c. clxiii.

s. 164.

11 & 12 Vict. with reference to the space of ground to be enclosed by such hoard or fence or covered by such scaffold, and the length of time for which such hoard or fence or scaffold is to continue: Provided always, that the sum to be paid for such licence shall not in any case exceed the sum of ten pounds.

If hoard be erected or

materials be deposited in any manner otherwise

than to the satisfaction of the commissioners the same may be removed.

Note. A table of the fees to be paid for licences to erect hoards, &c., will be found in the regulations of the Commissioners of Sewers in App. III., Pt. III., post. An additional fee is payable under such regulations for the right to affix advertisements to such hoards, &c.

164. And be it enacted, that if any person shall erect or set up in any street any hoard or fence or scaffolding for any purpose whatever, or any posts, bars, rails, boards, or other things by way of inclosure, for the purpose of making mortar, or of depositing bricks, lime, rubbish, or other materials, without a licence from the commissioners, or shall do any such acts as aforesaid in any other manner than as permitted by such licence, or shall continue the same beyond the time stated in such licence, or shall fail to keep any hoard, fence, platform, or handrail in good repair, he 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 offence; and it shall be lawful for the commissioners to cause such hoard, fence, or scaffolding, or other inclosure or erection, to be pulled down, and the materials thereof, and also all the bricks, mortar, lime, or other building materials or other matters or things contained within the same or thereto belonging, to be removed to the common pound of the city commonly called the Greenyard, there to be deposited and kept until the owner thereof, or his known servant, shall pay to the person in whose custody the same shall be the charges of pulling down and removing the same; and in case the same shall not be claimed and the said charges paid within. the space of eight days next after such seizure thereof, it shall be lawful for the commissioners to order the same to be sold, and by and out of the proceeds of such sale to pay the costs and charges thereby incurred, rendering any surplus to the owner or other person by law entitled thereto; and it shall be lawful for the commissioners to remove to such place as they shall think fit any rubbish or other matters which shall not

be of sufficient value to take to the greenyard; and in
case the proceeds of such sale shall be insufficient to
cover the
the costs, charges, and expenses incurred or
occasioned by the pulling down of such hoard or fence or
scaffolding or other enclosure or erection, and of removing
the materials thereof, and of other materials, matters,
and things, and of selling and disposing of such materials,
matters, and things, and of removing and carting away
such rubbish and things as shall not be of sufficient value
to take to the greenyard, the deficiency shall be repaid by
the owner of such materials, matters, and things, to the
commissioners, on demand, and in default of payment
the same may be levied or recovered in the same manner
as penalties and forfeitures are by this Act directed to
be levied and recovered.

Note. The provisions of this section correspond to those of sect. 123 of the Metropolis Management Act, 1855, ante, P. 347- See also the following section.

11 & 12 Vict.

c. clxiii.
ss. 256, 262.

256. And be it enacted, that if any person shall at Penalty on any time obstruct, hinder, or molest any commissioner, interrupting workmen, or any surveyor, inspector, collector, or other officer, &c. in execu workman, or person whomsoever, who shall be employed tion of duties. by virtue of this Act, in the performance or execution of his duty, every such person so offending shall for the first offence forfeit and pay the sum of five shillings, for the second offence the sum of twenty shillings, and for the third and every other offence the sum of five pounds.

262. And be it enacted, that in this Act the following Interpreta. words and expressions shall have the several meanings tion of Act. hereby assigned to them, unless there be something in

the subject or context repugnant to such construction;

(that is to say,)

The word city' shall mean the city of London and 'City.'
the liberties thereof, and shall include such parts of
Holborn, the Minories, and Aldersgate Street as are
or have been usually treated as being within the
liberties of the city, and the courts and alleys
leading into the same or communicating therewith,
and also the north side of Eldon Street, formerly
called Broker Row, Moorfields, and the courts and
alleys leading into the same or communicating
therewith, and all precincts and places within the
city of London or the liberties thereof;

F F

11 & 12 Vict. c. clxiii. S. 262.

'Land.'

'House.'
'Building.'

'Street.'

'Court.'

'Passage.'

'Pavement.'

'Owner.'

The word land' shall extend to and comprise
messuages, lands, tenements, or hereditaments of
any tenure, and shall include houses and buildings:
The word house' shall mean a dwelling house:
The word building' shall extend to and comprise
houses, warehouses, manufactories, and all buildings
of what nature or kind soever, and every part
thereof:

The word street' shall include any square, street,
court, alley, footpath, footway, highway, lane, road,
thoroughfare, or public passage or place.
The wordcourt' shall mean any present or future
court, or passage leading into a court, or any
present or future alley, or other way or place,
having a house or houses or the principal entrance
into a house therein, but not having a road or
carriageway:

The word 'passage' shall mean any present or future
passage, alley, or other way or place not having a
house or houses or the principal entrance into a
house therein, but merely leading into any street or
court, or to any house in such street or court, and
not being a road or carriageway:

The word 'pavement' shall include stone of all kinds, bricks, tiles, wood, asphalte, or any other preparation, or any materials used in lieu of paving stones, by or with the approbation of the commissioners:

The word 'owner' shall mean any person in the possession or the receipt of rent or profit arising from any house, building, or land. And whenever any forfeiture, penalty, or damage is payable to a party aggrieved, it shall be payable to a body corporate in like manner as to an individual; and where the doing of any act or thing is made punishable by this Act, or by any of the rules or regulations to be made by the commissioners in pursuance thereof, with any penalty, fine, or forfeiture, the causing, procuring, permitting, or suffering such act or thing to be done shall be punishable in like manner.

THE

CITY OF LONDON SEWERS ACT, 1851.

14 & 15 VICT. CAP. XCI.

An Act to continue The City of London Sewers Act,
1848,' and to alter and amend the provisions of the
said Act.
[24th July, 1851.]

11. That it shall not be lawful to let for occupation, or suffer to be occupied separately as a dwelling, any vault or cellar under any house or building in any court.

Note. See also the provisions as to underground rooms in sects. 96 to 100 of the Public Health (London) Act, 1891, in the note to sect. 70 of the Act of 1894, ante, pp. 135-139. See sect. 15, post, p. 436, as to when a cellar, &c., shall be deemed to be occupied as a dwelling. For the penalty for so occupying a cellar, &c., see sect. 13, post, p. 436.

12. That it shall not be lawful to let or continue to let for occupation, or suffer to be occupied separately as a dwelling, any vault or cellar under any house or building in any street, unless such vault or cellar be in every part thereof at least eight feet in height, measured from the floor to the ceiling thereof, nor unless the same be at least three feet of its height above the surface of the street adjoining the same, nor unless there be outside of and adjoining the same vault or cellar, and extending along the entire frontage thereof and upwards, from six inches below the level of the floor thereof up to the surface of the said street, an open area of at least two feet and six inches wide in every part, nor unless the same be well and effectually drained by means of a drain the uppermost part of which shall be one foot at least below the level of the floor of such vault or cellar, nor unless its floor be so constructed as to render it, in the judgment of the commissioners, fit and proper for habitation, nor unless there be attached to such vault or cellar the

Cellars in be occupied

courts not to

as dwellings.

Cellars, &c., not to be let as dwelling

rooms,

except under certain con

ditions.

use of a watercloset or privy, and a dustbin, furnished with proper doors and coverings, kept and provided according to the provisions of the said recited Act or this Act, nor unless the same vault or cellar have a fireplace with a proper chimney or flue, nor unless the same have an external window of not less than three feet square, or otherwise of an area of not less than nine feet clear of the sash frame, and made to open in such manner as shall be approved by the commissioners, except in the case of an inner or back vault, cellar, or room let or occupied along with a front vault, cellar, or room as part of the same letting or occupation, in which last mentioned case the external window may be of any dimensions not less than two feet square, or otherwise of an area not less than four feet clear of the sash frame.

Note. See sect. 15, post, as to when a cellar, &c., shall be deemed to be occupied as a dwelling.

13. That every person who shall let, or knowingly suffer to be occupied for hire or rent as a dwelling, any vault, cellar, or underground room, contrary to the provisions of this Act, shall for every such offence forfeit any sum not exceeding 21., and also any sum not exceeding 10s. for every day during which such vault, cellar, or underground room shall be so occupied.

14. That in any area adjoining a vault, cellar, or underground room used or intended to be used as a dwelling there may be placed steps necessary for access to such vault, cellar, or room, if such steps be so placed as not to be over, across, or opposite to the external window of such vault, cellar, or room, and so as to allow between every part of such steps and the external wall of such vault, cellar, or room, a clear space of six inches at the least, and that over or across any such area there may be placed steps necessary for access to any building above the vault, cellar, or room to which such area adjoins, if the same be so placed as not to be over, across, or opposite to any such external window.

15. That every vault, cellar, or underground room in which any person shall pass the night shall be deemed to have been occupied as a dwelling within the meaning of this Act.

28. That throughout the said recited Act, wherever the word 'ashpit' shall be used, it shall be deemed and taken to include dustbin.'