C. 120. Ss. 99, 100 18 & 19 Vict. the powers given by this section is liable to compensate a person whose property is injured by such action. See Baker v. the Vestry of St. Marylebone, 35 L. T. (N.S.) 129; 24 W. R. 848. And see also Ferrar v. the Commissioners of Sewers of London, L. R. 4 Ex. 227; 38 L. J. Ex. 102; 21 L. T. (N.S.) 295; 17 W. R. 709; Flight v. Vestry of St. Luke, Chelsea, 40 L. J. Ex. 102. Owners possessing freehold of courts, &c. to pave the same. Owner of courts to drain them, and keep the pavement, Penalty on owners for neglect. Vaults and cellars under streets not to be made without the The powers given by this section do not enable a local authority to lay a tramway in a street, see Reg. v. Train, 31 L. J. M. C. 169. 99. Provided always, that whenever the freehold of any court, passage, or public place, not being a thoroughfare, is vested in the owner of any adjoining house, the paving of such court, passage, or public place shall be done by such owner, if deemed expedient or necessary by the vestry or district board. Note. With reference to the paving of new streets, see the provisions of 25 & 26 Vict. c. 102, sect. 77, post; of footways, 53 & 54 Vict. c. 54, post; of roads or ways which are not streets, 53 & 54 Vict. c. 66, sect. 3, post. 100. The owner of any such court, passage, or public place, not being a thoroughfare, shall, if required by the Vestry or district board of the parish or district in which the same is situate, to the satisfaction of such vestry or district board sufficiently pave, cover the surface of, or repair the same, and lay, at a proper level, through, over, under, or along such part thereof as such vestry or board may require, a drain, channel, or gutter, and keep such pavement or covering, and drain, channel, or gutter, in good repair, to the satisfaction of such vestry or board; and if any such owner of any court, passage, or public place, not being a thoroughfare, do not sufficiently pave or cover the same as aforesaid, or do not lay down therein such drain, channel, or gutter, or do not repair the same respectively, to the satisfaction of such vestry or board, within fourteen days after notice in writing requiring him so to do has been given to him by such vestry or board, every such person so offending shall forfeit and pay any sum not exceeding five pounds. Note. The vestry or district board may, instead of enforcing the penalty, recover the amount of the expenses. See 25 & 26 Vict. cap. 102, sect. 81. 101. No vault, arch, or cellar shall be made under any street without the consent of the vestry or district hoard of the parish or district in which the same is situate; and all such vaults, arches, and cellars hereafter to be SS. 101, 102, made within any parish or district mentioned in either 18 & 19 Vict. of the Schedules (A.) and (B.) to this Act shall be sub- c. 120. stantially made, and so as not to interfere or communicate 105. with any drain or sewer under the control of any vestry consent of or district board, or of the Metropolitan Board of Works, the vestry without their consents respectively first obtained; and if or board." any vault, arch, or cellar be made contrary to this provision, it shall be lawful for the vestry or district board, or for the Metropolitan Board of Works, to fill up or alter the same, and the expenses incurred thereby shall be paid by the owner of such vault, arch, or cellar. Note.-An appeal is given by sect. 211, post, to the Council against any proceedings of a vestry or district board under this section. any 102. All vaults, arches, and cellars made either before or after the commencement of this Act under street in any parish or district mentioned in either of the Schedules (A.) and (B.) to this Act, and all openings into the same in any such street, shall be repaired and kept in proper order by the owners or occupiers of the houses or buildings to which the same respectively belong; and in case any such vault, arch, or cellar be at any time out of repair, it shall be lawful for the vestry or district board of such parish or district to cause the same to be repaired and put into good order, and to recover the expenses thereof from such owner in the manner hereinafter provided. Note. This provision does not absolve the vestry or district board from its duty to keep the streets in proper repair, so that where the only roof which a cellar had consisted of the flags which formed the pavement over which the public passed, it was held that the Vestry could not compel the owner of the cellar to repair these flags when worn out on the ground that they were part of the cellar. See Hamilton v. the Vestry of the Parish of St. George, Hanover Square, L. R. 9 Q. B. 42; 43 L. J. M. C. 428; 29 L. T. (N.S.) 428. Vaults, &c. under streets to be repaired by owners or occupiers. new streets 105. In case the owners of the houses forming the Provisions greater part of any new street laid out or made or here- for paving after to be laid out or made, which is not paved to the satisfaction of the vestry or district board of the parish or district in which such street is situate, be desirous of having the same paved, as hereinafter mentioned, or if such vestry or board deem it necessary or expedient that the same should be so paved, then and in either of such cases such vestry or board shall well and sufficiently C. 120. s. 106. 18 & 19 Vict. pave the same, either throughout the whole breadth of the carriageway and footpaths thereof, or any part of such breadth, and from time to time keep such pavement in good and sufficient repair: and the owners of the houses forming such street shall, on demand, pay to such vestry or board the amount of the estimated expenses of providing and laying such pavement (such amount to be determined by the surveyor for the timebeing of the vestry or board); and in case such estimated. expenses exceed the actual expenses of such paving, then the difference between such estimated expenses and such actual expenses shall be repaid by the said vestry or board to the owners of houses by whom the said sum of money has been paid; and in case the said estimated expenses be less than the actual expenses of such paving, then the owners of the said houses shall, on demand, pay to the said vestry or board such further sum of money as, together with the sum already paid, amounts to such actual expenses. Vestry or not being a Note. Under sect. 77 of 25 & 26 Vict. cap. 102, post, the owners of land can be made to contribute towards expensesincurred under this section. See also the note to that section. As to the application of the term 'new street' after the passing of the Metropolis Management Act, 1862 (25 & 26 Vict. cap. 102), see sect. 112 of that Act, post. Ancient highways may become new streets within the meaning of this section, as to which see The Vestry of St. Giles's, Camberwell, v. Crystal Palace Co. (1892), 2 Q. B. 33 ; 61 L. J. Q. B. 802; 66 L. T. (N.S.) 840; 40 W. R. 648 ; 57 J. P. 5 ; and see also the note to sect. 5 (1) of the Act of 1894, ante, p. 8. The powers of the vestry or district board cannot be exercised more than once (see The Vestry of St. Giles's, Camberwell, v. Hunt, 56 L. J. M. C. 65); for once paved by the vestry or district board the street ceases to be a new street within the meaning of the section (see per Matthew, J.) But laying down a temporary pavement is not paving within the meaning of the section. See Wilson v. the Vestry of St. Giles's, Camberwell (1892), 1 Q. B. 1 ; 65 L. T. (N.S.) 790 ; 61 L.'J. M. C. 3 ; . 40 W. R. 1; 56 J. P. 167. 106. The vestry or district board of any parish or district may if they think fit, by notice in writing put up in any part of any street in their parish or district, not being a highway, declare their intention of repairing the same under this Act, and thereupon the same shall be from time to time repaired by them under the authority of this Act . . . Note.-The section contained a proviso which is now repealed by the Amending Act of 1862, 25 & 26 Vict. cap. 102, sect. 80 of which enacts that : 'The proviso of the one hundred and sixth section of the firstly recited Act is hereby repealed; and in lieu thereof be it enacted, that no street not being a highway shall be repaired as in the said section mentioned, unless notice be given to the owners and rated occupiers of the houses in such street respectively; and service of any such notice may be effected by leaving the same at the several houses in such street, or, where any of the said houses shall be unoccupied, by affixing the same upon the outer door or some conspicuous part of such houses; and provided further, that no such street shall be repaired as in the said section mentioned if within one month after notice has been given as aforesaid written notice of objection to such repair, signed by at least two-thirds of the owners or rated occupiers of houses in the said street, shall be given to the vestry or district board.' 18 & 19 Vict. c. 120. ss. 108, 119. boards may place fences, &c. to footways. 108. It shall be lawful for every vestry and district Vestries and board from time to time to place any posts, fences, and district rails on the sides of any footways or carriageways in their parish or district, for the purposes of safety, and to prevent any carriage or cattle from going on the same, and also to place any posts or other erections in any carriageways so as to make the crossings thereof less dangerous for foot passengers, and also from time to time to repair and renew any such posts, rails, or fences, or to remove the same, or any other obstruction or encroachment on any carriageway or footway. 119. If any porch, shed, projecting window, step, Owners, &c. cellar door or window, or steps leading into any cellar to remove or otherwise, lamp, lamp post, lamp iron, sign, sign future propost, sign iron, showboard, window shutter, wall, gate, notice from jections, on fence, or opening, or any other projection or obstruction vestry or placed or made against or in front of any house or district building after the commencement of this Act, shall be board. an annoyance, in consequence of the same projecting into or being made in or endangering or rendering less commodious the passage along any street in their parish or district, it shall be lawful for the vestry or district board to give notice in writing to the owner or occupier of such house or building to remove such projection or obstruction, or to alter the same, in such manner as the vestry or board think fit: and such owner or occupier shall within fourteen days after the service of such notice upon him remove such projection or obstruction, 18 & 19 Vict. C. 120. SS. 120, 121. Penalty for neglect. Vestry or district board may remove pro jections and make com pensation for the same. Hoards to be erected dur ing repairs. Penalty on not erecting hoards. or alter the same in the manner directed by the vestry or board; and if the owner or occupier of any such house or building neglect or refuse, within fourteen days after such notice, to remove such projection or obstruction, or to alter the same, in the manner directed by the vestry or board, he shall forfeit any sum not exceeding five pounds, and a further sum not exceeding forty shillings for every day during which such projection or obstruction continues after the expiration of such fourteen days from the time when he may be convicted of any offence contrary to the provisions hereof. Note. With reference to this section, see the note to sect. 73 of the Act of 1894 on p. 143, ante. The section does not repeal sect. 65 of Michael Angelo Taylor's Act (57 Geo. III. cap. 29). See Wyatt v. Gems (1893), 2 Q. B. 225; 69 L. T. (N.S.) 456. It had, however, previously been held to repeal sect. 72 of that Act, see Fortescue v. the Vestry of St. Matthew, Bethnal Green (1891), 2 Q. B. 170; 60 L. J. M. C. 172; 65 L. T. (N.S.) 256. 120. [This section will be found set out in the note to sect. 6 of the Act of 1894, ante, p. 42.] 121. Every person who shall build or begin to build, or to take down or begin to take down, any house, building, or wall, or alter or repair, or begin to alter or repair, the outward part of any house, building, or wall, shall, in all cases in which the footway is thereby obstructed or rendered inconvenient, cause to be put up a proper and sufficient hoard or fence, with a convenient platform and handrail, if there be room enough for the same, to serve as a footway for passengers outside of such hoard or fence, and shall continue such hoard or fences, in such cases as aforesaid, with such platform and handrail, standing and in good condition, to the satisfaction of the vestry or district board of the parish or district in which such house, building, or wall is situate, during such time as may be necessary for the public safety or convenience, and shall, in all cases in which the same is necessary to prevent accidents, cause such hoard or fence to be well lighted during the night; and every such person who fails to put up such hoard or fence and such platform, with such handrail as aforesaid, or who does not, whilst the said hoard or fence is standing, keep the same well lighted during the night, shall for every such offence forfeit a sum not exceeding five pounds, and a further sum not exceeding forty shillings for every day during the continuance of such default. |