The first is where the door, gate or bar has been placed before the passing of the Towns Improvement Clauses Act in 1847, in which case the “commissioners may alter the same, so that no part thereof when open shall project over any public way.” This duty of course rests with the town surveyor, and in many cases it is not easy of execution, as structural difficulties may have to be encountered and overcome.
In the second case, where the door, gate or bar has been placed since the passing of the Act in 1847, certain penalties are incurred by the occupier or owner, and the commissioners may also alter the door, gate or bar at his expense.
The following specimen form of notice to be served in connection with a case of this description may be of use:
Town Surveyor’s Office.
Sir,
I beg leave to give you notice that of the premises in your occupation opens outwards, and when open, projects into the street called or known as .
I have therefore to require that you will be good enough to have such altered so that it shall not open outwards into the said street, within eight days next after your receipt of this notice.
I beg leave also to give you notice that if you neglect to make the alteration required within the period specified by this notice, you render yourself liable to a penalty of 40s., and I shall proceed to make the necessary alterations, and recover the costs and penalties from you as the law directs.
I am, Sir, your obedient Servant,
______________________________
Town Surveyor.