Reimburse- "And until such expenses shall be so paid, every person at whose such expense party structure shall have been built is hereby entitled to and shall be possessed of the sole property thereof, and of the ground whereon it stands, and the same shall be vested entirely in the person at whose expense such party structure shall have been built." This is a reimbursement clause,-one of considerable importance. It refers distinctly to new walls,-to vacant ground, to ruinous buildings,-to timber partitions,— to intermixed properties,—to party walls built in lieu of party fence walls,--and to "every other case of reimbursement in respect of any party structure." Consequently, if a partial want of repair be necessary, and proceedings be taken under the 20th and following sections, this 7th article will reach the case. The wall which is partially repaired is not a ruinous or defective wall within the statute, but it is one which the 20th section, concerning the "reparation" of party walls, will embrace, and the last item of reimbursement just cited will probably take in the point of reimbursement. The words, in the 20th section, "payment of the cost of such works," have a general reference to this comprehensive clause (o). The 24th section, which directs that certain expenses of surveys shall be certified and awarded in fixed proportions, may likewise be referred to under this head. And the proceedings under section 25 may likewise come under this 46th clause. So under the general head of reimbursement the raising of buildings under the 31st section may be included. The charges of exchanging a timber partition for a party wall are particularly mentioned in section 46, and the 33rd section may, therefore, (0) That is, section 46. ment and be quoted as being in close connection with the clause of Reimbursereimbursement. The same may be said of proceedings Contribution in building upon vacant ground, where the adjoining Clauses. owner has consented to the structure. The clauses concerning ruinous buildings also come within its provisions (p). The 5th article concerning intermixed properties may be identified with the third head of proportionate compensation. The mode of reimbursing expenses having been fully set forth by the statute, it becomes necessary to ascertain how these charges are to be recovered, and from what class of persons. It is conceived that the adjoining owner is to have, in the first instance, an account of the sum laid out by the building owner. It seems also, that this adjoining owner must be construed to mean the occupier, where there is an occupier, unless such occupier be merely a "tenant from year to year, or for any less term, or a tenant at will;" (q) or if there be not an occupier, then he must be the person entitled to the immediate possession of the premises (r). Then, with respect to all leases and agreements made before the coming into operation of the act, the charge is ultimately to lie upon the person now bound by law, or by any existing contract, to maintain and repair the building. But where the lease or agreement is made after the act begins to work, the occupier is to be liable, but he may deduct the charges out of his rent, in the absence of any covenant or agreement, on his own part, to pay them. The official referees are, in cases of dis (p) Sections 40 to 44, inclusive, post, Append. (q) See section 112. (r) See sections 46, 111, post, Append. Reimburse- pute, to determine the demands, in respect of which each owner or occupier shall be liable, and likewise the proportionate contributions which may be required from each. Such contributions not being paid, it becomes a question how the liquidation of them is to be enforced. Formerly, this was done by action under the 41st section of the 14 Geo. 3, c. 78, and the owner of the improved rent was the person selected to make the payment. Who might be this owner of the improved rent was a question so nice that numerous lawsuits sprang from the section, and the assistance of the Courts was frequently invoked in order to settle in some measure, a rule upon the subject (s). Now, however, the expenses are to be ascertained by the referees, and the amount being calculated, the party refusing to pay may be summoned before a magistrate, or before two justices where the case is out of the jurisdiction of a police magistrate. Then upon conviction, a warrant of distress may be issued against his goods, and if the distress be insufficient, it shall be lawful for the justice to commit the person in default till he have paid the amount due and the costs (†). First, then, we have the clause which requires an account to be given of the work done, and of any deduction which may be justly allowed on the behalf of the adjoining owner (u). It enacts that," with regard to the costs of all the works (s) See, amongst other cases, 5 T. R. 130, Peck v. Wood. 3 T. R. 458, Southall v. Leadbetter. 1 Bos. & Pul. 306, Sangster v. Birkhead. 8 T. R. 204, Beardmore v. Fox. 6 Taunt. 249, Taylor v. Reed. 2 B. & Ald. 467, Lambe v. Hemans. 2 B. & Ald. 878, Williams v. Pocklington. (t) Section 102, post, Append. Reimburse Contribution which shall be executed under this act, incurred, either by an owner or by an occupier, on behalf of the owner ment and of the adjoining premises, or on behalf of the owner Clauses. of the same premises, so far as relates to the recovery thereof, that, within twenty-one days after the completion of the work, it shall be the duty of the person by whom such expense shall have been incurred, to deliver to the adjoining owner of the building or premises, in respect of which such expense shall have been incurred, an account in writing of the expenses of the work, including all preliminary and incidental operations; and also, if the work shall have been executed by the authority of the official referees, by virtue of the power hereby provided for supplying the want of consent of owners, then a copy of such account shall also be delivered to the official referees at their office; and that every such account must contain a true account, "First, of the number of rods and parts of rods of brickwork, and of all digging, and of concrete, stonework, and other requisite materials, and the labour required in executing so much of the work as the owner of the adjoining building shall be liable to pay, and of the respective prices thereof: and, secondly, of any deduction which such adjoining owner shall be entitled to make therefrom on account of the old materials of so much of the wall or other structure pulled down, which shall have belonged to him: “And also a true account of the expenses of all other preliminary and incidental operations ; "And that all such works must be estimated and valued, in every such account, at such rates and prices as shall from time to time be fixed by the official referees; “ And that if within ten days from the delivery of such Reimburse- account, any party dissatisfied with the proportion of the amount thereof charged to him, appeal to the official referees, then, upon the receipt thereof, or if, in cases of want of due consent as aforesaid, such account be delivered to the official referees as aforesaid, it shall be the duty of the official referees to examine such account, and to certify whether they approve or disapprove of the items thereof, and whether the rates and prices are duly charged, and whether the proportion of the account charged to the party appealing be duly charged, and also to appoint how and by whom the expenses of such examination are to be borne, and also to appoint the time or times at which the amount of such account, and of such expenses payable by any party, are to be paid; and that if they certify their disapproval, or that the charges are not duly made, or the amount fairly apportioned with regard to the party appealing, then before any demand be made, or any proceedings be taken thereon, the account must be amended, and again examined by the official referees, and certified as aforesaid; and that if the official referees certify their approval, then at the time or times appointed by the said official referees, it shall be lawful for the person entitled to such costs and expenses to demand the amount thereof; and that if within ten days after the delivering of such account to the party liable to pay the same, such party do not either appeal against such account or pay the same; or if, within ten days after the demand thereof in conformity with the certificate of the official referees, the amount thereof, together with the costs of the examination of the account, as the official referees shall certify, be not paid; then it shall be lawful for the person entitled thereto to recover the same, or so |