c. clxiii. street, when the front of the building, wall, or railing on either side 11 & 12 Vict. thereof, shall at any time be taken down to be rebuilt or altered, it shall be lawful for the commissioners to require the same to be set backwards to such a line and in such a manner as the commissioners shall direct for the improvement of such street, the commissioners making full compensation to the owner of such building for any damage which he may sustain thereby. Note. The provisions of this section are similar to those contained in sect. 23 of the Act of 1894, ante, p. 82. See the note to that section. back. future pro 154. And be it enacted, that if the commissioners Owners, &c. shall consider any porch, shed, projecting window, step, to remove cellar door or window, or steps leading into any cellar or jections on otherwise, lamp, lamp post, lamp iron, sign, sign post, notice from sign iron, showboard, window shutter, wall, gate, fence, commisor opening, or any other projection or obstruction that sioners. hereafter may be placed or made against or in front of any house or building, to be an annoyance, in consequence of the same projecting into or being made in or endangering or rendering less commodious the passage along any street, it shall be lawful for them to give notice in writing to the owner or occupier of any such house or building to remove such projection or obstruction, or to alter the same in such manner as the commissioners shall think fit; and such owner or occupier shall within fourteen days after the service of such notice upon him remove such projection or obstruction, or alter the same in such manner as shall have been directed by the commissioners. Note. See as to the maximum projection allowed for gratings or frames over areas and openings to cellars or cellar flaps, and generally as to the mode of construction of such gratings, frames, openings, cellar flaps, and coal-plates, the 20th Standing Order of the Commissioners of Sewers in App. III., Pt. III., post. As to projecting lamps, see the 18th of such Standing Orders, also in App. III.,Pt. III., post. A penalty is imposed by sect. 256, fost, p. 433, for obstructing any person in the execution of the Act. 155. And be it enacted, that if the owner or occupier of any such house or building shall neglect or refuse, within fourteen days after service of such notice upon him, to remove such projection or obstruction, or to alter the same in such manner as shall have been directed by the commissioners, he shall forfeit and pay any sum not Penalty on owners for refusing to jections, &c. remove pro 11 & 12 Vict. c. clxiii. Ss. 156, 157 Commis. sioners may remove the same, and charge the expense to the owners. Commissioners may remove existing pro jections, and make com pensation for the same. Ruinous or dangerous houses to be taken down, or secured by owners, &c. exceeding five pounds for every such offence; and it shall be lawful for the commissioners to cause the same to be removed or altered; and all the charges for such removal or alteration shall be repaid to the commissioners by such owner or occupier, and in default of payment the same may be levied and recovered in the same manner as penalties and forfeitures are by this Act directed to be levied and recovered. Note. See as to this section sect. 119 of the Metropolis Management Act, 1855, ante, p. 345, and see also the case of Att.-Gen. v. Hooper, ante, p. 227. A penalty is imposed by sect. 256, post, p. 433, for obstructing any person in the execution of the Act. 156. And with regard to all projections or obstructions of a like kind as those before mentioned, which have been erected, placed, or made against or in front of any house or building in any street before the commencement of this Act, be it enacted, that it shall be lawful for the commissioners, if they shall consider any such projection or obstruction to be an annoyance, in consequence of the same projecting into or being made in or endangering or rendering less commodious the passage along any street, to cause the same to be removed or altered as they shall think fit: provided always, that the commissioners shall give notice in writing of such intended removal or alteration to the owner or occupier against or in front of whose house or building such projection or obstruction shall be, seven days before such removal or alteration shall be commenced, and shall make reasonable compensation (to be ascertained, in case of dispute, by any justice, in manner by this Act directed) to every person who shall incur any loss or damage by such removal. Note. Similar provisions to those contained in this section are contained in sect. 120 of the Metropolis Management Act, 1855, ante, p. 42. Under sect. 256, post, p. 433, a penalty is imposed for obstructing any person in the execution of the Act. 157. And be it enacted, that if any house, building, or wall, or anything affixed therein or thereto, shall be deemed by the surveyor of the commissioners to be in a ruinous state, and dangerous to passengers, or to the occupiers of any neighbouring house or building, such surveyor shall immediately cause a proper hoard or fence missioners may cause owner, &c. with the expenses. to be put up for the protection of passengers, and shall 11 & 12 Vict. cause notice in writing to be given to the owner of such c. clxiii. house, building, or wall, if he be known, and resident s. 158. within the city, and shall also cause such notice to be put on the door or other conspicuous part of the said premises, or otherwise to be given to the occupier thereof (if any), requiring such owner or occupier forthwith to take down, secure, or repair such house, building, wall, or other thing, as the case shall require; and if such If owner, &c. owner or occupier shall not begin to repair, take down, neglect, comor secure such house, building, wall, or other thing within the space of three days after any such notice has the same been given or put up as aforesaid, and complete such to be done repairs, or take down or secure such house, building, wall, charging or other thing, as speedily as the nature of the case will admit, the said surveyor may make complaint thereof before two justices; and it shall be lawful for such justices to order the owner, or in his default the occupier (if any), of such house, building, wall, or other thing to take down, rebuild, repair, or otherwise secure, to the satisfaction of such surveyor, the same or such part thereof as shall appear to them to be in a dangerous state, within a time to be fixed by such justices; and in case the same shall not be taken down, repaired, rebuilt, or otherwise secured within the time so limited, or if no owner or occupier can be found to serve such order upon, the commissioners shall with all convenient speed cause all or so much of such house, building, wall, or other thing as shall be in a ruinous condition, and dangerous as aforesaid, to be taken down, repaired, rebuilt, or otherwise secured in such manner as shall be requisite; and all the expenses of putting up every such fence, and of taking down, repairing, rebuilding, or securing such house, building, wall, or other thing, shall be paid by the owner thereof. Note. The provisions of this section are extended to houses or buildings which, in the opinion of the medical officer of health, are permanently unwholesome and unfit for human habitation, by sect. 41 of the City of London Sewers Act, 1851, post, p. 437. See also Part IX. of the Act of 1894, ante, pp. 192-207. See also sect. 256, post, p. 433, by which a penalty is imposed for obstructing any person in the execution of the Act. 158. And be it enacted, that if such owner can be found within the city, and if, on demand of the expenses aforesaid, he neglect or refuse to pay the same, The expenses to be levied by distress on the owner 11 & 12 Vict. c. clxiii. ss. 159, 160, 161. If owner cannot be found, commissioners may take the house or ground, making compensation pursuant to 7 & 8 Vict. c. 18. Commissioners may sell the materials, restoring to the owner the overplus arising from the sale. Hoards to be erected during repairs. then such expenses may be levied by distress, and any justice may issue his warrant accordingly. 159. And be it enacted, that if such owner cannot be found within the city, or sufficient distress of his goods and chattels within the city cannot be made, the commissioners, after giving twenty-eight days' notice of their intention to do so by posting a printed or written notice in a conspicuous place on such house or building or wall, or on the land whereon such house, building, or wall stood, may take such house, building, or land, provided that such expenses be not paid or tendered to them within the said twenty-eight days, making compensation to the owner of such house, building, or land in the manner provided by the Lands Clauses Consolidation Act, 1845, in the case of lands taken otherwise than with the consent of the owners and occupiers thereof; and the commissioners shall be entitled to deduct out of such compensation the amount of the expenses aforesaid, and may thereupon sell or otherwise dispose of the said house, building, or land for the purposes of this Act. 160. And be it enacted, that if any such house, building, or wall, or anything affixed thereon or thereto, as aforesaid, or any part of the same, be pulled down by virtue of the powers aforesaid, it shall be lawful for the commissioners to sell the materials thereof, or so much of the same as shall be pulled down, and to apply the proceeds of such sale in payment of the expenses incurred in respect of such house, building, wall, or other thing: Provided always, that the commissioners shall restore any overplus arising from such sale to the owner of such house, building, wall, or other thing, on demand; provided further, that the commissioners, although they may sell such materials for the purposes aforesaid, shall have the same remedies for compelling the payment of so much of the said expenses as may remain due after the application of the proceeds of such sale as are hereinbefore given to them for compelling the payment of the whole of the said expenses. Note. The expenses may be levied by distress, see sect. 158, ante, p. 423. 161. And be it enacted, that every person who shall build or begin to build, or to take down or begin to take down, any house or wall, or alter or repair, or begin to alter or repair, the outward part of any house or wall, shall cause to be put up a proper and sufficient hoard or fence or scaffold, in all cases in which the footway shall be thereby obstructed or rendered inconvenient, with a convenient platform and handrail, if there shall 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 fence or scaffold, in such cases as aforesaid, with such platform and handrail, standing and in good condition, to the satisfaction of the commissioners, during such time as may be necessary for the public safety or convenience, and shall, in all cases in which the same shall be necessary, to prevent accidents, cause such hoard or fence to be well lighted during the night; and every such person who shall fail to put up such hoard or fence or scaffold, or such platform, with such handrail as aforesaid, or who shall 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. Note. See as to this section sect. 121 of the Metropolis Management Act, 1855, ante, p. 346, and the notes thereto. or 1 & 12 Vict. c. clxiii. ss. 162, 163. Penalty on not erecting hoards, &c. No hoard to be erected without licence from sioners. 162. And be it enacted, that it shall not be lawful for any person to erect or set up in any street hoard any fence or scaffold for any purpose whatever, or any posts, bars, rails, boards, or other things by way of inclosure, commisfor the purpose of making mortar, or of depositing bricks, lime, rubbish, or other materials, without a licence in writing first had and obtained from the commissioners under the hand of their clerk or surveyor; and every such licence shall state the name of the street in which and the purpose for which such hoard or fence or inclosure is to be made, and the size thereof, and the time for which it is to be permitted to continue. Note. A similar provision is contained in sect. 122 of the Metropolis Management Act, 1855, ante, p. 347; see the note to that section. The regulations of the Commissioners of Sewers as to applications for licences to erect hoards, &c., and as to the erection and continuance of such hoards, &c., will be found in App. III., Pt. III., post. 163. And be it enacted, that for every such licence Fee on there shall be paid to the commissioners a fee, according licence. to a scale to be prepared by the commissioners, regulated, |