[10 a. m. till 4 p.m. SunSect. 72. Surveyor to attend at his office days, Christmas Day, and from Surveyor may deliver his account of fees at the expiration of Id. So after the completion of any addition, alteration, or repair the like, at the expiration of Id. So after each special service performed, the like, at the expiration of Sect. 78. Surveyor to make a return of works Good Friday excepted.] Months. Weeks. Days. Hours. 1 1 14 14 &c. to the registrar of Metropolitan buildings, [7 days after the first of any within Sect. 79. Notice of complaints against surveyor to be served upon him by complainant before the hearing, at the least Sect. 85. No person need attend official referees as a witness under a summons for more days consecutively than Sect. 96. Official referees to be paid their salaries each year in Sect. 103. [Proceedings for penalties,] Offenders may be committed upon failure of payment, for any period not exceeding Sect. 105. Party convicted may appeal to the General Quarter Sessions, within month.] : 10 10 2 [June and December.] 3 Such Quarter Sessions to be holden within Sect. 106. Prosecutions for penalties must be instituted within Sect. 108. No action to be brought against any person for any thing done in pursuance of the act, after Id. And notice in writing of the intention to bring such action must be given before the commencement thereof, at the least Id. There must be a verdict for the defendant, if such notice be not given of Sect. 110. Penalty for default in complying with the provisions of the act, to be sued for within Id. However, if any other than the surveyor or official referees take such proceedings, there must be left previously at the office of the surveyor and of the registrar, a notice of : : 7 ADDENDA. Page 112, note (z), and see likewise, Peake, Add. Ca. 15, Lukin and another v. Godsall. Page 303.-Under 5 & 6 Wm. 4, c. 50, s. 53, a certain notice is to be given before the surveyor can take materials from any "inclosed land or ground." A similar provision appears in the Turnpike Act, 3 Geo. 4, c. 126, ss. 97 and 98. These words "inclosed land or ground," gave rise to a decision of the Court of Exchequer, by which a plaintiff, whose sheep down, although it was private property, was not fenced off on all sides, was deemed not to have an inclosure within the Act, 3 Geo. 4, c. 126. The surveyor, therefore, who was the defendant in an action for taking materials from inclosed lands, succeeded in obtaining a rule to enter a nonsuit. (a) But now, by 4 & 5 Vict. c. 51, all lands and grounds which shall be in the exclusive occupation of one or more persons for agricultural purposes, shall be deemed and taken to be inclosed lands or grounds within the meaning of the recited Acts (3 Geo. 4, c. 126, and 5 & 6 Wm. 4, c. 50), although the same may not be separated from any adjoining lands or grounds of other persons, or from the highway, by any fence or inclosure. And note, that where the surveyor makes any pits or holes in getting materials, he must cause such pits or holes to be fenced off, and must support and repair such fence whilst the pit or hole continues open. If no materials are found, he must cause such pits or holes to be filled up within three days after the opening thereof. If found then, within fourteen days after having dug up sufficient materials, he must cause such pits or holes to be filled up, or sloped down, and fenced off, if required by the owner of the land, and so continued. Every surveyor, likewise, upon coming into office, shall cause all unnecessary pits and holes to be filled up, and sloped down, and, if further useful, to be secured by posts and rails or other fences to prevent accidents to persons or cattle. For every default he may be fined 10s. And if he neglects to do these acts after notice from a justice, or from the owner or occupier of any ground, &c., or from any person having a right (a) 7 Mees. & Wels. 441, Tapsell v. Crosskey. of common, he may be fined 107. at a special sessions, to be laid out in fencing, sloping down, &c. and towards the repair of the road. 5 & 6 Wm. 4, c. 50, s. 55. And see sects. 101, 102, 103. Similar provisions will be found in the Turnpike Act, 3 Geo. 4, c. 126, s. 99, the forfeiture being not less than 40s. and not exceeding 101. Page 304, note.-As to making new ditches and fences where narrow ways are widened, see 5 & 6 Wm. 4, c. 50, s. 82. Page 313, [Return to Mandamus.]-Turnpike trustees had carried a road over certain private grounds, but had not fenced them according to the statute. Upon a writ of mandamus being issued, a return was made, 1. Denying the ownership of the land; upon which issue was joined, and a verdict found for the crown; 2. Alleging that satisfaction had been made by the trustees to the owner of the land under 3 Geo. 4, c. 126, s. 83, which satisfaction had been accepted; and further, that the owner had taken security for the amount, and had proceeded to enforce the security. 3. Alleging want of funds on the part of the trustees. These latter allegations were not answered, but, notwithstanding, a peremptory mandamus was ordered to issue. The trustees, having made the road, could not excuse themselves from the duty; if they had not adequate funds, they ought not to have made the road, and the acquiescence of the prosecutor for a long time was held to make no difference (a). (a) 1 Q. B. Rep. 860, R. v. Luton Road Trustees. THE LAW OF PARTY WALLS, &c. CHAPTER I.. Of the Ownership of Party Walls, and other Incidents. WE must consider the question of the Ownership of Party Walls with the aid of the Building Act (a). This act is limited within certain boundaries (b), so that buildings and walls situate without those boundaries, must be referred to the common law. Now it is a good doctrine that the building ensues the nature of the tenure of the land on which walls are built (c). So that a joint tenancy, for instance, or a tenancy in common of the land would govern the house and walls. "There must be a conveyance to pass the property of the soil, it will not pass by parol agreement." (d) Therefore, as a (a) 7 & 8 Vict. c. 84. (b) Sect. 3. (c) 5 Taunt. 23, by Heath, J. "And an award, directing that a wall shall be built at the joint expense of adjoining owners, will not alter the right of soil. So that the direction of a Judge was held right, who told the jury, notwithstanding the award, that if they believed the ground upon which the wall had been built, to be the exclusive property of the defendant, it should find for the defendant." 1 Alc. & Napier, 155, Hutchinson v. Mains. (d) 5 Taunt. 23. Ownership of party walls, and of the land whereon they and B |