it would appear that a term or condition accepted by any 57 & 58 Vict. person coming within the meaning of the definition will be c. ccxiii. binding upon all other persons defined as owners of the ss. 191-193. building, structure, or ground to which the sanction, consent, or allowance relates. Whether, however, any person other than the person who actually accepted the term or condition can be an owner or occupier in default, so as to be liable to a penalty under the section, may be open to question.

Penalty. Under sect. 200 (10), post, every person not complying with any term or condition imposed under this section is liable to a penalty not exceeding ten pounds. Penalties under the Act are recoverable under sect. 166, ante, p. 254.

interest.

191. In the event of its being necessary to take down As to buildany portion of an old building of architectural or his- ings of torical interest constructed otherwise than in accordance historical with the regulations of this Act or in the event of the destruction of any part of such building the part so taken down or destroyed may with the consent of the Council first obtained be restored in the same material and in the same design as it formerly was.

192. Any owner builder or other person and his servants workmen and agents may for the purpose of complying with any notice or order served or made on him in pursuance of this Act in respect of any building or structure room or place after giving seven days' notice to the occupier thereof and on production of the first-mentioned notice or order enter and from time to time without further notice re-enter such building or structure room or place and do all necessary works and things therein thereto or in connexion therewith.

'Occupier.--This expression does not, by virtue of sect. 5 (30), ante, p. 32, include a lodger.

Power of entry to owner &c. work.

to execute

where

193. Where any building has been erected or work Limitation done without due notice having been given to the dis- of time for trict surveyor (in accordance with this Act or a byelaw proceedings made under this Act) the district surveyor may at any notice not time within one month after he has discovered that given. such building has been erected or work done enter the premises for the purpose of seeing that the provisions of this Act or any notice served or order made under the same have been complied with and the time during which the district surveyor may take any proceedings or do anything authorised or required by this Act to be done by him in respect of such building or work shall begin to run from the date of his discovering that such building has been erected or work done.

57 & 58 Vict. c. ccxiii.

SS. 194-197.

Plans and

be property

Inspection by district surveyor.- If the district surveyor, in his inspection of buildings or work to which this section applies, finds that the work is so far advanced that he cannot ascertain whether the Act has been complied with or no, he may serve a notice of irregularity in respect thereof; see sect. 151 (b), ante, p. 240.

The provision that the time during which the district surveyor may take proceedings &c. in respect of any contravention of the Act which compliance by the builder with the notice of irregularity has enabled the district surveyor to discover, is to begin to run from the date of his discovering that such building has been erected or work done, is presumably intended to mean, and will probably be construed as meaning, that the time runs not from the date when the district surveyor discovers that the building has been erected or work done without notice, but from the date when he discovers that the Act has been in other respects contravened.

194. Applications plans and other documents dedocuments to livered at the office of the Council or to the district surveyor in pursuance of this Act or of any byelaw of the Council thereunder shall on delivery there become the property of the Council.

of Council.

Mode of giving approval of Council to plans. Consent how given on behalf of

Owners not to be found.

Storing of wood and timber.

195. The approval by the Council of any plans or particulars for the purposes of this Act shall be signified in writing under the hand of the superintending architect.

196. Where any consent is required to be given any notice to be served or any other thing to be done by on or to any owner in pursuance of this Act if there is no owner or if any such owner cannot be found the judge of the county court may give such consent or do or cause to be done such thing on such terms and conditions as he may think fit and may dispense with the service of any notice which would otherwise be required to be served.

197. (1) It shall not be lawful for any person to erect or place a pile stack or store of cut or uncut timber lathwood firewood casks or barrels whether on or above: the ground nearer to a street than the buildings forming the general line of buildings therein except in a position wherein such a pile stack or store stood on the first day of January one thousand eight hundred and ninety-four.

(2) It shall not be lawful for any person to pile stack or store cut or uncut timber lathwood firewood casks or barrels in the same yard or ground or in any part of the same premises with any furnace except in the following

cases:

(a) Where the furnace is enclosed in a building or 57 & 58 Vict. chamber constructed of fire-resisting materials; c. ccxii.

or

(b) Where there is a distance of not less than ten feet between the furnace and the pile stack or store of timber lathwood firewood casks or barrels.

(3) No pile stack or store of timber lathwood firewood casks or barrels shall exceed sixty feet in height from the level of the ground.

(4) It shall not be lawful to form in any pile stack or store of timber lathwood firewood casks or barrels any room or chamber or space (other than a passage) to be used for any purpose whatever.

(5) Timber yards existing at the time of the passing of this Act shall comply with these provisions within two years from the date of the passing of the Act but the Council shall have power in individual cases if they think fit to prolong this time for a term not exceeding seven years and shall have power to relax any of the provisions of this section.

(6) This section shall not apply to railway companies or canal companies so far as regards timber lathwood firewood casks or barrels in transit or piled stacked or stored on land occupied by them for the purposes of their undertakings nor to timber lathwood firewood casks or barrels piled stacked or stored in or on any yard or other premises occupied by any dock company for the purposes of their undertaking or to any such yard or premises or to any person piling or stacking or storing timber lathwood firewood casks or barrels in or on any such yard or premises.

'General line of buildings.'-See note under this heading on p. 79, ante.

'Pile, stack, or store of timber? The provisions of the Act with regard to wooden structures do not apply to piles of timber not affixed or fastened to the ground; see sect. 85, ante, p. 162, and the note thereto.

Fire-resisting materials.'-This expression is defined by sect. 5 (36), ante, p. 36.

'Height.-The definition of height in sect. 5 (21) is confined to buildings, and is not applicable to the case of a pile of timber.

'Level of the ground. This expression is defined by sect. 5, (8), ante, p. 15.

Exemption of lands occupied by railway, canal, and docks companies. As to this exemption see the note to sect. 31, ante, p. 88, and the cases referred to therein.

s. 197.

57 & 58 Vict. c. ccxiii.

ss. 198, 199.

Removal of

roof not to affect

Penalty. A person who contravenes any of the provisions of the Act relating to the storing of wood and timber is liable to a penalty not exceeding forty shillings, and to a daily penalty not exceeding the like amount; see sect. 200 (116) post.

198. Proceedings with respect to a building shall not be affected by the removal or falling in of the roof or proceedings. covering of such building.

Preventing obstruction

in streets.

Removal of roof.—It is doubtful whether a structure without a roof can be a building' within the meaning of the Act, as to which see the note under the heading Building' on p. 11; this provision, however, prevents proceedings which may have been instituted in respect of some building being rendered abortive owing to the structure in question having ceased by reason of the removal of the roof to be a building to which the term 'building' in its ordinary acceptation would be applicable.

199. No person not being lawfully authorised shall erect or place or cause to be erected or placed any post rail fence bar obstruction or encroachment whatsoever in upon over or under any street and no person not being lawfully authorised shall alter or interfere with any street in such a manner as to impede or hinder the traffic for which such street was formed or laid out from passing over the same.

The Council may at the expiration of two days after giving notice in writing to such person to demolish or remove any such post rail fence bar obstruction or encroachment or to reinstate or restore such street to its former condition (as the case may be) demolish or remove any such post rail fence bar obstruction or encroachment and reinstate or restore such street to its former condition and recover the expenses thereof from such person in a summary manner.

This section shall not apply within the City.

'Street. The expression is defined by sect. 5 (1), ante, p. 6; see also the notes to that section. It will be observed that the prohibition does not apply to the case of an obstruction in a way' which is not a street.

The provision of sect. 9, enabling the Council to refuse to sanction the plans of any street which will not be open at both ends from the ground upwards, prevents any street being laid out with barriers across it; see Daw & Sons v. the London County Council, ante, p. 52.

'Penalty.'-Under the following section every person who unlawfully erects or places any obstruction or encroachment

in, upon, or over any street or way is liable to a penalty not 57 & 58 Vict. exceeding ten pounds, and to a daily penalty not exceeding c. ccxiii. forty shillings.

'City. For the definition of this term see sect. 5 (43), ante, p. 39, and the note to sect. 4, ante, p. 4.

Offences against Act.

S. 200.

200. Subject to the provisions of this Act every Offences person who does any of the things specified in this against Act. section shall be deemed to have committed an offence against this Act and shall be liable upon conviction in a summary manner to a penalty not exceeding the amount hereafter specified in connexion with such offence and to a further penalty not exceeding the amount hereafter stated as the daily penalty in connexion with such offence for every day on which the offence is continued after such conviction (that is to say :)

(1) Every person who

(a) commences to form or lay out alter or adapt any street or way without having first obtained the sanction of the Council under this Act or otherwise than in accordance with the conditions (if any) prescribed by the Council in giving their sanction or by the tribunal of appeal as the case may be or commences to widen any street or way to a less extent than the prescribed distance without giving to the Council the notice prescribed by this Act; or

Summary manner. As to meaning of this expression see sect. 166, ante, p. 254. For the procedure in a Court of Summary Jurisdiction see the notes to that section.

'Offences.'-Inasmuch as this section imposes penalties in respect of the offences enumerated therein, such offences are so far rendered criminal in their character as to render evidence of a defendant in proceedings to recover any of the penalties inadmissible; see the note to sect. 166, under the heading Evidence of Defendant, ante, p. 261.

Continuing offence. See with reference to this the note to sect. 166, ante, p. 256.

Penalties. The application of penalties is provided for by sect. 169, ante, p. 264.

Note to subsect. (1 a).-The commencing to form or lay out a street, for carriage or foot traffic, without the sanction of the Council, is prohibited by sect. 7, ante, p. 44; and sect. 8, ante, p. 48, prescribes what shall be evidence of the commencement to form or lay out a street for the purposes of such prohibition.