57 & 58 Vict. c. ccxiii. s. 166. in the first case he will not, and in the second case he will, be a competent witness. See Cattell v. Ireson, 27 L. J. M. C. 167 ; 4 Jur. 560; 22 J. P. 672. By sect. 200, post, a person who does any of the acts therein specified is to be deemed to have committed an offence against the Act, and from the fact that the section provides (see p. 292) that while the liability to these penalties is to be without prejudice to any other proceedings, no person is to be punished' twice, it is evident that the intention of the Act is that proceedings for the recovery of penalties under that section are to be in the nature of criminal proceedings. In such cases, therefore, the defendant will be unable to give evidence. It is obvious that in many cases the Court will be unable to avail itself of the only evidence which can enable it to decide rightly. Removal of roof.-Although from the definition of 'new building' the inference is that a structure cannot be a building unless it has a roof (see sect. 5 (subsect. 6), ante, p. 11, and the note thereto), proceedings with respect to a building are not affected by the removal or falling in of the roof during the course of such proceedings (sect. 198, post). Expenses. Under sect. 35 of the Summary Jurisdiction Act, 1879, a Court of Summary Jurisdiction has power to make an order, on complaint made to it, pursuant to the Summary Jurisdiction Act, of the non-payment of any sum of money declared by any Act passed after January 1, 1880, to be recoverable summarily. Provided that a warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint. That an order for the payment of any such sum or of any instalment thereof, or for the payment of any costs in the matter of such complaint, whether ordered to be paid by the complainant or defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it is proved to the satisfaction of such Court, or of any other Court of Summary Jurisdiction for the same county or place, that the person making default in payment of such sum, instalment, or costs, either has, or has had since the date of the order, the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same; and in any such case the Court shall have the same power of imprisonment as a County Court would, for the time being, have under the Debtors Act, 1869, for default of payment if such debt had been recovered in that Court, but shall not have any greater power. Proof of the means of the person making default may be given in such manner as the Court to whom application is made for the commitment to prison thinks just, and for the purpose of such proof the person making default and any witnesses may be summoned and examined on oath according to the rules for the time being in force under this Act in relation to the summoning and examination of witnesses. Rule 20 of the Summary Jurisdiction Rules, 1886, provides that an order of 57 & 58 Vict. commitment under sect. 35 is not to be made unless a c. ccxiii. summons to appear and be examined on oath has been served ss. 167, 168. on the judgment debtor. This summons is called a 'judgment summons,' and must, whenever it is practicable, be served personally on the judgment debtor, but the Court may make an order for substituted service (rule 21). A judgment summons may issue, although no distress warrant has been applied for, and service of such summons may be proved by affidavit (rule 22), it must be served two clear days before the day on which the judgment debtor is required to appear (rule 23), the hearing may be adjourned from time to time (rule 24), and any witness to prove the means of the debtor may be summoned in same manner as witnesses are summoned to give evidence on the hearing of a complaint (rule 25). All costs incurred by the plaintiff in endeavouring to enforce an order are, unless the Court otherwise orders, deemed to be due in pursuance of the order as if it was made under sect. 5 of the Debtors Act, 1869. Under sect. 7 of the Summary Jurisdiction Act, 1879, the Court by whose order any sum is adjudged to be paid may allow time for the payment thereof, may direct payment of it to be made by instalments, and may direct that the person liable to pay the sum shall be at liberty to give to the satisfaction of the Court, or of such other Court of Summary Jurisdiction, or such person as it may specify, security with or without a surety or sureties for the payment of the sum or of any instalment thereof, which security may be given and conferred in the manner provided by sect. 9 of the Act. 167. Any proceedings taken by a district surveyor Proceedings, may be continued by his duly appointed deputy or suc- by surveyor. cessor in the office. 'Deputy. As to the appointment of a deputy by a district surveyor, see sect. 142, ante, p. 234. 168. Where jurisdiction is by this Act given to a Powers of county court that court may settle the time and manner and appeal of executing any work or of doing any other thing and from county may put the parties to the case upon such terms as respects the execution of the work as the court thinks fit: Provided that any person shall have the same right of appeal from any decision of a county court in any matter in which jurisdiction is given to such court by this Act as he would have under the County Courts Act 1888 from any decision of such court in any matter. 'County Court.-Jurisdiction is given to the County Court by sect. 94 to settle the security to be given by a building owner before commencing any work which he is authorised by Part court. c. ccxiii. ss. 169, 170. 57 & 58 Vict. VIII. to do, and by sect. 91, subsect. 1, to entertain an appeal from the surveyors appointed by the building and adjoining owners to settle a difference between them. An appeal from the County Court to the High Court is given by the County Courts Act, 1888 (51 & 52 Vict. cap. 43), sect. 120, which enacts that ' if any party in any action or matter shall be dissatisfied with the determination or direction of the judge in point of law or equity, or upon the admission or rejection of any evidence, the party aggrieved by the judgment, direction, decision, or order of the judge may appeal from the same to the High Court, in such manner and subject to such conditions as may be for the time being provided by the rules of the Supreme Court regulating the procedure on appeals from inferior courts to the High Court.' By the same section it is provided that there shall be no appeal, except by leave of the judge, in certain cases where the subject-matter of an action is of less value than 20%., but that limitation does not appear to apply to the determination of the judge in matters referred to him under this Act. An appeal to the High Court is made by notice of motion. The notice, which must state the grounds of the appeal and whether all or part only of the judgment or finding is complained of, is an eight-day notice, and must be served within twenty-one days from the date of the judgment, order, or finding complained of such period to be calculated from the time at which the judgment or order is signed, entered, or otherwise perfected, or from the time at which the finding or any refusal is made or given. See Rules of the Supreme Court, Order LIX. Application 169. Notwithstanding anything in any other Act one of penalties. half of all penalties recovered by the Council under this Act shall be paid to the Council. Provided that it shall be lawful for any court by whom any penalty is imposed under this Act to direct that the whole or part thereof shall be applied in or towards payment of the costs of the proceedings. Council may Forfeiture or penalty.-The Council is also entitled, in cases in which it is a 'party aggrieved,' to any forfeiture or penalty payable to a 'party aggrieved.' Interpretation Act, 1889 (52 & 53 Vict. cap. 63), sect. 2 (2). 170. Where any person has been convicted of an offence against any of the provisions of any Part of this Act or any byelaw made thereunder by constructing erecting adapting extending raising altering uniting or and recover separating any building or structure or any part of any building or structure in contravention of any provisions of any Part of this Act it shall be lawful for the Council after giving fourteen days' notice to such person to bring expenses. s. 170. such building or structure into conformity with the said 57 & 58 Vict. provisions and after default shall have been made in c. ccxiii. complying with such notice and notwithstanding the imposition and recovery of any penalty to cause complaint thereof to be made before a petty sessional court who may thereupon issue a summons requiring the person making such default as aforesaid to appear to answer such complaint and if the said complaint is proved to the satisfaction of the court the court may make an order in writing authorising the Council and it shall thereupon be lawful for the Council to enter upon such building or structure with a sufficient number of workmen and to demolish or alter such building or structure or any part thereof so far as the same shall have been adjudged to be in contravention of this Act or any byelaw under this Act and to do whatever other acts may be necessary for such purpose and to remove the materials to some convenient place and if in their discretion they think fit sell the same in such manner as they may think fit and all expenses incurred by the Council in demolishing or altering such building or structure or any part thereof and in doing such other acts as aforesaid or the balance of such expenses after deducting the proceeds of sale of the aforesaid materials (if the Council thinks fit to sell the same) may be recovered from the person committing the offence aforesaid in a summary manner. If the proceeds of such sale shall be more than sufficient to defray such expenses the Council shall restore the surplus of such proceeds after deducting the amount of all such expenses to the owner of the building or structure on demand. Entry by Council.-To hinder or obstruct any person empowered by the Act to enter any premises for the purpose of doing any work is made an offence against the Act by sect. 200 (4), post. See also as to the removal of a building where bad mortar is used, the Instructional Letters of 23rd November, 1880, and the 6th July and 15th December, 1894, in Appendix IV., post. Petty Sessional Court.'-See the note under this heading to sect. 107, ante, p. 195. Recovery of expenses.-These will be recoverable in the manner provided by sect. 166, ante, p. 254. Surplus to be restored to owner.-The expression 'owner' is defined by sect. 5 (29), ante, p. 25. Where no demand is made by an owner entitled to the surplus of the proceeds of the sale of any building, structure, or materials for the space c. ccxiii. 57 & 58 Vict. of a year, such surplus is to be dealt with in the manner specified in sect. 172, infra. See also the note under the heading Expenses' to sect. 109, ante, p. 199. SS. 171-173. Procedure Payment of surplus of proceeds into court. Payment of expenses by owners. 171. The powers conferred by this Part of this Act upon the Council with respect to any building or structure in case such building or structure has been erected extended or raised contrary to the provisions of this Act beyond the general line of buildings in the street place or row of houses in which the same is situate shall extend and apply to and may be exercised by the local authority in like manner as by the Council. 'General line of buildings.'-The powers conferred by this Part of the Act upon the Council with respect to buildings, &c., erected, extended, or raised beyond the general line of buildings, are contained in sect. 170, ante, which provides for the demolition of buildings erected contrary to the Act. Inasmuch, however, as such powers are only conferred where a person has been convicted of an offence against the Act, the present section does not appear to enable a local authority to take proceedings to recover the penalty imposed by sect. 200 (3), post, for the contravention of any of the provisions of Part III., which relates to lines of building frontage. At the same time the Act nowhere specifies the persons by whom proceedings for the recovery of penalties may be taken, and presumably, therefore, it is open to any person to make a complaint that an offence against the Act has in any case been committed. 'Local authority.'-The authorities meant by this expression are specified in sect. 5 (42), ante, p. 39. 172. Where by any provision of this Act any surplus of the proceeds of the sale of any building structure or materials is made payable to any owner thereof and nodemand is made by any person entitled thereto within one year of the receipt of the proceeds by the Council then the same shall be paid into the Bank of England (Law Courts Branch) to the account of the PaymasterGeneral for the time being for and on behalf of the Supreme Court of Judicature to be placed to the credit of ex parte the London County Council London Building Act 1894 the account of the owner (describing him so far as reasonably practicable) subject to the control of the High Court and to be paid out to the owner on his proving his title thereto. 173. Where it is by any provision of this Act declared that expenses are to be borne by or may be recovered from the owner of any premises (including under the |