“It shall not be lawful in any urban district, without the written consent of the urban authority, to bring forward any house or building forming part of any street or any part thereof, beyond the front wall of the house or building on either side thereof, nor to build any addition thereto beyond the front of the house or building on either side of the same. Any person offending against this enactment shall be liable to a penalty not exceeding 40s. for every day during which the offence is continued after written notice in this behalf from the urban authority” (38 & 39 Vic. c. 55, s. 156).
Here some difficulty is frequently experienced as to the question if the building has really been brought beyond the common line of neighbouring buildings, especially where the houses are detached; but it is apparently left to the tribunal before whom the case is heard to decide this point, and the surveyor can only give his evidence, as in many other cases, to the best of his ability and knowledge, and trust to obtaining a verdict in his favour.
With regard to obstructions erected before the passing of the special Act, the commissioners may cause the same to be removed or altered as they think fit—
“Provided that they give notice of such intended removal or alteration to the occupier[137] of the house or building against or in front of which such alteration or removal is begun; and if such obstructions or projections shall have been lawfully made, they shall make reasonable compensation to every person who suffers damage by such removal or alteration.”[138]
Here the words “reasonable compensation” are difficult of construction and lead frequently to long litigation.
(3.) Doors or Gates opening outwards.—
Section 71 of the Towns Improvement Clauses Act 1847 enacts that “All doors, gates and bars put up after the passing of the special Act within the limits thereof, and which open upon any street, shall be hung or placed so as not to open outwards, except when in the case of public buildings the commissioners allow such doors, gates or bars to be otherwise hung or placed; and if (except as aforesaid) any such door, gate or bar be hung or placed so as to open outwards on any street, the occupier of such house, building, yard or land shall, within eight days after notice from the commissioners to that effect, cause the same to be altered so as not to open outwards; and in case he neglect so to do the commissioners may make such alteration, and the expenses of such alteration shall be paid to the commissioners by such occupier, and shall be recoverable from him as damages, and he shall in addition be liable to a penalty not exceeding 40s.”
Section 72 of the same Act further enacts, “If any such door, gate or bar was before the passing of the special Act hung so as to open outwards upon any street, the commissioners may alter the same so that no part thereof when open shall project over any public way.”
It is naturally necessary that doors or gates of all public buildings should hang so as to open outwards, so as to give a free and easy exit in case of panic, many serious accidents having arisen from a want of this precaution; but with regard to private premises the case is altogether different, and if doors and gates were allowed to open outwards, they would soon become a dangerous and intolerable nuisance.
It will be seen that there are two courses to be pursued in connection with this offence.