c. ccxiii. SS. 112, 113. 57 & 58 Vict. stood shall be built on, or that no part of the structure if it has been repaired is to be let for occupation until the amount so fixed has been paid. Expenses due to the Council under this Part of the Act are recoverable in a summary manner by virtue of the next section. Recovery of expenses. Fees to surveyor. A register is required by sect. 106 (3), ante, p. 194, to be kept by the Council of all orders made under that section; and no property is to be affected by any such order until the order is entered on the register, which is to be open to public inspection. The orders are to be registered within ten days after they are made, otherwise they will not affect the property to which they relate : but no provision is made for the registration of lands affected by orders made under the section. It is to be presumed, however, that the register will be so kept as to enable searches to be made to discover whether any particular property has been affected. The Standing Orders of January 1, 1895, require that the register shall be kept in the Comptroller's Department, and also that the Comptroller shall in every case in which a petty sessional court has made an order under sect. 116, give notice to the district surveyor for the district in which the property is situated, and that the district surveyor shall be requested to give immediate notice to the Council when any building is about to be commenced upon the site in question (see App. III., Part I., post). 112. If the materials are not sold by the Council or if the proceeds of the sale are insufficient to defray the said expenses the Council may recover the expenses or the balance thereof from the owner of the building together with all costs in respect thereof in a summary manner. Sale of structure.-The Council is empowered to sell a dangerous structure under sect. 109, ante, p. 199, when the owner cannot be found or refuses or neglects to pay expenses incurred by the Council in obtaining and carrying into effect an order under this Part of the Act. 'Summary manner.'-This means in the manner directed by the Summary Jurisdiction Acts; see sect. 166, post, p. 254, and the notes to that section. 'Expenses.'-Expenses incurred under the corresponding Part of the Metropolitan Building Act, 1855, were held to be a charge upon the property in respect of which they had been incurred. See In re Hammond Davis's Estate, In re The Crystal Palace and West End Railway Company, 4 Jur. (N.S.) 1029; 3 De G. & J. 144 ; 6 W. R. 844. 113. (1) There shall be paid to the district surveyor in respect of his services under this Part of this Act in relation to any dangerous structures the fees specified in Part II. of the Third Schedule to this Act. SS. 114, 115. (2) Provided that if any special service is required 57 & 58 Vict. to be performed by the district surveyor under this Part c. ccxiii. of this Act for which no fee is specified in the said schedule the Council may order such fee to be paid for that service as they think fit. (3) All fees paid to any surveyor by virtue of this section shall be deemed to be expenses incurred by the Council in the matter of the dangerous structure in respect of which such fees are paid and shall be recoverable by them from the owner accordingly. Fees. In addition to the fees payable to the district surveyor under this section, the fees specified in Part IV. of the 3rd Schedule of the Act are payable to the County Council under sect. 117, post, p. 206. Expenses incurred by Council.'-These are to be paid by the owner of the structure without prejudice to his right to recover them from any person liable to the expenses of repairs, see sect. 109 (1), ante, p. 199. A lessor will therefore be able to recover from his lessee under a repairing lease the amount of any fees paid by him under the section, in addition to any other expenses he may be entitled to recover. The persons who come within the meaning of the term 'owner' are defined by sect. 5 (29), ante, p. 25. See also the note under the heading Expenses' to sect. 109, ante, p. 199. And see also Standing Orders, January 1, 1895, Appendix III., Part I., post. Recovery of expenses.'-See as to this sect. 112, ante, p. 202. mates from 114. Where a structure has been certified by a district Power to surveyor to be dangerous to its inmates a petty sessional remove incourt may if satisfied of the correctness of the certificate dangerous upon the application of the Council by order direct that structure. any inmates of such structure be removed therefrom by a constable or other peace officer and if they have no other abode he may require that they be received into the workhouse for the place in which the structure is situate. Certificate of district surveyor.-The district surveyor is empowered to survey structures for the purposes of this Part of the Act under sect. 103, ante, p. 189, and upon the completion of the survey is to certify to the County Council his opinion as to the state of the structure under sect. 105, ante, p. 194. 'Petty Sessional Court.-See as to this Court the note to sect. 107, ante, p. 195. Neglected Structures. 115. (1) Where a structure is ruinous or so far Removal of dilapidated as thereby to have become and to be unfit dilapidated for use or occupation or is from neglect or otherwise in and a structural condition prejudicial to the property in or buildings. neglected c. ccxiii. 6. 115. 57 & 58 Vict. the inhabitants of the neighbourhood a petty sessional court on complaint by the Council may order the owner to take down or repair or rebuild such structure (in this Act referred to as a neglected structure) or any part thereof or to fence in the ground upon which it stands or any part thereof or otherwise to put the same or any part thereof into a state of repair and good condition to the satisfaction of the Council within a reasonable time to be fixed by the order and may also make an order for the costs incurred up to the time of the bearing. (2) If the order is not obeyed the Council may with all convenient speed enter upon the neglected structure or such ground as aforesaid and execute the order. (3) Where the order directs the taking down of a neglected structure or any part thereof the Council in executing the order may remove the materials to a convenient place and (unless the expenses of the Council under this section in relation to such structure are paid to them within fourteen days after such removal) sell the same if and as they in their discretion think fit. (4) All expenses incurred by the Council under this section in relation to a neglected structure may be deducted by the Council out of the proceeds of the sale and the surplus (if any) shall be paid by the Council on demand to the owner of the structure and if such neglected structure or some part thereof is not taken. down and such materials are not sold by the Council or if the proceeds of the sale are insufficient to defray the said expenses the Council may recover such expenses or such insufficiency from the owner of the structure together with all costs in respect thereof in a summary manner but without prejudice to his right to recover the same from any lessee or other person liable to the expenses of repairs. 6 Neglected structures.'-This section is a re-enactment of sect. 17 of the Metropolitan Building (Amendment) Act, 1882. The expression' structure' in this section includes any building, wall, or other structure, and anything affixed to or projecting from any building, wall, or structure; see sect. 102, ante, p. 192. The Act makes no provision for the entry and survey of structures for the purposes of this section, such as is made by sect. 103, ante, with respect to dangerous structures, and it is to be observed that where a district surveyor has made a survey in pursuance of that section, and under sect. 105 certified his opinion as to the state of the structure, sect. 106 enacts that if his certificate is to the effect that the structure is not in a dangerous state, no further proceedings shall be had in respect thereof. Where, however, the certificate is to the 57 & 58 Vict. effect that the structure is in a dangerous state, it is presumed c. ccxiii. that proceedings may be taken under this section either in S. 115. addition to or instead of proceedings under sect. 107, ante. The Standing Orders of January 1, 1895, however, provide that upon receipt of information that a structure is in a dilapidated or neglected condition, an inspection is to be made by an officer responsible to the Superintending Architect, and the result of the inspection reported to the committee (see Appendix III., Part I., post); such report is to be referred to the Medical Officer. If any person hinders or obstructs the owner in carrying out an order under this section, he will be liable to a penalty under sect. 200 (4), post, p. 285. But that enactment only applies where the owner is empowered by the Act to enter and remain on premises for the purpose of executing work directed to be done under the Act; and where, owing to the premises in question being subject to a lease granted by the owner upon whom an order under this section is made, his safe course will be, unless he has clearly power under the lease to enter for the purpose of obeying the order, to allow the Council to do what is required. 'Petty Sessional Court.'-See as to this Court the note to sect. 107, ante, p. 195. If an order is made by the Petty Sessional Court, the Superintending Architect is, at the expiration of the period allowed by the order, to report to the Building Acts Committee. See Standing Orders, January 1, 1895, Appendix III., Part I., post. Owner-For the definition of this expression see sect. 5 (29), ante, p. 25. The Standing Orders of January 1, 1895, require that a period of fourteen days is to be given to the owner, if known, within which to commence works of repair or removal. Should such works not be commenced within that period, a summons is to be applied for. See Appendix III., Part I., post. Sale of materials. Under sect. 200 (6), post, p. 287, the refusal to admit the purchaser of any materials sold under the Act, his servants, or agents upon the land on which such materials are, or the impeding him or them in removing the materials, will render the person refusing or impeding liable to a penalty. Whether, however, the materials, when a structure or any part of it is taken down in pursuance of this section, may be removed to another part of the land, if that is a convenient place, is not clear. If no demand is made by any person entitled to the surplus of the proceeds of the sale beyond the expenses within one year of the receipt of the proceeds by the Council, such -surplus is to be paid into Court under sect. 172, post, p. 266. 'Expenses.' As to the recovery of expenses incurred under this section, see sect. 166, post, p. 254. With regard to the right of the owner to recover any expenses paid by him in pursuance of this section from other persons, see sect. 173, post, p. 266, and the note to sect. 109, ante, p. 199. 57 & 58 Vict. c. ccxiii. ss. 116, 117. enforcing repayment of expenses incurred by Council. Supplemental as to Dangerous and Neglected Structures. 116. (1) Where the Council have incurred any Provision for expenses in respect of any dangerous or neglected structure and have not been paid or have not recovered the same a petty sessional court on complaint by the Council may make an order fixing the amount of such expenses and the costs of the proceedings before such petty sessional court and directing that no part of the land upon which such dangerous or neglected structure stands or stood shall be built upon or that no part of such dangerous or neglected structure if repaired or rebuilt shall be let for occupation until after payment to the Council of the said amount and thereupon and until payment to the Council of the said amount no part of such land shall be built upon and no part of such dangerous or neglected structure so repaired or rebuilt shall be let for occupation. Fees on dangerous (2) Every such order shall be made in duplicate and one copy of such order shall be retained by the proper officer of the court and the other copy shall be kept at the county hall. (3) The Council shall keep at the county hall a register of all orders made under this section and shall keep the same open for inspection by all persons at all reasonable times and any such order not entered in such register within ten days after the making thereof shall cease to be of any force No property shall be affected by any such order unless and until such order is entered in such register. Recovery of expenses.-See also with regard to the recovery of expenses incurred in respect of dangerous structures, sect. III, ante, p. 201. ་ County Hall. This means apparently the offices of the County Council in Spring Gardens. Register of orders.-See as to this the note to sect. 111, ante, p. 201. The Register is to be kept in the Comptroller's DepartSee Standing Orders, January 1, 1895, Appendix III., Part. I., post. ment. 117. The fees specified in Part IV. of the Third Schedule to this Act as payable to the Council shall be structures to payable to and may be recovered in a summary way by or neglected Council. the Council. Fees payable to Council. The section does not say that these fees are to be deemed to be expenses incurred by the Council in the matter of the structure in respect of which they are to |