s. 13.

dwelling-house and anything within the curtilage, see Lord 57 & 58 Vict. Auckland v. the Westminster District Board of Works, 7 Ch. c. ccxiii. App. 597; 41 L. J. Ch. 723; 26 L. T. (N.S.) 961; 20 W. R. 845. Curtilage (Curtilagium, from the Fr. cour, court, and Sax. leagh, locus) is a courtyard, backside, or piece of ground lying near and belonging to a dwelling-house. 4 Ed. I. cap. 1; 35 Hen. VIII. cap. 4; 39 Eliz. cap. 10; 6 Rep. 64: Mihi dici videtur Curtilagium à Curtillum et ago, scil. locus ubi curtis vel curtilli negotium agitur' (Spelman). And though it is said to be a yard or a garden belonging to a house, it seems to differ from a garden, for we find 'cum quodam gardino et Curtilagio' (15 Ed. I. No. 34), Jacobs' 'Law Dictionary.' A similar definition is contained in Tomlin's Law Dictionary.'

In East's 'Pleas of the Crown,' vol. ii. ch. 15, s. 10, under the title Burglary,' it is stated that 'the mansion not only includes the dwelling-house, but also the outhouses, such as barns, stables, cowhouses, dairy-houses, and the like, if they be parcel of the messuage, though they be not under the same roof, or joining contiguous to it.' . . 'And it is clear that any outhouse within the curtilage or same common fence as the mansion itself, must be considered as parcel of the mansion.' In Caxden v. Tuck, 1 Cro. El. 89, it was held that upon a devise of a messuage without mention of the appurtenances, the garden and curtilage did pass, 'for they agreed clearly, that a curtilage is as parcel of a house, and shall pass in case of a feoffment without saying cum pertinentiis.'

Where a Local Improvement Act imposed a rate upon all 'houses' within a parish, the Court held that no buildings and yards used for purposes of business came within such description, unless they were also within the curtilage of a house; and in giving judgment Cockburn, C. J., said: As to what comes within the curtilage (curtilage for the purpose of burglary) as part of the domus mansionalis, as Lord Hale lays it down, such as barns, stables or warehouses, if they be parcel of the messuage, though not under the same roof but adjoining (and here there are stables, outhouses, and buildings), it is burglary.' And the Court held that a flour mill which communicated with an out-building or washhouse belonging to a house, which house and mill were occupied by the miller together, for the purposes of his residence and business, was within the curtilage of the house. Blackburn, J., in his judgment, after describing the different buildings in question, said: 'It seems to me that that is an enclosed yard on which all these buildings open, and that that therefore would come to be one entire building, and that, primâ facie at all events, every one of the buildings that opened into that yard must be considered as part of the dwelling-house in which he dwells.' Hale v. Corporation of Milton, 31 J. P. 804.

In another case a piece of ground was held to come within the definition of a 'curtilage' which was in front of a public house, and was bounded upon the side by a street from which

c. ccxiii.

s. 13..

57 & 58 Vict. it was not fenced off, on another side by land belonging to a railway company from which it was fenced off, and on its fourth side by garden walls. Between the piece of land and the public house was a narrow foot pavement not fenced off from the lane in question, along which the public were accustomed to pass except during such time as the footway was closed, which happened regularly once a year. In his judgment Giffard, V.C., said: 'The land is, no doubt, convenient for the occupation of the house; the fact of principal importance being, that in order to drive to the front door it is necessary to pass over it. I must consequently hold it to be part of the curtilage to the house.' Marson v. London, Chatham, & Dover Railway Company, L.R. 6 Eq. 101; 37 L. J. Ch. 483; 18 L. T. (N.S.) 319. See also Lord Grosvenor v. Hampstead Junction Railway Company, 1 De G. & J. 446; 26 L. J. Ch. 731; 3 Jur. (N.s.) 1085. Pilbrow v. the Vestry of St. Leonard, Shoreditch (1895), I Q. B. 33; 71 L. T. (N.S.) 697; 64 L. J. M. C. 29, affirmed by the Court of Appeal (Rigby, L. J., diss.) (1895), 1 Q. B. 433; 64 L. J. M. C. 130; 72 L. T. (N.S.) 135, where it was held that a yard between two blocks of buildings was within the curtilage of the premises; and see The Vestry of St. Martin in the Fields v. Bird (1895), 1 Q. B. 428; 64 L. J. M. C. 230; 71 L. T. (N.S.) 868; 14 R. March 228; 43 W. R. 194.

It will have been seen from the foregoing that it is only a dwelling-house that can have a curtilage; whether or not then the Act, when it speaks of a building or erection, applies, in the case of a building or erection which is not a dwelling-house, to the actual ground which it covers and no more, may to question.

be

open

In The Attorney-General v. Hatch (1893), 3 Ch. 36; 62 L. J. Ch. 857; 69 L. T. (N.S.) 469; 57 J. P. 825; 2 R. 533, the owner of a house in a street had taken out the front wall of the ground and first floors, and had removed the first floor with the view of turning the two lowest storeys into one lofty shop, which was also to be extended behind the house. The second floor had not been disturbed, but had been shored up with timber, which was afterwards replaced by iron girders and brick piers. Shortly after the erection of the iron girders and piers had been completed, the local authority prescribed a building line under sect. 155 of the Public Health Act, 1875, which enables such a line to be prescribed where any house or building situated in a street, or the front thereof has been taken down in order to be rebuilt or altered. The local authority having commenced an action to restrain the owner from building in front of such line, the Court of Appeal held that, inasmuch as a substantial part of the house and of its front wall had been left standing, neither the house nor the front thereof had been taken down within the meaning of the section.

Plans. Under sect. 164, post, the Council is empowered to make byelaws with respect to the regulation of the plans and level of sites for new buildings, the deposit with the District Surveyor

of plans of buildings submitted under this section, and the regu- 57 & 58 Vict. lation of the amounts of the fees to be paid to District Sur- c. ccxiii. veyors in respect of their duties under any such byelaws; and S. 14. regulations have accordingly been made which will be found in Appendix III. post. See the Regulations of the Council of the 1st January 1895, Nos. I. and II. (2). The fee payable by the builder, or in his default by the owner or occupier as the case may be, under sect. 154 (1), post, p. 244, for examining and certifying plans of old buildings under sect. 13, is 27. 25., see Sch. 3, Part I., post, pp. 318 et seq. Applications, plans, and other documents delivered at the office of the Council, or to the District Surveyor in pursuance of the Act or of any byelaw of the Council thereunder become on delivery the property of the Council, see sect. 194, post, p. 278. An appeal is given by sect. 19, post, p. 75, to the Tribunal of Appeal constituted by sect. 175, post, against the refusal of the District Surveyor to certify under sect. 13 (5), ante, p. 62.

Dwellings for the working-class.-The erection of these dwellings is dealt with in sect. 42, post, p. 101. The mode in which the height of a building is to be ascertained is prescribed in the definition of the expression 'height' in sect. 5 (21), ante, P. 22.

Local Authority.-This expression is defined by sect. 5 (42), ante, p. 39.

Exemptions. See the saving as to private roads formed or laid out by railway companies in sect. 20, post, p. 76, and as to buildings erected upon lands belonging to the School Board for London in sect. 21, post, p. 77.

14. In every case where any new building or new Notice to structure is erected at a distance in any direction from comply with preceding the centre of the roadway of any street or way less than section. the distance permitted under this Part of this Act or contrary to the conditions and terms (if any) subject to which the Council or the tribunal of appeal has sanctioned the erection of such building the Council may serve a notice upon the owner or occupier of the said building or structure or upon the builder requiring him to cause such building structure forecourt or space or any part thereof to be set back so that every part of any external wall of such building or structure or of the external fence or boundary of such forecourt or space shall be at a distance in every direction from the centre of the roadway of such street or way not less than the distance so permitted and shall be in accordance with such conditions and terms (if any) as the Council or the tribunal of appeal may have prescribed.

New building or new structure. See the note under the heading 'new building' to section 13, ante, p. 63; and with regard to this section see the preceding section and the notes thereto.

57 & 58 Vict. c. ccxiii.

s. 15.

As to compensation in certain cases.

Owner or occupier.-Both these terms are defined by sect. 5, see subsects. 29 and 30 of that sect., ante, pp. 25 and 32.

Tribunal of Appeal.-This tribunal, which is constituted by sect. 175, post, has power under sect. 183, upon appeal to it under sect. 19, to hear and determine such appeal, and to confirm, reverse, or vary any decision which is the subject-matter of such appeal, and to make any such order as it may think fit.

Notices.-Notices under the Act are to be in writing, and when issued by the Council will be sufficiently authenticated if signed by its clerk or by the officer by whom they are given or served, see sects. 187 and 188, post, pp. 273 and 274, with regard to the method in which notices under the Act are to be served.

By sect. 200 (2), post, p. 283, every person who neglects or refuses for twenty-eight days after the service of a notice under this section to comply with the requirements of such notice, or after the expiration of such period fails to carry out or complete the works necessary for such compliance within the time limited in the notice, is rendered liable to a penalty of not less than forty shillings, and not more than five pounds, and to a daily penalty of not less than ten shillings, and not more than forty shillings. Such penalties do not attach, however, in the case of a way which is not a highway, so long as it is not opened as a highway. See the proviso to the subsection.

15. In any case where

(1) The Council under this Part of this Act make it a condition of their sanction to

(a) the formation or laying out of any street for carriage traffic over land which either at the commencement of this Act or at any time within seven years previously has or shall have been occupied by buildings or by market garden; or (b) the adaptation or use for carriage traffic of any street or way not previously so adapted or used that the street or way shall be throughout or in any part of a greater width than forty feet; or

(2) The Council determine that the prescribed dis

tance from the centre of the roadway shall be greater than twenty feet;

the Council shall be liable to pay to the owner of land or buildings required for such greater width or such greater prescribed distance compensation for the loss or injury (if any) sustained by him by such requirement The amount of such compensation if not agreed within two months from the time of such condition being made or determination arrived at may (unless the Council

c. ccxiii.

s. 16.

waive the condition or determination) be recovered in a 57 & 58 Vict. summary manner except where the amount of compensation claimed exceeds fifty pounds in which case the amount thereof shall be settled by arbitration according to the provisions contained in the Lands Clauses Acts which are applicable where questions of disputed compensation are authorised or required to be settled by arbitration and for that purpose those Acts so far as applicable shall be deemed to be incorporated with this Act:

Provided always that within two months from the time of such condition or determination being made or arrived at if the amount of such compensation has not been settled before the expiration of such time it shall be lawful for the Council to waive such condition or determination Provided also that if the Council waive such condition or determination they shall pay to the owner the reasonable costs charges and expenses incurred by him in consequence of such condition or determination and in connection with the negotiations for the settlement of the amount of compensation:

For the purpose of this section the expression 'owner' has the same meaning as in the Lands Clauses Acts.

Formation, &c. of street. The power to sanction the formation or laying out of a street, or the adaptation of a street or way for carriage traffic, subject to its being widened to a greater width than 40 feet, is contained in sect. 12, ante, p. 60; and the power to increase the prescribed distance from the centre of the roadway at which buildings may be erected in any case is contained in sect. 13 (2), ante, p. 62.

Owner. For the meaning of this term, see sect. 5 (29), ante, p. 25, and the notes thereto; see also the note under the heading 'arbitration' to the present section, infra.

Recovered in summary manner.-I.e. in manner directed by the Summary Jurisdiction Acts; see sect. 166, post, p. 254.

Arbitration. The provisions of the Lands Clauses Acts referred to in the section are sects. 25 to 37 of the Lands Clauses Act, 1845 (8 Vict. c. 18), which will be found in the Appendix, post, together with the provisions of the Arbitration Act, 1889, applicable to arbitrations thereunder. The definition of the terin owner in sect. 5 (29), ante, p. 25, of the present Act is by sect. 3 of the Lands Clauses Act, 1845, limited for the purposes of sect. 15 of the present Act to persons or corporations who, under the provisions of this Act, are enabled to sell and convey lands to the County Council.

'Months'—i.e. calendar months; see the note under this heading to sect. 10, ante, p. 58.