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c. 63, s. 67.

separately as a dwelling unless it be in every part at least seven Occupation of feet in height, measured from the floor to the ceiling; nor un- cellars, etc. II & 12 Vict. less it be at least three feet of its height above the surface of the street or ground adjoining or nearest to it; nor unless there be outside of and adjoining, and extending along the entire frontage, and upwards from six inches below the level of the floor up to the surface of the street or ground, an open area of at least two feet and six inches wide in every part; nor unless it be well and effectually drained by means of a drain, the uppermost part of which is one foot at least below the level of the floor; nor unless there be appurtenant the use of a watercloset or privy and an ashpit, furnished with proper doors and coverings, kept and provided according to the provisions of the Act (see ante, p. 160); nor unless it have a fireplace with a proper chimney or flue; nor unless it have an external window of at least nine superficial feet in area clear of the sash frame, and made to open in such manner as shall be approved by the surveyor, except in case of an inner or back vault, cellar, or room let or occupied along with a front vault, cellar, or room as part of the same letting or occupation, in which case the external window may be of any dimensions, not being less than four superficial feet in area clear of the sash-frame. Whosoever lets, occupies, or continues to let, or knowingly suffers to be occupied, for hire or rent, any vault, cellar, or underground room, contrary to the above-mentioned provisions, is liable for every Penalty. offence to a penalty not exceeding 20s. for every day during Ib. which the premises continue to be so let or occupied after notice in writing from the Local Board. In any area adjoining Steps. a vault, cellar, or underground room there may be steps neces- Ib. sary for access thereto, if so placed as not to be over, across, or opposite to the external window, and so as to allow between every part of the steps and the external wall a clear space of six inches at the least, and that over or across any such area there be steps necessary for access to the building above to which the area adjoins, if so placed as not to be over, across, or opposite to any external window.

Every vault, cellar, or underground room in which any person What a passes the night is to be deemed to be occupied as a dwelling dwelling. within the meaning of the Act.

Ib.

The provisions of the Act, with respect to the letting and How in case occupation of vaults, cellars, and underground rooms, so far as of cellars, they relate to vaults, cellars, and underground rooms, which etc., already occupied as have been let or occupied as dwellings before the passing of the dwellings. Act were not to come into force or operation until the expira- Ib. tion of one year from the passing of the Act; nor within any district until the expiration of six months from the time when the Act shall have been applied to such district.

All churchwardens and overseers of the poor from time to time after the passing of the Act are to cause public notice of its provisions with respect to the letting and occupation of

Churchwardens, etc., to give notice

of enactment. 11 & 12 Vict. c. 63, s. 67. How when two convic

tions have occurred within three months. Vict. 29 & 30 c. 90, s. 36.

Ruinous buildings

to be taken down or secured.

secure22 Vict.

c. 98, s. 45. 10 & 11 Vict. c. 34, s. 75.

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vaults, cellars, and underground rooms, to be given in such manner as may appear to them to be best calculated to make them generally known.

Where two convictions against the provisions of any Act relating to the occupation of a cellar as a separate dwellingplace shall have taken place within the period of three months, whether the person so convicted were or were not the same, any two justices may direct the closing of such premises for and empower the such time as they may deem necessary, nuisance authority to permanently close the same, in such manner as they deem fit, at their own cost.

By the Sanitary Act, 1866, the 11 & 12 Vict. c. 63, s. 67, relating to cellar dwellings, is extended to every place in England where such dwellings are not regulated by any other Act of Parliament; and in construing the 67th section, nuisance authority shall be substituted for the Local Board.

§ 2. RUINOUS OR DANGEROUS BUILDINGS.

If any buildings or wall, or anything affixed thereon, within the limits of the district, be deemed by the surveyor of the Board to be in a ruinous state, and dangerous to passengers or the occupiers of neighbouring buildings, he is immediately to cause a board or fence to be put up for the protection of passengers, and then to give notice to the owner of such building or wall, if he be known and resident within the limits of the district, and shall also cause such notice to be put on the door or other conspicuous part of the premises, or otherwise to be given to the occupier thereof, if any, requiring such owner or Occupier forthwith to take down, secure, or repair such building, wall, or other thing, as the case shall require. If the owner or occupier do not begin to repair, take down, or secure the building, wall, or other thing within the space of three days after any such notice has been so given or put up, and complete such repairs, or taking down, or securing, as speedily as the nature of the case will admit, the surveyor may make complaint thereof before two justices, and it shall be lawful for such justices to order the owner, or in his default the occupier (if any), of the building, wall, or other thing, to take down, rebuild, repair, or otherwise secure, to the satisfaction of the surveyor, the same or such part thereof as appears to be in a dangerous state, within a time to be fixed by the justices; in case the same be not taken down, repaired, rebuilt, or otherwise secured within the time so limited, or if no owner or occupier can be found on whom to serve such order, the Board shall with all convenient speed cause all or so much of the building, wall, or other thing as shall be in a ruinous condition, and dangerous, to be taken down repaired, rebuilt, or otherwise secured in such manner as shall be requisite; and all the ex

penses of putting up every such fence, and of taking down, How if repairing, rebuilding, or securing such building, wall, or other owner, etc., thing, shall be paid by the owner thereof. neglect to repair. With regard to the recovery of such expenses, the following Recovery of may be cited under the Metropolitan Building Act (18 & 19 expenses. Vict. c. 122, s. 73): all expenses incurred by the commissioners of police thereunder, in respect of any dangerous structure, shall be paid by the owner, and being recoverable in a summary manner, may, by sect. 103 of that Act, be recovered in manner directed by the 11 & 12 Vict. c. 43. In January, 1857, the commissioners took down a dangerous structure, and on the 30th April, 1858, gave the owner notice of the expenses, and demanded payment; the same not being paid on the 11th May, a complaint was made to a police magistrate for the nonpayment of the expenses; and on a case stated, it was held that the matter of complaint was the non-payment of the expenses, and therefore the six months limited by the 11 & 12 Vict. c. 43, s. 11, ran from the time of the demand and refusal to pay, and not from the completion of the works of demolition; and therefore that the complaint was in time. (1)

In another case under the same statute, in proceedings for the recovery of the expenses attending the removal of a dangerous structure, it was held with reference to sect. 73, that the magistrate must consider the validity of the order for the removal of the structure; and that he rightly decided that it ought to show upon the face of it a summons to answer the complaint upon which the order was issued, and an adjudication that the complaint was true. (2)

to be levied

If the owner can be found within the limits of the district, The expenses and if, on demand of the expenses, he neglect or refuse to pay the same, then such expenses may be levied by distress, and by distress on any justice may issue his warrant accordingly.

the owner.
10 & 11 Vict.

pensation.

If, on the other hand, the owner cannot be found within the c. 34, s. 76. limits of the district, or sufficient distress of his goods and If owner chattels within the district cannot be made, the Board, after cannot be found, Board giving twenty-eight days' notice of their intention to do so, may take the by posting a printed or written notice in a conspicuous place house or on the building, or on the land whereon the building stood, ground, may take such building or land, provided that such expenses making combe not paid or tendered to them within the twenty-eight days, 10 & 11 Vict. making compensation to the owner of the building or land in c. 34, s. 77. the manner provided by the Lands Clauses Consolidation Act, 1845, in the case of lands taken otherwise than with the consent of the owners and occupiers, and the Board shall be entitled to deduct out of such compensation the amount of the expenses aforesaid, and may thereupon sell or otherwise dispose of the building or land for the purposes of the Act.

(1) Labalmondiere, app., Addison, resp., 28 L. J. M. C. 25; 5 Jur. (N. S.) 431.

(2) Labalmondiere v. Frost, 5 Jur. (N. s.) 789.

Board may sell the materials, restoring to the owner

the overplus arising from the sale.

10 & 12 Vict. c. 34, s. 78.

Bars on streets.

21 & 22 Vict. c. 98, s. 45. 10 & 11 Vict.

c. 34, s. 79.

Hoards

IO & II Vict. c. 34, s. 80,

Penalties.
Ib. s. 81.

Evidence. Ib.

Dangerous places.

Ib. s. 83.

If any such house or building, or any part of the same, be pulled down by virtue of the powers aforesaid, the Board may sell the materials thereof, or so much of the same as shall be pulled down, and apply the proceeds of the sale in payment of the expenses incurred in respect of such house or building; and the Board shall restore any overplus arising from such sale to the owner of the house or building, on demand; nevertheless, the Board, although they sell such materials, shall have the same remedies for compelling the payment of so much of the expenses as may remain due after the application of the proceeds of such sale as are given to them for compelling the payment of the whole of the expenses.

§ 3. PRECAUTIONS TO BE TAKEN DURING REpairs, etc.

During the construction or repair of streets, sewers, or drains, the Local Board are to shore up and protect adjoining houses, and place bars or chains across the streets, to be lighted and guarded at night, so as to prevent accidents; and any one taking down such bars or chains, or extinguishing the lights without authority, is liable to a penalty not exceeding £5. When buildings are to be erected or taken down, or alterations or repairs to be made where any street or footway will be obstructed, hoards or places are to be put up with a convenient platform and hand-rail, if practicable, and lighted at night; and persons failing in this respect, or who do not remove the same when required by the Board, are liable to a penalty not exceeding £5, and a further penalty not exceeding 40s. for every day of default. They are subject to like penalties for not lighting at night deposits of building materials or excavations, and for not properly fencing the same, as well as for allowing them to remain for an unnecessary time; the proof that the time has not exceeded the necessary time is to be upon the person causing the obstruction. Dangerous places near any street are to be repaired or inclosed by the Board, and the expenses to be recovered from the owner of the premises as damages.

231

CHAPTER IX.

WATER SUPPLY.

etc.
II & 12 Vict.

THE Local Board may provide their district with such a supply Local Board of water as may be proper and sufficient for the purposes of the to provide Public Health Act, and for private use to the extent required sufficient supplies of by the Act. For any or all of those purposes they may contract water, and with any person, or purchase, take upon lease, hire, construct may erect lay down, maintain such waterworks, and do and execute all waterworks, such works as shall be necessary and proper. The waterworks here referred to may be either streams, c. 63, s. 75. springs, wells, pumps, reservoirs, cisterns, tanks, aqueducts, Waterworks cuts, sluices, mains, pipes, culverts, engines, and all machinery, defined. lands, buildings, and things for supplying or used for supplying water, also the stock in trade of any waterworks company. The expression "waterworks company" means any corporation, person, or company of persons supplying, or who may hereafter supply water for their own profit.

Ib. s. 2.

has made

water.

29 & 30 Vict. c. 90, s. 49.

Where complaint is made to the Local Government Board that How where a Local Board of Health has made default in providing its dis- Local Board trict with a supply of water in cases where danger arises to the default in health of the inhabitants from the insufficiency or unwholesome- providing ness of the existing supply of water, and a proper supply can be sufficient got at a reasonable cost, the Local Government Board, if satisfied supply of after due inquiry made by them that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance of its duty in the matter of such complaint. If such duty is not performed by the time limited in the order, the Local Government Board shall appoint some person to perform the same, and shall by order direct that the expenses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the authority in default. Any order made for the payment of such costs and expenses may be removed into the Court of Queen's Bench, and be enforced in the same manner as if the same were an order of such Court.

The costs of this proceeding on the part of the Local Government Board are provided for as will be seen, ante, p. 92. By a subsequent Act the Local Government Board may,

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