Page images
PDF
EPUB

57 & 58 Vict. c. ccxiii.

s. 129.

Renewal of licence.

sect. 133, post, proceedings may be taken by the Council for its removal under sect. 134, post.

129. (1) A licence granted under the provisions of the London Sky Signs Act 1891 and renewed under the same Act may on the expiration of the period for which such renewal was granted be renewed for one further period of two years but not longer.

(2) A licence granted under the provisions of the London Sky Signs Act 1891 as amended by section 17 of the London County Council (General Powers) Act 1893 after the twenty-fourth day of August one thousand eight hundred and ninety-three may be renewed from the expiration of a period of two years from the date of issue of such licence for a further period of two years and on the expiration of that period for one other period of two years making with the original term of the licence six years in all but not longer.

(3) Every person desirous of obtaining a renewal of a licence to retain a sky sign for any such period as aforesaid may make application to the surveyor for an inspection and survey of such sky sign and such application shall be dealt with as herein-after provided and any person who shall have obtained a certificate from the surveyor after any such inspection and survey in accordance with the provisions herein-after contained may at any time within fourteen days from the issue thereof forward the same to the Council with an application for a licence from the Council to retain the same sky sign and every such application for a licence shall be accompanied by a fee of five shillings which shall be paid to the Council for and in respect of the registration of the licence and the Council shall thereupon grant to such person a licence for the retention of such sky sign for a period of two years from the date of the issue of such licence.

(4) Every such application to the surveyor for the inspection and survey of a sky sign shall be accompanied by a payment of two guineas to such surveyor which shall be his fee for the inspection and survey and for the grant or refusal of the certificate as the case may be and it shall not be lawful for the surveyor to demand or receive any further fee or payment in respect thereof.

(5) The surveyor shall either grant a certificate that in his opinion the sky sign is so placed constructed and supported as not to be likely to involve danger to the

s. 129.

public or he shall refuse to grant such certificate in 57 & 58 Vict. which case he shall state the grounds of such refusal and c. ccxiii. such certificate or refusal shall be in the form set out in this section with such modifications if any as the circumstances may require :

FORM OF CERTIFICATE.

LONDON BUILDING ACT 1894.

District of

Whereas A.B. of

has made applica

tion to me pursuant to the London Building Act 1894 to inspect and survey a sky sign erected at

I hereby certify that I have inspected and surveyed the same and in my opinion the said sky sign may be retained as now constructed for two years from the date hereof without being likely to cause danger to the public.

Dated this

day of

[blocks in formation]

FORM OF REFUSAL OF CERTIFICATE.

LONDON BUILDING ACT 1894.

District of

Whereas A.B. of

has made application to me pursuant to the London Building Act 1894 to inspect and survey a sky sign erected at

I hereby certify that I have inspected and surveyed the same and I refuse to certify that the said sky sign is so constructed as not to be likely to cause danger to the public for the following reasons

Dated this

day of

[blocks in formation]

'Renewal of licences.'-See the note under the heading 'Retention of sky signs' to sect. 128, ante, p. 221.

District surveyor's fees.-The present section requires any application made to him to inspect and survey a sign for the purposes of the section to be accompanied by a fee. Where, however, a district surveyor is paid by means of a salary in lieu of fees, sect. 158, post, would seem to require the fees payable under this section to be paid to the Council, inasmuch as it enacts that where a district surveyor is paid a salary the fees which

c. ccxiii.

Ss. 130-132.

57 & 58 Vict. would have been payable to such district surveyor in pursuance of this Act shall be paid to the Council. It can scarcely have been intended, however, that before an application is made to a district surveyor under this section the fact of whether or not he is in receipt of a salary is to be ascertained, and it is presumed that all that is meant is that salaried surveyors are to hand over to the Council any fees received by them under the section.

sky signs to meet

surveyor's requirements.

Refusal of certificate.-Where an application under sect. 129 for a certificate is refused, the applicant, after executing such works as he can lawfully do to meet the objections stated by the surveyor as his grounds for the refusal, may under sect. 130 (1), post, make a further application to the surveyor to inspect and survey the sky sign in question. The surveyor is required by section 131, post, when he refuses to grant a certificate under this section, to forward a copy of his refusal to the Council. Sect. 132, post, gives an appeal against the refusal of such a certificate.

Alteration of 130. (1) Where the surveyor refuses to grant a certificate applied for under this Act the applicant may if he think fit and can lawfully do so execute such repairs to or alterations in or modifications of the sky sign as shall meet the objections thereto as stated in the form of refusal and may thereupon make a further application to the surveyor to inspect and survey the sky sign.

Notice of refusal of

certificate to be sent to the Council.

Appeal against refusal of certificate.

be

(2) If the surveyor on re-inspection and re-survey of opinion that the sky sign has been so repaired altered or modified that it is not likely to involve danger to the public he shall grant a certificate under this Act with respect to such sky sign and an application for licence. thereof may be made as in this Act provided.

(3) Every such application to the surveyor to re-inspect and re-survey a sky sign and for a certificate in respect thereof shall be accompanied by a payment of one guinea to such surveyor which shall be his fee for such re-inspection and re-survey and for the grant or refusal of a certificate thereupon as the case may be and it shall not be lawful for the surveyor to demand or receive any further fee or payment in respect thereof.

131. Where the surveyor refuses to grant a certificate applied for under this Act it shall be the duty of the surveyor forthwith to forward a copy of his refusal to the Council.

132. Where the surveyor refuses to grant a certificate under this Act it shall be lawful for the applicant at any time within fourteen days after the date of such refusal to make application to the tribunal of appeal by way of

appeal against such refusal and such appeal shall be 57 & 58 Vict. accompanied by a copy of the form of refusal by the c. ccxiii.

surveyor.

'Tribunal of Appeal.- The Tribunal is empowered by sect. 184, post, to make, subject to the approval of the Lord Chancellor, rules as to the procedure upon the hearing of appeals to it. The time within which the application or notice of appeal must be given is, however, regulated by sect. 132 itself, which requires an application under it to be given within fourteen days from the refusal of the certificate. That is to say, the application must reach the Tribunal not later than the fourteenth day after the date of the refusal. See per Chitty, J., in In re the Railway Sleepers Supply Company, 29 Ch. D. at p. 207. In computing such days, Sundays will have to be included, and when the fourteenth day happens to be a Sunday, it will be advisable that the application should reach the Tribunal on the preceding Saturday (see Ex parte the Churchwardens and Overseers of Ashford, 16 J. P. 759; and Re the Inhabitants of Asprell v. the Justices of Lancashire, 16 Jur. 1067), in order that the service may not be void under 29 Car. II. c. 7. It is not certain, however, that the service would be void under that statute, having regard to the dictum of Cockburn, C. J., that no document is 'process' which does not issue from a Court. See Reg. v. Inhabitants of Leominster, 2 B. & S. 391; 31 L. J. M. C. 95; 8 Jur. (N.S.) 793; 6 L. T. 216; and see also Rawlins v. the Overseers of West Derby, 2 C. B. 72; 15 L. J. C. P. 70, where service of a notice of claim to be put on the Parliamentary register of voters was held not to be a service of process within that statute.

An application under this section is to be lodged at the offices of the Tribunal of Appeal within the time limited by the section; and notice of the application is to be given to the Council within such period and also to the District Surveyor; see the Regulations of 21st February, 1895, in Appendix III., Part II., post.

133. In any of the following cases a licence under this Act shall become void viz:

(i) If any addition to any sky sign be made except for the purpose of making it secure under the direction of the surveyor;

(ii) If any change be made in the sky sign or any
part thereof;

(iii) If the sky sign or any part thereof fall either
through accident decay or any other cause;
(iv) If any addition or alteration be made to or in the

house building or structure on over or to
which any sky sign is placed or attached if

Q

s. 133

Forfeiture licence (sic).

57 & 58 Vict. c. ccxiii.

S. 134.

Removal of sky signs.

such addition or alteration involves the disturbance of the sky sign or any part thereof; (v) If the house building or structure over on or to which the sky sign is placed or attached become unoccupied or be demolished or destroyed.

134. If any sky sign be erected or retained contrary to the provisions of this Act or after the licence for the maintenance or retention thereof for any period shall have become void it shall be lawful for the Council to take proceedings for the taking down and removal of the sky sign in the same manner in all respects as if it were a structure certified to be in a dangerous state under Part IX. of this Act except that the provisions of the said Part with respect to arbitration shall not apply and it shall be lawful for the Council or any officers servants or workmen appointed by them for that purpose (after obtaining the order of a petty sessional court for the taking down of the sky sign and after the expiration of the period (if any) fixed by such order for taking down the same) to enter upon the land building or premises on or over which the sky sign is erected and to take down and remove the sky sign and to execute and do any works which may be necessary for that purpose and for leaving any building to which the same was attached in a condition of safety and all the expenses of and incidental to any such work shall be repaid and be recoverable as though the same were a penalty imposed by this Act.

For the purpose of any such proceeding the expression 'the owner' in the said Part of this Act shall mean the occupier of the house building or structure on or to which the sky sign is erected or attached or if the house building or structure is unoccupied then the person who would be the owner thereof within the meaning of this Act.

Proceedings for taking down and removing sky signs.-The first step in such proceedings will be the service by the Council or, if the sign is in the City, by the Commissioners of Sewers, see sect. 135, post, on the occupier of the premises to which the sign is attached, if there be one, or on the owner, as to whom see sect. 5 (29), ante, p. 25, if the premises are unoccupied, requiring him to take down or remove the sign; see sect. 106, ante, p. 194. Should the notice not be complied with, the Council or the Commissioners, as the case may be, may then make complaint to a Petty Sessional Court, and that

« EelmineJätka »