Sydney Building Act 1837 No 7a (NSW)

No. VI.
An Act for regulating' Buildings and Party-walls
and for prevent ing mischiefs by Fire in the

Town of Sydney. [8th September, 1837.]

WH E R E A S Town of Sydney a n d t h e securi ty of p roper ty the re in t h a t

i t is expedient for t h e safety of t h e i nhab i t an t s of t he

provision should be m a d e for t h e be t t e r regu la t ion of bui ld ings a n d par ty-wal ls a n d for t h e p reven t ion of mischiefs by fire in t h e said t o w n Be i t therefore enacted by H i s Excel lency t h e Governor of N e w South Wales wi th t h e advice of t h e Legis la t ive Counci l thereof T h a t t h e several churches chapels meet ing-houses or o ther places of publ ic worship dwell ing-houses a n d all o ther bu i ld ings whatsoever a t any

t ime heretofore b e g u n or bu i l t or which shal l a t a n y t ime or t imes

hereafter be b e g u n or bu i l t w i t h i n t h e said t o w n on new or old
foundat ions or on foundat ions pa r t l y new a n d pa r t ly old shal l be dis t inguished by a n d divided in to t h e six several r a tes or classes of bu i ld ing hereinaf ter described a n d such six several ra tes or classes of

bui ld ing shal l be u n d e r t h e ru les and direct ions hereinaf ter conta ined
concern ing t h e same.

2. A n d be i t enac ted Tha t every church chapel meet ing-house and other place of publ ic worship and every house or bu i ld ing for dis t i l l ing or b rewing of l iquors for sale for m a k i n g of soap for me l t i ng of ta l low for dying for boi l ing or dis t i l l ing t u r p e n t i n e for cas t ing brass or i ron for refining of sugar for m a k i n g of glass for chemical works for sale of w h a t dimensions soever t h e same respect ively are or m a y be and also every warehouse a n d other bu i ld ing whatsoever not be ing a dwell ing-house now bui l t or hereafter to be bu i l t (except such bui ld ings as are hereinaf ter pa r t i cu la r ly declared to be of t h e fifth or s ix th r a t e or class of bui ld ing) which does or shal l exceed th ree clear stories above g round exclusive of t he rooms (if any) in t h e roof thereof or which is or shal l be of t h e he igh t of th i r ty -one feet from t h e surface of t h e pavemen t g round or way above t h e area before ei ther of t h e fronts thereof to t h e t op of t h e blocking-course or t he coping on the pa rape t thereof a n d every dwell ing-house which does or shall exceed n ine squares of bu i ld ing on t h e ground-floor each square conta in ing one h u n d r e d superficial feet shall be deemed the first-rate or class of bui ld ing .

3,

3 . A n d be i t enac ted Tha t every f ront side end or o ther ex 

t e rna l

wall (not be ing a par ty-wal l ) w h i c h sha l l after t h e first day

of J a n u a r y i n t h e y e a r of our Lord one t housand eight

hundred

and

th i r ty -e igh t

b e

b u i l t

t o

any

first-rate

bu i ld ing

t o

any

a d d i t i o n

t he re to or en la rgement thereof

shal l be b u i l t a n d remain a t t h e

foun

dat ion

thereof

of t h e th ickness of t w o b r icks and a -hal f

i n l eng th

one foot

n ine inches

a n d

a -ha l f a t

t h e

l e a s t and sha l l

from

thence

regu la r ly a n d g radual ly d iminish o n each side of t he Avail t w o	inches
and a -quar te r	t o t he t o p of t he footing of every such Avail except

whe re

any immedia te adjoining bu i ld ing will n o t admi t o f such

foot

i ng b e i n g m a d e on t h e side o f such

wall

nex t such adjoining

bui ld ing

i n wh ich case such footing shall b e made as near t o t h e

dimensions

he re in

directed

t h e case

wi l l

admi t

which

f o o t i n g

sha l l be

n i n e

inches h i g h a t t h e least and w h o l l y be low t h e uppe r surface of t h e pavemen t and flooring-boards of t h e cellar-story t w o inches a t t h e least a n d every such Avail shall from t h e top o f s u c h footing be of t h e th ickness o f t w o b r icks in l e n g t h or one foot five inches a n d a-half a t

t h e l eas t u p t o t h e unde r s ide of t h e one pa i r o f s ta i rs '

floor

and

from

thence of	the th ickness of	one	br ick	a n d a -ha l f	i n l eng th or t h i r t e en
inches	a t t h e least u p t o t h e u n d e r s ide of t h e	p l a t e	unde r	t h e	roof

g u t t e r o f every

such

bu i ld ing

a n d

from

thence o f t h e

th ickness

of one br ick

i n l eng th

or e i g h t

inches a n d a-half a t t h e

l e a s t

u p

t o

t h e u n d e r

s ide of t h e blocking-course

or coping o n t h e

parape t

of every such

first-rate

bu i ld ing except such p a r t s o f every s u c h

wall

as shal l be whol ly o f s tone which

par t s so be ing of s t o n e

sha l l be

of	t h e th ickness of fourteen inches a t t h e least below t h e g round - f loor

and of n i n e inches a t t h e least a b o v e t h e ground - f loor and except all recesses above t h e ground-floor i n t h e sa id Avails which sha l l be arched over in every story so never theless as t h a t t h e a rch and t h e b a c k of such recess shall b e respectively of t h e th ickness of one br ick in

l eng th or e i g h t inches and a -hal f

at t h e least.

4 . A n d b e i t enacted Tha t every par ty-wal l which shall after

t he said

first

day o f J a n u a r y be b u i l t t o any

first-rate

bu i ld ing

or to

any

addi t ion t he re to

or en la rgement

thereof

sha l l b e b u i l t

and

r e m a i n

at t h e foundat ion	thereof	of t h e th ickness of t h ree br icks a n d a-half
i n l eng th or t w o feet six inches and a -hal f	at t h e l eas t and sha l l	f r o m

t hence regula r ly a n d g radual ly diminish on each side of t h e wal l

four

inches a n d a -ha l f to t h e t o p of t h e footing of e v e r y such Avail which footing shal l be one foot h igh at t h e l e a s t and wholly be low t h e u p p e r

surface of t h e pavemen t and flooring-boards of t h e cel lar-s tory t w o

inches

a t t he l e a s t

a n d

every such par ty-wal l

sha l l from

t h e top of

such footing b e of t h e th ickness of t w o b r icks a n d a-half	i n l eng th or
o n e foot n ine inches a n d a-half	a t t he least u p t o t h e unde r s ide of t h e

ground - f loor

a n d from

t h e n c e

t he th ickness

t w o b r icks i n

l eng th

or one foot

five

inches a n d a-half

a t t he l e a s t

u p t o t h e unde r s ide

t h e

floor o f t h e

rooms

( i f any)

i n t h e

roof of t h e h ighes t

bu i ld ing

adjoining t o such p a r t y - w a l l and	from thence o f t h e th ickness	of one
br ick and a -ha l f	i n l eng th or t h i r t een inches a t t h e least u p to t he	top

e v e r y

such

par ty-wal l .

5. A n d be i t enacted Tha t every warehouse stable and o ther bu i ld ing not be ing a dwell ing-house except such bui ld ings as are here in par t i cu la r ly declared to b e of t h e first fifth or s i x t h rate or class of bu i ld ing now bui l t or hereafter to b e bu i l t wh ich does or shall

e x c e e d two c l ear stories and sha l l no t contain m o r e t h a n t h r e e c lear

stories a b o v e g round

exclusive

t h e r o o m s

(if

a n y ) in t he

roof

thereof

or w h i c h is or sha l l b e of t h e h e i g h t

of t w e n t y - t w o

feet

a n d

sha l l n o t be o f t h e he igh t of t h i r t y - o n e feet f r o m t he surface of t h e pavemen t g round or way above t h e area before e i ther of t h e fronts thereof to t h e t o p of t h e blocking-course or coping o n t h e parapet

thereof
thereof a n d every dwel l ing-house which docs or shal l exceed five squares of building- on t h e g round p l an a n d shal l no t a m o u n t to more t h a n n ine squares of bu i ld ing on t h e g round p l a n thereof shal l be

deemed t h e second-rate or class of bu i ld ing .
6. A n d be i t enac ted Tha t every front side or other ex terna l wall (not be ing a par ty-wal l ) which shall after t h e said first day of J a n u a r y be bu i l t to any second-rate bu i ld ing or to any addi t ion t he re to or en la rgemen t thereof shal l be bu i l t and remain a t t h e foundat ion thereof of t h e th ickness of two br icks in l eng th or one foot five inches and a-half a t the least a n d shal l from thence regu la r ly and gradua l ly d iminish on each side of t h e wal l t w o inches a n d a-quar ter to t h e t op of t h e footing of every such wal l except where any immedia te adjoin ing bu i ld ing will no t admi t of such footing being made on the side of such wall n e x t such adjoining bu i ld ing in which case such footing shal l be made as nea r to t h e d imensions he re in directed as t h e case will admi t which footing shal l be n ine inches high, a t t h e least and wholly below t h e upper surface of t h e pavement and flooring-boards of the cel lar-story two inches a t t h e least and every such wal l shall from t h e top of such footing be of t h e th ickness of one br ick and a- half in l eng th or t h i r t een inches a t t h e least u p to t h e unde r side of

t he one pa i r of s ta i rs ' floor a n d from thence of t h e th ickness of one
br ick in l eng th or eight inches and a-half a t t h e least u p to t h e unde r side of t h e blocking-course or t he coping on t h e pa rape t of every such second-rate bu i ld ing except such p a r t s of every such wal l be ing above; t he ground-floor as shall be whol ly of s tone which pa r t s so be ing of s tone shal l be of t h e th ickness of n ine inches a t t h e least and except all recesses above t h e ground-floor in t h e said walls which shall be arched over so never theless as t h a t t h e a rch and t h e back of each such recess shal l respectively be of t h e th ickness of one br ick in l eng th or e ight

inches a n d a-half a t t h e least .

7. A n d be i t enacted T h a t every par ty -wal l which shall

after t h e said first day of J a n u a r y be bu i l t to any second-rate bu i ld ing or to any addi t ion there to or en la rgemen t thereof shal l be bu i l t and r ema in a t t h e foundat ion thereof of t he th ickness of t h r ee br icks and a-half in l eng th or two feet six inches a n d a-half a t t h e least and shal l from thence regu la r ly a n d gradua l ly d immish on each side of t h e wal l four inches and a-half t o t h e top of t h e footing of every such wall wh ich footing shall be n ine inches h igh a t t h e least and whol ly below the uppe r surface of t h e pavemen t a n d flooring-boards

of t h e cel lar-story two inches at t he least a n d every such par ty-wal l
shal l from t h e top of such footing be of t h e th ickness of two br icks
and a-half in l eng th or one foot n ine inches and a-half a t t h e least u p
to t he u n d e r side of t h e ground-floor a n d from thence of the th ickness of two br icks in l e n g t h or one foot five inches a n d a-half a t t he least u p to t h e u n d e r side of t h e floor of t h e two pair of s ta i rs ' s tory and from thence of t h e th ickness of one br ick and a-half in l eng th or

t h i r t e e n inches a t t h e least u p to t he t op of every such par ty -wal l .
8. A n d be it enacted T h a t every warehouse stable a n d other bu i ld ing no t be ing a dwel l ing-house except such bui ld ings as are here in pa r t i cu la r ly declared to be of t he first fifth or s ix th r a t e or class of bu i ld ing now bui l t or hereafter t o be bu i l t wh ich does or shall exceed one clear s tory and shal l n o t contain more t h a n t w o clear stories above g round exclusive of t h e rooms (if any) in t h e roof thereof or which is or shall be of t h e he igh t of more t h a n th i r t een feet and shall n o t be of t h e he igh t of twen ty - two feet from the surface of t he pave m e n t g round or way above t h e area before e i ther of t he fronts thereof to t h e t op of t h e blocking-course or t h e coping on t h e parape t thereof and every dwell ing-house which does or shal l exceed th ree squares and a-half of bu i ld ing on t h e g round p lan and shal l n o t

a m o u n t

amount to more t h a n five squares of building on t he ground plan
thereof shal l he deemed the th i rd - r a t e or class of building.

9. A n d be i t enacted Tha t every front side end or o ther ex terna l wal l (not being a par ty-wal l ) which shall after t h e said first day of J a n u a r y be bu i l t t o any th i rd - ra t e building or to any addi t ion the re to or enlargement thereof shall be bu i l t a n d remain a t t h e foundat ion thereof of t h e th ickness of two bricks in l eng th or one foot five inches a n d a-half a t t h e least and shall from thence regularly a n d gradually diminish on each side of the wal l two inches a n d a -quar te r to t h e top of t he footing of every such wal l except where any immedia te adjoining building will not admi t of such footing being m a d e on t he side of such wall next such adjoining building in which case such footing shall be m a d e as near to t h e dimensions he re in directed as t h e case will admit which footing shal l be six inches h igh a t t h e least a n d whol ly below t h e uppe r surface of t h e pavement and flooring-boards of t he cellar- s tory two inches in t he least and every such Avail shal l from t h e top of such footing be of t he thickness of one brick and a-half in l eng th or t h i r t een inches a t t h e least u p to t h e under side of t h e ground-floor and from thence of t he thickness of one brick in l eng th or eight inches a n d a-half a t t h e least u p to t h e under side of t he blocking-course or

coping on t he pa rape t of every such t h i rd - ra t e

building.

10. A n d be it enacted Tha t every par ty -wal l which shall after the said first day of J a n u a r y be bui l t to any th i rd - ra t e building or to any addition t he re to or enlargement thereof shall be bu i l t and remain at t h e foundation thereof of t h e thickness of t h ree br icks in l eng th or two feet two inches a t t he least and shal l from thence regularly and gradually diminish on each side of t h e Avail four inches and a-half to the top of t he footing of every such wal l which footing shall be n ine inches high a t t h e least a n d wholly below t h e upper surface of t h e pavement and flooring-boards of t he cellar-story two inches a t the least and every such par ty-wal l shal l from t h e top of such footing be of t h e thickness of two br icks in l eng th or one foot live inches and a-half a t t he least u p to t h e unde r side of t h e ground-floor and from thence of t h e thick ness of one b r ick and a-half in l e n g t h or t h i r t een inches a t t he least u p to t h e t op of every such par ty-wal l .

1 1 . A n d be i t enacted Tha t every warehouse s table and other building not being a dwelling-house except such buildings as are herein particularly declared t o be of t h e first fifth or s ix th rate or ( lass of building now built or hereafter to be bu i l t which does not or shall not exceed one clear s tory above ground exclusive of the rooms

height of more t h a n th i r t een feet from the surface of t he pavement	(if any) in t he roof thereof or which is not or shall not be of the
ground or way above the area before e i ther of the fronts thereof to the t op of the blocking-course or coping on t h e pa rape t thereof and every dwell ing-house which does not or shall not exceed th ree squares and a-half of building on t he g round p lan thereof shal l be deemed to be of the four th- ra te or class of building.
12. A n d be i t enacted Tha t every front side end or other external Avail which shal l after the said first day of J a n u a r y be built, to any four th- ra te building or to any addi t ion there to or enlargement thereof shal l be built and remain at t h e foundat ion thereof of the th ickness of two br icks in l eng th or one foot five inches and a-half at the least and shall from thence regularly and gradually diminish on each side of t h e Avail two inches and a -quar te r to the top of the footing of every such Avail except where any immedia te adjoining building will no t admi t of such footing being m a d e on the side of such Avail nex t such adjoining building in which case such footing shal l be m a d e as near to t he dimensions here in directed as t he case will admi t which footing shall be six inches high at the least and

wholly

whol ly below the uppe r surface of t he pavemen t and flooring-boards
of t h e cellar-story two inches a t t h e least and every such wal l shal l from the top of such footing bo of t h e th ickness of one br ick and a- half in l eng th or t h i r t e e n inches a t t h e least u p to t he u n d e r side of t he ground-floor and from thence of t h e th ickness of one br ick in l eng th or eight inches and a-half at t h e least u p to t he unde r side of t h e blocking-course or coping on the pa rape t of every such fourth-

ra t e bu i ld ing .

13 . A n d be it enacted Tha t every par ty -wal l which shal l after

t h e said first day of J a n u a r y be bu i l t t o any four th- ra te bu i ld ing or
t o any addi t ion the re to or en la rgement thereof shall lie bu i l t a n d re m a i n at t h e foundat ion thereof of t h e th ickness of two br icks in l eng th or one foot five inches and a-half a t t h e least a n d shall from thence regu la r ly and gradual ly d iminish on each side of t h e wall two inches and a-quar te r t o t h e top of t h e footing of every such wal l wh ich footing shal l be n ine inches h igh a t t h e least a n d wholly below t h e u p p e r surface of t h e pavemen t and flooring-boards of t h e cellar- s tory two inches at t h e least and every such par ty-wal l shal l from the top of such footing be of t h e th ickness of one br ick and a-half in l eng th or th i r t een inches at t h e least u p to t h e u n d e r side of t he "•round-floor and from thence of t he th ickness of one br ick in lengrth or eight inches and a-half at least u p to t h e top of every such pa r ty - wall .

14. A n d be i t enacted Tha t from a n d after t h e said first day of J a n u a r y every house or bu i ld ing thereafter

to be bu i l t

and

being

of t h e first second t h i r d or four th r a t e or class of bu i ld ing herein

before directed and not h a v i n g each of t h e m a separate a n d dis t inct
side-wall on t h e pa r t or p a r t s where they are or shall be cont iguous shal l have par ty-wal ls be tween house and house or o ther bu i ld ings or be tween so m u c h of such house and house or other bui ld ings as shal l no t respectively have such separate and dis t inct walls as aforesaid and such par ty-wal l s shall ex tend to t h e outer surfaces of t h e ex te rna l enclosures of each of t h e adjoining houses or bu i ld ings and all pa r ty - walls and also all ch imneys and chimney-shafts hereafter to be bu i l t shal l be bui l t whol ly of good sound br icks or stone or of good sound br icks a n d stone toge ther except such t imber wood lead or i ron work

as shal l or m a y be laid the re in according to t h e direct ions hereinafter

conta ined and also except such p i l ing b r idg ing or p l ank ing as may be

necessary for t h e foundat ion thereof a n d every such par ty-wal l shal l be topped or copped wi th stone t i le or br ick and shall be of t he

wal l between house and house or between other bui ld ings shall be dimensions hereinbefore directed and one half of every such par ty -

bui l t on t h e g round or site of one of t h e adjoining houses or bui ld ings and t h e other half thereof shall be bu i l t on t h e g round or site of t he o ther of t h e adjoining houses or bui ld ings and i t shall be lawful for t h e first bui lder of any such par ty-wal l and for t he workmen employed in bu i ld ing the same to enter upon t h e g round adjoining the re to in

order to t h e bu i ld ing such par ty-wal l in m a n n e r aforesaid.

15. Provided never theless and he it enacted Tha t every par ty -

wal l wh ich shal l after t h e said first day of J a n u a r y be bu i l t to any
dwell ing-house exceeding four stories in he ight from t h e foundat ion thereof exclusive of t he rooms (if any) in t h e roof of e i ther of t he bui ld ings adjoining the re to shall be bu i l t in every pa r t i cu la r acoording to t h e direct ions hereinbefore conta ined wi th respect to t h e par ty- wal ls of t he first-rate or class of bu i ld ing no twi th s t and ing such house shall no t be of t he first-rate or class of bu i ld ing and every par ty-wal l which shal l after t h e t ime aforesaid be bui l t t o any dwell ing-house con ta in ing four stories in he igh t from the foundat ion thereof exclusive of t he rooms (if any) in the roof of e i ther of the bui ld ings adjoining

there to

t he re to

shal l

bui l t

every pa r t i cu la r according to t h e

direct ions

hereinbefore

conta ined w i t h

respect t o par ty-wal l s

t h e t h i rd - r a t e

class of bu i ld ing n o t w i t h s t a n d i n g

such

house

shall

t h e

four th-

r a t e or class of bu i ld ing

only.

16. A n d be it enacted Tha t every in te rna l enclosure to be m a d e

after t h e said first day of

J a n u a r y for separa t ing any bu i ld ing

t h e

first second th i rd or four th r a t e or class of bu i ld ing from any other bu i ld ing where such buildings shall be in separate occupat ions and every addi t ion or en la rgement to such in te rna l enclosure shall be of b r ick or s tone or artificial s tone or stucco or of br ick and stone or artificial s tone or stucco toge ther except such t imber wood lead or i ron work as m a y be laid there in according to t h e directions herein after conta ined for ex terna l enclosures to such first second th i rd or four th r a t e or class of bu i ld ing and also except such p i l ing b r idg ing or

p l a n k i n g as m a y be necessary for

t h e foundat ion

t h e

same.

17. A n d be i t enacted Tha t in m e a s u r i n g t h e several bui ld ings

hereinbefore declared to be of t h e first second t h i r d or fourth

r a t e

class of bu i ld ing for t h e purpose of ascer ta in ing t h e ra te thereof such measu remen t shal l be made by t h e surveyor or surveyors to be appoin ted p u r s u a n t to th i s Act or any one of t h e m by as t r u e a measure as t h e n a t u r e of t he case will admi t and in ascer ta in ing the squares of bu i ld ing contained in every such bu i ld ing be ing a dwelling- bouse t h e same shal l be t aken by t h e surveyor or surveyors as afore said on t h e level of t he floor at t he pr inc ipa l en t rance to such dwell ing-house and no more t h a n such pa r t s of t h e par ty-wal l s as belong to such dwell ing-house shall be included in such admeasure m e n t and in case t h e owner or any other person interested in such bu i ld ing shal l app rehend h i m or herself to be injured b y the admea su rement m a d e by such surveyor or surveyors as aforesaid i t shal l be lawful for such owner or o ther person to apply to any two Jus t i ces of t he Peace for t he distr ict of Sydney and t h e said Jus t ices shall enqui re in to t he m a t t e r and shall by the i r order declare such bu i ld ing to be of such r a t e or class as t h e same shall t o t h e m appear to he of according to t he descript ion of t he several ra tes or classes hereinbefore conta ined and it shall be lawful for any of t h e par t ies be tween w h o m

such order shal l be m a d e to appeal to t he Jus t i ces of t he Peace

a t

t he i r Genera l Q u a r t e r Sessions of t h e Peace whose order

and

deter

m i n a t i o n

shal l be b ind ing

and

conclusive

upon all

par t ies .

18 . A n d be i t enacted Tha t every dwel l ing-house warehouse

s table a n d o ther

bu i ld ing

(except

such bui ld ings no t be ing dwelling-

houses as are hereinbefore par t icu la r ly declared to be t h e first-rate or class of bui ld ing) which is or shall be a t t h e dis tance of four feet a n d n o t e ight feet from any publ ic road street or causeway a n d is or shal l be detached from any other bu i ld ing not in t h e same possession the rewi th s ixteen feet a t t h e least and not t h i r t y feet or connected w i t h any other bu i ld ing only by a fence or fence-wall shall be deemed to be of t he fifth-rate or class of bu i ld ing a n d shall and m a y be bu i l t of any dimensions whatever .

19. A n d be i t enacted Tha t every dwell ing-house warehouse s table a n d other bu i ld ing (except such bui ld ings not be ing dwelling- houses as are hereinbefore par t icu la r ly declared to be of the first- r a t e or class of bui lding) which is or shall be at t h e dis tance of e ight feel from any publ ic road street or causeway and is or shall be detached from any other bu i ld ing not in the same possession the rewi th at least t h i r t y feet or connected wi th any o the r bui ld ing only by a fence or

fence-wall shall be deemed to be of t h e s ix th-ra te or

class of

bui ld ing

a n d shal l a n d m a y be bui l t of	any dimensions and wi th any mater ia l s
wha tever .

20. A n d in order to p reven t doubts which m a y arise concern ing t h e r a t e or class of bu i ld ing of any office or offices now bu i l t or hereafter to be bu i l t be long ing to any bu i ld ing hereinbefore declared to be of t h e first second t h i r d or four th r a t e or class of bu i ld ing Be it enacted T h a t every such office which shall be ent i re ly free and detached from such bui ld ing to which t h e same belongs or shal l be connected t he rewi th only by a fence or fence-wall or covered passage; open on one or bo th sides shal l be deemed to be of t he r a t e or class of bu i ld ing such office would be of if t he same did not apper ta in to any

dwell ing-house or o ther bu i ld ing .
2 1 . A n d whereas some houses or o ther bu i ld ings erected or

begun to be erected before t h e said first day of J a n u a r y may have one or more good sound par ty -wal l or par ty-wal l s a l t hough no t bu i l t agreeably to t he several rules hereinbefore directed to be observed concern ing par ty-wal l s to be bu i l t after t he said first day of J a n u a r y

a n d in such case i t m a y h a p p e n t h a t one of t h e adjoining houses m a y

have been or m a y hereafter be rebui l t w i thou t m a k i n g use of such

par ty-wal l or par ty-wal l s Be it therefore enacted T h a t every such wal l

m a y r ema in as a pa r ty -wa l l u n t i l bo th t h e houses or bu i ld ings to which

t h e same belongs or t he r ema in ing house or bu i ld ing where one has

been a l ready rebui l t shal l be rebui l t (if such wal l shall so long con
t i n u e sound) and no longer a n d t h a t in case e i ther of t h e houses or bu i ld ings to which any such par ty-wal l docs belong has been or shal l hereafter be rebu i l t w i th a wal l agains t such par ty-wal l (wi thout

m a k i n g use of such par ty-wal l ) of t h e he igh t s a n d th icknesses herein

before prescr ibed for side walls t h e propr ie tor of such r ema in ing house

or bu i ld ing shall no t when such r ema in ing house or bu i ld ing or w h e n

such old par ty-wal l shall be t a k e n down be en t i t l ed to more t h a n one-
half of t he mater ia l s of such old par ty -wal l nor to more t h a n one-half of t he g round on which such old par ty -wal l was erected nor shal l such propr ie tor bu i ld on more t h a n one-half of t h e said g round unless he sha l l have agreed wi th and satisfied t h e owner or owners of such adjoining rebu i l t house for t h e o ther half thereof and in case t h e pa r t i e s cannot agree concern ing t h e same and bo th or e i ther of t h e m

sha l l be desirous of b u y i n g or sell ing t h e pr ice and t h e m a t t e r s in
difference shal l be set t led by a j u r y to be s u m m o n e d r e t u r n e d and impannel led as hereafter is ment ioned concerning mixed p roper ty b u t if such r ema in ing house or bu i ld ing be of t h e first second or t h i rd

r a t e or class of bu i ld ing or be four stories h i g h from t h e foundat ion
thereof exclusive of t h e rooms (if any) in t h e roof thereof and if in

t h a t case such old par ty -wal l shal l n o t be of t h e th ickness of t w o
br icks in l eng th or one foot five inches and a-half a t t h e least from t h e foundat ion thereof to t h e u n d e r side of t h e ground-floor and from thence

u p w a r d s to t h e top thereof of t h e th ickness of one br ick and a-half in

l eng th or th i r t een inches a t t h e least t h e n such old par ty-wal l shall w h e n
e i the r of t h e houses or bu i ld ings to which t h e same belongs shal l be rebui l t be considered as if t h e same had been condemned or adjudged ru inous p u r s u a n t t o t h e direct ions hereinafter contained for condemning

or ad judging ru inous any u n s o u n d pa r ty -wa l l or if such old p a r t y -

wal l shal l have any t imbe r or t imbers of any adjoining bu i ld ing ly ing
t h r o u g h t h e same a n d if w h e n e i ther of t h e houses or bu i ld ings to which the same belongs shall be r ebu i l t t h e owner or owners of such adjoining or r e m a i n i n g house or bu i ld ing wil l no t pe rmi t so m u c h of such t imber to be cu t off as shall leave full six inches of clear br ick work beyond the end of every such t imber t h e n every such wal l shall be considered as if t h e same had been condemned or adjudged ru inous p u r s u a n t to th i s Ac t a n d t h e same shal l be t a k e n down and rebui l t in

such m a n n e r as is hereinaf ter directed concern ing par ty-wal ls wh ich
shal l be so condemned or adjudged ru inous .

22. A n d whereas some houses or o the r bu i ld ings erected or

b e g u n to be erected before t h e said first day of J a n u a r y one

t housand

e ight h u n d r e d

a n d th i r ty -e igh t

m a y have one or more good and

sound

t i m b e r

pa r t i t ion

or t imbe r

par t i t ions

be tween

the same and t h e

adjoin

ing house or bu i ld ing

be i t enacted T h a t every such

t imbe r

pa r t i t ion

m a y r ema in un t i l one of t he adjoining houses or bui ld ings to wh ich t h e same belongs shall be rebui l t or shal l have one of t h e fronts which shal l a b u t t on such t imber pa r t i t ion or two- th i rd pa r t s of one of such

fronts t aken down to t he b re s summer or one pa i r of s ta i rs floor

and

rebui l t or u n t i l such t imber pa r t i t ion shall be condemned p u r s u a n t t o t h e direct ions hereinafter contained concerning ru inous or defective

par ty -wal l s

a n d

par ty -par t i t ions

and

longer .

23 . A n d as a fur ther securi ty agains t lire be it enac ted Tha t

n o wal l or walls of any bu i ld ing of t h e first second th i rd or four th r a t e or class of bu i ld ing already erected or bu i l t or hereafter to be

erected or bu i l t or of any addi t ion or en la rgemen t m a d e or to be

m a d e

to any bu i ld ing of such first second t h i r d or four th r a t e or class of bu i ld ing which shal l n o t be a par ty-wal l on t h e said first day of J a n u a r y shall ever be or become a par ty-wal l unless t h e same shall

a n d remain of t h e he igh ts a n d

thicknesses above t h e footings

a n d

of t he mate r i a l s

hereinbefore

directed concern ing par ty-wal l s to be

erected after t h e t ime aforesaid.

24 A n d as a grea ter securi ty from fire be i t enacted Tha t every par ty-wal l wh ich shall be bu i l t after t h e said first day of J a n u a r y and every addi t ion or en la rgement which shall be thereaf ter made to any par ty-wal l t hen bu i l t or thereaf ter to be bu i l t shall be carr ied u p and remain one foot six inches a t t h e least above t h e roof of t h e h ighes t bu i ld ing which shal l gable agains t or adjoin to such par ty-wal l in every p a r t of such par ty-wal l where such bu i ld ing shall gable or adjoin there to measu r ing a t a right; angle w i th t h e back of t h e rafters of such roof and every such par ty-wal l shal l be carr ied u p and r ema in one foot a t t h e least above t h e gu t t e r s of t he h ighes t of such bui ld ings except t h e he igh t of such pa r ty - wal l where so carr ied u p shal l exceed t h e he igh t of t h e blocking- course or pa rape t of e i ther of t h e fronts a b u t t i n g on t h e same of t he h ighes t bu i ld ing adjoining the re to in which case t he end only of every such par ty-wal l n e x t such blocking-course or pa rape t m a y be less t h a n one foot above the g u t t e r for t h e dis tance of two feet six inches from the front of such blocking-course or pa rape t and in case any dormer or o ther erection is or shall be fixed in t h e flat or roof of any bu i ld ing

w i th in four feet of a n y par ty-wal l t h e n every such par ty -wal l shall be

carr ied u p aga ins t every such dormer or o the r erect ion and shall ex

t e n d for t h e b r ead th of a t least two feet wider and to t he full he igh t of of every p a r t of every such dormer or o ther erect ion as shal l be wi th in four feet of such par ty-wal l and no recess shal l be m a d e in any pa r ty - wall hereafter t o be bu i l t to any bui ld ing of t he first second th i rd or four th r a t e or class of bu i ld ing (except for chimneys flues girders a n d beams and other t imbers and for t he ends of walls or p iers as here inafter is directed) so as to reduce such wall in any p a r t thereof u n d e r t h e th ickness by th is A c t requi red for t h e par ty-wal l to t he h ighest

r a t e or class of bui ld ing

to which such par ty-wal l belongs and the re

shall no t be any opening whatever after t h e said first day of

J a n u a r y

m a d e in any par ty-wal l except for communica t ion from one stack of warehouses to ano ther and from one stable bu i ld ing to ano ther all which communica t ions shall have the re to i ron doors in such m a n n e r as is hereinafter directed and also except such passages or ways on the gound for foot passengers cat t le or carr iages as may be necessary all which passages or ways shall be arched over wi th b r i ck or stone or br ick and stone together t h r o u g h o u t of t he th ickness of th i r t een

4 Y inches
inches a t t he least in every bu i ld ing of t h e first and second r a t e or class of bu i ld ing a n d of t h e th ickness of e ight inches a n d a-half at t h e least in every bu i ld ing of t h e t h i r d or four th r a t e or class of bu i ld ing and if t he re be any cellar or vacui ty u n d e r any such passage every such cellar or vacui ty shal l be arched over t h r o u g h o u t w i th br ick or s tone or br ick a n d stone together in the same m a n n e r as t he passage or way over such cellar or vacui ty is hereby directed to be arched.

25. A n d be it enacted Tha t no t imber shall a t any t i m e after

t h e said first day of J a n u a r y be laid in to any pa r ty -a rch except for
bond to the same nor in to any par ty -wal l o ther t h a n such t emple t s chains and bond- t imbers as shal l be necessary for t h e same and other t h a n t h e ends of girders beams pur l ings and of b ind ing or t r i m m i n g jois ts or of other pr inc ipa l t imbers all wh ich t imber s shall have a t least e ight inches a n d a-half of solid br ick-work be tween the ends and sides of every such piece of t imber and the t imbe r of any bui ld ing adjoining thereto and t h e end of every girder b e a m pu r l i ng b ind ing or t r i m m i n g joists and of every o ther piece of pr incipal t imber m a y be laid beyond the centre of any par ty-wal l hereafter t o be bu i l t so never theless as t h a t t he re be left e ight inches and a-half a t least of solid brick or stone work a t t he end of every such piece of t imber except in places where any pa r t of t h e ends of any such t imbe r shal l lie opposi te to and level wi th any p a r t of t h e ends of any t imber of any adjoining bu i ld ing or bui ld ings in which case no pa r t of such t imbers shall approach nearer t h a n four inches to t h e cent re of t he said Mall.
20. A n d be it enacted Tha t no person shal l cu t or m a i m any pa r ty -a rch no r t h e shaft of any ch imney now bui l t or hereafter to be bu i l t or any par ty -wal l for any purpose whatsoever and t h a t no person shal l cu t or maim any pa r ty -wal l now bu i l t or hereafter t o be bu i l t o ther t h a n for t he purposes and in t he m a n n e r hereinafter men t ioned t h a t is to say w h e n t h e front or back wal l of any house or bu i ld ing be ing in a l ine wi th t he front or back wal l of t he house or bu i ld ing adjoining there to shal l a t any t ime hereafter be bu i l t it shal l be lawful to cut or b reak not more t h a n n ine inches deep from t h e ex te rna l face of such front or back wal l a n d to t h e centre of such pa r ty - wal l for t he purpose of inser t ing there in t h e end of such new front or b a c k wall and in every such case where a b r e s summer and s tory- posts shal l be fixed in t he ground-s tory of such new front or back wal l such break m a y be cu t from t h e foundat ion of such new front or back wall t o t h e top of such b re s summer four teen inches deep from t h e

inches wide in t he cel lar-story and two inches wide in t h e g round ex te rna l face of such front or back wal l and t h e same m a y be four

story for t he purpose of p lac ing there in such s tory-posts and bressum- mers agreeably to t h e direct ions of th i s Ac t and i t shall be lawful t o cut in to any par ty-wal l for t he purpose of ta i l ing in stone steps or stone landings or for p lac ing in such pa r ty -wa l l t imber for bearers to wood stairs so as no t imber bearer be laid in to any par ty-wal l nea re r t h a n e ight inches a n d a half to any ch imney or flue wha tever or t o any t imber of t he adjoining house or bu i ld ing or neare r t h a n four inches to t h e in t e rna l finishing of such adjoining house or bu i ld ing

and for t h e purpose of lay ing the re in s tone corbels for t h e suppor t of

ch imney j a m b s girders beams pur l ings b ind ing or t r i m m i n g jois ts or of o ther pr inc ipa l t imbers and it shall also be lawful to cut perpendi cular recesses into any par ty-wal l no t be ing less t h a n t h i r t een inches th ick for t h e purpose of inse r t ing walls a n d piers there in so never the less as t h a t no such recess he more t h a n fifteen inches wide or more t h a n four inches deep a n d t h a t no such recess be nearer t h a n t en feet to any o ther recess and i t shal l be lawful t o cut off t h e footing on t h e side of any par ty-wal l where ei ther of t h e adjoining bui ld ings shal l

be rebu i l t w i t h a wal l agains t such par ty -wal l

b u t

every

person

who

shal l cu t in to any par ty-wal l for any of t h e purposes aforesaid

shal l

immedia te ly m a k e good a n d well and

effectually

pin u p w i t h

br ick

s tone slate t i le shell or i ron bedded in m o r t a r every defect which	shal l
be occasioned by t he c u t t i n g of any such par ty-wal l and no	par ty -wal l

shal l be cu t for any of t h e purposes aforesaid if t he c u t t i n g thereof wil l in jure displace or endanger t h e t imbers chimneys flues or in te rna l

finishings of t h e adjoining

bui ld ings .

27. A n d be it enacted That t he back of every chimney in every

par ty-wal l

wh ich shall after t h e said first

day of J a n u a r y be

bu i l t

shal l be at least th i r t een inches th ick in t h e cellar s tory a n d e ight inches a n d a-half th i ck in every o ther s tory from t h e hea r th of every such c h i m n e y to t he he ight of twelve inches above the m a n t l e in every such chimney and t h a t no ch imney which shall after t h e said f irst day of J a n u a r y be bu i l t i n any par ty-wal l where ei ther of the bui ld ings adjoining the re to is of t he first-rate or class of bu i ld ing shall be bu i l t wi th t h e back thereof against t he back of any o ther chimney unless the back of each chimney in t he cellar-story be a t least eight inches and a-half and t h e back of each chimney in any of t he upper stories he at least four inches and a-quar te r from t h e cent re of such par ty-wal l a n d t h a t no ch imney which shall after t he said first day of -January be bu i l t in any par ty -wal l where e i ther of t h e bui ld ings adjoining the re to is of t he second th i rd or fourth r a t e or class of bu i ld ing shal l be bu i l t w i t h t h e back thereof aga ins t t h e back of any o ther ch imney unless t he back of each ch imney in t h e cellar- story be a t least six inches and a-half and t h e back of each ch imney in any of t h e uppe r stories be a t least four inches and a -quar t e r from the cen t re of such wail and t h a t no flue shal l be bui l t opposite to ano ther flue in any par ty-wal l unless t h e hack of each flue be at least two inches from t h e cent re of such par ty -wal l t h e breas t of every flue which shal l after t h e said first day of J a n u a r y be bui l t whe the r such flue be in a par ty-wal l or no t shal l be of br ick or s tone a t least e ight inches a n d a-half thick in every cel lar-s tory and a t least four inches t h i ck in every other- story all t he withs or par t i t ions between any flues which shall after t h e said first day of J a n u a r y be bui l t shall be of br ick or s tone and every such w i th or par t i t ion of br ick shall be a t least half a br ick thick a n d every breast and back of every ch imney and every breas t back and wi th or pa r t i t ion of any flue hereafter t o be bu i l t shall be rendered or pa rge t t ed w i th in a n d wi thou t except t h e outside thereof which

shall be n e x t to vacan t g round in which case t h e back of every

ch imney a n d flue n e x t such vacan t g round shall be by line or in some

durable m a n n e r m a r k e d and dis t inguished except in a fore-front hack- front or side-front of any bu i ld ing not l ikely hereafter to be bui l t agains t a n d every back of every such ch imney and flue so being agains t such vacan t g round shall be rendered or pa rge t t ed as soon as any bui ld ing shal l be erected to such wall .

28. Provided always and be it enacted Tha t if any person or persons be ing possessed of or ent i t led u n t o any p a r t of t h e g round whereon a party-Avail is in tended to be bui l t shall be desirous of hav ing chimney j a m b s breas t and flues of chimneys m a d e in any such par ty-wal l on his her or the i r pa r t thereof or shall be desirous of hav ing a recess or recesses left in t h e said party-Avail of t h e several bread ths and depths in and by this Act allowed to be left or cut i n to any par ty-wal l for t h e purpose of inse r t ing there in external or in te rna l Avails or piers or for any o ther purpose allowed by th is Act and of such desire shall give not ice in wr i t i ng unde r his her or their hands pa r t i cu la r ly describing every such ch imney j a m b breast and due and every such recess to t he bui lder or bui lders of such party-Avail or

any
a n y one of t h e m a t a n y t i m e before such par ty-wal l shall be begun to be bu i l t t h e n such bui lder or bui lders of such par ty-wal l shal l after

such not ice so given erect in a p roper subs tan t ia l a n d workmanl ike

m a n n e r such and so m a n y chimney j a m b s breas ts a n d flues of ch imneys
in all such p a r t s of every such pa r ty -wa l l as shall be by t h e person or persons g iving such not ice requi red a n d shal l also leave such recesses in every such par ty-wal l n o t be ing in any respect con t ra ry to t h e ru les

regula t ions and res t r ic t ions in and by th i s Ac t prescribed and from
a n d after t h e erect ing such j a m b s breas t s and flues of ch imneys so requi red t he person or persons giving such not ice his he r or t he i r executors a n d admin i s t r a to r s shal l be deemed to have m a d e use of such par ty-wal l a n d shal l from thencefor th be l iable to pay t h e whole expense of e rec t ing a n d se t t ing u p all such j a m b s breas ts a n d flues of ch imneys erected in pu r suance of such not ice a n d also such propor t ional p a r t of t h e expense of e rec t ing such wal l as is hereinafter directed concern ing par ty-wal l s t o be bu i l t after t h e said first day of J a n u a r y to be recovered in case of non -paymen t w i th full costs of sui t i n l ike m a n n e r as any propor t ion of any par ty -wal l is by th is A c t m a d e recoverable by t h e bu i lder thereof from any other person l iable to

con t r ibu te the re to .
29. A n d whereas several houses and other bu i ld ings w i th in t he l imi ts aforesaid are or m a y be bu i l t in some p a r t thereof over a publ ic way a n d in several houses or o ther bu i ld ings w i th in t h e l imi ts aforesaid several of t h e rooms or floors of such houses or bu i ld ings are or m a y become t h e p roper ty of different owners a n d lie in t e rmixed w i t h o u t be ing separated by any par ty-wal l a n d w i t h o u t be ing arched over and unde r each o ther w i t h br ick or s tone or br ick and s tone t h r o u g h o u t Be it therefore enac ted T h a t w h e n any house or o ther

bu i ld ing except as hereinaf ter is excepted so bu i l t i n any p a r t thereof
over a publ ic way or any house or bu i ld ing except as hereinaf ter is excepted h a v i n g any rooms t h e p roper ty of different persons and in ter m i x e d as aforesaid shall be rebui l t t he r e shall be a par ty-wal l according

to t he direct ions hereinbefore conta ined for t he h ighes t r a t e or class

of bu i ld ing adjoining the re to wi th a pa r ty -a rch or par ty-arches of t h e
th ickness of one br ick a n d a-half in l eng th or t h i r t een inches a t t h e least in every bu i ld ing of t he first a n d second r a t e or class of bui ld ing a n d of t h e th ickness of one br ick in l eng th or e ight inches a n d a-half

a t t h e least in every bu i ld ing of the t h i r d and four th ra te or class of
bu i ld ing be tween house and house or o ther bu i ld ing or between the different rooms or floors so be ing the proper ty of different persons as

aforesaid.

30. A n d whereas i t m a y sometimes happen t h a t no par ty-wal l
or pa r ty -a rch can be bu i l t u p o n proper foundat ions be tween such houses and other bui ld ings over publ ic ways or hav ing rooms or floors t h e p roper ty of different persons ly ing in te rmixed as aforesaid wi th ou t pu l l ing down such houses or bui ld ings and lay ing pa r t s of each to t h e o thers of such houses or bu i ld ings a n d i t m a y happen t h a t t h e par t ies in teres ted the re in or some or one of t h e m will no t or cannot by reason of some legal disabil i ty or otherwise jo in in bu i ld ing such par ty -wal l or par ty -a rches as aforesaid or in pu l l ing down such houses a n d in l ay ing p a r t s of each to t h e o ther or o thers of such houses in al l wh ich cases differences m a y arise amongs t t h e said several owners a n d the rebui ld ing t h e same and t h e said par ty-wal l s or par ty-arches thereof may be the reby prevented or delayed to t h e grea t in jury or inconvenience of such of t h e owners as a re desirous of rebui ld ing F o r remedy thereof and in order to p reven t t h e fatal effects of fire be i t enacted T h a t in all a n d every or any of such cases when any owner or owners of any such house or o ther bu i ld ing wi th in t he l imi ts

aforesaid bu i l t over any publ ic way or in te rmixed as aforesaid shal l
be

be desirous of rebu i ld ing such house or o ther bu i ld ing and the owner or owners of t h e adjoining house or bu i ld ing or of t h e other p a r t s of such in te rmixed house or bu i ld ing shall no t be wi l l ing or shal l no t by reason of some legal disabil i ty or otherwise be able to jo in in such rebu i ld ing t h e n t h e p a r t y or par t ies so desirous of

rebu i ld ing shall give notice in wr i t i ng to t h e owner or owners of

such

adjoining house or houses or o ther bu i ld ings or of t h e

o ther p a r t s

such in te rmixed house or bu i ld ing t h a t he

she or they

in tend ing

to rebui ld will apply to t he Jus t i ces of t h e Genera l Q u a r t e r Sessions of t he Peace to be nex t holden in t h e distr ict of Sydney after four teen days from t h e delivery of such not ice in order t o obta in the j u d g m e n t and de te rmina t ion of t h e said Cour t of Q u a r t e r Sessions t o u c h i n g t h e rebu i ld ing of such house or houses or o ther bu i ld ings or such par ty-wal ls or par ty-arches to be described in such notice, a n d for ascer ta in ing t h e si te of a par ty-wal l or par ty-wal ls or t h e

s i tua t ion of any par ty -a rches to be bu i l t according to t h e direct ions

and

res t r ic t ions in th i s Ac t conta ined by delivering a t r u e copy of such not ice to t h e owner or owners of such adjoining house or houses or o ther bu i ld ings or of t h e o ther p a r t s of such in t e rmixed house or

bu i ld ing or in case such owner or owners shall be u n d e r t h e

disabili ty

of cover ture infancy idiocy or lunacy t h e n to t h e h u s b a n d or husbands of such owner or owners unde r cover ture or to t h e guard ians t rus tees or commit tees of such owners be ing unde r t h e disability of infancy idiocy or lunacy respectively or by leaving t h e same a t h i s he r or t he i r las t or u sua l place of abode or by delivering a t r u e copy of such not ice to t h e t e n a n t in possession of such adjoining house or houses or other bu i ld ings or of t h e o ther p a r t s of such in t e rmixed house or bu i ld ing or in case such house or bui ld ings

shal l be un inhab i t ed t h e n by fixing such copy

wr i t t en fair and in a

legible h a n d to or u p o n t h e door or some other notor ious p a r t of such adjoining or in te rmixed house or o ther bu i ld ing which shall be u n i n h a b i t e d and in every such case i t shal l a n d m a y be lawful to and

for t h e said Cour t of Q u a r t e r Sessions and t hey

are hereby

author ized

a n d requ i red upon appl icat ion to t h e m by t h e p a r t y or par t ies so desirous to rebui ld a n d upon such proof of such not ice as they shall deem reasonable to issue the i r w a r r a n t or wa r r an t s precept or precepts

to t h e Sheriff of

New South Wales r equ i r ing h im to i m p a n n e l and

r e t u r n

a competent n u m b e r of subs tant ia l and dis interested persons qualified to serve on ju r i es wi th in t he respective distances to which they are s u m m o n e d not less t h a n twenty-four nor more t h a n th i r ty -s ix and

out of such persons so to be impannel lcd summoned a n d re tu rned a

jury of twelve persons shal l be drawn by some person by t h e said Court

of Q u a r t e r

Sessions appoin ted in such m a n n e r

as ju r ies are directed

be drawn for t h e t r ia l of issues jo ined in t he Sup reme

Cour t

which

persons so to be impannel led s u m m o n e d and r e t u r n e d a re hereby requi red to come a n d appear before t h e said Cour t of Qua r t e r Sessions a t such t ime a n d place as in such w a r r a n t or warrants precept or pre cepts shal l be appoin ted and the re to a t t end from day to day un t i l dis charged by t h e Cour t and all par t ies concerned shall and m a y have the i r lawful chal lenges agains t any of t h e said j u r y b u t shal l n o t be at l iberty to chal lenge t h e a r r ay and t h e said Cour t of Q u a r t e r Sessions is hereby author ized and empowered b y precept or precepts from t ime to t ime as occasion m a y requi re to call before t h e m all and every person or persons who shal l be t h o u g h t p roper or necessary to be examined as a witness or witnesses before them on oa th concern ing t h e premises and the said Cour t if t hey t h i n k fit shall and may likewise au thor ize t he said j u r y to v i e w t he place or places in question in such m a n n e r as they shall direct and shall have power to command such j u r y and all such witnesses and par t ies as shall be

necessary

necessary or proper to a t t end u n t i l all such affairs for which they are

summoned shal l be concluded and t h e said j u r y u p o n the i r oaths
(which oaths as also t h e oa ths to persons called u p o n to give evidence t h e said Cour t a re hereby empowered and requi red to adminis ter) shall enqui re a n d t r y a n d de termine by the i r verdic t whether t h e premises in any of t h e cases aforesaid ough t to be rebui l t or no t a n d if t h e same ough t to be rebui l t shall award and de te rmine t h e s ight of a par ty-wal l or par ty-wal ls and also w h a t par ty-arches m a y be necessary over or unde r any rooms of such house or houses or other bu i ld ings so in t ended to be rebui l t or shall ascer ta in t h e quan t i t y of t h e soil or g round or o ther pa r t s of the premises (if any) necessary to be laid to or t a k e n from t h e house of t h e person or persons desirous to rebui ld p e r m i t t i n g such person or persons to erect a pa r ty -wal l or par ty-wal l s pa r ty -a rch or pa r ty - arches and shal l ascer ta in a n d award w h a t (if any) compensat ion should be m a d e and pa id b y e i ther or any of t h e said par t ies in difference to t he o ther or o thers of t h e m in l ieu of t h e lessening ei ther of t h e said houses or o ther bu i ld ings by such par ty -wal l or pa r ty - wal ls pa r ty -a rch or par ty-arches or as a satisfaction for such other in jury (if any) as shal l be done or occasioned the reby to any or e i ther of t h e said par t ies and shal l also ascer ta in a n d award w h a t pro por t ion of t h e expense of bu i ld ing such par ty-wal l or par ty-wal ls

pa r ty -a r ch or par ty -a rches shall w h e n t h e same are so bu i l t be repaid

b y e i ther or any of t h e par t ies in difference to t h e person or persons

so r ebu i ld ing as aforesaid a n d t h e said Cour t of Q u a r t e r Sessions

shal l give j u d g m e n t according to such verdict as wel l for de te rmin ing
t h e site of such in tended par ty-wal l or par ty-wal l s pa r ty -a rch or pa r ty - arches as also for such s u m or sums of money (if any) so assessed by t h e said j u r y and l ikewise for such propor t ion of t he expense of bui ld i ng such par ty -wal l or par ty-wal ls pa r t y - a r ch or par ty -a rches so found or awarded by t h e said j u r y to be repaid to t h e person or persons who shal l rebu i ld or shal l have rebu i l t t h e same a n d shall and m a y (if t hey see fit) award to e i ther of t h e par t ies such costs as they shall deem reasonable which verdic t or verdicts and the j u d g m e n t order or deter mina t ion t h e r e u p o n shall be b ind ing a n d conclusive aga ins t all and every person and persons bodies poli t ic and corporate c la iming any es ta te r igh t t i t l e t r u s t use or in teres t in to or out of t he said premises or any p a r t thereof e i ther in possession reversion r ema inde r or expect ancy as also against t he K i n g ' s Mos t Exce l l en t Majesty H i s He i r s a n d

Successors and aga ins t infants and issue u n b o r n persons in revers ion

any o ther legal incapaci ty or disabil i ty and agains t all t rus tees and or remainder lunat ics idiots and femes covert a n d persons u n d e r

cestuique t r u s t s h is her and the i r successors heirs executors and admin i s t r a to r s and agains t all o the r persons whomsoever a n d all

a n d every t h e said verdicts j u d g m e n t s orders and de terminat ions

a n d all o ther proceedings of t he said Cour t of Quar t e r Sessions so to be m a d e given and p ronounced as aforesaid shall be by t h e Clerk of t h e Peace entered and filed as of record of t he said Cour t (for t h e en t ry and filing whereof and for every order of Cour t and copy thereof t h e said Clerk of t he Peace shall he pa id after t h e r a t e of twelve pence for every one h u n d r e d words and no more) and t h e said Clerk of t h e Peace is hereby empowered and requi red to m a k e and deliver to any person r equ i r ing t h e same an exemplification u n d e r his h a n d and seal of any such verdict j u d g m e n t order and deter mina t ion be ing paid for t h e same after t h e r a t e of twelve pence for every one h u n d r e d words and every such exemplification shall and m a y be t aken and read as evidence in all Cour ts of L a w and E q u i t y whatever and after the expi ra t ion of four teen days from and after t h e ob ta in ing such j u d g m e n t and p a y m e n t or tender in m a n n e r

hereinafter

hereinaf ter directed of t h e sum or sums of money (if any) thereby assessed or awarded or where no s u m of money shall be so assessed or awarded after t he expi ra t ion of fourteen days from and after t h e

ob ta in ing such j u d g m e n t	t he person or persons who shal l have applied
for a n d obtained such j u d g m e n t his her or the i r hei rs	executors

admin i s t ra to r s

servants

or w o r k m e n

shall

and

m a y

pu l l

down

his he r or the i r own house or o ther bu i ld ing and rebui ld t h e

same

in t h e m a n n e r so ascer ta ined b y such j u d g m e n t and to t h a t end shal l and m a y in t h e presence of a constable or other officer of t h e peace after t h e end of fourteen days after such j u d g m e n t order and de te rmina t ion shal l have been obta ined enter u p o n the site of g round

so ascer ta ined

for

par ty-wal l or

par ty-wal l s

pa r ty -a r ch or

pa r ty -

arches a n d in to t h e house or other bu i ld ing (if any be) adjoining

t h e

house or

par ty-wal l

or par ty-wal l s pa r ty -a rch

par ty-arches

in tended to be rebui l t a t any t ime between t h e hour s of six in

t he

m o r n i n g and seven in t h e afternoon (Sunday Good F r i d a y and Chris t m a s D a y excepted) and if t h e outer door of such house or other bu i ld ing be shu t and t h e occupier or any other person the re in refuse to open t h e same being t h e r e u n t o requ i red or if such house or o ther bu i ld ing be empty and unoccupied shall and m a y b reak open such outer door and remove to some other p a r t of t h e same premises or in case t he r e be no room on t h e premises sufficient for t h a t purpose to remove to any o ther place any goods furn i ture shelves or other t h i n g obs t ruc t ing

t h e

bu i ld ing of

such

in tended

par ty-wal l

par ty-wal l s

pa r ty -a rch

or par ty-arches or t h e pu l l ing down any wall pa r t i t ion or other t h i n g necessary to be pul led down a n d removed in order to the bu i ld ing such in tended par ty-wal l or par ty-wal ls pa r ty -a rch or pa r ty - arches a n d from and after such en t ry as aforesaid a n d a t all usua l t imes of w o r k i n g i t shall be lawful for t h e bui lder or bui lders employed to erect such in tended par ty-wal l or par ty-wal ls par ty-arch or par ty-arches and his and the i r servants and al l o thers employed by h i m or t h e m to en te r in to a n d upon the premises and abide therein t h e u sua l t imes of work ing for t he shor ing u p t h e said house or other

bu i ld ing so b roken into or entered u p o n

and for t a k i n g down

and

removing any par ty-wal l or par ty-wal ls

pa r t i t ion wainscot or other

t h i n g necessary to be t a k e n down

and

removed for t he purpose afore

said a n d to bu i ld such in tended par ty -wal l or par ty-wal ls par ty- a rch or par ty-arches and if any such owner or occupier or other person or persons shall i n any m a n n e r h inder or obs t ruc t any work m a n or w o r k m e n employed for any of t h e purposes aforesaid or

wilfully damage or injure t h e said works every such owner or occupier

the s u m of t en pounds to be levied recovered and applied as the	or o ther person so offending shal l for every such offence forfeit and pay
several penal t ies of t en pounds hereinaf ter men t ioned a rc directed to be levied recovered and applied.

3 1 . Prov ided also and be i t enacted Tha t w i th in t e n days after

such par ty -wal l or par ty-wal l s pa r ty -a rch or par ty-arches shal l be so bu i l t t h e person or persons who shal l have rebuil t t h e same his he r or the i r executors admin is t ra to rs or assigns shall leave a t r u e

account in wr i t ing of t h e expense of bu i ld ing the same w i t h

t he

p a r t y or par t ies so awarded by t h e j u r y as aforesaid to cont r ibu te to t h e expense thereof or a t his he r or the i r last or u sua l place of abode or in case such pa r ty or par t ies be unde r cover ture to her or t he i r respective husbands or if infants idiots or luna t ics t h e n to the i r respect ive guard ians t rus tees or committees or in t he case of any body corporate be ing so awarded to cont r ibu te as aforesaid t hen to t h e ac t ing chief officer of such Corporat ion who shal l pay to t he person or persons who shal l have rebui l t such par ty-wal l or par ty-wal l s pa r ty -a rch or par ty-arches as aforesaid his he r or the i r

executors adminis t ra tors or assigns t h e propor t ion

t h e expense of

bu i ld ing
bui ld ing the same so awarded b y t h e said j u r y as aforesaid wi th in twen ty -one days after demand thereof or in case t h e same be n o t so paid i t shal l be lawful for t h e t e n a n t or occupier of t h e house or bu i ld ing so chargeable t he rewi th to pay t h e same and to deduct t h e money so pa id out of t h e n e x t r en t which shall become due to t h e owner or owners of such house or bu i ld ing or t h e same m a y be recovered from t h e p a r t y or par t ies so awarded to pay t h e same by act ion of debt bil l p la in t or informat ion in t h e Supreme Cour t w i th double costs of suit .

32. Provided a lways and be i t enacted T h a t u p o n every

appl icat ion to t h e Genera l Q u a r t e r Sessions of t he Peace for t h e dis t r ic t of Sydney for or concerning any m a t t e r t o be by such Q u a r t e r Sessions ordered directed or done in p u r s u a n c e of th i s A c t t he j u r y (if any) to be empannel led and all par t ies requi red to a t t end the said Q u a r t e r Sessions p u r s u a n t t o such appl icat ion m a y a t t h e discretion of said Cour t be empannel led and requ i red to a t t end a t some genera l or special ad journment of t h e said Q u a r t e r Sessions wi th in six weeks nex t after such appl icat ion which said adjourn m e n t shal l be to some convenient place in t h e said town of Sydney to be appoin ted by t h e Jus t ices in t h e said Q u a r t e r Sessions and t h a t

from t ime to t ime every fur ther mee t ing of t h e said Q u a r t e r Sessions

for any t h i n g to be done u p o n such appl ica t ion shal l be appoin ted a t

or wi th in t h e space of t h ree weeks from t h e las t mee t ing which adjourn

m e n t and ad jou rnmen t s t h e Jus t i ces of t h e Peace for t he said dis t r ic t

a n d every of t h e m are hereby empowered and requi red to m a k e and
hold from t i m e to t i m e as the re shall be occasion.

33 . A n d be i t enacted Tha t i t shal l and m a y be lawful t o and

for t h e said Cour t of Q u a r t e r Sessions a n d t hey are hereby empowered a n d requi red from t i m e t o t i m e to impose any reasonable fine or fines on t h e said Sheriff or h is depu ty or deputies m a k i n g default in t h e premises and on any of t h e persons w ho shal l be summoned a n d r e t u r n e d on such j u r y a n d shal l no t appear a t t h e t ime and place in such summons specified or appea r ing shal l refuse to be sworn on such j u r y or to give his or the i r verdic t or in any m a n n e r wilfully

neglec t ing his or t h e i r d u t y the re in con t ra ry to t h e t r u e i n t e n t a n d

m e a n i n g of th i s A c t and on any of t h e persons hav ing not ice t o
a t t end to give evidence t o u c h i n g t h e premises who shal l n o t a t t end or a t t end ing shal l refuse t o be sworn examined a n d give evidence a n d from t ime to t i m e i n default of p a y m e n t thereof on demand to levy such fine or fines in such m a n n e r as other fines set by the

said Cour t have been usua l ly levied so t h a t no fine shal l exceed t h e
s u m of t e n pounds u p o n a n y one person for any one offence and such fine or fines w h e n so received or levied and recovered shall be appl ied to and for t h e use of t he person or persons so app ly ing to t h e said Cour t of Q u a r t e r Sessions and to and for no o ther use or purpose whatsoever a n d if such person or persons h a v i n g not ice to a t t end and give evidence as aforesaid shal l no t a t t end and give evidence accordingly hav ing h a d t e n days previous notice in wr i t i ng thereof unde r t he hands of t he p a r t y on whose behalf such evidence shal l be wan ted his gua rd i an t rus tee commit tee a t to rney or agen t and h a v i n g been tendered his reasonable charges a n d expenses for such a t t endance he she or they so neg lec t ing or refusing to give evidence shal l be l iable to an action on t h e case to be b r o u g h t in t h e Supreme Cour t agains t h i m her or t h e m respectively b y t h e p a r t y or par t ies on whose behalf any such not ice to a t t e n d as aforesaid shal l have been given in which t h e plaintiff or plaintiffs shal l recover the i r damages occasioned b y such non-a t t endance w i t h full costs of sui t and such a n d no o the r just if icat ion or excuse shal l be allowed for non-a t t endance as is by law al lowable for t he non-a t t endance of witnesses legally summoned to appear a n d give evidence on t r ia l s of issues joined in t h e said Supreme

Cour t

Cour t provided the Cour t of Q u a r t e r Sessions where such witness or witnesses shall appear m a y (if they shall t h i n k fit) order such fur ther s u m to be pa id to such witness or witnesses respect ively for the i r a t t endance on such Cour t as to t h e m shal l seem reasonable in p ropor t ion to t he t ime such witness or witnesses shal l a t t end and such wi tness or witnesses shall n o t be compelled to give evidence before; such fur ther s u m or sums (if any) as shall be so ordered shall be paid

to t h e m

respectively.

34. A n d whereas i t m a y h a p p e n t h a t par ty-wal ls or pa r ty -

arches or party-fence walls bui l t or to be bu i l t w i th in t h e l imits aforesaid m a y be defective or so far ou t of repa i r as to r ende r it necessary to pu l l down and rebui ld t he same or some p a r t or p a r t s

thereof as well when bo th or e i ther of t h e adjoining houses or

o ther

bui ld ings may no t requ i re to be rebui l t as w h e n t h e

said houses

bui ld ings or one of t h e m m a y requi re to be rebu i l t Be i t enacted T h a t from and after t h e said first day of J a n u a r y every owner of any house or building w i th in t h e l imits aforesaid who shall t h i n k it necessary

to repai r pu l l down or rebui ld any par ty-wal l	or par ty-fence Avail or
any p a r t or pa r t s thereof between any such house or building or	the

g round there to adjoining a n d t h e n e x t adjoining house or bu i ld ing or the g round the re to adjoining shall (in case t he owner or owners of such adjoining house bu i ld ing or g round wil l no t or by reason of any legal disabili ty or otherwise canno t agree touch ing t h e repair

i n g

pu l l ing

down

or rebui ld ing the

same) give th ree

m o n t h s '

no t ice in writing t o t h e owner if he is k n o w n a n d can be m e t w i t h or if such owner or owners be unde r cover ture to he r or the i r husbands respectively or if unde r t h e disabili ty of infancy idiocy or lunacy to t he gua rd i an or guard ians t rus tee or t rus tees commit tee or com mi t tees of such infant idiot or luna t ic respectively or otherwise to t h e occupier of such adjoining house bu i ld ing or g round of such his or he r in t en t ion to repai r or pu l l down such par ty-wal l pa r ty -a rch or party-fence wal l or any p a r t thereof b y del ivering a copy of such notice to such owner or occupier or o ther person or or persons as aforesaid or by leaving t h e same a t h i s her or the i r last or usua l place of abode or if such adjoining house or bu i ld ing be un occupied by fixing a copy of such not ice on the door of such last- men t ioned house or bu i ld ing which not ice shal l be in t h e form or to t h e effect folloAving—"Apprehending the par ty-wal l pa r ty -a rch or par ty - " fence Avail or some p a r t thereof fas the case shall be) between " t he house or bu i ld ing or g round fas the case shall be) the re to

" adjoining s i tua te	inhab i ted or occupied by
" and m y house or bu i ld ing or g round fas the case shall be) adjoining

" there to to be so far out of repai r as to render i t necessary to repair or " pul l down and rebui ld t h e same or some p a r t thereof Take notice

" t h a t

in tend

to have t h e said par ty-wal l pa r ty -a rch or party-fence

" Avail fas the case shall be) surveyed p u r s u a n t t o a n A c t of t he " Governor and Council passed in t h e e igh th year of t h e re ign of K i n g

Wi l l i am

t h e F o u r t h

and t h a t

have appoin ted

" and	of	m y surveyors to mee t a t	in
"	(being	at some place within the limits aforesaid)	on my

" behalf on t he

day of

nex t a t

the

" clock in t he

of t he same da) ' (being between the

hours

" of six in the morning and six in the afternoon) a n d I do hereby " requ i re and call upon you to appoin t two o ther surveyors or aide " workmen on your pa r t t o mee t t h e m at t h e t ime and place aforesaid " to v i e w t he said par ty-wal l pa r ty -a rch or a par ty-fence Avail fas the " case shall be) a n d to certify t he s ta te and condit ion thereof and " whe the r t h e same or any pa r t thereof ough t to be repaired or pul led

" down and rebui l t

Dated th is

day of

4 z A n d
A n d every such owner if he is k n o w n and can be me t w i th or in case such owner be under any disabil i ty as aforesaid t h e n such person or persons as aforesaid to w h o m such not ice shall be so given or o ther wise t h e occupier to w h o m such not ice shal l be so given shall appoin t two surveyors or able w o r k m e n to mee t a t t h e t ime and place in such not ice men t ioned and t h e y toge ther w i th t he two surveyors or w o r k m e n

n a m e d by t h e p a r t y g iving such not ice and whose names shall be ex

pressed in such not ice m a y view such par ty -wal l pa r ty -a rch or pa r ty -
fence wal l a n d certify t h e s ta te and condi t ion thereof and w h e t h e r t h e same or any p a r t thereof ought to be repai red or pul led down and re bu i l t a n d such surveyors so respectively n a m e d as aforesaid or in case t h e owner or occupier of such adjoining house or bu i ld ing or such other person as aforesaid hav ing not ice as aforesaid shal l refuse or neglect t o n a m e such two surveyors or able w o r k m e n according to

such not ice t h e n t h e t w o surveyors or w o r k m e n n a m e d in such not ice

toge the r w i t h two other surveyors or able w o r k m e n also to be n a m e d
by t h e p a r t y giving such not ice as aforesaid shal l a n d m a y wi th in six days after t h e t ime appoin ted in such not ice view the pa r ty-wal l pa r ty -a rch or party-fence wall i n t ended to be repaired or pul led down a n d shall certify in wr i t i ng unde r the i r h a n d s to t h e said

Jus t i ces of t h e Peace in the i r n e x t Genera l or Q u a r t e r Sessions of
t h e Peace t h e s ta te a n d condition of such par ty-wal l pa r ty -a r ch or par ty-fence Avail and whe the r t h e same or any p a r t thereof ough t to be repa i red or pu l l ed down and rebui l t and in case t h e major p a r t of t h e surveyors or w o r k m e n appointed in m a n n e r aforesaid to view such par ty-wal l pa r ty -a rch or par ty-fence Avail so in tended to he repai red or pu l led down shal l no t w ithin t h e space of one m o n t h n e x t after such appo in tmen t sign such certificate in wr i t i ng t h e n a n d in every such case it shal l and m a y be lawful t o and for a n y one or more of H i s Majes ty ' s Jus t i ces of t h e Peace for t h e dis t r ic t of Sydney in t h e Colony aforesaid and such one or more J u s t i c e or Jus t i ces is and are he reby au thor ized a n d requ i red upon appl ica t ion to h i m or t h e m for t h a t purpose by t h e p a r t y giving such not ice as aforesaid to name a n d appoin t one o ther able sur veyor or w o r k m a n to be added to t h e surveyors or w o r k m e n

appo in ted as aforesaid a n d all t h e said surveyors or w o r k m e n so
appointed or t h e major p a r t of t h e m shal l mee t for t h a t purpose (six days ' not ice h a v i n g been given to or left at t he dwell ing-house of each and every of t h e m of such in tended mee t ing) a n d shal l view t h e par ty -wal l pa r ty -a rch or par ty-fence Avail so proposed to be

repai red or pul led down a n d in case t h e major p a r t of such surveyors

or w o r k m e n appointed in m a n n e r aforesaid shal l certify in wr i t i ng
u n d e r the i r h a n d s t h a t t h e par ty -wal l pa r ty -a rch or par ty-fence wal l described in such notice or any p a r t thereof is decayed and ru inous or is no t sufficiently secured aga ins t fire if any should h a p p e n and t h a t t h e same ough t to be repai red or pu l led down t h e n w i t h i n th ree days n e x t after such certificate m a d e by such major p a r t of t h e said surveyors or w o r k m e n as aforesaid a copy thereof shal l be delivered to t he owner or occupier owners or occupiers of or left a t such adjoining house or bu i ld ing or fixed on the door thereof in case t h e same be unoccupied a n d such certificate shall be immedia te ly filed with the Clerk of the Peace for the distr ict of Sydney pay ing such Clerk one shilling for filing thereof and n o more and such las t men t ioned owner or occupier owners or occupiers shal l and m a y (if h e she or they think fit) appeal from or agains t such certificate to t h e nex t General or Q u a r t e r Sessions to be holden for t h e distr ict

of Sydney and the Jus t i ces a t the said Genera l or Qua r t e r Sessions
to w h i c h such appeals shall be m a d e shal l s u m m o n before t h e m one or more of such surveyors or w o r k m e n and such o ther per

son

son or persons as they t h i n k fit a n d shall examine t h e m a t t e r u p o n oa th wh ich oa th or oaths they are he reby empowered to admin i s t e r and upon such examina t ion or examina t ions t h e said J u s t i c e s are hereby author ized and requi red to m a k e such order or orders in t h e premises as t hey in the i r discret ion shal l t h i n k t o be j u s t a n d reasonable which order or orders shall be en te red a n d filed on record by t h e Clerk of t h e Peace for t h e said dis t r ic t of Sydney in l ike m a n n e r as t h e j u d g m e n t s of any Cour t of Q u a r t e r Sessions concern ing in t e rmixed p rope r ty a re hereinbefore directed to be entered and filed of record and t h e de te rmina t ion of t he said Jus t i ces shal l be final a n d conclusive to all par t ies w i thou t any appeal from the same and on default of appea l ing to such n e x t Genera l or Qua r t e r Sessions as aforesaid or if upon a n y appeal t he re

be n o order m a d e to t h e con t ra ry t h e n a n d in every such case and

no t

otherwise i t

shall be lawful for t h e p a r t y i n t end ing

to repai r

pu l l

down a n d rebui ld such par ty-wal l pa r ty -a rch or party-fence wal l as aforesaid after t h e expi ra t ion of fourteen days after del iver ing or leaving t h e copy of such certificate as aforesaid or after t he deter mina t ion of such appeal as aforesaid to cause such par ty-wal l pa r ty - a rch or party-fence wal l or any pa r t s thereof to be repa i red or pul led down and to have and exercise t h e l ike power of en t ry in to or upon t h e adjoining house or houses bu i ld ing or bui ld ings or of b r eak ing open t h e same in t he presence of a peace officer in case t h e same be unoccupied or be refused to be opened and of r emoving wainscot shelves fu rn i tu re and other th ings a n d of shor ing u p t h e said adjoining house or houses bu i ld ing or bu i ld ings as is given or allowed to t h e owners of in te rmixed houses or bui ld ings in and by th is Ac t and shall and may erect and bui ld a new par ty -wal l or par ty-wal ls par ty -a rch or pa r ty -a rches or any pa r t or pa r t s thereof of such mater ia ls and of such thicknesses and height and in such m a n n e r and subject to such restric t ions and directions as are in and by th is A c t prescribed.

35. A n d whereas several old houses and other bu i ld ings of t he

first

second and t h i r d r a t e or class of bu i ld ing within t he l imits

aforesaid

have ins tead of par ty-wal l s of t h e respect ive th icknesses hereinbefore directed for t h e same between such houses or o ther bui ld ings and the adjoining houses or bui ld ings par ty-wal l s not be ing of greater th ickness t h a n one b r ick and a-half in l eng th or th i r teen inches from the foun da t ion to t h e ground-floor thereof or t h a n one br ick in l eng th or e ight inches a n d a-half from thence to t h e coping thereof and whereas disputes m a y ar ise concerning t h e pu l l ing down such old par ty-wal l s and con

cern ing t h e bu i ld ing par ty-wal ls agreeably to t h e rules and directions

here in conta ined in t h e place 1 and stead of such old par ty-wal ls whenever t h e owner or owners of any or e i ther of t h e houses or bu i ld ings adjoining to any such par ty-wal l s may be desirous to rebui ld any such house or rebui ld any such house or bu i ld ing of t h e first second or th i rd r a t e

b e g u n to be bu i l t t h e mas te r w o r k m a n or o ther person causing such
bu i ld ing or wall to be bu i l t shall give twenty-four hours ' not ice thereof

t o t h e surveyor or supervisor appoin ted as aforesaid wi th in whose dis t r ic t t h e same shal l be a n d such surveyor or supervisor shall view
t h e said bu i ld ing or wal l and see t h a t all t h e ru les a n d regula t ions in th i s A c t conta ined arc well and t r u l y observed and such surveyor or supervisor for h is t roub le the re in shal l be paid by such mas te r work m a n or other person caus ing such bu i ld ing or wall to be bu i l t after t h e following ra tes t h a t is to say t h e s u m of three pounds a n d t e n shil l ings for every new bu i ld ing of t h e first-rate or class of bu i ld ing

or one p o u n d a n d fifteen shil l ings for every first-rate bu i ld ing to which
any a l te ra t ion or addi t ion shall be m a d e and th ree pounds a n d t h r ee shil l ings for every new bu i ld ing of t h e second-rate or class of bu i ld ing or one p o u n d and ten shi l l ings for every second-rate bu i ld ing to which any a l te ra t ion or addi t ion shall be made and two pounds t en shil l ings

for every new bu i ld ing of t h e th i rd - ra t e or class of bu i ld ing or one pound
a n d five shil l ings for every th i rd - ra te bu i ld ing to which any a l te ra t ion or addi t ion shall be made and two pounds and t w o shil l ings for every new bu i ld ing of t he four th- ra te or class of bu i ld ing or one p o u n d a n d one

shi l l ing for every four th r a t e bu i ld ing to which any a l te ra t ion or

addi t ion shal l be made and one pound and ten shil l ings for every new

bui ld ing

bui ld ing of t h e fifth-rate or class of bui ld ing or fifteen

shi l l ings for

every fifth-rate bu i ld ing to which any a l te ra t ion or addi t ion shall be m a d e and one pound a n d one shi l l ing for every new bu i ld ing of the s ixth- ra te or class of bu i ld ing or t en shil l ings and sixpence for every s ixth- r a t e bu i ld ing to which any a l te ra t ion or addi t ion shal l be m a d e and in default of p a y m e n t of any of t he said several sums of money t h e same shall by w a r r a n t of one or more of such J u s t i c e or Jus t ices for t h e distr ict of Sydney be levied by distress and sale of t h e goods and chat te ls of such mas te r w o r k m a n or o ther person as aforesaid toge ther wi th t he reasonable costs and charges of such distress and sale.

57. A n d be i t enacted T h a t if any person shall after t h e said first day of J a n u a r y begin any such bui lding or any such wall or if any person or persons shall thereaf ter cut in to any par ty-wal l wi thou t first g iv ing such not ice as aforesaid to t h e surveyor or supervisor wi th in whose dis t r ic t t h e same is s i tua ted or shall refuse such sur

veyor or supervisor admi t t ance from

t ime to t ime a t reasonable hour s

for t h e purpose of viewing t h e same t h e n every person so neglec t ing to give such notice or so refusing such admi t t ance shall for every default the re in forfeit and pay to t h e said surveyor or supervisor t reble t he satisfaction which such surveyor or supervisor would have been ent i t led to receive for his t roub le in viewing such bu i ld ing or wall a n d seeing t h e rules and regula t ions of t h i s A c t well and t ru ly observed the re in in case such not ice h a d been given and shall also for every such default forfeit t h e s u m of t w e n t y pounds to be recovered by any act ion in t he Supreme Cour t of t he said Colony by any person or persons who shal l sue for t h e same a n d also every such house bu i ld ing or wall so b e g u n to be bu i l t w i thou t g iv ing such notice or wi thou t giving such admi t t ance to such surveyor or supervisor in case t h e same be no t bui l t in every respect agreeably to t h e regula t ions of th is A c t shal l be demolished or amended by order of t he said Cour t of Q u a r t e r Sessions or of any two Jus t i ces of t h e Peace for t he said

distr ict of Sydney in t he m a n n e r hereinbefore

directed.

58. A n d be i t enacted Tha t in case t h e workmen employed in

bu i ld ing any such bu i ld ing or wall

or in t he cu t t i ng in to

any

such

par ty-wal l shal l no t well and t r u l y observe t h e several ru les and

regu

lat ions in t h i s A c t conta ined and from t ime to t ime conform them selves t he re to t he surveyor or supervisor wi thin whose district t he same is s i tua ted shall from t ime to t ime give informat ion thereof as soon as convenient ly m a y be to any two or more Jus t i ces of t he Peace for t he said distr ict of Sydney and the said Jus t i ces shal l proceed

the reupon to hear t he m a t t e r and if any breach of t he ru les and regu
la t ions in th i s Ac t contained is found to have been commit ted the said
Jus t i ces shal l proceed to cause such i r regu la r bu i ld ing or wall to be

demolished or amended in m a n n e r hereinbefore

directed.

59. A n d be it enacted Tha t if any workmen or servants to any

mas te r w o r k m a n or o ther person or persons caus ing any such

bu i ld ing

or wall to be erected wi th in t h e l imi ts of

th i s

A c t

shal l wi thou t

t h e

direct ion pr iv i ty or consent of such mas te r w o r k m a n or

person

caus

ing such bu i ld ing or wal l to be erected do any t h i n g in or about such bu i ld ing or wall con t ra ry to t h e direct ions of th is Ac t every such w o r k m a n or servant so offending upon conviction thereof before one or more J u s t i c e or Jus t i ces of t he Peace for t h e said distr ict upon the oath of one or more credible witness or witnesses (which oa th any Jus t i ce of t h e Peace for said distr ict is hereby empowered a n d requi red to adminis ter ) or upon his own confession shall for every such offence forfeit t h e s u m of fifty shil l ings one moie ty thereof to be pa id to t h e Colonial Treasurer of said Colony for t he publ ic uses thereof t h e o ther moie ty thereof to t h e informer and if any such forfeiture of fifty shil l ings be not paid u p o n and immedia te ly

after

after such conviction t h e n t h e offender shal l b y w a r r a n t unde r t h e

hand and seal of any of t h e said Jus t i ces of t h e Peace he commit ted

to t h e house of correct ion t he r e to r ema in wi thou t hai l or mainpr ize

for any t i m e not exceeding th ree m o n t h s n o r less t h a n one m o n t h
unless t h e said pena l ty be sooner paid.
60. Prov ided also and be i t enacted T h a t every master work

m a n or o ther person w h o shal l after t h e said first day of J a n u a r y bui ld or cause to be bu i l t any house or o ther bu i ld ing or any addi t ion to any house or o ther bu i ld ing or any par ty-wal l or o ther wall or who shal l be employed to cu t in to any par ty-wal l w i th in t h e l imits of th i s A c t shall wi th in fourteen days after such house or other bu i ld ing is covered in or such par ty -wal l or o ther wal l is finished or t h e cu t t i ng

in to any par ty -wal l is m a d e good cause t h e same to be surveyed by
t h e surveyor or supervisor w i th in whose dis t r ic t t h e same is s i tua ted a n d in case t h e said surveyor shall refuse neglect or shall by i l lness or o therwise be prevented surveying such bu i ld ing wal l or other work t h e n t h e same shal l be surveyed by any o the r surveyor or supervisor appoin ted and sworn w i th in t h e said t o w n of Sydney and if such surveyor or supervisor shal l u p o n such survey find t h a t t h e same is to t he best of h is j u d g m e n t and belief bu i l t

or m a d e good agreeably to t h e several direct ions in th i s A c t
conta ined t h e n such surveyor or supervisor shal l w i th in fourteen days after surveying t h e same m a k e oath thereof b y affidavit in writing before some J u s t i c e of t h e Peace for t he said distr ict of Sydney which oa th such J u s t i c e is hereby empowered and requ i red to

admin i s te r a n d the said affidavit shall be filed w i t h t h e Clerk of t he
Peace* for t h e district of Sydney aforesaid wi th in t e n days after t h e m a k i n g thereof and the said Clerk of t he Peace shal l for his trouble the re in be ent i t led to and receive t h e s u m of one shi l l ing and no more and if any mas t e r w o r k m a n or o the r person caus ing such bu i ld ing or wal l to be erected or such pa r ty-wal l t o be cu t in to as aforesaid m a k e defaul t i n t h e premises by neg lec t ing to cause such survey to be m a d e or such affidavit t o be made and filed he shall for every such neglect forfeit t h e s u m of ten pounds and if such affidavit be not m a d e and

filed wi th in t h e space of one m o n t h n e x t after t he recovery of such

pena l ty such mas te r w o r k m a n or other person as aforesaid shal l forfeit

t h e fur ther s u m of t en pounds and so toties quoties for every m o n t h

u n t i l such affidavit shal l be m a d e a n d filed and each of t he said

penal t ies shal l be recovered and applied in m a n n e r hereinafter
men t ioned .

6 1 . Provided also a n d be it enacted Tha t n o t h i n g in th i s A c t

conta ined shal l ex tend to any house or bu i ld ing being in t h e possession of H i s Majesty H i s He i r s and Successors or employed for H i s Majes ty ' s use or service.
62. Prov ided also and be it enacted T h a t if any surveyor or supervisor appointed and sworn in m a n n e r hereinbefore d irected shal l a t a n y t ime wilfully neglect his du ty or behave himself negl igent ly or unfai thful ly in t h e discharge thereof and t h e same be ing upon com pla in t thereof made to appear to the Governor of t h e said Colony for t h e t ime-be ing such surveyor or supervisor shall by t h e said Governor be for thwi th discharged from his said office.

63 . A n d whereas houses and bu i ld ings within t he l imi ts afore

said are often either from l i t igated t i t les there to or t he obst inacy
neglect or pover ty of the owners thereof or of t h e par t ies in teres ted
the re in in so ruinous or dangerous a condition t h a t passengers

the reby are in danger of their lives or l imbs from t h e fal l ing thereof
or of t he br icks or t imber therefrom Be it therefore enac ted T h a t if any presen tment shall hereafter be made by an inquest or j u r y in Sydney t h a t any house or bu i ld ing wi th in t h e l imits thereof is in a

ruinous

r u i n o u s or dangerous condit ion i t shall he lawful for t h e Pol ice Mag i s t r a t e s of Sydney or any of t h e m in respect of any such house or bu i ld ing wi th in t h e said t o w n a n d they a n d h e a re a n d is hereby r equ i r ed on not ice of any such p re sen tmen t be ing m a d e a n d a copy thereof be ing laid before t h e m or h i m respectively to cause w i t h all convenient speed a p roper and sufficient hoard to be p u t u p for t h e safety of all passengers pass ing the reby and to cause not ice in wr i t i ng to be given to t he owner or owners or such o ther person or persons in teres ted t h e r e i n if h e she or t h e y can be found and if no t to cause such not ice in wr i t ing to be affixed to or upon t h e door or o ther conspicuous p a r t of such house or bu i ld ing so presented to be in such ru inous or dangerous condi t ion to repai r t he same or to pu l l down such bu i ld ing as t h e case m a y requi re w i th in four teen days t h e n n e x t ensu ing and if such owner or owners or other person or persons interested in any such house or bu i ld ing do not begin to repa i r or t ake down the same wi th in t h e said fourteen days after such not ice so given or affixed as aforesaid and complete such repa i rs or t ake down the same as soon as t h e n a t u r e of t h e ease will admi t t h e n oa th be ing

m a d e before any such Mag i s t r a t e as aforesaid (which oa th every

such

Mag i s t r a t e is he reby empowered and requi red to adminis ter ) of such not ice hav ing been so given or affixed as aforesaid t h e said Mag i s t r a t e or Mag i s t r a t e s is and are hereby au thor ized a n d requ i red w i t h all convenient speed to order a n d cause such house or bu i ld ing so presented to be in a ru inous or dangerous condi t ion or so m u c h thereof as t h e said Magis t ra tes or Magi s t r a t e shal l find necessary for t h e safety of passengers to be t a k e n down a n d secured in such m a n n e r as shall from t i m e to t ime be requis i te and to sell and dispose of such of t h e mater ia ls as t h e said Magis t ra tes or Magi s t r a t e shal l j u d g e necessary and expedient a n d out of t h e monies ar is ing by t h e sale thereof to r e imburse repay and satisfy to themselves a n d every person by t h e m respect ively employed for t h e purposes aforesaid all t h e charges of pu t t i ng u p every such hoa rd and of t a k i n g down and secur ing all or a n y p a r t of every such house or bu i ld ing so t a k e n down or secured as aforesaid a n d of sell ing t h e said mate r i a l s as aforesaid or so m u c h thereof as t h e monies ar i s ing by such sale will ex tend to pay and shal l account for and pay t h e su rp lus of t h e monies ar is ing by such sale (if any be) to t h e owner of every such house or bu i ld ing u p o n personal demand thereof m a d e by such owner and if no such demand bo m a d e of any such Magis t ra tes or Mag i s t r a t e aforesaid t h e n

such overplus shal l be wi th in two m o n t h s pa id

over to

t h e

Colonial

Treasure r of t h e said Colony for t h e publ ic uses thereof.

64. Prov ided never theless and be i t enacted T h a t any such owner

his or he r executors or adminis t ra tors shall and m a y a t any t i m e or t imes wi th in t he t e r m of six years t h e n afterwards be ent i t led to have and receive such surp lus from t h e said Colonial Treasurer after such p a y m e n t to h i m w i t h i n t en days after demand thereof personal ly m a d e by such owner his or her executors or admin i s t r a to r s and t h e said Colonial Treasurer is hereby requ i red to pay the same accordingly ou t of t h e publ ic funds of t he said Colony u p o n receiving a w a r r a n t for t h e a m o u n t thereof unde r t h e h a n d of t h e Governor of t h e said Colony for t h e t ime-be ing and such Treasurer shal l be allowed t h e p a y m e n t thereof in any account to be by h i m m a d e wi th t h e Government of said Colony and if i t happens t h a t t h e monies ar is ing by such sale shal l fall shor t a n d are deficient to repay and satisfy all such charges t h e n such defi ciency shal l from t ime to t ime be paid by t h e owner or owners of every such house or bui ld ing if k n o w n and to be met wi th and if such owner or owners on demand thereof neglect or refuse to pay the same then such deficiency m a y be levied by w a r r a n t u n d e r t h e h a n d

and seal of any Police Mag i s t r a t e

for t h e

distr ict

of Sydney for

t h e

t ime-
t ime-be ing by distress and sale of t h e goods and chat te ls of such owner or owners if any such can be found and if no such owner or owners can be m e t w i th or be ing m e t w i th shall no t on demand pay the said deficiency and n o sufficient distress of h is he r or or the i r goods and chat te ls can be me t w i t h wherefrom such deliciency of such costs and charges m a y be levied a n d recovered t h e n the person or persons who shal l a t any t ime thereaf ter occupy any such house or bu i ld ing or the g r o u n d where t h e same stood is and are he reby requi red and autho rized to pay a n d deduct t h e same ou t of t h e r e n t thereof and if he she or they neglect or refuse to pay such deficiency of charges t h e n the same shall by w a r r a n t u n d e r t h e h a n d and seal of any Pol ice Magis t r a t e for t h e distr ict of Sydney be levied by distress a n d sale of the goods a n d chat te l s of a n y occupier or occupiers of t he premises, toge ther w i th t h e costs of every such distress a n d sale a n d t h e owner or owners of t he premises is a n d are hereby requ i red to allow to every such occupier or occupiers al l such deficiencies a n d charges which h e she or they shall so pay or which shall be recovered or levied by distress and sale from h im her or t h e m as aforesaid o u t of any r en t which shal l become due for t h e said premises or any p a r t thereof a n d every occupier pay ing any such deficiency and charges shal l be acqui t t ed and discharged for so m u c h money as he she or t h e y so pay in t h e same m a n n e r as if t h e same h a d been ac tua l ly paid to such person or persons to w h o m his he r or the i r r en t s were due and should have been pa id a n d al l money received or recovered on the account aforesaid for or in respect of any such house or bui ld ing w i th in t he said town of Sydney shal l be paid to t h e said Colonial

Treasure r for t h e publ ic uses of t h e said Colony.
65. A n d be i t enacted T h a t from and after t h e said first day of
J a n u a r y i t shall no t be lawful for any person or persons to distil or
boil any t u r p e n t i n e or to d raw any oil of t u rpen t i ne a n d rosin by

dis t i l l ing t u r p e n t i n e or to boil any oil and t u r p e n t i n e toge the r above

t h e quan t i t y of t en gal lons a t one t ime of all or any of t h e said com
modi t ies w i th in t h e l imi t s aforesaid in any workhouse or place cont iguous to any o ther bu i ld ing or in any place nearer to any other bu i ld ing t h a n t h e dis tance of fifty feet a t t h e least u p o n pa in t h a t every person offending the re in shal l for every such offence forfeit and pay t h e s u m of one h u n d r e d pounds every of which forfeitures shall

a n d m a y be recovered w i t h t reb le costs of su i t by any act ion in the
said S u p r e m e Cour t one moie ty whereof shall be paid to t h e Colonial Treasure r of t h e said Colony for t h e publ ic uses thereof and t h e o ther moie ty thereof to such person or persons as shall inform or sue for

t he same.

66. Provided always and be i t enac ted Tha t n o t h i n g in th is A c t

conta ined shall ex tend to p reven t sh ipwr igh ts barge-bui lders boat- bui lders or mas t -make r s or o ther persons employed in bu i ld ing or r epa i r ing ships barges boats or o ther vessels near to t he waters of P o r t J a c k s o n H a r b o u r from boi l ing or m i x i n g oil a n d other mater ia l s for t h e purpose of pay ing ships barges boats or mas t s .
67. A n d be it enac ted That from and after the said first day of J a n u a r y i t shall a n d m a y be lawful for any Police Mag i s t r a t e of t h e town of Sydney and h e is he reby requ i red from t ime to t i m e for ever to m a k e place and fix or cause to be m a d e placed a n d fixed a t t he publ ic charge upon t h e mains and pipes be longing to any water -works wha tever w i th in t h e l imits aforesaid such and so m a n y stopblocks and firecocks to be placed a t such distances in each and every street or place as t h e said Pol ice Mag i s t r a t e shall deem expedient and tha t t he top of every such s topblock or firecock shal l be even wi th t h e pave m e n t of each s treet or place to t he in t en t such stopblocks or firecocks m a y upon occasion of any fire be opened to let ou t t he wa te r wi thou t

loss

loss of t ime in d igging down to t he pipes and tha t such Police Magis t r a t e shal l have power and he is hereby requi red from t ime to t ime to fix any m a r k or wr i t i ng on t h e front of any house or houses over against or neares t t o t h e place where such stopblocks or firecocks respectively lie or a re placed for t h e be t te r m a k i n g k n o w n where all and every such stopblocks or firecocks lie and shall also keep an i n s t r u m e n t or key in every such house where such m a r k shall be to open t h e stop- block or firecock and shall keep in such house a pipe for t h e water t o come the reou t t o be m a d e use of as occasion m a y requ i re and all such stopblocks and firecocks shall be kep t in repai r a t t h e publ ic charge .

68. A n d be i t enacted Tha t t h e t u r n c o c k be longing to t h e

wa te rwork whose water shall be found on and shal l first come into t h e m a i n or p ipe where any p l u g shall be opened a t any fire wi th in t he l imits aforesaid shal l be paid any sum n o t exceeding ten shillings and t h a t t h e engine-keeper who first b r ings a par i sh engine or other large engine to help to ex t inguish any fire happen ing wi th in t he l imits aforesaid if in good order and complete w i th a socket hose leather p ipe stand-cock, a n d suct ion-pipe shall be paid any s u m not exceed ing t h i r t y shil l ings t h e keeper of t h e second engine which shall be n e x t b rough t in such order and so complete to help to ext inguish any such fire shal l be paid any s u m no t exceeding twen ty shil l ings and t h e keeper of any o ther engine which shall be t h e third of such engines b r o u g h t in such order and so complete to any such fire shall be pa id any s u m no t exceeding t en shil l ings and such several pay m e n t s shal l be m a d e by and at t he discret ion of t he Police Magis t ra tes of t he t o w n of Sydney or any one of them.

69. A n d be i t enacted Tha t in every case in which it shall be made to appear to t he

satisfaction of any Police Mag i s t r a t e for

t h e

town of Sydney t h a t t h e ch imney of any house or bu i ld ing wi th in t h e l imi ts thereof has t aken fire from the occupier of any such house or bu i ld ing hav ing omi t ted to cause such ch imney to be regu la r ly and sufficiently swept and cleaned or from any o ther neglect of such occupier or of his or her servant or servants such occupier shall on convict ion before any such Police Magis t r a t e forfeit and pay for every such offence any sum not exceeding forty shill ings to be recovered by distress and sale of t h e offender's goods and chat te ls one moiety whereof to be paid to t h e person informing and the remainder to t he Colonial Treasurer for the publ ic uses of t h e said Colony and in every such case t he proof t h a t any such ch imney did no t t ake fire t h r o u g h

the neglect of such occupier in no t h a v i n g t h e same regula r ly and

sufficiently swept or cleaned shall lie u p o n such occupier.

70. A n d whereas offices for i n su r ing houses agains t loss by fire

r e t a in in the i r service a n d give coats

a n d badges

a n d

other

rewards

u n t o w a t e r m e n for the i r service and assistance in and toward ext in guish ing of fire and who are to be always ready w h e n wanted and are provided wi th var ious sorts of poles hooks ha tchets and several o ther i n s t rumen t s a n d t h i n g s a t t he charge of t he said respective insurance offices for t h e ex t ingu ish ing of fire which w a t e r m e n so re ta ined are by experience found to ven tu re m u c h far ther and to have skill to give and do give a t fires happen ing wi th in t h e l imits aforesaid greater he lp t h a n other persons no t used to come in to danger Be it enacted T h a t t h e wa te rmen for t h e t ime-be ing so re ta ined by and be longing to every such insurance office wi th in t h e l imi ts of t h e said town of Sydney no t exceeding th i r ty for each office shal l be free from being impressed or l iable to be compelled t o go to sea to serve as mar ine r s or as soldiers on land the i r names and places of abode; being registered wi th t he Bench of Magi s t r a t e s or Police Office for said distr ict .

5 B 7 1 .

71. A n d in order to deter and h inder i l l -minded persons from

wilfully se t t ing the i r house or houses or o ther bui ld ings on fire wi th a view of ga in ing to themselves t h e insurance money whe reby t h e lives and for tunes of m a n y families m a y be lost or endangered Be i t enacted T h a t i t shal l a n d m a y be lawful t o a n d for t h e respect ive Governors or Direc tors of t h e several insurance houses or o ther bu i ld ings against loss by fire a n d t hey are hereby author ized a n d required upon t h e reques t of any person or persons in teres ted in or ent i t led u n t o any house or houses or other bu i ld ings which m a y hereafter be b u r n t down demolished or damaged b y fire or upon any grounds of suspicion t h a t t h e owner or owners occupier or occupiers or o ther person or persons who shall have insured such house or houses or o ther bu i ld ings have been gui l ty of fraud or of wilfully se t t ing the i r house or houses or o ther bui ld ings on fire to cause t he insu rance money to be laid out a n d expended as far as t h e same wil l go towards rebu i ld ing re - ins ta t ing or repa i r ing such house or houses or o ther bu i ld ings so b u r n t down demolished or damaged by fire un less t h e p a r t y or par t ies c la iming such insu rance money shal l wi th in s ixty days n e x t after h is he r or the i r c la im is adjusted give a sufficient secur i ty to t h e Governors or Directors of t he insurance office where such house or houses or o ther bu i ld ings are insured t h a t t h e same insu rance money shall be laid out and expended as aforesaid or unless t h e said insurance money shal l be in t h a t t ime set t led and disposed of to and amongs t all t h e contending par t ies to t he satisfaction and approba t ion of such Governors or Direc tors of such i n su rance office respectively.

72. A n d whereas fires often h a p p e n by t h e negl igence and carelessness of servants Be i t therefore enacted Tha t if any menia l or o ther servant or servants t h r o u g h negl igence or carelessness shal l fire or cause to be fired any dwell ing-house or out-house or houses or o ther bui ld ings s i tua te w i t h i n t h e t o w n of Sydney aforesaid such servant or servants he she or they be ing free persons and be ing thereof lawfully convicted by t h e oa th of one or more credible wi tness or wit nesses m a d e before two or more of H i s Majes ty ' s Jus t i ces of t he Peace for t h e said distr ict i n P e t t y Sessions assembled shal l forfeit a n d pay a s u m n o t exceeding one h u n d r e d pounds to be pa id u n t o t h e said Bench of Magis t ra tes to be d is t r ibuted amongs t t h e sufferers by such fire in such propor t ions as to t h e said Bench of Magis t ra tes shall seem j u s t a n d in case of default or refusal to pay t h e same immedia te ly after such conviction t h a t t h e n a n d in such case such

se rvant or servants shal l by w a r r a n t u n d e r t h e h a n d s and seals of

two

or more of H i s Majes ty ' s Jus t i ces of t h e Peace be commi t t ed to t h e

common gaol or house of correct ion as t h e said Jus t i ces t h i n k fit for
a space no t exceeding e ighteen m o n t h s the re to be k e p t at h a r d labor a n d such servants be ing convicts a n d being convicted as aforesaid if a ma le shal l be l iable to be worked in i rons on the roads or any o ther publ ic works for any per iod no t exceeding e ighteen m o n t h s and if a female to be confined in t h e t h i r d class in t h e female factory or house of correct ion for a n y per iod no t exceeding e ighteen calendar m o n t h s .

73. A n d be i t enacted T h a t upon t h e b reak ing out of any fire

wi th in t h e l imi ts aforesaid all constables no t u p o n pa t ro l escort or

o ther express d u t y a n d beadles upon not ice thereof shal l immedia te ly
repair to t h e place where t h e said fire shall h a p p e n wi th

the i r staves

and other badges of the i r au tho r i t y and shall be a iding and assist ing
as well in ex t ingu i sh ing t h e said fires and causing people to work at t h e engines as also in p reven t ing goods be ing stolen and shall seize and apprehend all ill-disposed persons t h a t t hey shall find steal ing or

pilfering

pilfer ing from t h e	inhab i t an t s as also t h a t	t h e	said	constables	and
beadles shal l give the i r u t m o s t assistance	to	help	t h e	inhab i t an t s	to
remove the i r goods.

74. A n d be i t enacted Tha t no action sui t or process wha tever

shal l be h a d main ta ined or prosecuted agains t any person in whose house chamber stable b a r n or o ther bu i ld ing or on whose es ta te any fire shal l after t h e said first day of J a n u a r y accidental ly beg in no r shal l any recompense be made by such person for any damage suffered the reby any law usage or cus tom to t h e con t ra ry no twi th s t and ing and

in such case if any act ion be b r o u g h t

t h e

defendant

may plead

t h e

genera l issue and give th is Act and

t h e

special m a t t e r in evidence a t

any t r ia l t he r eupon to be had and in case t h e plaintiff become non sui ted or d iscont inue his act ion or sui t or if a verdict pass against h i m t h e defendant shall recover t reb le costs provided t h a t no contract or agreement made be tween landlord and t e n a n t shal l be hereby defeated or m a d e void.

75. A n d be it enacted Tha t where any distress shall be made for

any s u m or sums of money to be recovered	by v i r tue of th i s A c t t h e
distress itself shal l no t be deemed unlawful	nor t h e p a r t y or par t ies

m a k i n g t h e same be deemed a t respasser or t respassers on account of any delect of form in any proceedings re la t ing the re to no r shal l the p a r t y or par t ies be deemed a t respasser or t repassers ab initio on

account of any i r regula r i ty

af terwards

done by t h e

p a r t y

par t ies

m a k i n g such distress b u t t he person or persons aggrieved by

such

i r regu la r i ty m a y recover full

satisfaction

for

t h e special damage only

by act ion on t h e case and not by any o ther act ion

whatever .

76. Provided always and be i t enacted Tha t no plaintiff or plaintiffs shall recover in any action for any such i r regu la r i ty or other proceedings if t ender of sufficient amends be made by or on t h e behalf of t he pa r ty or par t ies who commit ted or caused to be commit ted any such i r regular i ty or wrongful proceeding before such action be b r o u g h t and in case no such tender shall have been made it shall and m a y be lawful for the defendant or defendants in any such act ion by t h e leave of t he Cour t where such act ion shall depend a t any t ime before issue jo ined to pay into t h e Cour t such sum of money as he or t h e y shall see fit whereupon such proceedings or order and j u d g m e n t shall be had made or given in and by such Cour t as in other actions where t h e defendant is allowed to pay money in to Court .

77. A n d be i t enacted Tha t no order which shall be made by t h e Cour t of Qua r t e r Sessions aforesaid or by any J u s t i c e or Jus t i ces of t he Peace by v i r tue of or unde r th i s Ac t or any o the r proceeding to be had t ouch ing t h e convict ion of any offender or offenders agains t th i s A c t shal l be removed or removable by certiorari or any other wr i t or process whatsoever in to any of H i s Majes ty ' s Cour ts of Record for t h e said Colony.

78. A n d be i t enacted Tha t if any person or persons t h i n k h im he r or themselves aggrieved by any conviction commi tmen t distress order or j u d g m e n t of any Jus t i ce or Jus t i ces of t he Peace m a d e out of Sessions by v i r tue of th i s Ac t such person or persons m a y appeal to t h e Jus t i ces of t h e Peace a t the i r General Quar t e r Sessions of t h e Peace to be holden in and for t he said distr ict of Sydney which shall be holden n e x t after such conviction commi tmen t distress order or j u d g m e n t who shal l proceed to hear and examine on oa th in to t h e causes a n d m a t t e r s of such appeal (which oa th or oa ths they are hereby empowered to adminis ter) and shall de te rmine t h e same a n d award such costs t o t he par t ies appeal ing or appealed against as t hey

shal l
shall t h i n k proper and t h e order j u d g m e n t and de te rmina t ion of t he said Jus t i ces in Sessions shal l be b ind ing and conclusive upon al l par t ies .
79. Provided a lways and be it enacted T h a t t h e person or
persons so in tend ing to appeal shall immedia te ly after such convict ion
commi tmen t distress order or j u d g m e n t or wi th in two days af terwards

en te r in to a recognizance to t h e p a r t y or par t ies appealed aga ins t
before such Jus t i ce or Jus t i ces of t h e Peace wi th two sufficient securit ies condit ioned to t r y such appeal and to abide t h e order of and pay to t h e p a r t y or par t ies appealed against such costs (if any) as shall be awarded agains t h i m her or t h e m by t h e said Cour t of Genera l

Q u a r t e r Sessions.

80. A n d be i t enac ted T h a t no act ion or prosecut ion shall be

b r o u g h t or commenced agains t any person or persons for any pena l ty or forfeiture inflicted or i ncu r red by th i s A c t un less t h e same shall be commenced wi th in six calendar m o n t h s n e x t after such forfeiture shall have been incurred .
8 1 . A n d be i t enac ted Tha t no act ion or suit shal l be

commenced aga ins t any person or persons for any t h i n g done in p u r s u a n c e of th i s Ac t un t i l twenty-one days after not ice in wr i t ing of an in ten t ion to b r i n g such act ion or suit has been given to t h e person or persons agains t w h o m such act ion or suit shall be b r o u g h t nor after t h e expi ra t ion of t h r ee calendar m o n t h s n e x t after t h e fact commi t t ed and the defendant or defendants in every such act ion or sui t may plead t h e general issue and give th is A c t and t h e special m a t t e r in evidence at any t r ia l or t r ia ls to be had the reupon a n d t h a t

t h e m a t t e r or t h i n g for which such act ion or suit is b r o u g h t was done;

in pu r suance a n d by t h e au tho r i t y of th i s Ac t and if t he said m a t t e r

or t h i n g appear to have been so done or if it appear t h a t such act ion or sui t was b rough t before the expira t ion of twenty-one days after such notice given as aforesaid or t h a t sufficient satisfaction was m a d e or tendered before such act ion was b rough t or if any such act ion or sui t be no t commenced wi th in t h e t ime here in for t h a t purpose l imi ted or be laid in any other coun t ry or place t h a n as aforesaid t h e n t h e j u r y in every such act ion or suit shall find for t he defendant or defendants the re in and if a verdict be found for t h e defendant or defendants or if t h e plaintiff or plaintiffs in any such act ion or su i t become nonsu i ted or discont inue or suffer a d iscont inuance of a n y such act ion or sui t or if in any such act ion or su i t j u d g m e n t be given

for t he defendant or defendants the re in on demur re r or by default or

otherwise t h e n and in any of t he cases aforesaid t he defendant or

defendants shall have j u d g m e n t to recover t reble costs of suit a n d shall have such remedy for recover ing the same as any defendant or defendants m a y have for costs in o ther cases by law.

No . V I I .

bui ld ing shal l	be u n d e r t h e ru les and	direct ions hereinaf ter	conta ined
concern ing t h e	same.

of t h e	first	second t h i r d or four th	r a t e or class of bu i ld ing	herein
before directed	and	not	h a v i n g each of t h e m a separate	a n d dis t inct

as shal l or m a y be laid the re in according to t h e direct ions	hereinafter
conta ined	and also except such p i l ing b r idg ing or p l ank ing as may be

a n d in such case i t m a y h a p p e n	t h a t one of	t h e adjoining houses	m a y
have been or m a y hereafter	be rebui l t	w i thou t m a k i n g	use of such

m a y	r ema in as a pa r ty -wa l l	u n t i l	bo th t h e houses or bu i ld ings to which
t h e same belongs or t he r ema in ing	house or bu i ld ing	where one	has

u p w a r d s to t h e top thereof of t h e th ickness of one br ick and a-half	in
l eng th or th i r t een inches a t t h e least t h e n such old par ty-wal l shall	w h e n

to t he direct ions hereinbefore conta ined for t he h ighes t r a t e	or	class
of bu i ld ing adjoining the re to wi th a pa r ty -a rch or par ty-arches	of	t h e

aforesaid bu i l t over any publ ic way or in te rmixed as aforesaid	shal l
be

necessary or proper to a t t end u n t i l all such affairs for which they	are
summoned shal l be concluded and t h e said j u r y u p o n the i r	oaths

a n d every of t h e m are hereby empowered and requi red to m a k e	and
hold from t i m e to t i m e as the re shall be occasion.

pena l ty such mas te r w o r k m a n or other person as aforesaid shal l	forfeit
t h e fur ther	s u m of t en pounds and so toties quoties for every m o n t h

penal t ies shal l be recovered and applied	in	m a n n e r	hereinafter
men t ioned .

said are often either from l i t igated t i t les there to or t he	obst inacy
neglect or pover ty of the owners thereof or of t h e par t ies	in teres ted
the re in in so ruinous or dangerous a condition t h a t	passengers
the reby are in danger of their lives or l imbs from t h e fal l ing	thereof

or t h i n g appear to have been so done or if it appear t h a t such act ion or sui t was b rough t before the expira t ion of twenty-one days after such notice given as aforesaid or t h a t sufficient satisfaction was m a d e or tendered before such act ion was b rough t or if any such act ion or sui t be no t commenced wi th in t h e t ime here in for t h a t purpose l imi ted or be laid in any other coun t ry or place t h a n as aforesaid t h e n t h e j u r y in every such act ion or suit shall find for t he defendant or defendants the re in and if a verdict be found for t h e defendant or defendants or if t h e plaintiff or plaintiffs in any such act ion or su i t become nonsu i ted or discont inue or suffer a d iscont inuance of a n y such act ion or sui t or if in any such act ion or su i t j u d g m e n t be given	for t he defendant or defendants the re in on demur re r or by default or	otherwise t h e n and in any of t he cases aforesaid t he defendant or
defendants shall have j u d g m e n t to recover t reble costs of suit a n d shall have such remedy for recover ing the same as any defendant or defendants m a y have for costs in o ther cases by law.