(Secs. 74. 75) Building, &c. and inspect the same or any Part thereof; and if it shall appear Alteration of to the said Surveyor that there is any Work or Materials in the if necessary. external or party Walls or main Timbers or Roofs thereof, used in the building, rebuilding, or Alteration thereof, contrary to the Meaning of this Provision, the Owner of such House or other Penalty for Building who shall not take down such Work or Materials within veyor's Notice. One Week after Notice given to him for that Purpose by the Commissioners Surveyor shall be liable to a Penalty not exceeding One Pound for every Day that such Work or Materials shall remain contrary to the Provisions herein contained. And with respect to Cellar Dwellings, be it enacted, neglect of Sur Cellar Dwellings. Section 67 of 11 ard 12 Vict. c. 63. incorporated with this Act. LXXV. That the Section numbered 67 of "The Public Health Act, 1848," shall be incorporated with this Act; but the Commissioners shall give Notice of that Provision, instead of the Notice of this Churchwardens and Overseers of the Poor. Clause by newly built not Dwelling Rooms. No Cellars, &c. to be let except Conditions, as to lation, area, LXVII. And be it enacted, That it shall not be lawful to let or occupy or suffer to be occupied separately as a Dwelling any Vault, Cellar, or underground Room built or rebuilt after the passing of Cellars, &c. this Act, or which shall not have been so let or occupied before to be let as the passing of this Act; and it shall not be lawful to let or continue to let, or to occupy or suffer to be occupied, separately as a Dwelling, any Vault, Cellar, or underground Room whatsoever, unless the same be in every Part thereof at least Seven Feet in under certain Height, measured from the Floor to the Ceiling thereof, nor unless height, light, the same be at least Three Feet of its Height above the Surface fire-place, ventiof the Street or Ground adjoining or nearest to the same, nor steps, drains, privies, ash-pits, unless there be outside of and adjoining the same Vault, Cellar, or &c. Room, 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 or Ground, 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 is One Foot at least below the Level of the Floor of such Vault, Cellar, or Room, nor unless there be appurtenant to such Vault, Cellar, or Room the Use of a Watercloset or Privy and an Ashpit, furnished with proper Doors and Coverings kept and provided according to the Provisions of this Act, nor unless the same have a Fireplace with a proper Chimney or Flue, nor unless the same have an external Window of at least Nine Superficial Feet in Area clear of the Sash Frame, and made to open in such Manner as shall be approved by the Surveyor, 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 Case the external Window may (Secs.75 76.) Penalty for neglect, &c. Area steps, &c. Meaning of occupied as a Dwelling. Act not to come into operation until the Expiration of a certain Time, in case of Cellars, &c. already occupied as Dwellings. Church wardens, &c. to give Notice of Enactment. Fires and Smoke. Sections 30 to 33 of 10 and 11 Vic. c. 89. incorporited with this Act. Penalty for setting Chimneys wilfully on fire. be of any Dimensions, not being less than Four Superficial Feet in Area clear of the Sash Frame; and whosoever lets, occupies, or continues to let, or knowingly suffers to be occupied, for Hire or Rent, any Vault, Cellar, or underground Room, contrary to this Act, shall be liable for every such Offence to a Penalty not exceeding Twenty Shillings for every Day during which the same continues to be so let or occupied after Notice in Writing from the Local Board of Health in this Behalf: Provided always, that in any Area adjoining a Vault, Cellar, or underground Room there may be Steps necessary for Access to such Vault, Cellar, or Room, if the same be so placed as not to be over, across, or opposite to the said external Window, 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 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: Provided also, that every Vault, Cellar, or underground Room in which any Person passes the Night shall be deemed to be occupied as a Dwelling within the Meaning of this Act: Provided also, that the Provisions of this Act with respect to the Letting and Occupation of Vaults, Cellars, and underground Rooms shall not, so far as the same relate to Vaults, Cellars, and underground Rooms which shall have been let or occupied as Dwellings before the passing of this Act, come into force or operation until the Expiration of One Year from the passing of this Act, nor within any District until the Expiration of Six Months from the Time when this Act shall have been applied thereto; and all Churchwardens and Overseers of the Poor shall from Time to Time after the passing of this Act cause public Notice of the Provisions of this Act with respect to the Letting and Occupation of Vaults, Cellars, and underground Rooms to be given in such Manner as may appear to them to be best calculated to make the same generally known. And with respect to Fires, and the Prevention of Smoke, be it enacted, LXXVI. That the following Sections of "The Town Police Clauses Act, 1847," shall be incorporated with this Act: The Section numbered 30 of the said Act: XXX. Every Person who wilfully sets or causes to be set on fire any Also the Section numbered 31 of the said Act: (Section 76.) catch fire. XXXI. If any Chimney accidentally catch or be on fire within the Penalty for accidentally allowsaid Limits the Person occupying or using the Premises in which ing Chimneys to such Chimney is situated shall be liable to a Penalty not exceeding Ten Shillings: Provided always, that such Forfeiture shall not be incurred if such Person prove to the Satisfaction of the Justice before whom the Case is heard that such Fire was in nowise owing to Omission, Neglect, or Carelessness of himself or Servant. Also the Section numbered 32 of the said Act: and Firemen by the Commis XXXII. The Commissioners may purchase or provide such Engines Fire Engines for extinguishing Fire, and such Water Buckets, Pipes, and other may be provided Appurtenances for such Engines, and such Fire Escapes and other sioners. Implements for Safety or Use in case of Fire, and may purchase, keep, or hire such Horses for drawing such Engines as they think fit, and may build, provide, or hire Places for keeping such Engines with their Appurtenances, and may employ a proper Number of Persons to act as Firemen, and may make such Rules for their Regulation as they think proper, and give such Firemen and other Persons such Salaries and such Rewards for their Exertions in Cases of Fire, as they think fit. Also the Section numbered 33 of the said Act. mitted to go be XXXIII. The Commissioners may send such Engines, with their Fire Police perAppurtenances, and the said Firemen, beyond the Limits of the yond the Limits special Act, for extinguishing Fire in the Neighbourhood of the certain Cases. said Limits; and the Owner of the Lands or Buildings where such Fire shall have happened shall in such Case defray the actual Expence which may be thereby incurred, and shall also pay to the Commissioners a reasonable Charge for the Use of such Engines with their Appurtenances, and for the Attendance of such Firemen ; and in case of any Difference between the Commissioners and the Expences thereOwner of the said Lands or Buildings, the Amount of the said Expences and Charge, as well as the Propriety of sending the said Engines and Firemen as aforesaid for extinguishing such Fire, (if the Propriety thereof be disputed,) shall be determined by Two Justices, whose Decision shall be final; and the Amount of the said Expences and Charge shall be recovered by the Commissioners as Damages. (a.) (a) See note to Section 129 of the Public Health Act, section 127, as to the recovery of these Damages, and see the mode of proceeding before Justices, section 131 of the Public Health Act, incorporated by section 127 post. of. (Secs.77.78) Sect. 108. of 10 & 11 Vict. c. 34. incorporated with this Act; Fireplaces of Factories, &c. to consume their own Smoke. Penalty. Ventilation. Also Sections 110, 111, 112, and 86 of the same Act. LXXVII. That the Section numbered 108 of "The Towns Improvement Clauses Act, 1847," shall be incorporated with this Act. CVIII. Every Fireplace (a.) or Furnace constructed after the passing of the special Act, in order to be used within the Limits of such Act in the working of Engines by Steam, or in any Mill, Factory, Dyehouse, Brewery, Bakehouse, Gaswork, or in any Manufactory whatsoever, (although a Steam Engine be not used or employed therein,) shall be so constructed as to consume the Smoke arising from the Combustibles used in such Fireplace or Furnace; and every such Fireplace or Furnace existing within the said Limits at the Date of the passing of the special Act, used for the Purposes aforesaid, not so constructed as to consume the Smoke arising from such Fireplace or Furnace, shall within the prescribed Period, or if no Period be prescribed, then within Two Years after the passing of the special Act, be so altered in its Construction as to consume such Smoke; and if after such Period any Person use for any of the Purposes aforesaid any Fireplace or Furnace not so constructed as aforesaid, or if at any Time any Person use any such Fireplace or Furnace constructed after the passing of the special Act, and not so constructed as aforesaid, or so negligently use any such Fireplace or Furnace as not to consume the Smoke arising from the Combustibles used therein, every Person so offending shall be liable to a Penalty of Forty Shillings for every Day during any Part of which such Furnace or Fireplace shall be so used and continued after One Month's Notice in Writing shall have been given to the Owner or Occupier of such Furnace or Fireplace by the Commissioners to remedy or discontinue the Use of the same. And with respect to supplying Buildings with fresh Air, be it enacted, LXXVIII. That the following Sections of "The Towns Improvement Clauses Act, 1847," shall be incorporated with this Act: The Section numbered 110 of the said Act: [a.] It has been suggested that this clause ought to have extended to every private Dwelling, as from the multitude of these more smoke arises in every town befouling the atmosphere, than there does from a few manufactories, and as the principle of smoke consumption or prevention is quite as applicable to small as to large fires. If such a Law could be carried out, its effects would be most beneficial; all the purity and benefits arising from the use of domestic fires could be obtained without the disagreeable and no doubt unwholesome effects of the smoke. Mr Smith in his work on sanatory legislation, writes that he has applied the smoke consumption principle in his house for more than ten years, and can safely say that the cleanliness and comfort arising from a total freedom from smoke and dust, and the saving of annoyance as well as expense, in never needing to have a chimney swept, are far more than sufficient to counterbalance any additional outlay in the apparatus necessary. "During those ten years" the author writes "the chimney sweeper has not once been in the house." struction of tended as Places No Person to begin to build (Section 78.) CX. Before beginning to build any Building intended to be used as Regulating Cona Church, Chapel, or School, or a Place of public Amusement or Buildinga inEntertainment, or for holding large Numbers of People for any for Public MeetPurpose whatsoever, within the Limits of the special Act, the ings. Person intending to build the same shall give Fourteen Days Notice in Writing to the Commissioners, and shall accompany such Notice with a Plan and Description of the Manner proposed for its Construction, with respect to the Means of supplying fresh Air to such Building; and no Person shall begin to build such Building until the Manner proposed for its Construction, with respect to the Means for supplying fresh Air, have been approved of by been approved the Commissioners; and in default of sending such Notice, or if sioners. any such Building be erected without such Approval, the Commissioners may cause such Building, or such Part of it as they consider necessary, to be pulled down or altered, at the Expence of the Owner, and any Expence incurred by the Commissioners in so doing may be recovered as herein-before provided with respect to ruinous or dangerous Buildings taken down or repaired by the Commissioners. (a.) Also the Section numbered 111 of the said Act: until Plan has by Commis sioners fail to Approval of Pourteen Days, CXI. Provided always, That if the Commissioners fail to signify in If CommisWriting their Approval or Disapproval of the Manner of Construc- signify their tion of such Building, with respect to the Means of supplying Plan within fresh Air shown on such Plan and Description as aforesaid, within Party may proFourteen Days after receiving such Notice, accompanied by such ceed to build. Plan and Description, the Person giving such Notice may, notwithstanding any thing herein contained, proceed to build the Building therein referred to in the Manner shown on such Plan and Description; provided that such Building be otherwise in accordance with the Provisions of this and the special Act. Also the Section numbered 112 of the said Act: Persons may Determination of Commissioners. CXII. Provided also, That if the Person so intending to build be dissatisfied with the Determination of the Commissioners as to the appeal against said proposed Manner of Construction, he shall have the same Right of Appeal against the Determination of the Commissioners, and such Appeal shall be followed by the same Incidents, as hereinbefore provided in the Case of Appeals against any Order of the Commissioners with respect to Works to be constructed by or subject to the Approval of the Commissioners. (b.) [a] The 4 Sections of the Towns Improvement Clauses Act, containg these Provisions, are incorporated by Sect. 66 ante p. 85-6. [b.] This refers to the 86th Sec. of the Towns Improvement Clauses Act, next incorporated. The word "herein-before" in this Section must be read "herein" or "hereinafter" to give any meaning to this Section, as the Section giving the Appeal is incorporated after. The Learned Coun |