c. ccxiii. 57 & 58 Vict. work was held to be liable to the adjoining owner for the consequences of negligently underpinning a party wall. And North, J., besides making an order for partition, granted in an action damages in respect of a trespass by a building owner on the land of an adjoining owner. Mayfair Property Company v. Johnston, ante, p. 165. S. 102. The building owner may not deprive the adjoining owner of any right of support which he may have from the party wall or structure, because if such right is, as according to Lord Selborne it is, an easement, Dalton v. Angus, 6 App. Ca. 740; 50 L. J. Q. B. 689; 44 L. T. (N.S.) 844; 30 W. R. 191 ; 46 J. P. 132, the section expressly states that such interference is not authorised by the Act; and if it is not an easement, because of the adjoining owner's right arising from the negative duty imposed by the common law on a man not to use his land so as to injure his neighbour's building. See Dodd v. Holme, 3 H. & M. 739; I A. & E. 493. Bower v. Peate, 1 Q. B. D. 321; 40 J. P. 789. Backhouse v. Bonomi, 9 H. L. C. 503. Hughes v. Percival, 8 App. Ca. 443; 52 L. J. Q B. 719; 47 J. P. 772; 49 L. T. (N.S.) 189. Meaning of 'structure.' PART IX. DANGEROUS AND NEGLECTED STRUCTURES. Dangerous Structures. 102. In this Part of this Act the expression structure' includes any building wall or other structure and anything affixed to or projecting from any building wall or other structure. 'Structure.'-The fact that it has been considered necessary for the purposes of this Part of the Act to so define the term 'structure as to include a building or a wall leads to the inference that where such term is used elsewhere in the Act, except in conjunction with the term 'party,' the expression 'party structure' being defined by sect. 5 (20), ante, p. 21, to mean inter alia a party wall, it does not include a building or a wall. Government buildings are excepted from the operation of the Act by sect. 202, post, p. 298, and so also are the buildings of the Inns of Court by sect. 204, post, p. 299, subject in each case to the provisions of sect. 205. Dangerous structure.-A structure may be dealt with as a dangerous structure if it is in fact dangerous; the jurisdiction of a magistrate does not depend upon its being a danger to the public, London County Council v. Herring (1894), 2 Q. B. 522; 10 R. 455; 65 L. J. M. C. 230. Provision is made for the erection of hoardings for the protection of the public during building operations by section 57 & 58 Vict. 121 of 18 & 19 Vict. c. 120, in App. I., post. c. ccxiii. 103. (1) Where it is made known to the Council Survey to that any structure is in a dangerous state the Council be made of shall require a survey of such structure to be made by dangerous the district surveyor or by some other competent surveyor. (2) For the purposes of this Part of this Act the expression 'district surveyor' shall be deemed to include any surveyor so appointed. (3) The district surveyor shall make known to the Council any information which he may receive with respect to any structure being in a dangerous state. (4) It shall be lawful for the district surveyor to enter into any structure or upon any land upon which any structure is situate for the purpose of making a survey of such structure. Survey. The district surveyor or the surveyor appointed by the Council to make a survey under this section will be entitled to the fees specified in Sch. 3, Part II., post, see sect. 113 (1), post, p. 202. Fees paid to the district surveyor by the Council will be recovered from the owner of the dangerous structure as expenses incurred by the Council in the matter of such structure, see ib. (3). Such expenses are recoverable under sect. 112, post, p. 202. Entry for purposes of survey.-Any person who refuses to permit the district surveyor to enter and survey a structure, or refuses or neglects to afford him all reasonable assistance in such inspection, is liable under sect. 200 (11 c), post, p. 289, to a penalty not exceeding forty shillings. Order to survey.-The Standing Orders of January 1, 1895, require that immediately information of a dangerous structure is received by the Council an order to survey is to be sent to the district surveyor in whose district the structure is situate. A district surveyor is not to certify (see sect. 105), unless required to do so, except in cases of imminent danger to life, not admitting of the least delay. See App. III., Pt. I., post. structures. 104. In cases where any such structure is situate Effect of within the City this Part of this Act relating to dangerous this Part of structures shall be read as if the Commissioners of Act within the City. Sewers were named therein instead of the Council and all costs and expenses of and all payments hereby directed to be made by or to such Commissioners shall be made by or to the Chamberlain of the City out of or to the consolidated rate made by such Commissioners in the same manner as payments are made by or to such Chamberlain in the ordinary course of his business. 57 & 58 Vict. c. ccxiii. Ss. 105, 106. Surveyor to give certificate. Notice to be given to owner in respect of certificate. 'Structure.'-This expression includes any building or wall and anything affixed to or projecting from any building or wall; see sect. 102, ante, p. 192. 'City.'-This expression means all parts at the date of the passing of the Act (i.e. August 25, 1894) within the jurisdiction of the Commissioners of Sewers; see sect. 5 (43), ante, p. 39. As to what district is within such jurisdiction, see the note to sect. 4, under the heading' London,' ante, p. 4. Commissioners of Sewers.'-By sect. 5 (46), ante, p. 39, this expression means the Commissioners of Sewers for the City of London. "Costs and expenses.'-The costs which will be payable by or to the Commissioners are those provided for by sect. 107 (4), post, and the expenses are those mentioned in sect. 109, post. Under sect. 113 (1), post, p. 202, the fees specified in Part II. of Schedule 3 of the Act are to be paid to the district surveyor in respect of his services in relation to any dangerous structure, and such fees are to be deemed to be expenses incurred by the Commissioners, and recoverable as such, see ib. (3). 105. Upon the completion of his survey the district surveyor employed shall certify to the Council his opinion as to the state of the structure. 'Certificate. The district surveyor is not to certify except in cases of danger to life, not admitting of the least delay. See Standing Orders of Jan. 1, 1895, App. III., Part I. post. 106. If the certificate is to the effect that the structure is not in a dangerous state no further proceedings shall be had in respect thereof but if it is to the effect that the same is in a dangerous state the Council may cause the same to be shored up or otherwise secured and a proper hoard or fence to be put up for the protection of passengers and shall cause notice to be served on the owner or occupier of the structure requiring him forthwith to take down secure or repair the same as the case requires. 'Structure.'-As to this term, see sect. 102, ante, p. 192. p. 25. Occupier.-A lodger is not included in the meaning of this expression; see sect. 5 (30), ante, p. 32. Protection of passengers.-Where a structure is dangerous, and is situate so near a highway as to be a danger to the passengers thereon, it is a nuisance at common law, and the occupier, being the person by whom such nuisance is continued, is liable to indictment for the nuisance; see Reg. v. Watson, 2 Ld. Raym. 856; s.c. Reg. v. Watts, 1 Salk. 356. The erection of the necessary hoarding and shoring, the reinstatement of 57 & 58 Vict. the pavement, and the recovery of the expenses, are provided for c. ccxiii. by the Standing Orders of 1st Jan. 1895; see Appendix III., Part I., post. Provision is also made by sects. 121 and 124 of 18 & 19 Vict. c. 120, in Appendix I., post, for the erection of hoardings, &c., for the protection of the public during building operations. Under sect. 32 of 53 & 54 Vict. c. ccxliii., see Appendix I., post, hoardings are required to be erected before the demolition of any building is commenced. Notice. This must, under sect. 187, post, p. 273, be in writing, and will be sufficiently authenticated if signed by the Council's Clerk, ib. Compliance with the notice is enforceable under sect. 107, post. The notice will be in the terms of the certificate. With the notice a warning is to be sent that any delay in complying with the requirements of the notice will involve the owner in increased expense. If shoring or hoarding is required, the owner is to be afforded an opportunity for executing the work when it can be done without risk of accident. In urgent cases, or on the owner's neglect, the Council will carry out the necessary work. See Standing Orders of 1st of Jan. 1895, App. III., Part I., post. Service of notices.--This is provided for by sect. 188, post, p. 274. It will be seen that the present section enables the service of the notice upon either the owner or the occupier, and by subsect. 3 of sect. 188, post, the notice will be sufficiently addressed if it is addressed to the 'owner' or 'occupier' of the premises (naming such premises) without further name or description. Where no person is to be found on the premises, the notice may be served by affixing it on some conspicuous part of the structure to which it relates, ib. (1) s. 107. with notice. 107. (1) If the owner or occupier on whom the Proceedings notice is served fail to comply as speedily as the nature to enforce of the case permits with the notice a petty sessional compliance court on complaint by the Council may order the owner to take down repair or otherwise secure to the satisfaction of the district surveyor the structure or such part thereof as appears to the court to be in a dangerous state within a time to be fixed by the order and if the same be not taken down repaired or otherwise secured within the time so limited the Council may with all convenient speed cause all or so much of the structure as is in a dangerous condition to be taken down repaired or otherwise secured in such manner as may be requisite: Provided that if the owner of the structure dispute. the necessity of any of the requisitions comprised in the notice, he may by notice in writing to the Council 57 & 58 Vict. within seven days from the service of the notice upon himself require that the subject shall be referred to arbitration. c. ccxiii. s. 107. (2) In case the owner require arbitration he may at the time of giving such notice appoint an independent surveyor to report on the condition of the structure in conjunction with the district surveyor within seven days of the receipt by the Council of the notice of appointment of the owner's surveyor and all questions of fact or matters in dispute which cannot be agreed between the owner's surveyor and the district surveyor shall be referred for final decision to a third surveyor who shall (before the owner's surveyor and the district surveyor enter upon the discussion of the question in dispute) have been appointed to act as arbitrator by such two surveyors or in the event of their disagreeing by a petty sessional court on the application of either of them: Such arbitrator shall make his award within fourteen days. (3) The notice served by the Council shall be discharged amended or confirmed in accordance with the decision of the two surveyors or the arbitrator as the case may be. (4) Unless the arbitrator otherwise direct the costs of and incident to the determination by the two surveyors or the arbitrator of the question in dispute shall be borne and paid in the event of such determination being adverse to the contention of the district surveyor by the Council or in the event of such determination being adverse to the contention of the owner's surveyor by the owner. Owner or occupier.-These terms are respectively defined by sect. 5, subsects. 29 and 30, ante, pp. 25, 32. Under sect. 200 (11 g), post, p. 291, any person refusing to admit at a reasonable time any owner, builder, or person, or his servants, workmen, or agents, for the purpose of complying with any notice or order served or made on him in pursuance of this section, or refusing or neglecting to afford them all reasonable assistance in complying with such notice or executing such order, is liable to a penalty not exceeding forty shillings. Petty Sessional Court.-This expression means a Court of Summary Jurisdiction, consisting of two or more justices when sitting in a petty sessional court-house, and includes the Lord Mayor of the City of London and any alderman of that city, and any metropolitan or borough police magistrate or other stipendiary magistrate when sitting in a court-house or place at which he is authorised by law to do alone any act authorised |