Middlesex Sessions:
Sessions Papers - Justices' Working Documents
SM | PS

October 1770

About this document type

Currently Held: London Metropolitan Archives

LL ref: LMSMPS506040052

Image 52 of 218


May be so Intermixed with adjoining houses over or under each other in such manner that a
Party wall or walls or Brick or Stone cannot be Effectually built upon the old Foundations
Perpendicular quite tho' all the Stories in Order to Prevent Mischiefs by Fire without
Pulling down some Part or Parts of the one and laying the same to the others for Preventing
Disputes thereupon, or Determining any Subsisting Disputes This Enacted that in all Cases
where any Dispute or Controversy hath arisen or shall arise between the Owner or Owners
of any house or houses already pulled down or that She pulled down in Order to be Rebuilt
and the Owner or Owners of any house Adjoining on either Side to such house or houses
Within the said City or Liberty of Westminster and the Parishes Precincts and
Limits aforesaid Concerning any Part or Parts thereof Intermixed over or under each,
other in such manner that a Party Wall or Party Walls of Brick or Stone cannot be
Effectually built upon the old Foundations Perpendicular quite thro' all the Stories of the
Said house or houses in Order to Prevent Mischiefs by Five without puling down some
Part of Parts of one or more of the said Adjoining houses and laying some Part or Pts
of one or more of the said Adjoining house on houses or Ground to the other or others [..]
It shall and may be Lawfull to and for the Justices of the Peace in the General or Quarter
Sessions to be holden for the said City and Liberty of Westminster or the County of
Middlesex And they are thereby Authorized and Required upon Application made to them
by the Pson or Psons desirous to pull down or Rebuild any house or houses as afsd.
to Examine into such Dispute or Controversy and Ascertain the Property and fix
the Value of what may be found Necessary to be wanted for Erecting Perpendicular
Party Walls upon the old Foundations as aforesaid And for that Purpose to Issue
their Order to the Sheriffs or Bailiffs or other proper Officer of the City or Conty
wherein any such Dispute or Controversy hath arisen or shall wise to Summon a
Jury to View the Premes, try the Facts, and fix the Value of any Damages that may
Arise on their Verdict, ad upon such Verdict the said Justices shall and may And
are hereby Authorized and Required to make such Order or Orders in the said Premes
as they in their Discretions shall think to be just and Reasonables And the
Determinations of the said Justices shall be final and Conclusive to all Parties
without any Appeal from the same.

That your Petitioner being Owner of a house in the Parish of Saint Pancras in
the County of Middlesex two Rooms whereof run over a Kitchen and Office belonging to the
next house Adjoining occupied by one Mrs. Penelope Kite< no role > and your Petitioner being desirous
of Pulling down and Rebuilding his house had made all Possible Overtures to the sd.
Mrs. Kite and her Landlord on Account of their Rooms intermixing either to Consent
to his Rebuilding or to Sell him their house but She and her Landlord who is her
Brother in Law refusing to do either or to come into any reasonable Terms whatsoever
your Petitioner has been advised to Pursue the Remedies Prescribed by the
Several Acts of Parliament for building Perpendicular Party Walls where the
Premes intermix with each other and accordingly

On the 17th day of July last Your Petitioner gave the said Penelope Kite< no role > three Months
Notice in Writing of pulling down and rebuilding his said house and Premes
and the Party or Partition Walls and that the said Penelope Kite< no role > might name
two Workmen who together with the Workmen thereby named and Appointed
by and on the behalf of your Petitioner should view the Premises and Party
or Partition Walls in Order that they might Certify the same at the General
or Quarter Sessions of the Peace Agreable to the Act of Parliament as by a
Coy of the Notice annexed may more fully and at large Appear




View as XML