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(4.) Vault or Cellar Coverings.—
Section 73 of the Towns Improvement Clauses Act 1847 enacts, “When any opening is made in any pavement or footpath within the limits of the special Act, as an entrance into any vault or cellar, a door or covering shall be made by the occupier[139] of such vault or cellar, of iron, or such other materials, and in such manner as the commissioners direct, and such door or covering shall from time to time be kept in good repair by the occupier of such vault or cellar: and if such occupier do not within a reasonable time make such door or covering, or if he make any such door or covering contrary to the directions of the commissioners, or if he do not keep the same when properly made in good repair, he shall for every such offence be liable to a penalty not exceeding five pounds.”
Besides the penalty, the person negligently leaving the covering in a dangerous condition would be liable to an action for damages at the suit of anyone who had sustained an injury in consequence of the covering being so kept.[140]
There is another clause incorporated in the Public Health Act 1875 from the Towns Police Clauses Act 1847 upon this subject, which is as follows:
“Every person who leaves open any vault or cellar, or the entrance from any street to any cellar or room underground, without a sufficient fence or hand rail, or leaves defective the door, window or other covering of any vault or cellar . . . . shall be liable to a penalty not exceeding 40s. for each offence, or in the discretion of the justice before whom he is convicted may be committed to prison, there to remain for a period not exceeding 14 days” (10 & 11 Vic. c. 89, s. 28).
But the former section I have quoted is that upon which the town surveyor generally acts.
In connection with this duty the following is given as a specimen notice:
Sir,
I beg to call your attention to the fact that the door or covering to the vault or cellar in your occupation, No. Street, is not in good repair (and is slippery and dangerous to foot-passengers),[141] you are in consequence liable to a penalty of 5l.