or steam may be placed from any combustible materials shall not apply in the case of pipes for conveying hot water or steam at low pressure.

PART III.

Section 17.

17. Where a building or structure is ruinous, or so far dilapidated Dilapidated as thereby to have become and to be unfit for use or occupation, or and neglected is from neglect or otherwise in a structural condition prejudicial to buildings. the property in or the inhabitants of the neighbourhood, the board may make complaint thereof to a justice of the peace, who shall thereupon issue a summons requiring the owner and occupier of such building or structure, hereinafter referred to as a "neglected structure," to appear, at a time and place to be stated in the summons, to answer such complaint, and if at the time and place appointed in such summons the said complaint is proved to the satisfaction of the justice before whom the same is heard, such justice may, if he sees good cause, order the owner(d) or, on his default, the occupier to take down or repair or rebuild the neglected structure or any part thereof, or to fence in the ground upon which the same stands, or any part thereof, or otherwise to put the same or any part thereof into a state of repair and good condition, to the satisfaction of the Board, within a reasonable time to be fixed by the order, and may also make an order for the costs incurred up to the time of the hearing.

If the order is not obeyed the board may, with all convenient speed, enter upon the neglected structure or such ground as aforesaid and execute the order.

Where the order directs the taking down of a neglected structure or any part thereof, the board, in executing the order, may remove the materials to a convenient place and (unless the expenses of the board under this section in relation to such structure be paid to them within fourteen days after such removal) sell the same as they think fit.

All expenses incurred by the board under this section in relation to a neglected structure may be deducted by the board out of the proceeds of such sale, and the balance (if any) shall be paid by the Board on demand to the person entitled thereto, and in case such neglected structure or some part thereof is not taken down, and such materials are not sold by the board, or in case the proceeds of the sale of the same are insufficient to defray the expenses incurred by the board as aforesaid, the board may recover such expenses or such insufficiency from the owner of such neglected structure, together with all costs and expenses in respect thereof, in like manner as if the saine were a penalty imposed by this Act, but without prejudice to his right to recover the same from any lessee or other person liable to the expenses of repairs.

18. Where under the provisions of the Metropolitan Building Act, Provisions 1855, and the Acts amending the same, with respect to dangerous for better structures, or under the provisions of this Act with respect to securing payneglected structures, the board have incurred any expenses in respect ments to of any dangerous structure or any neglected structure, and have not board of been paid or have not recovered the same, the board may, after expenses giving notice of their intention to do so, in manner hereinafter mentioned, to the owner of such dangerous or neglected structure, apply to a justice of the peace, at the time and place named in such notice, for an order fixing the amount of such expenses and the costs

(d) As to who is liable as owner see note to 18 & 19 Vict. c. 122, s. 73,

ante.

incurred by

board in respect of dangerous or neglected

structures.

PART III.

of such application, and directing that no part of the land upon which such dangerous or neglected structure stands or stood shall be Section 18. built upon, or that no part of such neglected structure, if repaired or rebuilt, shall be let for occupation until after payment to the board of the amount of such expenses and costs as fixed by such order; and such justice, on proof of such expenses having been incurred by the board, and after hearing the parties appearing before him, may make such order as aforesaid, and thereupon and until payment to the board of the amount fixed by such order no part of such land shall be built upon, and no part of such neglected structure so repaired or rebuilt shall be let for occupation.

As to summonses and

cases of dangerous

Every such order shall be signed in duplicate by such justice, and one of such orders shall be retained by the officer of the court in which such justice made the same and the other of such orders shall be kept at the office of the board.

The board shall keep at their principal office a register of all such orders as may from time to time be made under the authority of this section, and shall keep the same open for inspection by all persons at all reasonable times, and any such order not entered in such register within ten days after the making of the same shall cease to be of any force or effect.

A notice of the intention to make an application for any such order may be printed or written, or partly printed and partly written.

19. Any summons or notice under this Act with respect to a notices in the dangerous or neglected structure shall be served or given in accordance with the provisions of section ninety-eight of the Metropolitan Building Act, 1855: Provided always, that where the owner of any such dangerous or neglected structure is not known to or cannot be found by the board or their officers, any such summons or notice shall be deemed to be duly served or given if a copy of the same be posted in a conspicuous place on such dangerous structure or neglected structure, or on the land whereon it stands or stood, at least two months before the time named in such summons or notice for the hearing of such complaint or for the making of such application.

and neglected structures.

Proceedings

as to irregular buildings, &c.

Provisions as to settlement of differences between building and adjoining

owners.

20. Proceedings with respect to any irregular building or structure shall not be prejudiced or affected by the removal or falling in of the roof of such building or structure.

21. Where in any case not specially provided for by the Metropolitan Building Act, 1855, a difference has arisen between a building owner and an adjoining owner in respect of any matter arising under the said Act, and both parties have concurred in the appointment of one surveyor for the settlement of such difference in manner prescribed by section eighty-five of the Metropolitan Building Act, 1855, then and in every such case, if such surveyor refuses or for seven days neglects to act, or dies, or becomes incapable to act before he has made his award, the matters in dispute shall be determined, under the provisions of the said section, in the same manner as if such single surveyor had not been appointed.

When any such difference as aforesaid has arisen and each party has appointed a surveyor for the settlement of such difference in manner prescribed by the said section, and a third surveyor has been selected, then and in every such case, if such third surveyor refuses or for seven days neglects to act, or before such difference is settled dies or becomes incapable to act, the two surveyors shall forthwith, after such refusal, neglect, death, or incapacity, select another third

surveyor in his place, and every third surveyor so to be selected as aforesaid shall have the same powers and authorities as were vested

PART III.

in the third surveyor at the time of such his refusal, neglect, death, Section 21. or incapacity as aforesaid.

When any such difference as aforesaid has arisen, and each party has appointed a surveyor for the settlement of such difference in manner prescribed by the said section, then, if the two surveyors so appointed refuse or for seven days after request of either party neglect to select a third surveyor or another third surveyor in the event of the refusal or neglect to act, death, or incapacity of the third surveyor for the time being, one of Her Majesty's principal secretaries of state may, on the application of either party, select some fit person to act as third surveyor, and every surveyor so selected as aforesaid shall have the same powers and authorities as if he had been selected as a third surveyor by the two surveyors so appointed by the parties.

When any such difference as aforesaid has arisen, and each party has appointed a surveyor for the settlement of such difference in manner prescribed by the said section, then and in every such case, if before such difference is settled any such surveyor so appointed as aforesaid by either party dies or becomes incapable to act, the party by whom such surveyor was appointed may appoint in writing some other surveyor to act in his place, and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so, the remaining or other surveyor may proceed ex parte, and the decision of such remaining or other surveyor shall be as effectual as if he had been a single surveyor in whose appointment both parties had concurred, and every surveyor so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former surveyor at the time of such his death or disability as aforesaid.

When any such difference as aforesaid has arisen, and each party has appointed a surveyor for the settlement of such difference in manner prescribed by the said section, then and in every such case, if either of the surveyors refuses or for seven days neglects to act, the other surveyor may proceed ex parte, and the decision of such other surveyor shall be as effectual as if he had been a single surveyor in whose appointment both parties concurred.

PART IV.

22. Every penalty imposed by Part II. of this Act may be recovered Recovery of by summary proceedings before any justice in like manner and subject penalties. to the like right of appeal as if the same were a penalty recoverable

by summary proceedings under the Metropolis Management Act, 18 & 19 Vict. 1855, and the Acts amending the same; and every penalty imposed c. 120. by Part III. of this Act may be recovered by summary proceedings before any justice in like manner and subject to the like right of appeal as if the same were a penalty recoverable by summary pro

ceedings under the Metropolitan Building Act, 1855, and the Acts 18 & 19 Vict. amending the same: Provided always, that in any proceedings against c. 122. any person for more than one penalty in respect of one or more breach or breaches of any provision of this Act, or of any bye-law made in pursuance of this Act, it shall be lawful to include in one summons all such penalties, and the charge for such summons shall not exceed two shillings.

23. Her Majesty's royal palaces, and all buildings, works, and ground excepted from the operation of the Metropolis Management Act, 1855, and the Acts amending the same, or of any of the said Acts, shall be excepted from the operation of the provisions of this Act which are to be construed with such Acts, and all special exemptions from the provisions of any of the said Acts shall extend to such of the provisions of this Act as are to be construed as aforesaid with such Acts.

24. Her Majesty's royal palaces, and all buildings, works, and ground excepted from the operation of the Metropolitan Building Act, 1855, and the Acts amending the same, or of any of the said Acts, shall be excepted from the operation of the provisions of this Act which are to be construed with such Acts, and all special exemptions from the provisions of any of the said Acts shall extend to such of the provisions of this Act as are to be construed as aforesaid with such Acts.

25. Nothing in this Act shall apply to the Inner Temple, Middle Temple, Lincoln's Inn, Gray's Inn, Staple Inn, Furnival's Inn, or the close of the collegiate church of Saint Peter, Westminster.

26. The provisions of sections six, seven, eight, and thirteen of this Act shall not apply to the city of London and the liberties

theroof.

27. All the costs, charges, and expenses of and incident to the applying for, obtaining, and passing of this Act shall be paid by the board.

AN ACT

FOR FACILITATING THE IMPROVEMENT OF THE DWELLINGS OF THE WORKING CLASSES IN LARGE TOWNS.(a)

38 & 39 VICT. CAP. 36.

29TH JUNE, 1875.

WHEREAS various portions of many cities and boroughs are so built, and the buildings thereon are so densely inhabited, as to be highly injurious to the moral and physical welfare of the inhabitants:

And whereas there are in such portions of cities and boroughs as aforesaid a great number of houses, courts, and alleys which, by reason of the want of light, air, ventilation, or of proper conveniences, or from other causes, are unfit for human habitation, and fevers and diseases are constantly generated there, causing death and loss of health, not only in the courts and alleys but also in other parts of such cities and boroughs:

And whereas it often happens that owing to the above circumstances, and to the fact that such houses, courts, and alleys are the property of several owners, it is not in the power of any one owner to make such alterations as are necessary for the public health:

And whereas it is necessary for the public health that many of such houses, courts, and alleys should be pulled down, and such portions of the said cities and boroughs should be reconstructed:

And whereas in connection with the reconstruction of those portions of such cities and boroughs it is expedient that provision be made for dwellings for the working class who may be displaced in consequence thereof:

(a) See section 2 as to application of the Act to certain districts and places by name, and to others according to population. The Acts confirming the improvement schemes promoted by the Metropolitan Board of Works as the local authority of the metropolis (exclusive of the city of London and its liberties), on the 31st December, 1878, were the Metropolis (Whitechapel and Limehouse) Improvement Scheme Confirmation Act, 39 & 40 Vict. c. 200; Metropolis (Golden Lane, &c.) Improvement, &c., Act, 40 & 41 Vict. c. 100; Metropolis (Goulston Street, &c., Whitechapel) Improvement, &c., Act, 40 & 41 Vict. c. 103; Metropolis (Great Wild Street, &c.) Improvement, &c., Act, 40 & 41 Vict. c. 133; Metropolis (Bowman's Buildings, &c., Islington) Improvement, &c., Act, 41 & 42 Vict. c. 112. This Act was amended by the Artizans and Labourers Dwellings Improvement Act, 1879 (42 & 43 Vict. c. 63), 45 & 46 Vict. c. 54, Part I., and 48 & 49 Vict. c. 72, and is to be read with them as one Act. For the Acts themselves see post.