Cockburn, C. J., in Crofts v. Haldane, L. R. 2 Q. B., at p. 198. Making good damage.-A building owner who fails within a reasonable time to make good any damage he has done to the property of the adjoining owner in exercising his rights, or to do anything upon condition of doing which his rights arise, under the above section is liable to a penalty not exceeding 20., and to a daily penalty not exceeding such amount under sect. 200 (5), post, p. 286. Existing walls not in conformity with Act.-See sect. 208, post, p. 299. 57 & 58 Vict. c. ccxiii. s. 88. 88. The building owner shall have the following Rights of rights in relation to party structures (that is to say): building (1) A right to make good underpin or repair any owner. party structure which is defective or out of repair: (2) A right to pull down and rebuild any party struc ture which is so far defective or out of repair as to make it necessary or desirable to pull it down: (3) A right to pull down any timber or other partition which divides any buildings and is not conformable with the regulations of this Act and to build instead a party wall conformable thereto : (4) In the case of buildings having rooms or storeys the property of different owners intermixed a right to pull down such of the said rooms or storeys or any part thereof as are not built in conformity with this Act and to rebuild the same in conformity with this Act: (5) In the case of buildings connected by arches or communications over public ways or over passages belonging to other persons a right to pull down such of the said buildings arches or communications or such parts thereof as are not built in conformity with this Act and to rebuild the same in conformity with this Act. (6) A right to raise and underpin any party structure permitted by this Act to be raised or underpinned or any external wall built against such party structure upon condition of making good all damage occasioned thereby to the adjoining premises or to the internal finishings and decorations thereof and of carrying up to the requisite height all flues and chimney stacks belonging to the adjoining owner on or against such party structure or external wall: 57 & 58 Vict. c. ccxiii. s. 88. (7) A right to pull down any party structure which is (8) A right to cut into any party structure upon con- (11) A right to perform any other necessary works. (12) A right to raise a party fence wall or to pull the same down and rebuild it as a party wall. 'Building owner.'-This expression is defined by sect. 5. (subsect. 31), ante, p. 34. The section purports to define the rights of a building owner in relation to party structures.' But it is obvious that it is intended to do more than this, for the building owner is. given a right to interfere with an external wall (subsect. 9),. с. ссхііі. with such parts of any wall or building of an adjoining owner 57 & 58 Vict. as may overhang his ground (subsect. 10), and with a party fence wall (subsect. 11). 'Party structure.'-The expression includes a party wall and also a partition, floor, or other structure separating vertically or horizontally buildings, storeys, or rooms approached by distinct staircases or separate entrances from without. Sect. 5, subsect. (20), ante, p. 21. As to when a wall is to be deemed a party wall, see sect. 58, ante, p. 121. Rights of building owner. These rights can only be exercised in accordance with the rules contained in sect. 90, post, and the Act does not authorise any interference with an easement of light, or any other easement in or relating to a party wall; see sect. 101, post, p. 190. A building owner may enter any premises for the purpose of doing work to a party structure (see sect. 92, post, p. 182, and note thereto), and any person hindering or obstructing him is liable to a penalty under sect. 200 (4), post, p. 285. A building owner who is liable under this part of the Act to make good any damage which he may occasion to the adjoining owner's, or adjoining occupier's, property by any works authorised to be executed by the building owner, or to do any other thing upon condition of doing which his right to execute such works is declared by such Part to arise, and fails within a reasonable time to make good such damage, or to do such thing, is liable to a penalty under sect. 200 (5), post, p. 286. Before exercising any rights conferred upon him by this section, the building owner is required by sect. 90, post, p. 173, to serve a notice on the adjoining owner of the intended work ; and if any difference arises as to the right of the building owner to do the works proposed, or otherwise in respect of such notice, such difference will have to be settled in the manner provided by sect. 91 before the work is proceeded with. See also sect. 90, as to the precautions to be taken by the building owner during the exercise of any rights conferred by the Act, and as to the rights of the adjoining owner with regard to the service on the building owner of a counter notice in respect of works required by him to be executed by the building owner. Making good a party structure.-The expense of this work is to be borne jointly by the building and adjoining owners in due proportion; see sect. 95 (1 a), post, p. 185. Rebuilding party structure. The expense will also be borne jointly, see sect. 95 (1 b), except where the structure is pulled down, under subsect. 7 of the above section, for the purpose of being rebuilt of greater strength, in which case the expense of such rebuilding is to be borne by the building owner alone; see sect. 95 (2 b), post, p. 186. Partitions. As to the construction of partitions between a part of a building used for trade or manufacture and a part used as a dwelling-house, see sect. 74, ante, p. 144; and as to the construction of wall generally, see sched. 1, post. s. 88. 57 & 58, Vict. The expense of substituting a party wall for a timber partition is an expense to be divided between the building and the adjoining owner under sect. 95 (1 c), post, p. 185. As to buildings which are to be deemed to be in conformity with the provisions of the Act, see subsect. (11) of the above section. Intermixed rooms or storeys.-A building owner being by virtue of sect. 5 (31), ante, p. 34, such one of the owners of buildings, storeys, or rooms, separated from one another by a party wall or a party structure, as does, or is desirous of doing, a work affecting that party wall or party structure. Sect. 88 (4) does not give a right to interfere with a room or storey not separated from another building by a party structure. As to buildings which are to be deemed to be in conformity with the Act, see subsect. (11). The expense of pulling down and rebuilding party structures, separated by intermixed rooms or storeys, is to be borne jointly by the building and adjoining owners; see sect. 95 (1 d). Party arches.-The expression 'party arch' is defined by sect. 5 (19), ante, p. 21. For the rules regulating the construction of party arches over and under public ways, see sects. 71 and 72, ante, pp. 139 and 140. The expense of rebuilding such arches is to be borne jointly by the building and adjoining owners; see sect. 95 (1 e), post, p. 186. See Instructional Letter of November 6, 1862, to District Surveyors, relating to buildings to which the rules of the Act are inapplicable, in Appendix IV., Part II., post. Raising, &c., party structures and external walls.-The right to raise does not permit such raising as would interfere with any easement of light; see sect. 101, post, p. 190; and the height of buildings is limited by sects. 47 to 51, ante, pp. IIo to 114. The building owner and the adjoining owner being tenants in common, neither has a right to build on the party wall so as to oust the other, Stedman v. Smith, 8 E. & B. 1, and Watson v. Gray, 14 Ch. D. 192; 49 L. J. Ch. 243; 42 L. T. (N.S.) 295, and see notes to sect. 5 (16), ante, p. 17. A wall may be raised by putting something on the bottom, per Jessel, M.R., Standard Bank of British South Africa v. Stokes, ante, p. 18. Failure to make good damage occasioned to the adjoining premises, in executing works under subsect. 6 of sect. 88, within a reasonable time, is an offence against the Act, for which a penalty is imposed by sect. 200 (5), post, p. 286. External wall is defined by sect. 5 (15), ante, p. 17. Expenses incurred in raising or underpinning a party structure or external wall built against a party structure are to be borne by the building owner alone; see sect. 95 (2 a), post, p. 186. The construction of chimneys and flues is regulated by sect. 64, ante, p. 126, Cutting into party structures.-Rules as to the making of recesses and openings in party walls, which are included in the expression 'party structure' by sect. 5 (20), ante, p. 21, are contained in sect. 54, ante, p. 117, and the making of chases in party walls is regulated by sect. 60, ante, p. 123. The expense of cutting into a party structure and of making good any damage occasioned to the adjoining premises thereby is to be borne by the building owner; see sect. 95 (2 c), post. Cutting away footings, &c.-Under sect. 87, ante, p. 163, the district surveyor is empowered to allow an external wall to be built against another external or party wall without footings on the side next to such other wall. A chimney breast or shaft built with or in a party wall is not to be cut away unless the district surveyor certifies that it can be done without injuring the stability of the building; see sect. 64 (19), ante, p. 128. The expense of cutting away any footing, chimney breast, &c., is to be borne by the building owner; see sect. 95 (2 d), post. Overhanging walls, &c.-The right to cut away or take down such walls would appear to be given irrespective of whether or not the adjoining owner has acquired a prescriptive right to have his walls &c. overhanging, the damage to be made good being obviously confined to structural damage; see Cockburn, C. J., in Crofts v. Haldane, L. R. 2 Q. B., at p. 198. The building owner exercising a right conferred upon him by subsect. 10 of the above section will not be entitled to any contribution by the adjoining owner towards the re-erection of the overhanging wall or building unless the wall or portion of building cut away or taken down was a party structure in so defective a condition or in such want of repair as to make it necessary or desirable to cut it away or take it down, in which case the expense of rebuilding would have to be borne by the building owner and adjoining owner in due proportion, under sect. 95 (1 b), post, p. 185. Incidental works.-When notice is served by a building owner requiring works to be done incidental to the connection of a party structure with his premises, the question whether such works are necessarily incidental will, in case of a difference arising between the building and the adjoining owner with regard thereto, be settled in the mode provided by sect. 91, post, p. 177. The 'commencement' of an Act, by the Interpretation Act, 1889, 52 & 53 Vict. c. 63, sect. 36 (1), means the time when such Act comes into operation. The present Act, by sect. 3, ante, p. 3, came into operation on January 1, 1895; and by the Interpretation Act, 1889, sect. 36 (2), where an Act is expressed to come into operation on a particular day it is to be construed as coming into operation immediately on the expiration of the previous day. The qualification to subsect. 11 of sect. 88 of the present Act therefore relates to all buildings erected previously to January 1, 1895. With regard to the provisions of the Acts of Parliament regulating buildings in |