The Building Act, 1884 within or nearest to such municipality, or any of such companies as aforesaid, or in default of such last appointment being made as aforesaid within seven days after the appointment of a surveyor by the Director of Public Works, the third surveyor or architect shall be appointed by the council; and if such surveyors and architects shall unanimously report that it is desirable for the public safety that such public or other place, or any part thereof, shall be brought under the operation of the next following three sections, the Governor, at the instance of the council, and on the application of three or more ratepayers, being owners or occupiers of land or property assessed at a sum exceeding Twenty pounds per annum in any such public or other place, may, with the advice of the Executive Council, declare such public or other place, or any part thereof, by a Proclamation in the 'Government Gazette,' to be and the same shall thereupon become subject to the provisions of the next following three sections. 27. When any building within any municipality shall be constructed wholly, or the external walls thereof shall be constructed wholly or partially of wood, thatch, canvas, or other inflammable material, and the said building shall either internally or externally be in such a state as to be liable to immediate ignition in the event of contact with fire, the council may cause immediate notice to be given, under the hand of the mayor or town clerk, to the owner or occupier of such building that such building is dangerous by reason of its liability to ignite, and requiring such building, or the portion specified in such notice as dangerous, to be removed within such time as the council shall in such notice specify. 28. Within one month after any such notice shall have been given, or within such further time as the arbitrators or their umpire, or the arbitrator proceeding alone, hereinafter mentioned, may, by any writing under their or his hand, appoint, the amount of compensation for the injury to be occasioned to the owner or occupier by such removal shall be ascertained by a reference to arbitration unless such amount shall be previously agreed upon. One arbitrator shall be appointed by the council and one by the owner or occupier or his authorised agent; and the arbitrators so appointed shall, before entering upon the reference, appoint an umpire, who shall inquire with the arbitrators into the matters referred, and the award of any two of such arbitrators and umpire shall be final. In the event of either party neglecting or refusing to appoint an arbitrator within seven days after being thereunto required, or if either arbitrator after appointment shall refuse or neglect to proceed with, or shall in any way hinder the reference, the other arbitrator may proceed alone, and his award shall be final and conclusive between the parties. 29. In default of compliance with the notice and requisition directed to be given by section 27, any two or more Justices, on the complaint of the town clerk or surveyor, and on proof of the service of such notice and requisition, may order the immediate removal by the surveyor, or other persons appointed by the council, of the building or portion specified in such notice, and the same shall be removed accordingly; and after such removal the parties entitled shall be paid by the council, out of the general revenue of the municipality, the compensation ascertained as aforesaid, together with the costs of the inquiry, if awarded, The Building Act, 1884 and, if necessary, they may recover the amount thereof from the municipality by action. 30. It shall be lawful for the Director of Public Works and for the surveyor and for any person authorised in writing by either of them in that behalf to enter and inspect, at all reasonable times, all houses, buildings, and premises which are subject to this Act and as to which any duty is by this Act imposed upon them or either of them, and if any person refuses to admit them or either of them to any such house, building, or premises, or impedes or obstructs them or either of them in the exercise of his or their duty, such person shall incur a penalty not exceeding Ten pounds, recoverable as aforesaid. 31. The council may cause to be painted or coloured, or may affix upon the walls of any house, building, or premises, within the municipality, any board or plate, legibly showing thereon the name of any street or place, or such notice as may be conducive to the public convenience, or may affix on such house, building, or premises any letters in wood, iron, or other material by which such names of streets or notice may be expressed so as to be clearly legible. 32. The council may assign a number to each house in every public street or place within the municipality, and may from time to time, whenever they may deem it expedient, assign any other number to such house in lieu of the previously assigned number; and the occupier of every such house is hereby required to paint or affix every such number upon the door of such house within fourteen days after notice to that effect, signed by the town clerk or surveyor, shall have been served on such occupier. 33. The council may fix the places at which crossing places for vehicles and animals from any public street to private residences, or other premises on either side of the said street, shall be made over any footway, and may make such by-laws or regulations with regard to the repairing and keeping in repair of such crossing places by the owners or occupiers of such residences or other premises as to the council may seem fit. 34. If any person shall be desirous of having any footway abutting on rateable property belonging to or occupied by him made, paved, or kerbed, he shall apply to the council, in writing, signifying such his desire, and the council may thereupon pave or make such footway, or put a kerb to the footway, with such materials as they may deem best, and may charge, take, and recover such portion of the cost of such work as they may deem fair and just from the applicant desiring such work to be done, and may order payment thereof under the hand of the mayor or town clerk. Director of Pub- Surveyor may Council may paint or affix on any house names of streets Council may assign a number to each house Crossing places from public streets over foot ways to be regulated by Council Footways may be paved at request occupier of owner or 35. Every person who intends to lay out or make any new street in Notice of laying any municipality shall give written notice of such intention to the out new streets council, in order that the levels of such street may be fixed by the said council. 36. The levels of every new street shall be fixed under the direction Levels, how of the surveyor, and the levels so fixed shall be kept thereafter by fixed every person raising any house or other building in such street. 37. No person shall hereafter make or lay out any new street width of private unless the same, being a carriage road, be at least thirty feet wide, or, streets Penalties and proceedings upon non-compliance with provisions of the three pre ceding sections Chimneys of manufactories and used so as not to be a nuisance The Building Act, 1884 not being a carriage road, be at least twenty feet wide, and no person shall erect or cause to be erected for human habitation, or use or allow, suffer or permit, to be used for human habitation, any building or erection fronting or abutting on any such street as aforesaid being a carriage road of less than thirty feet in width, or on any street not being a carriage road of less than twenty feet in width. 38. Every person who shall do any act contrary to, or who shall omit or neglect to do any act required to be done by, any of the three next preceding sections shall incur a penalty not exceeding Twenty pounds for every such offence, recoverable summarily as hereinafter provided for; and if any person shall not keep the levels so fixed as aforesaid, or shall lay out any street, or build or cause to be built any building, contrary to any of the provisions of the said sections, it shall be lawful for the council to give notice in writing under the hand of the mayor or town clerk to such person, requiring him forthwith to keep proper levels, or to remove such building; and upon failure of such person to comply with such requisition within one month after service of such notice, it shall be lawful for any two or more Justices of the Peace upon due proof of the service of such notice and of non-compliance therewith, by order in writing under their hands, to empower the council to pull down and remove such building, and to make proper levels, and to do all necessary works for carrying into effect the said provisions, at the expense of the owner of the premises in question; and all expenses incurred by the council in executing any of the works aforesaid shall be paid, upon the order of the council in writing under the hand of the mayor or town clerk, by the owner to the council. 39. Every chimney shaft of any mill, manufactory, or other to be constructed similar building shall be of such a height, and constructed in such a manner, and shall be so used as not to cause any nuisance or annoyance to the persons dwelling in the neighbourhood thereof and in accordance with the by-laws or regulations which may be made by the council in that behalf. Any occupier of any such mill, manufactory, or other building as aforesaid, offending against any of the provisions of this section, or of any of the said by-laws or regulations, shall be liable to a penalty not exceeding Twenty pounds for every such offence, recoverable as aforesaid. Power to councils 40. Every council of a municipality, subject to this Act or to any to make by-laws of its provisions, shall have power at all times to make, repeal, alter, or amend such by-laws or regulations as to the said council may seem fit for regulating the construction and erection of walls, parapets, flues and fireplaces, and the situation thereof in any buildings which may be hereafter taken down and rebuilt, or which may hereafter be built or erected in the municipality, and for removing any wall, parapet, flue or fireplace constructed or erected contrary to any such by-law, and generally for the carrying out of this Act or of any of the provisions thereof as aforesaid, and to impose a penalty for the breach of any of the said by-laws; provided that such penalty shall not exceed Twenty pounds. Such by-laws or amendments or alterations thereof shall be submitted to the Governor; and if they shall be approved by the Governor in Executive Council, they shall be published in the Government Gazette,' and they shall thenceforth be of the The Building Act, 1884 same force and validity as if they were enacted in this Act, and a copy of the Government Gazette,' purporting to be printed by the Government Printer, and containing any such by-laws as aforesaid, shall be received in all courts and in all places as evidence of the same. upon 41. Whenever any notice or order is required to be served any person under this Act, such service may be effected by delivery of the notice or order to the person to whom it is directed, or by delivering it at his dwelling house or place of usual business, or by posting it to such person addressed to him at his dwelling house or place of usual business, and evidence of such delivery or posting shall be evidence of the due service of such notice or order. 42. All penalties under this Act, and all orders for the payment of money or otherwise may be enforced and recovered summarily before any two or more Justices of the Peace in Petty Sessions, according to the provisions of the Acts in that behalf; and sections A, C, F, G, H, and I of the Shortening Ordinance shall be incorporated with and taken to form a part of this Act to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. Provided that any person who shall think himself aggrieved by any order made under this Act for the payment by such person of any sum exceeding Five pounds or by the infliction of any penalty exceeding Five pounds, or of any term of imprisonment, shall have the right of appeal mentioned in section I aforesaid. 43. All penalties and other sums of money recovered summarily or otherwise under this Act, or under any of the by-laws made under the provisions of this Act, shall be paid to the council of the municipality, and shall become the property and part of the ordinary income of the municipality. 44. All houses and buildings the property of, or occupied by, or under the control or management of, Her Majesty's Government or any department thereof, shall be exempt from the operation of this Act. F. NAPIER BROOME, Penalties and recovered under the Act to be the council other moneys the property of Act not to apply buildings to Government GOVERNOR. WESTERN AUSTRALIA ANNO QUADRAGESIMO OCTAVO, VICTORIÆ REGINÆ No. 16 An Act to amend The Cattle Trespass, Fencing, and WE it [Assented to 13th September, 1884. THEREAS it is expedient to amend The Cattle Trespass, Preamble Fencing, and Impounding Act, 1882' (hereinafter called the principal Act): Be it enacted by His Excellency the Governor of Repeal of s. 14 of 46 Vic., No. 7 Reservation of rights of Crown Cattle Trespass, Fencing, and Impounding Act-Amendment Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. Section 14 of the principal Act shall be and is hereby repealed. 2. Nothing in the principal Act contained shall in any way affect the rights, powers, or privileges given, granted, or reserved to Her Majesty or her subjects in and by any Ordinance, law, or deed. F. NAPIER BROOME, GOVERNOR. WESTERN AUSTRALIA ANNO QUADRAGESIMO OCTAVO VICTORIÆ REGINE No. 17 An Act to vest certain lands belonging to the Albany WE HEREAS by a certain Deed Poll or Grant from the Crown, duly executed, and bearing date the Twenty-first day of December One Thousand Eight Hundred and Sixty-nine, His Excellency Frederick Aloysius Weld, the then Governor of Western Australia, did give and grant unto Henry Camfield, George Edward Egerton Warburton, and the Reverend Alexander Kyle Macsorley, and to their heirs and assigns for ever, a certain piece of land in the town of Albany aforesaid, called and known as Albany Town Lot No. 187; And whereas such land was so granted to them as Trustees for the Albany Mechanics' Institute, and the building known as the Albany Mechanics' Institute has since been erected thereon; And whereas Henry Camfield, one of the said Trustees, is long since dead, and Alexander Kyle Macsorley, another of said Trustees, has since left the said Colony, and the said George Edward Egerton Warburton is desirous of being relieved of said Trusteeship; And whereas the members of the said Institute have duly passed certain rules and regulations for the conduct and government of the same, and under and by virtue of such rules and regulations Cecil Rogers, surgeon, George Hopkins Broomhall, district postmaster, and Frank Rawlings Dymes, barrister-at-law, all of Albany aforesaid, have been appointed Trustees of the said Institute, in place of the said Alexander Kyle Macsorley and George Edward Egerton Warburton, and it is desirable that the said land, hereditaments, and premises should be vested in the said Cecil Rogers, George Hopkins Broomhall, and Frank Rawlings Dymes as such Trustees as aforesaid, and that the Trustees of the said Institute should be empowered to raise money for the purposes hereafter mentioned by mortgage of the said land, hereditaments, and premises : |