Fees part of expenses.

23. All fees prescribed to be paid in respect of any dilapidated or neglected building shall be deemed to be expenses incurred by the Board, and shall be recoverable as such.

Provision for enforcing repayment of expenses incurred by Board.

24. (1.) When the Board has incurred any costs or expenses in respect of any dangerous or neglected building, and has not been paid or has not recovered the same, any two justices, on complaint by the Board, may make an order fixing the amount of such costs and expenses and the cost of the proceedings before them, and declaring the amount already paid or recovered (if any), and directing that no part of the land upon which such dangerous or neglected building stands or stood shall be built upon, and that no part of such dangerous or neglected building, if repaired or rebuilt, shall be let for occupation, until after payment to the Board of the said amount of the balance thereof, as the case may be; and thereupon and until payment to the Board of the said amount or balance no part of such land shall be built upon, and no part of such dangerous or neglected building so repaired or rebuilt shall be let for occupation.

(2.) Every such order shall be made in duplicate; and one copy of such order shall be retained by the clerk of petty sessions and the other copy shall be kept at the office of the Board.

(3.) The Board shall keep a register of all orders made under the provisions of this regulation, and shall keep the same open to inspection. No property shall he affected by any such order unless and until such order is entered in such register, and any such order not entered in such register within ten days after the making thereof shall cease to he of any force.

When Board may demolish buildings and sell materials and recover expenses. 25. (1.) When any person has been convicted of an offence against any of the provisions of these regulations by constructing, erecting, adapting, extending, raising, altering, uniting, or separating any building, or any part of any building, in contravention of any provisions of these regulations, the Board may, after giving fourteen days' notice to such person to bring such building into conformity with the said provisions, and after default has been made in complying with such notice. and notwithstanding the imposition and recovery of any penalty, cause complaint thereof to be made before two justices.

(2.) Upon the hearing of such complaint, the justices may make an order authorising the Board to enter upon such building with a sufficient number of workmen, and to demolish or alter such building or any part thereof, so far as the same has been adjudged to be in contravention of these regulations, and to do whatever other acts may be necessary for such purpose, and to remove the materials to some convenient place, and, if the Board thinks fit, sell the same in such manner as they think fit.

(3.) All expenses incurred by the Board in demolishing or altering such building or any part thereof, and in doing such other acts as aforesaid, together with all costs, or the balance of such expenses and costs, after deducting the proreeds of sale of the aforesaid materials, if the Board think fit to sell the same, may be recovered from the person committing the offence.

(4.) If the proceeds of such sale are more than sufficient to defray such expenses and costs, the Board shall pay the surplus of such proceeds, after deducting the amount of all such expenses and costs, and also the amount of all rates then due by the owner of the building, to the owner of the building on demand.

Payment of surplus of proceeds into Treasury.

26. When by any provision of these regulations any surplus of the proceeds of the sale of any buildings or materials is made payable to any owner thereof and no demand is made by any person entitled thereto within one year after the receipt

receipt of the proceeds by the Board, then the same shall be paid into the Treasury, and shall be subject to the control of the Colonial Treasurer, and to be paid out to the owner on his proving his title thereto.

Removal of roof not to affect proceedings.

27. Proceedings with respect to a building shall not be affected by the removal or falling in of a roof or covering of such building, or by the fact that such building has not been completed.

Inflammatory buildings in public or other places rendered liable to removal.

28. (1.) If it is deemed by the Board to be expedient for the public safety, with a view to the prevention of fire, that any public or other place within any district shall be brought under the operation of the next following three regulations in order to remove all or any buildings therein, the external walls of which shall be wholly or partially of wood, or the coverings of the roofs of which shall be wholly or partially of thatch, canvas, or other inflammable material, the Board may, either separately or in conjunction with any insurance companies or other persons, cause any such public or other place to be surveyed by three competent surveyors or architects, of whom the surveyor to the Board shall be one, another of whom shall be nominated by the Minister, and the third by the fire insurance companies effecting insurance within such district, or any of such companies, or in default of such last appointment being made within seven days after the appointment of a surveyor by the Minister, the third surveyor or architect shall be appointed by the Board.

(2.) If such surveyors or 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 regulations, the Governor, at the instance of the Board, and on the application of three or more ratepayers, being owners or occupiers of land in any such public or other place, may declare such public or other place, or any part thereof, by notice in the "Government Gazette," to be and the same shall thereupon become subject to the provisions of the next following three regulations.

Inflammatory buildings may be ordered to be removed.

29. When any building within any district is 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 Board may cause immediate notice to be given, under the hand of the chairman or secretary, 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 Board shall in such notice specify.

Compensation to be ascertained by arbitration.

30. (1.) 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, as 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 removai shall be ascertained by a reference to arbitration unless such amount shall be previously agreed upon.

(2.) One arbitrator shall be appointed by the Board 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.

(3.) 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,

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.

Justices may, in default of compliance with notice, order removal.

31. (1.) In default of compliance with the notice and requisition given under regulation twenty-nine, any two or more justices, on the complaint of the Board, its secretary 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 Board, of the building or portion specified in such notice, and same shall be removed accordingly.

(2.) After such removal the parties entitled shall be paid by the Board, out of the ordinary revenue of the Board, the compensation ascertained as aforesaid, together with the costs of the inquiry, if awarded, and, if necessary, they may recover the amount thereof from the Board by action.

Buildings may be entered and inspected.

32. It shall be lawful for the Board or its surveyor and for any person authorised in writing by the Board or its surveyor, to enter and inspect, at all reasonable times, all houses, buildings, and premises, which are subject to these regulations, and as to which any duty is thereby imposed upon, or power vested in, 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 be liable to a penalty not exceeding ten pounds.

Notices, etc., to be served.

33. A copy of every notice, complaint, or order under regulations nineteen to thirty-one (both inclusive) shall be served upon every person in Western Australia who, from the registers of the Office of Titles, the Registry of Deeds, or the office of the Department of Lands and Surveys, or the Department of Mines, appears to have any estate or interest in the lands.

Appeal.

34. Any builder, owner, or other person feeling aggrieved by any refusal to sauction, or any notice or order of the Board under these regulations, may appeal therefrom to the Supreme Court or the Local Court held nearest to the office of the Board district by motion on notice duly given, or may bring an action at law against the Board in respect of any refusal to sanction, or notice or order of the said Board, and the usual incidents of litigation shall apply to such motion or action.

Fees.

35. Subject to the approval of the Governor, the Board shall have power to frame a scale of fees to be paid by any owner or builder to the Board in respect of all buildings to be erected or altered, or of any order, license, matter, or thing required or permitted by these regulations.

36.

By-laws.

(1.) The Board may make by-laws with respect to the following matters that is to say) :

:

(a) Regulating the plan and levels of sites for, and the foundations and
sites of buildings.

(b) The mode in which and the materials with which such foundations
and sites are to be made, excavated, filled up, prepared, and com-
pleted.

(c) The thickness and height and the description and quality of the sub-
stance of which walls and party walls may be constructed.

The construction and erection, size, and position of parapets, flues,
and fireplaces in any building.

(e)

4

district.

(e) The height, size, and dimensions, and the lighting and ventilation of all rooms or parts of a building.

(f) The removal of any wall, party wall, parapet, flue, or fireplace erected or constructed contrary to any by-law.

(g) Requiring the deposit with and approval of the surveyor of the plans
and specifications of all buildings, or alterations therein, before
such construction or alteration is commenced.

(h) The construction and protection of staircases and lift wells.
(1) The method of draining yards and buildings, and the junction or con-
nection of drains with other drains or sewers.

(j) Generally for the carrying out of these regulations.

(2.) Such by-laws may be made to apply to the whole or any part of the

(3.) Any by-law may impose a penalty or maximum and minimum penalties for any breach thereof, but no such maximum penalty shall exceed twenty pounds.

Regulations not to apply to Government buildings.

37. All houses and buildings the property of, or occupied by, or under the control or management of, His Majesty's Government or any department thereof, shall be exempt from the operation of these regulations.

Recovery of Expenses.

38. Any expenses or moneys payable to a Board hereunder or ordered by any Board to be paid to it hereunder may, wherever no method of recovering the same is prescribed, be recovered by the Board by complaint before two justices or in any court of competent jurisdiction.

By Authority: FRED. WM. SIMPSON, Government Printer, Perth.