Power to vestry or district board to reinstate pavement, the expenses to the parties. mentioned therein, in such and the same manner, and within such and the same time, in all respects, as if the said original notice had been given to such last-mentioned company, and they shall be liable to and shall incur the same penalties and forfeitures, on neglect so to do, as they would have incurred and been liable to if the said original notice had been given to them in manner before directed with respect to such first-mentioned company; and if the company by whom such pavement has been first taken up, and who have opened the ground, neglect to give the notice hereby required to the company to whom such pipe actually belongs, such company so neglecting shall for every such offence forfeit and pay any sum not exceeding 201. CXIV. Provided also, that whenever the permanent surface or soil of any street is broken up or opened, it shall be lawful for the vestry or district board of the parish or district in which the same is situate, in case and charge they think it expedient so to do, to fill in the ground and to make good the pavement or surface or soil so broken up or opened, and to carry away the rubbish occasioned thereby, instead of permitting such work to be done by the company or person by whom such surface or soil is broken up or opened; and the expenses of filling in such ground and of making good the pavement or soil so broken up or opened shall be repaid, on demand, to the vestry or board by such company or person. Power for vestry or district board to contract with company for restoring pavements. CXV. It shall be lawful for the vestry or district board of any parish or district to contract and agree, for any term of years or otherwise, with the several companies or persons authorized to take up any of the pavements or other formed surface of any of the streets within such parish or district, for the filling in, paving, and restoring of such parts of the said streets as may be from time to time required to be taken up for the pur pose of laying, altering, or repairing any pipes or other like purpose. streets. CXVI. Every vestry and district board shall have full As to the power and authority to cause all or any of the streets in watering of their parish or district to be watered as often as they think fit, and also to cause any wells to be dug and sunk in such public places as they think proper, and also to erect and fix any pumps in any public places, for the gratuitous supply of water (i) to the inhabitants of the parish or district. district ways to be CXVII. Every vestry and district board shall cause Vestry or any footway within their parish or district to be scraped, board to swept, or cleansed in such manner and at such times as cause footthey think fit; but this enactment shall not relieve any cleansed. occupier of any house or building or any company whatsoever from any liability (k) to scrape, sweep, or cleanse, or cause to be scraped, swept, or cleansed, any part of any such footway, or from any penalty for neglect so to do. district CXVIII. It shall be lawful for every vestry and dis- Vestries and trict board to appoint and pay, or for two or more ves- boards may tries and district boards to unite, when necessary, in appoint and appointing and paying, suitable persons to cleanse and sweepers. sweep, and to keep properly cleansed and swept daily, (i) See proviso to sect. 150, prohibiting boards and vestries from using or permitting the use of any of the works therein described for carrying water by supply-pipes to any house or factory for domestic, manufacturing, or commercial purposes. By the 25 & 26 Vict. c. 102, s. 67, they may, subject to the conditions expressed, compel a supply of water for houses; and sect. 70 enables them to provide and maintain drinking fountains. (k) See the provisions in 57 Geo. 3, c. 29, s. 63, relative to the sweeping and cleansing of footways, and the penalties for neglecting to sweep and cleanse footways in the Metropolitan Police Act, 2 & 3 Vict. c. 47, s. 60. E 3 pay crossing Owners, &c. to remove future pro notice from vestry or district board (a). crossings for passengers over the streets and public thoroughfares within their respective jurisdictions, and in such situations as the said vestries or district boards may from time to time fix and determine, which persons so appointed shall be distinguished by their dress or some distinctive mark as public servants. CXIX. If any porch, shed, projecting window, step, cellar door or window, or steps leading into any cellar or jections, on otherwise, lamp, lamp post, lamp iron, sign, sign post, sign iron, showboard, window shutter, wall, gate, fence, or opening, or any other projection or obstruction placed or made against or in front of any house or building after the commencement of this Act, shall be an annoyance (b), in consequence of the same projecting into or being made in or endangering or rendering less commodious the passage along any street (c) in their parish (a) See the 57 Geo. 3, c. 29, s. 72, containing very comprehensive and summary powers for the regulation and removal of encroachments and projections. Some of these are probably still in force, but in order to apply them with safety they ought to be very carefully compared with this and the following section, and also with the 26th sect. of the Metropolitan Buildings Act, the 18 & 19 Vict. c. 122, recognizing the legality of certain projections and regulating them. In some instances, too, the 75th section of the 25 & 26 Vict. c. 102, which see, post, as to buildings beyond the general line, may have a bearing on the subject. (b) Under this enactment it seems to be a question for the magistrate to decide whether or not the projection is, or is not, an annoyance. Gabriel v. Vestry of St. James, Westminster, 23 J. P. 372. (c) In one of the public roads of the metropolis there is a line of houses on both sides, and immediately in front of the houses, on either side, a paved footway, and between each footway and the carriage-way an intermediate space from thirtythree to fifty-eight feet wide. The occupants of these houses have used the space opposite their respective houses for the purposes of their trades, paying a small yearly rent to the lord of the manor, subject to which use by the occupiers the public have always passed over this intermediate space, where and when these obstructions would permit, as of right. On the space opposite his house a publican erected a moveable shed 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, or alter the same in the manner directed by the vestry or board; and if the owner or occupier of any such house or Penalty for neglect. 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 5l., and a further sum not exceeding 40s. 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. district board may and make CXX. It shall be lawful for every vestry and district Vestry or board, if any projection or obstruction which has been placed or made against or in front of any house or build- remove existing ing in any such street (d) before the commencement of projections, this Act shall be an annoyance as aforesaid, to cause the compensasame to be removed or altered as they think fit: Pro- tion for the vided always, that the vestry or board 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 com on sockets, with forms, which erection caused no obstruction to the paved footway. Held, that this space was not a "street" within the meaning of this Act, and that the shed was not an obstruction which might be removed by the district board, within the meaning of this and the 120th section. Semble, however, that this space had been partially dedicated to the public, and could not be considered private property without any public easement; Le Neve v. The Vestry of Mile End Old Town, 27 L. J. (N. S.) Q. B. 208. (d) See note to last section. same. Hoards to be erected during repairs. menced, and shall make reasonable compensation to every person who shall incur any loss or damage by such removal, excepting in cases where the obstruction or projection may now be removable under any Act (e), in which case no compensation shall be made. CXXI. 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 (f) 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 fence, 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 not erecting 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 Penalty on hoards. (e) At the time of the passing of this Act, the 57 Geo. 3, c. 29, referred to in note (a), p. 82, ante, did not apply to the whole of the places included within the present metropolitan limits. Certain of its provisions have since been extended to the whole of them by the Act of the last session, 25 & 26 Vict. c. 102. Some of the local Acts in force in parishes also contain provisions on this subject. (f) Compare 57 Geo.3, c. 29, s. 75, post, Appendix, as to the erection of hoards, &c. |