Fien earl of Breadabout, his heirs, and fucceffors) all such eitates, rights, titles, interests, claims, and demands, of, in, to, and out of, the lands and premißes to be exchanged as aforefaid, as they, every or any of them, had before paffing this act, or should or might have had and enjoyed, in cafe this act had never been made. CAP. XXXIV. An act for widening feveral fireets, lanes, ways, and paffages, within the city of Britol, and for opening several new freets and paffages within the fame; and for explaining, amending, and enlarging, the powers of the several afts pafied for paving, cleaning, lighting, watching, and regulating, the streets, and other places, within the laid city, and liber ties thereot. Preamble. Corporation impowered to widen certain freets, and lay out others; and to treat for purchase of premities. Bodies politick, &c. impowered to fell and convey. If any refuse to treat and feil, or cannot make a title; the fame to be fettled by a jury. Jurors may be challenged. Witneffes may be examined on oath. Proceedings to be void, in cafe cor. poration omit to pay fums awarded within 3 months, or justices neglect to fummon a jury. On payment of purchase-money, premifles to be conveyed. Mortgagees refuting to take in their mortgage-money, the fame to be paid into the chamber of the city of Briftol. Receipts to be regiftered. Premifles thereupon vetted in the corporation. On application of perfons interested, purchase money to be placed out at intereft. Mefne profits recoverable. Mortgagees, on payment or tender of mortgage. money and intereft, to convey. Tenants to quit on notice given: on re. fufal, fheriffs, to deliver poffeffion. Penalty on sheriffs, &c. not doing their duty. Money payable to bodies corporate, &c. to be re-invested in purchafe of other eftates. St. Leonard's church, &c. to be taken down. Corporation may fell overplus lands. Corporation may contract for purchafe of the premiffes here mentioned. Width of the fhambles, &c. Trustees to fell overplus ground. St. Peter's crofs and pump to be removed: Perfons liable to repair the fame, are to repair the new. Lamps to be kept lighted from fun fetting to fun rifing. Contracts to be made yearly for lighting, and cleansing, the streets, &c. Parish officers may profecute for breach of contract; except, &c. Contracts not liable to ftamp duty. Parish officers not to have any concern in contracts. On death of collectors, executors to account. Diftrefs may be followed. Rates may be apportioned. Arrears may be levied; but former collector, &c. not thereby indemnified. Limitation of appeal. Paving to be under the in(pection of the furveyors of the highways; subject to the direction of the mayor, &c. Surveyors may caufe gouts or fewers to be altered, &c. Expence thereof how to be defrayed. Houfes unoccupied, how to be charged. Regulation respecting streets made since 22 Geo. 2. Carriage of goods limited. Exceptions. Power to prevent annoyances. Form of conviction. Penalty on perfons interrupting the paffage through the ftreets, &c. No materials to be worked up on the banks of the Froome, without leave. Power to regulate figns, &c. and alter fpouts, &c. Spouts, &c. of publick buildings, by whom to be regulated. Upon prefentment of houfes, &c. being in a ruinous condition, corporation to order them to be inclosed; owners to pay the charges. Houfes rebuilt, not to project beyond the story pofts; and to have party walls. Application of penalties and forfeitures. Orders not to be quafhed for want of form, nor removable by Certiorari. Perfons aggrieved may appeal to the quarter feffions. Penalties may be mitigated. Limitation of actions. General iflue. Treble cofts. Publick act. CAP. CA P. XXXV. An act to continue an act made in the thirty fecond year of his late majesty King George the Second, for continuing, amending, explaining, and making more effectual, an act made in the nineteenth year of his faid Majefty, more effectually to prevent the frauds and abufes committed in the admeasurement of coals, within the city and liberty of Westminster, and other places therein mentioned. HEREAS the laws berein after-mentioned which have, by Preamble. experience, been found useful and beneficial, are near expiring : may it therefore please your most excellent Majefty, that it may be enacted; and be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That fo much of an So much of act made in the nineteenth year of his late majefty King George the act 19 Geo. 2. Second, intituled, An act more effectually to prevent the frauds and abufes committed in the admeafurement of coals within the city and liberty of Westminster, and that part of the duchy of Lancaster adjoining thereto, and the feveral parishes of Saint Giles in the Fields, Saint Mary le Bon, and fuch part of the parish of Saint Andrew, Holborn, as lies in the county of Middlefex, which was to continue in force from the twenty fourth day of September, one thousand seven hundred and forty fix, for three years; and which, by three fubfequent acts made in the twenty third, twenty fixth, and thirty fecond years of his faid Majefty, was further continued to the twenty fourth day of June, one thousand seven hundred and fixty fix, and from thence to the end of the then next feffion of parliament; as was not altered by an as was not alact made in the thirty fecond year of his faid Majefty, intituled, tered by act An act for continuing, amending, explaining, and making more ef. 32 Geo. 3, fectual, an act made in the nineteenth year of his prefent Majesty's reign, intituled, An act more effectually to prevent the frauds and abufes committed in the admeasurement of coals within the city and liberty of Westminster, and that part of the duchy of Lancaster adjoining thereto, and the feveral parishes of Saint Giles in the Fields, Saint Mary le Bon, and fuch part of the parish of Saint Andrew, Holborn, as lies in the county of Middlesex; and also the said last-mentioned act; which were to continue in together with force to the faid twenty fourth of June, one thoufand feven hun- the last men. dred and fixty fix, and from thence to the end of the then next feffion of parliament, fhall be, and the fame are hereby further tinued to continued, from the expiration thereof, until the twenty fourth 24 June, 1780. day of June, one thousand seven hundred and eighty, and from thence to the end of the then next feffion of parliament. tioned act, are further con Preamble. CAP. XXXVI. An act for encouraging the cultivation, and for the bettèr -prefervation, of trees, roots, plants, and shrubs. WHEREAS divers perfons have, of late years, wilfully and maliciously cut down, barked, or otherwife deftroyed, timber trees, and trees ftanding for, and likely to become, timber, growing as well in the feveral forests, chafes, and other open grounds, as in the woods, and plantations, and inclofed grounds, within this kingdom; to the great detriment of the owners of fuch trees, and to the dif couragement of planting in general, fo beneficial to Great Britain: and whereas the difpofition of nursery men to improvements in planting and gardening, through Great Britain, is also of great use to the publick; and many nurfery men, gardeners, and others, have collected and cultivated, at great expence, roots, frubs, and plants, of every country, and imported, cultivated, and exported, great quantities thereof, and do thereby fupport themselves and many others of his Majefly's fubjects: and whereas many evil-difpofed perfons, well knowing the value of fuch roots, fhrubs, and plants, have, of late years, frequently entered into nurferies, gardens, and other inclofed grounds in general, and of the nursery men and gardeners in particular, and have dug up, taken, or carried away, out of fuch nurferies, gardens, and grounds, roots, shrubs, and plants, and likewife deftroyed others on the spot, to a very confiderable value: be it therefore enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authoPenalty on rity of the fame, That from and after the fecond day of June, cutting down, one thousand seven hundred and fixty fix, all and every perfon fpoiling, car and perfons who fhall, in the night-time, lop, top, cut down, rying away, break, throw down, bark, burn, or otherwise spoil or deftroy, or carry away, any oak, beach, afh, elm, fir, chefnut, or afp, timber tree, or other tree or trees ftanding for timber, or likely to become timber, without the confent of the owner or owners thereof firft had and obtained; or fhall, in the night-time, pluck up, dig up, break, fpoil, or deftroy, or carry away, any root, fhrub, or plant, roots, fhrubs, or plants, of the value of five fhillings, and which fhall be growing, ftanding, or being, in the garden ground, nursery ground, or other inclofed ground, of any perfon or perfons whomfoever; fhall be deemed and confelony. ftrued to be guilty of felony; and every fuch person or perCourt impow- fons fhall be fubject and liable to the like pains and penalties as ered to tranf- in cafes of felony; and the court, by and before whom fuch port the of perfon or perfons fhall be tried, fhall, and hereby have authofender for 7 rity to tranfport fuch perfon or perfons, for the fpace of feven years, to any of his Majefty's plantations in America, in like manner as other felons are directed to be tranfported by the laws and ftatutes of this realm: and all and every perfon and perfons who fhall be wilfully aiding, abetting, or affifting, in fuch cutting down, breaking, throwing down, barking, burn &c, in the night-time, any oak or other timber trees; plants, of 5s. 1ery, or inclof. ed ground; is years: The aiders and abettors therein, or receive fuch ing, or otherwife fpoiling or deftroying, or carrying away, any fuch oak, beach, ash, elm, fir, chefnut, or afp, timber tree, or and perfons other tree or trees ftanding for timber, or likely to become tim- who fall buy, ber, as aforefaid; or in fuch plucking up, digging up, cutting, roots, fhrubs, breaking, fpoiling, or deftroying, or carrying away, fuch root, or plants, fhrub, or plant, roots, thrubs, or plants, as aforefaid, of the knowing the value aforefaid; or who fhall buy or receive fuch root, fhrub, stolen, are lior plant, roots, fhrubs, or plants, of the value aforefaid, know- able to like ing the fame to be stolen; shall be subject and liable to the fame punishment, punishment, as if he, the, or they, had ftolen the fame; any as if they had law to the contrary in any wife notwithstanding. CAP. XXXVII. An att to explain, amend, and render more effectual, an alt made in the fourth year of his prefent Majesty's reign, for the better regulating of buildings, and to prevent mischiefs that may happen by fire, within the weekly bills of mortality, and other places therein mentioned. WHE fame to be itolen the fame. HEREAS fo much of the act paffed in the fourth year of Preamble, re the reign of his prefent majesty King George the Third, in- citing claufes in act 4 Geo. 3. tuled, An act for the better regulating of buildings, and to prevent mischiefs that may happen by fire, within the weekly bills of mortality, and other places therein mentioned, as relates to pulling down or rebuilding of partitions or party walls between house and house, enacts, That fo much of the act of parliament made in the eleventh year of the reign of his majefiy King George the First, as relates to party walls within the faid city and liberty of Westminster, or any parish, precinct, or place, comprized within the weekly bills of mortality, or within the feveral parishes of Saint Mary le Bone and Paddington, or within the parishes of Chellea and Saint Pancras, or either of them, in the county of Middlesex (except the city of London and the liberties thereof, and also except the party walls of houfes on the river of Thames below bridge) hould, from and after the paffing of the faid act of the fourth year of the reign of his prefent Majefty, extend, and be conftrued, deemed, and taken to extend, to all cafes whatsoever within the faid city and liberty of Westminster, and the feveral parishes, precincts, and limits aforefaid, where it is or fhould be neceffary to pull down and rebuild any party wall, whether either of the adjoining houfes fhould or should not be, or require to be rebuilt, or new built and that from and after the paffing of the faid laft-mentioned act, in cafe the major part made of the workmen appointed in manner preferibed by the faid act, and paffed in the eleventh year, of the reign of his majesty King George the First, to view the party wall of any house or houses, within the faid city of Weftminster, and the feveral parishes, pretinels, and limits aforefaid, intended to be pulled down, should not, within the Spare of one calendar month next after fuch appointment, fign a certificate in writing as by the faid last-mentioned act is required, then, and in every fuch cafe, it should and might be lawful to er for any two or more of his Majesty's juftices of the peace for the N 4 city city or county, refiding within or near the parish, liberty, or precinct, where the house or houses, having fuch party wall or walls intended to be pulled down, should stand; and fuch two or more justices were thereby authorized and required, upon fuch application to them for that purpose made by the owner or occupier of either of the boufes between which the party wall so proposed to be pulled down should be, to name and appoint one other able workman to be added to the workmen appointed by virtue or in pursuance of the said act of the eleventh of George the First; and the workmen fo appointed by virtue and in pursuance of the faid last-mentioned all, and of the faid act of the fourth of his present Majesty, or the major part of them, who should meet for that purpose (ten days notice having been given to, or left at the dwelling-houfe of each and every of them, of fuch intended meeting) fhould view the party wall fo proposed to be pulled down and in cafe the major part of fuch workmen should certify in writing, under their hands, that such party wall was defective and bad, and ought to be pulled down; then, and in fuch cafe, it should and might be lawful to and for the owner or occupier of either of the faid adjoining houses to caufe fuch party wall to be pulled down and rebuilt; and he or she should have fuch remedy for recovering a moiety of the expences thereof, as in and by the faid act of the eleventh year of his late majefty King George the Firft, was given or provided; Jubject nevertheless to fuch appeal to, and determination by, the juftices of the peace, as by the fame at was directed: and whereas, notwithStanding the directions of the faid recited acts, touching the pulling down ruinous, bad, and defective party walls, wilful and litigious perfons may endeavour to prevent the fame being done, by oppofing the entry of the first builder into the house which adjoins to fuch party wall, in order to the fhoring up the fame, for the purpose of taking down the faid party wall; be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this present parliament affembled, and by the authority of the fame, That copy of a from and after the paffing of this act, when the major part of certificate de- fuch workmen fhall have certified in writing under their hands, livered, that a as aforesaid, that the party wall of any houfe or houses within party wall is defective, and the faid city and liberty of Westminster, and the feveral parishes, ought to be precincts, and limits aforefaid, is defective and bad, and ought pulled down, to be pulled down'; then, and in every fuch cale; if any owner fhall be refused or occupier of either of the houfes adjoining to fuch party wall into the ad fhall, upon notice given of fuch certificate as aforefaid, by dejoining houses, livering to him or her a copy thereof, or leaving the fame at the to shore up place of his or her abode, refufe admittance to any builder or builders, his and their fervants or workmen, or other perfons employed, to fhore up fuch houfes, or to pull down fuch party or pull down wall, then, upon oath made by fuch builder or builders, his fuch wall; and their fervants or workmen, or other perfons employed for the purposes aforefaid, of the fervice of the copy of fuch certificate in manner aforefaid, and of fuch refufal, before one or the justice, be- more juftice or juftices of the peace for the faid county, city, or liberty, it hall and may be lawful for fuch juftice or justices Where, upon à admittance the fame, fore whom 411 64 Ì before |