have been commenced, and to cause all the Rules and : To attend and perform every thing required of him by this To inspect ruinous Buildings and Projections in danger, at all Times when needful, and to take all necessary Measures thereupon; and also To survey all Buildings built, rebuilt, enlarged, or altered by or under the Superintendence of a District Surveyor within any other District to which he shall be appointed by the Official Referees for that Purpose; and also To cause a Book for registering all Notices, Informations, and Complaints to be at all Times kept at his Office, and to enter in such Book every Notice, Information, or Complaint which shall be delivered or made to him, and any Proceeding thereon by him taken. Surveyors, their Districts and Duties. LXIX. And be it enacted, with regard to such Surveyors, Disqualificaso far as relates to their Disqualifications, That during the Time tions. that any such Person shall act as a Justice of the Peace for the County in which his District shall be situated it shall not be lawful for him and he is hereby disqualified from holding the Office of a Surveyor or of Deputy or an Assistant Surveyor for any District under this Act. veyors, LXX. And be it enacted, with regard to the Surveyors who Continuance at the Time of this Act coming into operation shall have been of present Surappointed under the Act of the Fourteenth Year of the Reign 14 G. 3. c. 78. of King George the Third, mentioned in the Schedule (A.) hereto annexed, so far as relates to their Continuance in Office, and the Application of this Act to them, That until they shall be removed it shall be lawful for them and they are hereby entitled to continue to be the Surveyors for the Purposes of this Act, and for the Districts assigned to them at the Time this Act shall come into operation, but subject to such Alter- Subject to this ation of such Districts as may be made by virtue of any Power Act. in that Behalf, and to act in all respects as if they had been appointed under this Act; and that every Provision in this Act applicable to District Surveyors, so far as relates to the Exercise of the Office of Surveyor, and to their Remuneration in that Behalf, shall apply to them. LXXI. And be it enacted, with regard to every Surveyor Declaration hereafter appointed, so far as relates to making a Declaration of official Fidelity. of official Fidelity, That before any such Surveyor shall act in pursuance of this Act it shall be his Duty and he is hereby required to make a Declaration of official Fidelity, which must be administered by the said Lord Mayor and Aldermen in their Court of Aldermen, or by the said Justices of the Peace in their respective General Quarter Sessions, and must be in the Form or to the Effect following; that is to say, 'I A. B., being One of the Surveyors appointed in pursuance of an Act made and passed in the Eighth Year of the Surveyors, their Districts and Duties. Penalty for acting before Declaration made. Regulation of Offices. Attendance. Return of Surveyor pro tempore. Duty of Fees. • Reign of Her Majesty Queen Victoria, intituled An Act for ، regulating the Construction and the Use of Buildings in the Metropolis and its Neighbourhood, and commonly called the Metropolitan Buildings Act, do solemnly declare, That I will diligently, faithfully, and impartially perform the Duties of my Office, and to the utmost of my Power, Skill, and Ability en'deavour to cause the several Provisions of the said Act to be ' strictly observed, and that without Favour or Affection, Pre'judice or Malice, to any Person whomsoever.' 6 And that if before making such Declaration any such Surveyor act in pursuance of this Act, then on Conviction thereof he shall be liable to pay, for every Day during which he shall so act before making such Declaration, the Sum of Five Pounds. LXXII. And be it enacted, with regard to the Surveyors, so far as relates to the Regulation of their official Duties, That it shall be the Duty of every Surveyor for the City of London and the Liberties thereof, and he is hereby required, to have an Office, at his own Expence, in such public Situation as shall be approved by the Lord Mayor and Aldermen; and that it shall be the Duty of every other Surveyor and he is hereby required to have an Office, at his own Expence, in some central Part of the District to which he shall be appointed, as shall be approved by the Justices of the Peace in Quarter Sessions within whose Jurisdiction he shall act; and that it shall be the Duty of every such Surveyor and he is hereby required, by himself or by some other Person in his Behalf, to attend at his Office every Day (Sundays, Christmas Day, and Good Friday excepted,) from Ten of the Clock in the Morning till Four of the Clock in the Afternoon; and that immediately upon his Appointment, and from Time to Time upon every Change of his Residence, or of his Place of Business, or oftener if required, it shall be the Duty of every Surveyor and he is hereby required to make a Return to the Registrar of Metropolitan Buildings, and to the Overseers of the Poor of every Parish or Place within his District, of his Name and Place of Abode, and the Place where such Office shall be. LXXIII. And be it enacted, with regard to such Surveyor, so far as relates to the Appointment of a Deputy or Substitute in certain Cases, That if any Surveyor shall be prevented by Illness or any other unavoidable Circumstances from attending to the Duties of his Office, then forthwith it shall be his Duty and he is hereby required, but subject to the previous Consent and Approval of the Official Referees, to appoint some other Surveyor, duly qualified as aforesaid, as his Deputy, to perform all such his Duties for so long a Time as he shall be so prevented from executing them; and that thereupon, during such Time as aforesaid, it shall be the Duty of such Deputy Surveyor and he is hereby required to perform all the Duties of such Surveyor, and that in all respects as if he were the Surveyor appointed or confirmed under this Act; and that it shall で be lawful for such Deputy Surveyor and he is hereby entitled Surveyors, their Districts and Duties. LXXIV. And be it enacted, with regard to such Surveyors, Vacancies. so far as relates to the filling up of Vacancies, That if any Vacancy shall happen through the Death or Removal of any Surveyor, then, within One Month thereafter, it shall be the Duty of the Lord Mayor and Aldermen, or of the Justices of the Peace in General Quarter Sessions or any Adjournment thereof, as aforesaid, and they are hereby respectively required, to appoint a Successor as herein directed; and that in the mean- Occasional time it shall be lawful for the Official Referees to direct the Services. Surveyor of any One or more of the other Districts to perform the Duties of Surveyor for the vacant District, or if no District Surveyor can be spared from his own District to appoint some other competent Person duly qualified as aforesaid for that Purpose; and that every such Surveyor is hereby entitled to Fees for Serreceive the Fees payable in respect of the Services so performed vices. by him in such vacant District. LXXV. And be it enacted, with regard to the Surveyors, Regulation of so far as relates to the Regulation of their Business, That if it Business. shall appear to the Official Referees that the District appointed for any Surveyor is too extensive for the prompt Discharge of his Functions, then it shall be their Duty to represent such their Opinion to the Lord Mayor and Aldermen of the City of London, or to the Justices of the Peace with whom the Appointment of a Surveyor for that District may rest, and for that Purpose to transmit with their Letter of Representation a Transcript of their "Register of Notices" with the Results; and that if at any Time it appear to such Official Referees that Assistant Suron account of the Pressure of Business in any District, or on veyors. any other Account, the Surveyor of that District cannot discharge his Duties promptly as regards the Builders and others engaged in Building Operations, and efficiently as regards the Purposes of this Act, then it shall be lawful for such Official Referees and they are hereby empowered to appoint any other District Surveyor to assist the Surveyor of such District in the Performance of his Duties, or if no District Surveyor can be spared from his own District, then to appoint some other competent Person to give such Assistance; and that with regard to Duties of all Buildings surveyed by such Assistant Surveyor, and all other Assistants. Acts done by him, it shall be the Duty of such Assistant Surveyor to make Returns and to act in all respects as if he had been appointed by the said Lord Mayor and Aldermen, or by the said Justices, to be the Surveyor of such District; and that Fees. every such Person shall be entitled to receive the Fees payable in respect of the Services so performed by him. LXXVI. And be it enacted, with regard to such Surveyors, Superintenso far as relates to the Supervision of Buildings built, rebuilt, dence of Surenlarged, or altered by or under their professional Superinten- veyors. dence, Surveyors, their Districts and Duties. Surveyor's ment. 7 & 8 VICT. dence, That it shall not be lawful for any such Surveyor to survey any such Building for the Purposes of this Act, but that such Building must be surveyed by another District Surveyor, or by another Surveyor to be appointed by the Official Referees for that Purpose. LXXVII. And be it enacted, with regard to such Surveyors, so far as relates to their Remuneration, That upon the Expiration of One Month after the Roof of any Building erected and surveyed under this Act shall have been covered in, and all the Walls thereof have been built to their full Heights, and the principal Timbers and Floors shall have been fixed in their Places, and upon the Expiration of Fourteen Days after the Completion of any Addition, Alteration, and Repair, and upon the Expiration of Fourteen Days after each special Service shall have been performed, and upon delivering to the Owner of the Building an Account of the Fees incurred, and upon tendering a Receipt, signed with his Christian and Surname, and stating the Amount of such Account, and the Work done, it shall be lawful for the Surveyor and he is hereby entitled to receive from the Builder, or from the Owner or from the Occupier of the Building, for his Time and Trouble and Expences in causing the Rules, Regulations, and Directions of this Act to be observed, the several Fees specified in the Schedule of Fees (L.) Refusal of Pay- hereunto annexed; and that if on Tender of such Receipt any Builder, Owner, or Occupier who shall become liable to pay any such Fee shall refuse to pay the same, then, upon Application to any Justice of the Peace, it shall be lawful for such Justice and he is hereby required to summon the Party complained of in the first instance, and if he do not appear, or if he fail to satisfy the said Justices as to the Refusal of Payment as aforesaid, it shall be lawful for such Justice and he is hereby required to issue his Warrant to levy the Amount of such Fee by Distress and Sale of the Goods and Chattels of the Party so refusing, in like Manner as Poor's Rates are by Law recoverable, and if such Fee be paid by the Occupier he shall be entitled to recover the Amount thereof from the Owner: Provided always, that if the Work in respect of which such Fee shall become payable have not been done in every respect agreeably to the Directions of this Act, then it shall not be lawful for any Surveyor to receive such Fee; and that if he shall so receive it, then, upon Application to the Official Referees by any Party interested in the Building in respect of which such Work shall have been executed, and upon its appearing that such Fee has been received wrongfully, it shall be lawful for such Official Referees and they are hereby authorized (if they think fit) to order the said Surveyor to refund such Fees. Fees to be paid only for Work done agreeably to Act. Refunding Surveyor's Returns. LXXVIII. And be it enacted, with regard to such Surveyors, so far as relates to a Return of the Business done by them, and to the Inspection thereof, That within Seven Days after the First Day of every Month it shall be the Duty of every Surveyor and he is hereby required to make a Return to the Surveyors, the Registrar of Metropolitan Buildings, enumerating therein the the previous Month under his Supervision, and the Fees paid and Duties. Returns. to him for the same, and also a Copy of the List or Register LXXIX. And be it enacted, with regard to every Sur- Penalty for be, |
