(6.) Blinds or Awnings over Footpaths.—
These may be dealt with as obstructions under sec. 69 of the Towns Improvement Clauses Act 1847, which I have already quoted,[145] but they are more particularly alluded to in the Police Clauses Act 1847 in the following section:
“Every person who . . . places any blind, shade, covering, awning, or other projection over or along any such footway, unless such blind, shade, covering, awning or other projection is 8 feet in height at least in every part thereof from the ground, shall be liable to a penalty not exceeding 40s. for each offence, &c.” . . . (10 & 11 Vic. c. 89, s. 28).
Thus legalising the fixing of shop-blinds, &c., provided they are at least 8 feet in height and consequently no obstruction to the traffic.
In order to make the blinds or awnings sufficiently secure where they are of large dimensions, it is very usual for the owner or occupier of the premises to which the blind or awning is to be attached, to seek and obtain the consent of the local authority to fix iron sockets in the kerb of the footpath into which iron or wood standards are inserted for the purpose of supporting the outer part of the blind or awning, and there can be no objection to this practice provided that the work is efficiently performed and to the satisfaction of the town surveyor.
(7.) Trees overhanging Roadways.—
It used formerly to be considered by road surveyors and others[146] that great injury was caused to roadways by overhanging branches of trees or bushes, which were supposed to exclude the light and air from the roadway and thus damage it, hence powers were given to local authorities, as surveyors of highways, to compel occupiers of premises adjoining the roadways to cut back and prune their trees or hedges in order to prevent this damage. The following being the form of notice usually adopted for this purpose:
To___________________________
You are hereby required to cut, prune, and trim your hedges adjoining the highway leading from to and also to cut down, prune, or lop the branches of trees, bushes and shrubs growing in or near such hedges and other fences adjoining thereto, in such manner that the said highway shall not be prejudiced by the shade thereof, and that the sun and wind may not be excluded therefrom. And you will further take notice, that if you shall neglect so to do within five days of the delivery hereof, I shall proceed to have the said hedges, trees, and bushes cut and pruned, according to the power and provisions of the various Acts of Parliament relating thereto. And further, that I shall also proceed to recover from you the penalties in this respect imposed by the said Acts of Parliament.
Dated this day of