ing twenty shillings for every day during which the room 57 & 58 Vict. continues to be so let or occupied.

c. ccxiii.

(3) The foregoing provisions shall at the expiration of six s. 70. months after the commencement of this Act extend to under- (54 & 55 Vict. ground rooms let or occupied separately as dwellings before c. 76, s. 97) the passing of this Act, except that the sanitary authority, either by general regulations providing for classes of underground rooms, or on the application of the owner of such room in any particular case, may dispense with or modify any of the said requisites which involve the structural alteration of the building, if they are of opinion that they can properly do so having due regard to the fitness of the room for human habitation, to the house accommodation in the district, and to the sanitary condition of the inhabitants and to other circumstances, but any requisite which was required before the passing of this Act shall not be so dispensed with or modified.

(4) The dispensations and modifications may be allowed. either absolutely or for a limited time, and may be revoked and varied by the sanitary authority, and shall be recorded together with the reasons in the minutes of the sanitary authority.

(5) If the owner of any room feels aggrieved by a dispensation or modification not being allowed as regards that room, he may appeal to the Local Government Board, and that Board may refuse the dispensation or modification, or allow it wholly or partly, as if they were the sanitary authority. Such allowance may be revoked or varied by the Board, but not by the sanitary authority.

(6) Where two or more underground rooms are occupied together and are not occupied in conjunction with any other room or rooms on any other floor of the same house, each of them shall be deemed to be separately occupied as a dwelling within the meaning of this section.

(7) Every underground room in which a person passes the night shall be deemed to be occupied as a dwelling within the meaning of this section; and evidence giving rise to a probable presumption that some person passes the night in an underground room shall be evidence, until the contrary is proved, that such has been the case.

(8) Where it is shown that any person uses an underground room as a sleeping-place, it shall, in any proceeding under this section, lie on the defendant to show that the room is not separately occupied as a dwelling.

(9) For the purpose of this section the expression 'underground room' includes any room of a house the surface of the floor of which room is more than three feet below the surface of the footway of the adjoining street, or of the ground adjoining or nearest to the room.

Sect. 97. Enforcement of provisions as to underground rooms. -(1) Any officer of a sanitary authority appointed or determined

57 & 58 Vict. c. ccxiii.

s. 70.

(54 & 55 Vict.

c. 76,
Ss. 98, 99)

by that authority for the purpose shall, without any fee or reward, report to the sanitary authority, at such times and in such manner as the sanitary authority may order, all cases in which underground rooms are occupied contrary to this Act in the district of such authority.

(2) Any such officer or any other person having reasonable grounds for believing that any underground room is occupied in contravention of this Act may enter and inspect the same at any hour by day; and if admission is refused to any person other than an officer of the sanitary authority the like warrant may be granted by a justice under this Act as in case of refusal to admit any such officer.

(3) A warrant of a justice authorising an entry into an underground room may authorise the entry between any hours specified in the warrant.

Sect. 98. Provision in case of two convictions for unlawfully occupying underground room.- Where two convictions for an offence relating to the occupation of an underground room as a dwelling have taken place within a period of three months (whether the persons convicted were or were not the same), a petty sessional court may direct the closing of the underground room for such period as the court may deem necessary, or may empower the sanitary authority of the district permanently to close the same, in such manner as they think fit, at their own cost.

Authorities for execution of Act.

Sect. 99. Definition of sanitary authority-18 & 19 Vict. C. 120- -48 & 49 Vict. c. 33-50 & 51 Vict. c. 17-(1) Subject to the provisions of this Act, the sanitary authority for the execution of this Act (in this Act referred to as 'the sanitary authority') shall be as follows; (namely)

(a) in the City of London the commissioners of sewers; and

(b) in each of the parishes mentioned in Schedule (A) to the Metropolis Management Act, 1855, as amended by the Metropolis Management Amendment Act, 1885, and the Metropolis Management (Battersea and Westminster) Act, 1887, other than Woolwich, the vestry of the parish; and

(c) in each of the districts mentioned in Schedule (B) to the same Act, as so amended, the district board for the district; and

(d) in the parish of Woolwich, the local board of health;

and

(e) in any place mentioned in Schedule (C) to the Metropolis Management Act, 1855, the board of guardians for such place or for any parish or poor law union of which it forms part, or, if there is no such board of guardians, the overseers of the poor for such place, or for the parish in which it is situate, and the said

guardians and overseers respectively shall have the 57 & 58 Vict.
same powers for the purposes of this Act as a vestry c. ccxiii.
or district board have under this Act, and their s. 71.
expenses shall be defrayed in the same manner as the
expenses of the execution of the Acts relating to the
relief of the poor are defrayed in the said place.

(2) The area within which this Act is executed by any sanitary authority is in this Act referred to as the district of that authority.

(3) The purposes for which a committee of a vestry or district board may be appointed under the Metropolis Management Act, 1855, and the Acts amending the same, shall include the purposes of this Act, and the provisions of those Acts with respect to committees shall apply accordingly.

(4) Where a sanitary authority appoint a committee for the purposes of this Act, that committee, subject to terms of their appointment, may serve and receive notices, take proceedings, and empower any officer of the authority to make complaints and take proceedings in their behalf, and otherwise to execute this Act.

(5) A sanitary authority may acquire and hold land for the purposes of their duties without any licence in mortmain.

Sect. 100. Power of County Council to prosecute on default of sanitary authority. The County Council, on it being proved to their satisfaction that any sanitary authority have made default in doing their duty under this Act with respect to the removal of any nuisance, the institution of any proceedings, or the enforcement of any bye-law, may institute any proceeding and do any act which the authority might have instituted or done for that purpose, and shall be entitled to recover from the sanitary authority in default all such expenses in and about the said proceeding or act as the County Council incur, and are not recovered from any other person, and have not been incurred in any unsuccessful proceeding.

Penalties. See the note under this heading to sect. 53, ante, p. 116. Penalties incurred under the Public Health (London) Act, 1891, are recoverable summarily under sect. 117 of that Act.

71. (1) Every party arch or party floor and every arch or floor over any public way or any passage leading through or under a building or part of a building to premises in other occupation shall be formed of brick stone or other incombustible materials.

(2) If an arch of brick or stone be used it shall be of the thickness of eight and a half inches at least and the centre of such arch shall be higher than the springing at the rate of one inch at least for every foot and also for any fractional part of a foot of span.

(3) If an arch or floor of other incombustible material

Rules as to party arches

over public

ways.

57 & 58 Vict. be used it shall be constructed in such manner as may be approved by the district surveyor.

c. ccxiii.

Ss. 72, 73.

Rules as to

'Party arch.'-This is defined by sect. 5 (19), ante, p. 21. This section is illustrated by the diagram on Pl. VI., App. V., post.

'Incombustible materials.'-See the note to sect. 61, ante, p. 124; and the Instr. Letter of October 31, 1864, in App. IV., post.

'Arches.'-Under the corresponding provision of the Metropolitan Building Act, 1855, sect. 24, arches of a span less than 9 ft. were allowed to be made of a thickness of 41⁄2 in. 'Penalties. See the note to sect. 53, ante, p. 116.

72. (1) Every arch or other construction under any arches under passage leading to premises in other occupation or under public ways. any public way or intended public way shall be formed of brick stone or other incombustible materials.

Rules as to projections.

(2) If an arch of brick or stone be used it shall(a) Where its span does not exceed ten feet be of the thickness of eight and a half inches at least;

(b) Where its span exceeds ten but does not exceed fifteen feet be of the thickness of thirteen inches at least; and

(c) Where its span exceeds fifteen feet be of such thickness as may be approved by the district surveyor.

(3) If an arch or other construction of other incombustible material be used it shall be constructed in such manner as may be approved by the district surveyor.

'Premises in other occupation.-The corresponding provisions of the Metropolitan Building Act, 1855, sect. 25, were confined to arches under public ways.

'Arches under public ways. With regard to the construction of arches and cellars under streets, see 18 & 19 Vict. c. 120, sects. 101 and 102, App. I., post, and the City of London Sewers Act, 11 & 12 Vict. c. clxiii., sect. 125, App. II., post. See also the definition of the term 'street' in 18 & 19 Vict. c. 120, sect. 250, post; and the illustration given by the diagram on Pl. VI., App. V., post.

'Incombustible materials.'-See note to sect. 61, ante, p. 124. 'Penalties.'-See the note to sect. 53, ante, p. 116.

73. The following provisions shall (except with the consent of the Council) apply to projections from buildings:

(1) Every coping cornice string-course facia windowdressing portico porch balcony verandah balustrade outside landing outside stairs and outside steps and architectural projection or decoration whatsoever and

s.

also the eaves barge-boards and cornices to any over- 57 & 58 Vict. hanging roof except the cornices and dressings to the c. ccxiii. window fronts of shops and except the eaves barge-boards S. 73. and cornices to detached and semi-detached dwellinghouses and to other dwelling-houses in which the party walls are corbelled out so as to project four inches beyond such eaves barge-boards or cornices shall be of brick tile stone artificial stone slate cement or other fire-proof material:

For the purpose of this sub-section a pair of semidetached houses shall be deemed to be one building:

(2) Every balcony cornice or other projection shall be tailed into the wall of the building and weighted or tied down to the satisfaction of the district surveyor and no cornice shall exceed in projection two feet six inches over the public way:

(3) In a street or way of a width not greater than thirty feet any shop front may project beyond the external wall of the building to which it belongs to any extent not exceeding five inches and any cornice of any such shop front may project to any extent not exceeding thirteen inches and in any street or way of a width greater than thirty feet any shop front may project to any extent not exceeding ten inches and any cornice of any such shop front may project to any extent not exceeding eighteen inches beyond the external wall of the building to which it belongs over the ground of the owner of the building provided that this provision shall not authorise in any such street the projection of any part of any such shop front other than the cornice on or over the public way or any land to be given up to the public way:

(4) No part of the woodwork of any shop front shall be fixed higher than twenty-five feet above the level of the pavement of the public footpath in front of the shop. No part of the woodwork of any shop front shall be fixed nearer than four inches to the centre of the party wall where the adjoining premises are separated by a party wall or nearer than four inches to the face of the wall of the adjoining premises where the adjoining premises have a separate wall unless a pier or corbel of stone brick or other incombustible material four inches wide at the least be placed as high as such woodwork and projecting throughout an inch at the least in front thereof between such woodwork and the centre of the party wall or the separate wall as the case may be: