be ing made before t h e said Mayor or person ac t ing as such of such notice having been given (which declarat ion t he said Mayor or person ac t ing as such is hereby empowered and requi red to receive) it shall be lawful for t h e said Mayor or person ac t ing as such and he is hereby author ized and requi red out of t h e money in the hands of t he Treasurer of t h e said

2 Y — V O L . 3 . city
city w i th all convenient speed to order and cause such bu i ld ing or such p a r t thereof so certified to be in a ru inous and dangerous condi t ion as shall be necessary for t he safety of t he passengers to be repai red or pul led down or secured in such m a n n e r as shall from t ime to t ime be requisi te Provided always t ha t if t he M a y o r or person ac t ing as such appeal against such certificate it shall be t h e du ty of t h e official referees to proceed to survey to certify and to award in all respects as in t h e case of an appeal from the certificate of t he surveyor wi th reference to pa r ty wails or in te rmixed bu i ld ings and t h a t if such official referees certify t h a t t h e said premises are ru inous and dangerous it shal l be t he du ty of t he said Mayor or person ac t ing as such to repair

or pu l l down such bui ld ing.
36. A n d be i t enacted wi th regard to any such ru inous build ings so pul led down so far as re la tes to t h e disposal of t h e mater ia l s thereof and to t he appl icat ion of t he proceeds Tha t it shall be lawful for t he said Mayor or person ac t ing as such to cause to be sold and disposed of such of t he mater ia ls as he shall j udge necessary and out of t he moneys ar is ing from the sale thereof to re imburse to t he surveyor and official referees and to every person by t h e m respectively employed for t h e purposes aforesaid all t h e charges of the survey and appeal and of p u t t i n g u p and ra is ing such board and of repai r ing and pu l l ing down and secur ing such premises and of m a k i n g good the pavement or footpath and of selling t he said mater ia l s as aforesaid or as m u c h thereof as t h e moneys ar is ing by such sale will ex tend to and t h a t if t he re be any surp lus after p a y m e n t of all expenses t hen upon demand thereof made by such Owner it shall be t he du ty of t he said Mayor or person ac t ing as such to cause the surp lus if any ar is ing from such sale to be paid over to t h e owner of such bu i ld ing or if the re be any quest ion as to the person ent i t led to such surp lus or as to t he pr ior i ty of t i t le to such sum of such persons so ent i t led or as to t he propor t ions to which such persons are so ent i t led t h e n i t shall be lawful c i ther for t he said Mayor or person ac t ing as such or for any person claiming to be so ent i t led to refer t he m a t t e r to t h e de te rmina t ion of t he official referees and the i r decision shal l be final and t h a t if no such demand be m a d e then such surp lus shall be paid to t h e Treasurer of t he said city in aid of t he TOWN P u n d Provided nevertheless t h a t a t any t ime wi th in five years from the deposit of such surplus i t shall be lawful for any such owner his executors or admin is t ra to rs to claim a n d he and they are hereby ent i t led to receive such surp lus and the said Treasurer is hereby required to pay such surp lus out of t h e Town F u n d

of t he said city.

37. A n d be it enacted wi th regard to such ru inous bui ld ings so far as relates to t h e expenses of any such survey and appeal p u t t i n g
u p such board repa i r ing pu l l ing down and secur ing such bu i ld ing and selling t h e mater ia l s beyond the amoun t thereof which shall have been satisfied by t h e appl icat ion there to of the proceeds of t he mate r i a l s Tha t if t h e moneys ar is ing from such sale be insufficient to repay all such expenses t h e n from t ime to t ime such deficiency shal l be paid by t h e Owner of every such bui ld ing being the person ent i t led to t he imme diate possession thereof if k n o w n and t h a t if on demand thereof such Owner fail to pay such deficiency t h e n it shall be lawful for t h e Mayor of t he said city or any two Jus t i ces of t h e Peace to levy t h e amoun t thereof by war ran t u n d e r the i r hands and seals by distress and sale of the goods a n d chat te ls of such Owner if any such can be found and t h a t if no such owner can be met wi th or be ing met w i t h shall not on demand pay the said deficiency and no sufficient distress of t he goods and chat tels of such owner can be found then it shall be lawful for t he person WHO shal l at any t ime thereaf ter occupy such bui ld ing or t h e g round where t h e same stood and he is hereby author ized and required

to

to pay and deduct the same out of t h e r en t thereof and t h a t if he neglect, or refuse to pay such deficiency then it shall be lawful for t he said Mayor or any two or more Jus t ices as aforesaid and they arc hereby empowered and requi red to cause t h e same to be levied by distress and sale of t h e goods and chat te ls of any occupier of t h e premises together wi th t he costs of every such distress and sale and it shall be t he duty of the person by whom the same shall be received and he is hereby requ i red to pay the a m o u n t to t he Treasurer of t h e said ci ty to be by

h im placed to t he credit of t h e said Town

F u n d .

38. A n d be i t enacted wi th regard to r u inous ch imneys roofs

and projections so far as relates to t h e repa i r ing thereof Tha t if a chim ney shaft ch imney pot or other t h i n g the reon or e w e s or parapet or coping or slates or tiles on t he roof or any projection from the front walls of any bui ld ing be in danger of falling then it shall be the du ty of such surveyor and he is hereby required to requ i re t h e occupier of such bu i ld ing or if the re be no occupier t hen the Owner thereof to t ake down or secure the same within th i r ty-s ix hours after notice thereof shall have been given and tha t if wi th in the t ime specified such occupier or some other person interested in such bui ld ing do not begin to t ake down or secure t h e same and as soon as t he n a t u r e of t he case will admi t complete such t ak ing down or securing of the same then it shall be t he du ty of such surveyor to give information thereof to t h e Mayor or in his absence to any .Justice of t he Peace and there upon i t shall be t he du ty of such Mayor or Jus t i ce to proceed to cause such ch imney shaft ch imney pot or o ther t h i n g thereon or t he e w e s or pa rape t or coping or slates or t i les on t he roof or projection from the front or side wail of such bu i ld ing as shall be considered by such surveyor in danger of falling to he forthwith t a k e n down or secured and tha t if the re be no occupier or known owner then it shall be lawful for such M a y o r or Ju s t i ce to direct t ha t the reasonable expenses to be certified by the official referees be paid by t h e Treasurer of t he said city out of the TOWII F u n d and if thereafter t he Owner of such bu i ld ing become k n o w n or if the bui ld ing become occupied t h e n i t shall be lawful for t h e said Treasurer and he is hereby ent i t led to recover the a m o u n t of such expenses from such Owner or from such occupier as in the case of ru inous bui ld ings hereinbefore provided for and that if wi th in the t ime l imited the occupier or some other person in teres ted in such bu i ld ing do not t ake down or secure t h e same then for every day dur ing which t h e same shall so remain unrepa i red or no t sufficiently secured such occupier or the owner if the re be no occupier shall forfeit	and pay a s u m not exceeding five pounds and t h a t such occupier or
owner shall also pay the surveyor ' s fees and other costs charges and
expenses a t t endan t upon any such t a k i n g down or secur ing the bui ld ing a n d all such surveyor ' s fees and other costs charges and expenses may be recovered and levied in t he same m a n n e r as such pena l ty Provided always t h a t if t he occupier of such bu i ld ing be not bound by v i r tue of any lease or other in s t rumen t to repair re ins ta te or secure t he premises t h e n such occupier is hereby ent i t led to re ta in out of t he ren t payable in respect of such premises all such penal t ies costs charges and expenses a t t endan t upon or ar is ing out of t he t a k i n g down or securing or t h e repa i r ing or r ebui ld ing of the same as in t he ease of any o ther works t h e costs of which he is hereby required to pay in t h e first ins tance .
39. A n d be i t enacted wi th regard to adjoining bui ld ings so far as relates to t h e m a k i n g good any damage ar is ing from the falling down of pa r t s thereof (except any such par t of a pa r ty wail as shall be long to and be used conjointly by the owners or occupiers of t he bu i ld ings pa r t ed thereby) Tha t if a t any t ime any injury or damage be caused to any par t of an adjoining bui ld ing or to t h e in te rna l deco ra t ions and furn i ture goods wares and merchandise such bui lding by

the '
t he falling down from any other bu i ld ing of any chimney shaft chimney po t pa rape t coping or o the r t h i n g t h e n i t shall be t h e du ty of t h e owner of t h e bu i ld ing from which such p a r t shall fall and he is hereby bound and requi red to re imburse t h e expense to which the owner or occupier m a y be p u t in m a k i n g good such in jury or damage in l ike m a n n e r as herein directed concern ing the re imbursement of t he ex penses of ru inous p a r t y walls and such costs shall be recoverable in t h e m a n n e r hereinafter directed for t h e recovery of t he costs and

expenses of execut ing works in p u r s u a n c e of th i s Act .
40. A n d for t h e purpose of r e imburs ing any bui ld ing owner for t he expense of works incur red in respect of any pa r ty s t ruc tu re Be i t enacted wi th regard to t h e following works so far as relates to t h e reim bu r semen t by t he adjoining owner of expenses incur red by the bui ld ing owner in respect of any p a r t y s t ruc tu re bu i l t to pa r t t he bu i ld ing or premises be longing to o ther owmers from t h e bui ldings or premises be longing to himself t h a t is to say—first w i th regard to any p a r t y wa l l hereafter bui l t on t h e l ine of j unc t i on of any two bui ld ings and second wi th regard to any p a r t y wal l hereafter bui l t on t he l ine of junc t ion of any bui ld ing and any vacant g round or vacan t premises be longing to different owners or occupiers and th i rd w i t h regard to nuisances and defective pa r ty wails pul led down a n d rebui l t ei ther wi th t h e consent of t he adjoining owne r or in pu r suance of t h e condemnat ion thereof according to th is Act except a pa r ty wai l condemned on account of t he

in jury done there to by any bu i ld ing owner and t h e expenses of which and of o ther inc identa l works t h e official referees shal l ha\ T c awarded

to be paid by such bui ld ing owner by v i r tue of t he provision in t h a t

behalf a n d fourth wi th regard to one or more t imber par t i t ions be tween any two or more bui ld ings pul led down and a pa r ty wail bui l t in l ieu thereof and fifth wi th regard to a neW pa r ty wail or pa r ty a rch bu i l t in l ieu of any pa r ty wai l or pa r ty arch between in te rmixed propert ies pu l led down ei ther w i th t h e consent of t he adjoining owner or in pu r suance of t h e condemnat ion of such p a r t y wail or pa r ty a rch and s ix th wi th regard to any p a r t y wail bui l t on t he site of a pa r ty fence or p a r t y fence wail and used otherwise t h a n as a pa r ty fence wail by the person who shall no t h a v e bui l t t he same and seventh wi th r ega rd to every o ther case of r e imbursement in respect of any p a r t y s t ruc tu re t h a t if t he pa r ty s t ruc tu re be bui l t in t h e m a n n e r and of t h e mater ia l s and of t he th icknesses of such s t ruc tu re as required by th is Ac t in reference there to t hen it shall be lawful for t h e bu i ld ing owner a t whose expense such work shall have been executed to claim and he is hereby

immedia te possession of t he adjoining bui ld ing or g round or who is in t h e ent i t led to be paid and to recover from t h e person who is ent i t led to t h e

immedia te occupat ion thereof t h e following compensat ion t h a t is t o say if a new pa r ty wail or p a r t y arch bui l t on t he l ine of junc t ion by one owner be made use of e i ther wholly or par t ia l ly by t he adjoining Owner t h e n the s u m of money propor t iona te to t h e va lue of so m u c h of such p a r t y s t ruc tu re so made use of and if ch imney j a m b s chimney breasts and flues have been set u p in any p a r t y wail in pu r suance of the ins t ruc t ions of t h e owner of any vacan t g round adjoining to the same t h e n a s u m equal to t h e value thereof and if an unsound pa r ty wail or o ther p a r t y s t ruc tu re be pul led down and rebui l t t h e n a sum of money equal to a

a p roper propor t ion of t he va lue of t h e neW pa r ty s t r u c t u r e deduct ion

being m a d e for a due propor t ion of t he old mater ia l s and also a pro port ionate pa r t of all expenses which shall be necessary for pul l ing down t h e old pa r ty s t ruc tu re in lieu of which such new pa r ty s t ruc ture

shall be bui l t and if a p a r t y wall be bu i l t in l ieu of a t imber par t i t ion

or o ther p a r t y s t r u c t u r e and be m a d e use of by t h e adjoining owner t hen a sum of money propor t iona te to t he value of so m u c h of such new pa r ty wall as shall be made use of and also a propor t ionate p a r t

(Attic Rooms.)

And with regard to rooms in the roof of any building hereafter built or rebuilt in reference to the number of floors of rooms in the roof and to the height of such rooms there must not be more than one floor of such rooms and such rooms must not be of a less height than seven feet except the sloping part if any of such roof which sloping part must not begin at less than three feet six inches above the floor nor extend more than three feet six inches on the ceiling of such room.

(Rooms in other ports.)

And with regard to rooms in other parts of the building in reference to the height thereof every room used or intended to be used as a separate dwelling must be of at the least the height of seven feet from the floor to the ceiling.

j .

LIST OF P E E S P A Y A B L E TO THE SURVEYORS U N D E R THIS ACT
PUBLIC

DWELLING- WAREHOUSE

FEES FOR NEW BUILDINGS. BUILDING CLASS.

HOUSE CLASS. CLASS.

For any buildings erected on old or new foundations

as follows:— £ s. d. £ s. d. £ s. d.

If the building be of the first rate 3 10 0 3 10 0 3 10 0

second r a t e . . 3 0 3 3 0 3 3 o

third rate 2 10 o 2 10 0 2 10 0

7 15 0 2 2 0 2 2 0

,, ., fourth rate
And for inspecting and reporting on par ty walls and

intermixed bu i ld ings :—

If the building be of the first rate 1 15 0 1 15 0 1 15 0

,, second rate . . 1 11 6 1. 11 6 1 11 6

,, th i rd rate . . 1 5 0 1 5 0 1 5 0

„ fourth rate 0 17 6 1 1 0 1 1 0

For every insulated building 1 1 0 1 1 0 1 1 0

For every detached building bui l t for the purpose of trade or collection of tolls

. .

£ 0

10 C

PEES FOR ADDITIONS OR ALTERATIONS.

For every addition or alteration made to any building (after the roof shall have been covered in) which shall involve the execution of works subject to the regulations of this Act the following fees that is to say :—

£ s. d.

If the building be of the first ra te

. .

1 15 0

,, ,, second rate 1 10 0

,, „ third rate . . 1 5 0
,, ,, fourth rate 0 15 0
F E E S FOR SPECIAL DUTIES.

For the following special duties performed by the surveyor according to the provisions of this Act where such duties shall not be performed incidentally to the building or re building of or adding to or altering any building in respect of which any other fees may be payable that is to say :—

£ s. d.

For a t tending to the cu t t ing away of chimney breasts for external walls

For condemning par ty fence walls

. .

, .

. .

1

0

For the inspection and removal of projections and ruinous buildings

. .

2

0

For surveying par ty walls not kept in repair and consenting to notice of repair being served

1

(I

For inspecting arches or iloors over public ways . .	. .	. .	. .	. .	. .	. .	1	1	0
For inspecting formation of openings in par ty walls	. .	. .	. .	. .	. .	. .	1	1	0

Fees for special services not expressly provided for :—For any services performed by the surveyor which is required by this Act but not comprehended under any of the foregoing heads such fee not exceeding five guineas as the Council of the said City by resolution duly arrived at may appoint and fix.

K.

to l

g ia
n
ti ic

ce ff

is ti o

S. x o
G e

n r
o

IN ut

t r

D ec

EE ho yo

gl it t. t.

. e

C e ce ec ec v

O n w r

PR gl gl su
an

c.

r is e e p.

T fo & n n by

EN u u

ed n r r

QU y

lt er a fo fo gs d

pe

lt y

lt in op

SE na lt s

a y

B pe a na na ed st
d
.

SU ng te pe pe ce
es

di ba be

0 ro re

£2 il a 0 0

£2 P fe o
£2

bu be e T
r
.
f

s

gs
e

ic e.
ic

in E. e.

ic e.
o
ic

on

ff
r

ti

ff ff ff o o

ld C c

TI o o o 's g se s.

ui in

r' s

r' er on

O s

r' s

B N yo yo yo ild ld

ui to ti
to
P
O e e e bu

f b ng ca

v v v fi

r r r n. di ti

on E

C su su su e
o

e io or o
th

ti A

L e e e ac at cc n
la

P th th th t pl er to

A A

re t t t r lt s
A A A o a a

in 1. 2. 3. 4. 5
BE GIVEN

es NOTICE TO o. o. o. o. o.
ic FROM OF N N N N N
ot
.

. N ll

T er TO a
C ft E

. w

A C N al

a N E

rn

E K r. r. r.
A

R

G d
n
.

er te

T yo yo yo

FE

x

a
IN
e

e

e
E

f e

R M
O
H

su ild
bu
v

v

v
r
re

r

o

r
D

su

r

su

IL fo H W ne
IT

be he he he he w

. U W T T T T O

K B d 1 i
ve

E er .
N
R bs
o
N
E
K
.
r
e

U A n

r T r.

O o r. r. w

r. yo o

B
M

O de de de e ng

L n

ke H il il il v

E r ni

ta W bu bu bu su oi

M Y dj

be B he he he he
T T T

T A
to
to

.

p

to
to

to

N

u

s
E
ce

.

ng
ce
ce

ce

K

op
th

ti
ti
A
ti

ti

di

st

T

n

o
o

o o

ee E n n n n o
oc H ' '
ys
'

ys s' to m

ys

Pr O da n. da n. da n. ur n. e
n

T ho e

ic o

ve ve ve ve

f FS o gi

o gi o gi gi ot n
hi

o E w w w 4S

ST T T T N it

Y be be be be

AR w

M s g e

re r ty in ng

on in de ri

M ni

ti be th il

SU ra bu la de oi

er ng gu

. a dj

S. Y pe ft di er re m a
G L o a e st ir
IN
D
EE
C
O
L
A
R
E
e
th
g
s
on
ti
ra
e
c
x
e
od
a
m
ct
te

r
n
te
o

y

af

n
.
f a

re
g

nt

in

o s.

he

PR N in .

ct pe ri hi de e on tt s.
F
O
E
G
S
c
n
e A
is

bu

c
o
pe
en
ti

s

c

a ng
di

n
g

ng

r
e

nt
ra
in
f a
r

a

ni

r

m

ri
pe

s
il

ES
o
u

ll

m
r

th
K
m

pe

pe
c
o
fo
u

bu

e

o

a

c

R

G
s

c

ng

o

o

in

ng
A
su

w

e

O

d

r

ST W e
or
ef
r
e
ha

th di

il to al

de

o

d

en s.
th
e

c er
th

ie

or

nd
rn

if

ef n n bu s

B ec B sp n

o O o O A te ou

sp su r in x gr

m o e

ACT TO

1 2 3 4 5

SECTION

K.

e or

a

d d
n
ra

S. n g c df

a a in n pe
e

m ye
la

G
o

yo . is

a s.
r
.

IX r. r

yo .
es
on

es
g

es

D
m

yo

r

.
.
re
.
.

e
de

EE
in

e
o
ti

do
do

do .
ll
a
do

re
v
re

r

c
e
v
fe
c

r
be

o

ra
r

C
v
fe
fe
en
n

su
e

r
su

O

s

ll.
e
pe
r

ll

e
st

e
su

E
iv
r
r
l

T

a a m

by l by f o w u ia

l t g

by
w
m

w

ia
T
ia

ks ic
ff
f o
f
m
o

o

EN
o
o

f

f

ic
ic
c

o

o on
t n

on on

ff o.

ff o.

on o.
o.

on

QU
r

g

ti

o in D

SE ti

ec ti
o
n
o
n

ct ti

cu D ti
o

in

to D
io

to D
se

ec
ec
f w

ct
cu
ay

on
n

B

SU sp

In sp
sp

In rt

po re

If t o
n
e
t
xe

re

xe
o
el

si
s.
or

E ll.
a
c

In
ci
on

E
E
E

ep
D

re de ti

r w m

s ng s d ng s e. to

a n ni a ic

a e. ni

s ic s a s ff s

oi a

. on ff oi on on o
E

's on

IC ti o dj ti s

r' dj ti . . . .

se do do do do rk ti
c
.

se s

r' a s.
c

es a s.
nt

c

c

T

se yo
nt

O
d
se

ic

ff d
n

a ge to s. le
e

F to s. yo
e
N
n

a ge to s.
v
c

r
to

O ng on v

r ng a ng on su o

ng on n

's r a

ng s.

ti

ti
w
de

ti

di
su
d
d

E
on
to
di

th rk
le
c

di
di

di

ca
ca
n

ca

n
il
e

C
il
o.
o.
o.

o.
ti

a
a

e

A
fi

fi
e

fi

or
or
or

or

bu
bu
th

L
s
ca
th
s

ti

ti
D

ti

D
D

D
r

T cc o t o
r

e cc o t n o

e cc o t cc fi

A n A T n A n A T n A n A A ti
w

to w to to w to o
o o n
1

1

r

N 6. 7. 8. I). .
10
.

o E E

.

.
.
.
.
.

.

.

11

13

15
18
17

16

14

12

IC E E

M T TO IV o. o. o. o. o. o. o. o. o. o. o. o. o.
R O
FO N G N N N N N N N N N N N N N

r.

.
s

s
fi

r

do

M
nt
nt

r
e
.

ne

.
.

O
of

e
r

n
r
ge
es

ge

H
n
e
e

ow

w
.
.

W
a
re
n

w
n
d

a
o
do
do

o
n
w
w

O
fe
d
a

r.
ng
d
o
o

.
T
ng
n
e
n

r

N

ng

ng
a
ng

ni
yo
r.
l r

D
a
yo

ni

E
s

ini

.
R
di
di

oi

K
e
r
es
yo

oi
ia
e
s

A
v
e

A
er
v
il

djo

il
dj
ic

G
r
re

dj
o.
e

n
o.

T
r

E
ff

su
n
v
bu
bu

su

w
a
fe

R
r

a

a
w
o

d.
D
D
o
su
o

e

he

he
he
he
he
he

H
he
he
l r

he c
&

IT

T c.

ue

he
o.

d
T
T
T
T
ia
T
T
T

n

tin W & a c T T D
on
C
.
N
E
K
.
.
r

.

.
r
e

er

r

e

e

n
.
.

.

.
.
.
.

n
n

n

w
do
do

do

do
do
do
do

w
w
o

w

o
o

A r. r. o ng

T ng yo ng yo ng ni
di di di
M e e oi

.—

K O

H il o. v

r il o. v

r il o. o. dj o. o. o.

W bu su bu su bu

D D D D a D D D

B he he he he he he
T T T T T T
T

! t r. i

.
ffi ll

t.

o ll. n
se

n ne

a n
te
a

r

ra

en

ild o f.
n
pe
ow

nt

se

eo w gs a co

by in
.

.

N o y. bu er y. f i y

rt w n
on

in

o

f

y
E
ed

o
ot

r
c
th

re
e
rt
e

pa

si
to

o

n.
K
fo
v
v

ce

ct
r
ci

fo

A

fo

r
pa
r

ce

on
fo
io

a
ti

n
T
re
su
su
t.

be y.
de

ti

io
at

ti
e

e

se ce

ti r lic

o

di

o nt
te

o tic

no ng
a

is
y

n
E
e

o

f

s ec f
o

n
a

f

B s
v

n
a

ini

s'

r
fo

w
r

TO th
n
o
sp
o

t

su t

en in a
n

n pp
a

o 's
th

a t

af 's djo

en th
n

r

o
in

r .
c
'

n
st

o
ys
r
es
io

f
sh

d

PS
f

o

a f
o
e
ic
ot
m
m

f
th

fo

n
il

ll
m
o
at

nt
nt
o

a

o
re
da

o
m

n

e

E

bu

a
r
e
oi

e
oi
lic

e
e
o

ee

m

fe

ee

ST
o
ic

ic
ic
ic

w
n

to

m
e
pp
st

hr s.
pp

ot
ot

to

ot
pp

ne
hr

ot
ve
r
y
rt
ea

T on

ti N A N
l

br ne f N Se A N

ia N A T on

ti O on
pa

ti

c O o

d

y
ed
a
n

a n

tio to
rt

s
n
ll

f

a

ix
pa
o

. a f k

ll n o nc r

n rm io w o
a

do w te ng

di it

rt y

rt on

ti ju w
ed

w

S. e in c f

c. g nc il pa pa e o nd

G

r

in
ne

bu

& in
ll
pu
fe

be ll.

a ng

li d. S.

N te

e

IN

r

e

e

s
D
y
r
in

rt

th

E

ti

S m w a un
E

o ro IO
T

o m

ti y

L r

o pa o
r
f

rt is

x r

L

C
n
ro
o

O

fo

y
r

e

PR

a

g
ll
A
A
t g

pa

ir
o
la

n
in
IC

d

a

n
st

.
pa
W
de

w
n

h

F
ir

n

r

a
w

w
e.
rc
.

do
a

.

.
.
.
IF

O

a

e

in

e

do

pa
se

se
se
c

se
se
se

Y
y

g

is
n
r
r

a
a

ga

rt
S

y
in

D
T
o
c:
a

a

a
a
a
w

e
f v

or

E
g

y
y
e
c

c

c
c
c

g

pa
r
o

is

ns
rt
R

a

O
e

G
in

st
in

e
e
o
e
e

v
e

e
.

M io

at ng

e

ST A
T
A

a

ll

su pa
ll
ll
d

ll

r

n
r

es
a
m
m
m
m

a s.
ll

m

m
m
ni

n

er
io

a
pu
sa
sa

sa
sa

pu

sa

r

g
ec

at

o ep w ic oi
in
pi
a
a

e
e
e

e
e

ty
e
e

e

th if

od dj

ti av

xc de al

th to
s

ng

th to
s
or

rn ld
ui

w
th
th

th
w
th

er
o

ef
a

y
e

rt In In op nc In In c a te w In it In In

B pa A pr fe

fo x B f t M

A e

r E r
su

e e o

3 D—VOL. 3 . FORMS
FORMS OF NOTICES AS TO W O R K S .
(Melbourne Building Act sect. 10.)

No. 1.—Notice by the builder to the surveyor four days before commencing operations.

I do hereby give you notice that I intend to (a) and that C. I), of

is to be the (b) of the works to be executed and that

the said work will be begun on the day of

Dated this day of

Signature and address.

Certain penalties are attached to neglect in giving this notice.
(Melbourne Building Act sect. 10.)
No. 2.—Notice by the builder to the surveyor two days before resuming operations.

1 do hereby give you notice that I intend to recommence the ( c ) and

that C. D. of is to be the (b) of the works to be

resumed and that the said works will be continued on the day of

Dated this day of

Signature and address

Certain penalties are attached to neglect in giving this notice.
(Melbourne Building Act sect. 10.)
No. 3.—Notice by the builder to the surveyor as to the change of builder.
I do hereby give you notice that with reference to the works specified in my notice

of last E. F . ( c ) is to be placed in charge of the said works instead of

C. D. the ( c ) mentioned in the said notice.

Dated this day of

Signature and address.

(Melbourne Building Act sect. 11.)
No. 4.—Notice by the surveyor to the builder as to anything done in the erection of any
building not conformably to the Act.

1 do hereby give you notice that the (o?) now in progress (e) situate in ( f )
is not conformable to this Act in the portions thereof undermentioned and 1

require you within forty-eight hours from the date hereof to amend the same.

Dated this day of at the

hour of by the clock.

NOTE.—Irregularities referred to. Signature and address.
(Melbourne Building Act sect. 32.)

No. 5.—Notice by an owner or occupier to any adjoining owner or occupier to stop up an opening in an external wall abutting on his premises.
I do hereby give you notice that if within one month from the date hereof you do not stop up the opening made in the external wall of your premises situate in (g)

and which abuts on my (h) I shall at your expense cause the same to be stopped
up conformably to this Act.

Dated this day of

Signature and address.

FORMS

(a) Describing the erection or intended operation in general terms and whether it relate to any of the
following mat te rs :—
" The erection of any bui lding " Or
" The mak ing of any addition to or al terat ion to any building " Or

" The bui lding pull ing down rebuilding cu t t ing into or a l ter ing any par ty wall external
wall chimney-stack or Hue " Or

The m a k i n g of " any opening in any par ty wall " Or

T h e doing " of any other ma t t e r or th ing by th i s Act placed under the supervision of

the surveyor ."

(b) Inser t " a r c h i t e c t " or " b u i l d e r " or other superintendent to have charge of the works .
(c) Describing in general t e rms the works referred to in notice No. 1 and which works m a y have been
suspended three months .

(c) Inse r t " a r ch i t e c t " or " bu i l de r " or other super intendent to have charge of the works .
(d) Inser t " bui lding " or " al terat ions " or " building operations " as the case may be.
(e) Inser t " u n d e r your superintendence " or " in the building belonging to you " as the case may be.

( f ) Inser t the si tuation as the case m a y be.
(g) Specify the si tuation.

(h) Inse r t " ground " or " bui ld ing adjoining."

F O R M S OF N O T I C E S AS TO P A R T Y W A L L S .
(Melbourne Building Act s.s. 10 20.)

No. 6.—Notice to be given ( three months before commencing operations) Ivy an owner or occupier to an adjoining owner or occupier that the party wall or party arch or par ty fence wall is out of repair.

T do hereby give you notice tha t I apprehend that the (i) or some par t

thereof on the line of junction between my (/.-)

situate in

and the (k)

thereto adjoining situate on the

side thereof is so far

out of repair (/) as to render it necessary to (pi) such wall or some par t thereof and that I intend to have such wall surveyed pursuant to the Act and also that I have given notice to the surveyor and to the official referees to survey the premises for the purpose of certifying the condition of such wall and whether the whole or any part thereof ought to be repaired or pulled down and rebuilt and to certify accordingly.

Dated this day of
Signature and address.
(Melbourne Building Act sect. 19.)

No. 7.—Notice in the same case to the surveyor and official referees.

I do hereby give you notice that 1 apprehend tha t the (n) or some part

thereof on the line of junction between my

situate in

and the

thereto adjoining situate on the

side thereof is so

far out of repair as to render it necessary to repair or pull down and rebuild such wall or some part thereof and that I require a survey thereof to be made pursuant to the Act and that in presence of such one or more surveyors or agents appointed by me as undermentioned or by C. D. the owner of the adjoining property for the purpose of certifying the condition of such wall and whether the whole or any part thereof ought to be repaired or pulled down and rebuilt and I do hereby also intimate that I have served a notice on C. D. to the like effect.

Dated this day of

Names and addresses

of one or more )

„.

,

, ,

, j. i Signature and address, J

surveyors or agents for building owner. )

(Melbourne Building Act sect. 19.)

No. 8.—Notice in the same case by the surveyor to the building owner and adjoining owner

and such one or more surveyors and agents by them appointed.

I surveyor of do hereby give you notice that

in pursuance of an application made to the official referees and to me in that behalf it is my

intention to proceed to view the premises (o)

situate in

for the purpose of certifying the condition of the (r) and whether any part thereof is so far out of repair as to require to be cither wholly or in part repaired or pulled down and rebuilt and such survey 1 do intend to make on the

day of

next at

by the clock in the

noon in the presence of any one or more surveyors or agents on behalf of the building

owner and the adjoining owner.

Dated this day of

Signature and address.
(Melbourne

Insert " party wall " or " party arch " or " party fence wal l" as the case, may be.

(k)

Insert " h o u s e " or "bui lding" or "ground" as the case may be.

( l ) Insert when required " or has been rendered dangerous and ruinous by cutting away footings or

breasts or chimney shafts.

(m) Insert "repair" or "pull down and rebuild" as the case may be.

(n) Insert " party wal l" or " party arch " or " party fence wall " as the ease may be

( o ) Designated by number or other name.

( r ) Insert " party wall " " party arch " or

party fence wall " AS the case may be.

(Melbourne Building Act sect. 28.)
No. 9.—Notice to be given (three months before commencing operations) by an owner to
an adjoining owner.

I do hereby give you notice that I intend to (s) and that I intend to have

such (t) surveyed according to law and that I have given notice to the official
referees to survey the premises and to certify accordingly.

Dated this day of

Signature and address.

(Melbourne Building Act sect. 28.)

No. 10-.—Notice in the same case to the surveyor and official referees.

I do hereby give notice that I intend to and that I require a survey
thereof to be made pursuant to law and that in presence of such one or more surveyors or agents appointed by me as undermentioned or by C. D. the owner of the adjoining property for the purpose of certifying whether the whole or any part (u) ought to be pulled down and rebuilt and I do hereby also intimate that I have served a notice on C. D. to the like effect.

Dated this day of

Signature and address.

(Melbourne Building Act sect. 28.)
No. 11.—Notice in the same case by the surveyor to the building owner and adjoining
owner and such one or more surveyors and agents by them appointed.
1 surveyor do hereby give you notice that in pursuance of an application made

to the official referees and to me in that behalf it is my intention to proceed to view the premises (x) situate in for the purpose of certifying whether any part of such (y)

requires to be (z) and such survey I do intend to make on the day of

next at by the clock in the noon in the presence of any one or more

surveyors or agents whom the parties concerned shall appoint for that purpose.

Dated this day of

Signature and address.

(Melbourne Building Act sect. 21.)
No. 12.—Notice to be given (three months before commencing operations) by an owner to
an adjoining owner where no survey is required.

I do hereby give you notice that I intend to (aa) pursuant to law.

Dated this day of

Signature and address.

(Melbourne Building Act sect. 23.)
No. 13.—Notice of intention to build an external wall against any existing party wall and
for that purpose to cut away footings breast and shaft of an existing party wall.

I do hereby give you notice that it is my intention one month after the date hereof to build an external wall against the existing party wall by which our premises are parted situate and to cut away such portion of the footings or chimney breast or shaft in such party wall as will be necessary for that purpose.

Dated this day of

Signature and address.

(Melbourne

(s) Specify the kind of operation as to whether it be intended—
" To raise a par ty fence wall "—
Or " To repair or rebuild a par ty fence wall "—
Or " To pull down and rebuild rooms in in termixed property &c." and specifying the

si tuation &c.

(t) Inser t " par ty fence wall " or " rooms in intermixed property."
(u) Specify the kind of operation intended.
(x) Designated by number or other name.
(y) Specify the kind of operation intended.
(z) Inser t " raised " or " repaired " or " pulled down and rebuil t " as the case may be.
(aa) Specify the, kind of operation as to whether it be intended " to pull down a timber partition and
instead thereof to build a par ty wall " or " rebuild a sound par ty wall " or " to raise a party
wall ."

(Melbourne Building Act s.s. 33 & 34.)

No. 14.—Notice of desire to build a party wall on the line of junction of two pieces of vacant

ground.

I do hereby give you notice that I desire to build partly on my land or ground adjoining your vacant ground and partly on your vacant ground on the line of junction of the said premises (bb) which will be of the undernoted thicknesses and dimensions and should you consent thereto I require you to signify such consent in writing on or before the

of next.

Dated this day of

Signature and address.

(Melbourne Building Act. sect. 33.)

No. 15.—Notice of consent to the building of a party wall on the line of junction of two

pieces of vacant ground.

I do hereby give you notice that I consent to the building of a (bb)

partly on my land or ground adjoining your vacant ground on the line of junction of the said premises which I require to be of the undermentioned thicknesses and dimensions and other particulars.

Dated this day of

Signature and address.

FORMS OF NOTICES AS TO MODIFICATION OR DELAY OF INTENDED BUILDING OPERATIONS.

(Melbourne Building Act sect. 17.)

No. 10.—Requisition to a building owner by an adjoining owner as to the modification or

delay of intended work on his behalf.

I do hereby give you notice that I require you to (ec) the works specified in

your notice of the day of in consequence of the inconvenience and loss that would arise to me if the same were executed at the time proposed by you and if you do not consent hereto or dissent therefrom within days then in pursuance of law you are hereby required to delay your intended operations until the official referees shall have determined thereon.

Dated this day of

Signature and address.

(Melbourne Building Act sect. 17.)

No. 17.—Notice by an adjoining owner to the official referees as to the modification or delay

of intended works of a building owner.

I do hereby give you notice that C. D. of having specified in his notice of

the

day of

certain works to be executed subsequent to the

day

of next and I having served upon him a requisition in reference to the (dd) of works so intended by him in consequence of the inconvenience and loss that would arise to me if the same were executed at the time proposed by him and he not having attended

and the notice referred to.

thereto it is my desire that a survey be made pursuant to law with reference to such works

Dated this

day of

(ee)

Signature and address.
(Melbourne Building Act sect. 17.)

No. 18.—Notice by an adjoining owner to a building owner as to application to the surveyor and official referees for survey of intended works with reference to the modification or delay thereof.

1 do hereby give you notice that in consequence of your not consenting to the (ff)

of the works intended by you as specified in my requisition of the

day of

last 1 have applied to the official referees for a survey of the premises pursuant to law.

Dated this day of (gg)

Signature and address.
No. XL.

(bb)

Inse r t " par t

w a l l " or " pa r ty fence w a l l " or " external wall " as the case may ho.

(cc)

Inser t " modify as under noted " or " delay unt i l the

day of

" as the ease m a y he.

(dd) Inser t " modification as under noted " or " delay unti l the	day of	" as the case may be.
(ee) Wi th in seven days after the previous requisition.

(ff)

Inser t " modification " or " delay " as the case may be.

(gg) Within seven days after the previous requisition.

Actions

Download as PDF Download as Word Document

Citations

Melbourne Building Act 1849 No 39a (NSW)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

2. A n d be it enacted wi th regard to th i s Ac t general ly so far as relates to t h e appl icat ion thereof to other pa r t s of t he City of Mel bourne Tha t if from t h e growing increase of t he popula t ion or otherwise i t shal l appear to t he Council of t h e said city t h a t it is expedient t ha t t h e provisions of th is Ac t should be extended to any other p a r t or par t s of t he City of Melbourne it shall be lawful for t he said Council to direct by by-law t h a t a t or from a t ime to be n a m e d in such by-law	t h e
per ty there in t h a t provision should he made for t he	be t te r	regula t ion

a l ready or hereafter bu i l t so far as re la tes to t h e	rebui ld ing	and	the
en la rg ing or a l te r ing of t he same and	t h a t whe the r such	bui ld ings	be

to receive for his supervision a n d inspection of the same and shall also
forfeit for every s u c h default a s u m of twen ty pounds and t h a t if	for
any period exceeding th ree m o n t h s any bui lder having duly	b e g u n

par t i t ions mus t be in the form or to t h e effect of t h e notice (No.	6)
for t h a t purpose conta ined in Schedule K he reun to annexed.

in t h a t	behalf.
2 1 . A n d be it enacted wi th regard to sound pa r ty Avails so far

as relates to t h e rebui ld ing thereof at t h e expense of t he bu i ld ing owner That if t he owner of one of the bu i ld ings desire to rebuild such pa r ty Avail t h e n on giving to t he adjoining owner t he requi red notice according to t he form (No. 12) in Schedule K he reun to annexed or to t he l ike effect it shall be lawful for such bui ld ing owner and he is hereby ent i t led to pu l l down and rebui ld such p a r t y Avail b u t u p o n condi t ion t h a t he do re ins ta te and m a k e good all t he in te rna l finish ings and decorat ions of t h e adjoining premises a n d pay all t he costs	and charges thereof and also all t he expenses incidental to t he execut ion	of t h e work inc lud ing the re in t he fees and expenses of the survey a n d
t h e fees of t h e surveyor and any fees in respect of any services per formed by t h e official referees a n d also such reasonable compensat ion as to t h e said official referees m a y seem proper for any loss which the adjoining owner shall have incurred by reason of such work.

any other purpose t hen i t shal l be lawful	for t h e bu i ld ing owner a n d
he is hereby ent i t led so to do b u t upon condit ion t h a t t he said	bu i ld ing owner

to be bui l t so far as relates to t he ra is ing thereof	Tha t i t shall be
lawful to raise any bu i ld ing so t h a t never theless t he pa r ty and	ex terna l
walls a n d ch imneys thereof w h e n so raised be of t h e mater ia l s	and of

of such dispute to t he official referees and to have the i r de te rmina t ion
the reon and t h a t it shal l be t h e du ty of such official referees to	give

of t he said city.
37. A n d be it enacted wi th regard to such ru inous bui ld ings so far as relates to t h e expenses of any	such survey and appeal p u t t i n g

and which abuts on my (h)	I shall at your expense cause the same to be stopped
up conformably to this Act.

requires to be (z)	and such survey I do intend to make on the	day of
next at	by the clock in the	noon in the presence of any one or more