c. ccxiii. Court may order the defendant to take down the sign within a 57 & 58 Vict.. time to be fixed by its order, see sect. 107, ante, p. 195; and, upon the expiration of the time so fixed, the Council or the Commissioners will, under sect. 134, be at liberty to enter the premises and remove the sign, and execute any works necessary for that purpose, and for leaving the premises in a condition of safety. The express power given by the section to the Council to enter the land, buildings, or premises on or over which an unlawful sky sign is erected, and to take down &c. such sign, is taken from sect. 14 of the London Sky Signs Act, 1891. It enables the Council to enter and remove the sign in cases where no person has been convicted of erecting or retaining the sign, see sect. 170, post, and obviates any difficulty that might arise if the only express power given had been to proceed as if under sect. 107, in which case it might have been contended that the Council had only power to remove the sign and had no power of entry. Any person hindering or obstructing the persons employed by the Council or Commissioners to remove the sign will be liable under sect. 200 (4), post, to a penalty not exceeding 107. In the case of The Attorney-General v. Hooper (1893), 3 Ch. 483; 63 L. J. Ch. 18; 69 L. T. (N.S.) 340; 57 J. P. 564, an injunction was granted by Stirling, J., restraining the owner of a signboard which projected from his premises over the public footway from preventing its removal by certain Improvement Commissioners, who were entitled under a local Act to remove all signboards and other projections from premises within their district which were a nuisance or dangerous to passengers using the highways in such district. Recovery of expenses.-Expenses incurred by the Council or the Commissioners of Sewers under this section are not to be recovered in the same way as expenses incurred in respect of a structure certified to be dangerous under Part IX.-that is, from the owner of the building under sect. 112, first deducting therefrom the proceeds, if any, of the sale of the materials. But they are to be recovered as though they were a penalty imposed by the Act-that is to say, in the manner directed by the Summary Jurisdiction Acts, see sect. 166, post, from the occupier of the premises, if there be one, and from the owner if the premises are unoccupied. 'Occupier. This expression does not include a lodger, see sect. 5 (30), ante, p. 32; and as to when a person is to be considered a lodger and not an occupier, see the notes to that subsection. 'Owner.'-Where the premises are unoccupied, the expenses are to be recovered from the person who 'would' be the owner thereof. It is presumed that it is intended by the use of the word 'would' to mean the person who would be the owner thereof if the premises were occupied that is to say, every person who would in such case be in possession or receipt 57 & 58 Vict. Application of this Part of Act within the City. either of the whole or of any part of the rents or profits of the premises; see sect. 5 (29), ante, p. 25. The manner in which expenses payable by an owner under the Act are to be borne where more persons than one come within the definition of owner of the particular premises is provided for by sect. 173, post, p. 266. 135. As regards the City this Part of this Act shall be read and have effect as if the Commissioners of Sewers were named therein instead of the Council and all costs and expenses of such Commissioners in the execution of this Part of this Act shall be paid out of their consolidated rate as part of the expenses of such Commissioners. 'City.' This expression means all parts at the date of the passing of the Act-i.e. 25th August, 1894-within the jurisdiction of the Commissioners of Sewers; see sect. 5 (43), ante, p. 39. The parts within such jurisdiction are specified in the note to sect. 4, ante, p. 4. Power for Council to appoint superin tending architect. PART XIII. SUPERINTENDING ARCHITECT AND DISTRICT SURVEYORS. 136. (1) The Council may for the purpose of aiding in the execution of this Act appoint some fit person to be called the superintending architect of metropolitan buildings' together with such number of clerks as they think fit. (2) Such architect and clerks shall be removable by the Council and perform such duties as the Council direct. (3) The superintending architect shall not practise as an architect or follow any other occupation. (4) There shall be paid to the superintending architects and clerks such salaries as the Council may direct. (5) Subject to the foregoing provisions of this section the person who at the commencement of this Act is the superintending architect of metropolitan buildings shall continue to be the superintending architect under this Act. 'Superintending architect, &c.'-The superintending architect of metropolitan buildings appointed under this section is referred to throughout the Act by the expression the superintending architect; see sect. 5 (34), ante, p. 35. The duties which the Act specifically requires him to perform are those of--the ascertaining or defining, where necessary for the purposes of the Act, what is the centre of a roadway, see sect. 5 (4), ante, p. 9; -the determining, in the event of a disagreement occurring between any person and the district surveyor, of what is the 'level of the ground' for the purposes of the Act in any particular case, see sect. 5 (8), ante, p. 15; —the defining, where required to do so, the general line of buildings in any street or part of a street, place, or row of houses under sect. 22, ante, p. 77, and the giving of notice under sect. 24, ante, p. 84, after issuing any certificate defining such line; - the determining for the purposes of Part III. of the Act, where required to do so in any case by the Council or local authority, or a person interested, in what street or streets a building or structure is situate, see sect. 29, ante, p. 87; -the determining under sect. 73 (6 e) any disagreement between a district surveyor and any person intending to erect a building in a street of a width not less than 40 ft., or in which the front wall of the building will not be at less distance from the opposite boundary of the street, as to the construction of oriel window or turrets projecting from such building; the reporting to the Council under sect. 76, ante, p. 147, as to the necessity for cubical extent additional to that permitted by sect. 75 of the Act in the case of a building to be used for any trade or manufacture; the examination, where no other officer is appointed for that purpose, of the monthly returns which the district surveyors are required to make under sect. 160 of the Act, and the reporting to the Council thereon, see sect. 162, post; -the signifying in writing under his hand the approval of the Council of any plans or particulars requiring the approval of the Council for the purposes of the Act; see sect. 195, post. Subject to any rules that may be made by the Council, the superintending architect may consent under sect. 54, ante, p. 117, to the requirements of that section as to recesses and openings in walls being modified or relaxed. Under sect. 82 (4), ante, p. 155, expenses incurred in and about the obtaining the approval of the Council to the erection of special and temporary buildings and wooden structures, to which Part VII. of the Act relates, are to be paid to the superintending architect if no other person is appointed by the Council to receive them. Any expenses incurred in supporting any decision of the superintending architect before the Tribunal of Appeal may be defrayed by the Council under sect. 181, post. The Council, by the regulations of January 1, 1895, has required that all applications for its sanction or consent are to be made to the superintending architect. Such applications must be made in accordance with the provisions of those regulations, which will be found in App. III., Part II., post. The office of Superintending Architect of Metropolitan 57 & 58 Vict. c. ccxiii. s. 136. 57 & 58 Vict. c. ccxiii. ss. 137, 138. Power of Buildings' was created by the Metropolitan Building Act, 1855, sect. 62 (18 & 19 Vict. cap. 122). At first that officer acted in a semi-judicial capacity only while discharging the important duty of certifying the general line of buildings in a street, his certificate in such case being final and conclusive; see Spackman v. the Plumstead District Board of Works, ante, p. 79. By the London Council (General Powers) Act, 1890, however, an appeal on this point was given to the tribunal constituted by that Act, and the present Act, while adding to the number of cases in which the superintending architect is required to discharge semi-judicial functions, has greatly increased the instances in which an appeal will lie from his decision to the Tribunal of Appeal. See the note to sect. 175, post. 137. If the superintending architect is prevented by superintend- illness infirmity or any other unavoidable cause from ing architect attending to the duties of his office he may with the to appoint consent of the Council appoint some other person as his deputy to perform all his duties for such time as he may be temporarily prevented from executing them. deputy. Buildings to be super. vised by district surveyors. 138. Subject to the provisions of this Act and to the exemptions of this Act mentioned every building or structure and every work done to in or upon any building or structure and all matters relating to the width and direction of streets the general line of buildings in streets the provision of open spaces about buildings and the height of buildings shall be subject to the supervision of the district surveyor appointed to the district in which the building or structure is situate. 'District surveyors.'-These are the officers either continued in office or appointed under the following section. By sect. 141, post, each of them is required to have and maintain at his own expense an office in such part of his district as the Council may approve. The duties of a district surveyor are upon the receipt of a building notice under sect. 145, post, or upon any work being observed by or made known to him which is affected by the Act, or by any byelaws made thereunder, and also from time to time during the progress of any work affected by the Act or by such byelaws, to survey the work or building placed by sect. 138 under his supervision, see sect. 146, post, and to serve notice of objection under sect. 150, post, or notice of irregularity under sect. 141, post, as the circumstances of the case may require. If he notices or receives information of any actual or probable contravention of the Act in relation to any matter or thing with which he cannot deal, he is forthwith to notify the same to the Council;. see sect. 163, post. As to the returns which he is to make to the Council every month, see sects. 160 and 161, post. As to his duties with regard to dangerous structures, see sects. 103 and 105, ante, pp. 193 and 194. With regard to his duties as to the 57 & 58 Vict. granting and refusing of certificates of renewal for sky signs, see c. ccxiii. sects. 129, 130, and 131, ante, pp. 222 and 224. He is to see that s. 138. a building to which the general provisions of Part VI. do not apply, and the erection of which in accordance with plans approved by the Council has been sanctioned by the Council, is erected in accordance with such plans, see sect. 82, ante, p. 155, and if reasonably satisfied with the accuracy of plans showing the extent of old buildings, he is to certify such fact; see sect. 13 (5), ante, p. 62, and sect. 43 (1), ante, p. 105. The district surveyor may require additional support to be given to bressummers under sect. 56, ante, p. 119. He may prescribe the thickness of arches of a span greater than 15 ft. made under a public way; see sect. 72, ante, p. 140. Where any projections from a building are permitted, such projections are to be constructed to his satisfaction, subject to an appeal to the superintending architect, see sect. 73 (6 e), ante, p. 143; and under sect. 65 (3 and 4), ante, p. 130, the caps and foundations of furnace chimney shafts are to be made to his satisfaction. The construction of every public building is to be approved by him, subject to an appeal to the Tribunal of Appeal, see sects. 78 and 79, ante, pp. 150 and 152; and under sect. 64 (19), ante, p. 128, no chimney breast or shaft built with or in any party wall may be cut away unless he certifies that it can be done without injuriously affecting the stability of the building. He may allow an external wall built against another external wall to be built without footings on the side next such external wall under sect. 87, ante, p. 163. Except in cases of emergency, see sect. 149, post, no building, structure, or work may be commenced, or resumed after suspension, unless notice thereof is given to the district surveyor, and if the builder employed on any work is changed, a new builder is not to be employed on the work unless two days' notice is given to the district surveyor, see sect. 145, post; and if a building be erected or work done without due notice having been given to the district surveyor, he may, under sect. 193, post, at any time within one month after he has discovered that such building has been erected or work done, enter the premises for the purpose of seeing that the provisions of the Act have been complied with. The district surveyor has power to enter and inspect at all reasonable times during the progress, and during fourteen days next after its completion, any building, structure, or work which is affected by the Act or by any byelaws made thereunder, and also to enter and inspect any building except those exempt from the operation of Parts VI. and VII. But he can only exercise the latter power after giving notice of his intention to do so; see sect. 148, post. A district surveyor is empowered by sect. 167, post, to continue any proceedings which may have been commenced by his predecessor in office. |