City of Sydney Improvement Act (1879 No 21a) (NSW)

No. XXV.

An Act to m a k e bet ter provision for the con­ struct ion of Buildings and for the safety and heal th of the Inhab i t an t s wi th in the City of Sydney. [3rd June, 1879.]

t h e City of Sydney is in m a n y respects imperfect and i t is advisable to WH E R E A S the law re la t ing to t he construction of bui ldings wi th a due regard to t he safety and hea l th of t he inhabi tan t s wi th in

a m e n d the same Be it therefore enacted by the Queen ' s Most Exce l ­ lent Majesty by and wi th the advice and consent of the Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of the same as follows :—

1. This A c t shal l come into force on t h e sixt ieth day after the

passing thereof a n d shall apply to all pa r t s of t h e City of Sydney and

m a y be cited as t he " City of Sydney I m p r o v e m e n t A c t . "

2. F rom and after t he commencement of th is Ac t t he Acts e igh th W i l l i a m the Four th n u m b e r six t he second Victor ia n u m b e r twenty-five and n in th Victor ia n u m b e r five shall be and t h e same are hereby repealed b u t such repeal shall not affect any bui ld ings par ty - walls land or premises bui l t or begun to be bui l t before the said commencemen t or any proceedings in reference the re to except as in this A c t specially provided for.

3. The words " This A c t " shall be t aken to inc lude t he several Schedules thereof and the following te rms in inver ted commas shall unless inconsis tent wi th the context or subject ma t t e r have t h e mean ings assigned to t h e m respectively :—

" Add i t ion"—Sha l l inc lude any en la rgement or al terat ion or o ther

change whatever made to or in any bui ld ing.

" A l l e y " — S h a l l include any court passage or other publ ic place

which can be used as a footway only.

" Already b u i l t " — I n reference to bui ld ings shall include all build­

ings bu i l t pr ior to th is A c t coming in to force or commenced before such t ime and covered in and rendered fit for use wi th in

s fifteen

fifteen m o n t h s thereaf ter a n d used A n d in reference to streets and alleys shall apply to all such m a d e or laid out before such date a n d which shall he formed and rendered fit for use.

" B u i l d i n g " — A n y dwell ing-house shop store warehouse church

chape l concert-room hospi ta l t hea t r e manufactory workshop stable cow-shed pr ivy or other bu i ld ing or erection whatsoever .

" Bui ld ing- l ine"—The bui lding- l ine referred to in t he procla­

ma t ion of any street such bui lding- l ine be ing measured from t h e exter ior edge of t h e curb ing as now or hereafter laid down wi thou t reference to t h e w id th of t h e carr iage-way Also t he boundary- l ine of any street which has n o t been proclaimed.

" City Counc i l "—The Munic ipa l Counci l of Sydney composed of t he M a y o r and Alde rmen in office a t the pass ing of th i s Ac t or thereafter from t i m e to t ime duly elected.

" City of S y d n e y " — T h e area comprised wi th in t h e present

boundar ies of t he city or any proclaimed extension thereof.

" C lose t "—Any closet used for t h e recept ion of faecal m a t t e r or

u r ine and discharged by wa te r or any receptacle for faecal

m a t t e r or u r ine deodorized by ear th or ashes.

" Ces sp i t "—Any cesspit t a n k or o ther receptacle for faecal m a t t e r

or u r ine no t discharged by wa te r nor deodorized wi th ear th

or ashes.

" E x t e r n a l w a l l " — S h a l l apply to every outer wall or ver t ical

enclosure of any bui ld ing not be ing a par ty-wal l .

" E l o o r " — T h e horizontal platform or platforms forming the base

of any story and t h e t imbe r or br icks or any o ther substance

cons t i tu t ing such platform.

" H e a l t h Officer"—The H e a l t h Officer appointed by t h e City

Council .

" Hereaf te r to be b u i l t " — U s e d in reference to bui ld ings shall

apply to all bui ldings commenced after th i s A c t coming in to operation or which if commenced before th i s A c t coming into operation shall n o t be covered in wi th in fifteen mon ths the re -

• after.

" I n s p e c t o r of N u i s a n c e s " — T h e Inspec tor of Nuisances appointed

by t h e City Council .

" J u s t i c e " — A n y Jus t i ce of t h e Peace .

" M a y o r " — T h e Mayor of t h e City of Sydney for t he t ime	being.
" Owner "—Sha l l apply to every person in t he receipt or ent i t led to t h e receipt e i ther of t h e whole or any par t of t h e r en t s	and

profits of any bui ld ing or premises or in t h e occupat ion of any
bui lding or premises other t h a n a t enan t from year to year or

for any less t e r m or a t e n a n t a t will.

" P r i v y " — A bui ld ing h a v i n g a cesspit.

" P a r t y - w a l l " — S h a l l apply to every wall used or bui l t in order to

be used as a separat ion of any bu i ld ing from any other bu i ld ing w i t h a view to t h e same being occupied by different persons.

" P r e m i s e s " — A n y land w h e t h e r any b u d d i n g be erected the reon

or not .

" Pub l i c w a y " — A n y road h ighway street square lane cour t alley

or o ther publ ic thoroughfare or place.

" S y d n e y " — T h e City of Sydney.

" S to ry"—To inc lude t h e full thickness of any floor as well as t he space be tween the upper surface of such floor and t h e u n d e r surface of t he floor n e x t above it or if the re be no floor above i t t h e n to t h e top of t he side-walls and if the re be no floor below t h e n the space be tween t h e surface of t h e g round

and t h e u n d e r surface of t h e floor n e x t above i t or t he top of

of t he side-walls as t h e case m a y be.

" S t r e e t " —

" S t r ee t "—To include every square circus crescent street road place row publ ic mews lane or place a long which carriages can pass or a re in tended to pass and t h a t whe the r the re can be or not in addi t ion to the carriages way a footway paved or otherwise.

" S q u a r e " — T h e word square as applied to the superficial ex tent or

area of any bui lding to contain one hundred superficial feet.

" Surveyor"—The City Bui ld ing Surveyor appointed in pursuance

of th i s Act .

" T e n a n t " — A n y person occupying any bui ld ing or premises for

the t ime being not being a bond fide servant of t he owner.

4. The Governor wi th the advice of the Execut ive Council m a y

by not ice in t h e Gazette	a t any t ime ex tend the provisions of th is A c t
to any Munic ipa l i ty in th is Colony upon t h e receipt of a pet i t ion	from

any such Munic ipa l i ty p ray ing for such extension and the reupon all t he powers rights a n d duties vested by th is Ac t in or to be performed by the Mayor and City Council of t h e City of Sydney and t h e officers to be appointed by t h e m shall vest in t h e Mayor and Counci l of such

Municipal i t ies a n d the officers to be appointed by t h e m respectively.

5. The City Counci l m a y wi th t he approval of the Governor

wi th t he advice of t he Execu t ive Counci l m a k e and publ ish in t he Gazette by-laws and may from t ime to t ime repeal or a l ter any such by- law by a new by-law so made and publ ished for giving effect to t he provisions and for carrying out t he objects of th is A c t and the product ion of a Gazette purport ing to contain any such by-law shall be evidence for all purposes of such by-law hav ing been duly made publ ished and approved Provided t h a t no such by- law shall be made un t i l t he expirat ion of two m o n t h s after a copy of the same as proposed to be so made has been publ ished once a t least in two or more news­ papers c i rcula t ing in Sydney and been delivered at the office of the City of Sydney Improvemen t Board to be appoin ted under this A c t and any person affected by any such by-law may forward notice of his objection to such Board and to t he City Council which shall t ake t he same into considerat ion Provided also t ha t copies of all such by-laws shall for thwith be laid before bo th Houses of Pa r l i ament if t hen in Session or otherwise wi th in one mon th after the commencement of the nex t ensuing Session.

6. W i t h i n one m o n t h after t h e commencemen t of this Act t h e

Governor wi th t h e advice of t h e Execu t ive Council shall appoint a Board to be called t he City of Sydney I m p r o v e m e n t Board which Board shall consist of five members of w h o m one a t least shall be a

t i t ioner which Board shall have power to de termine any quest ions	professional archi tect one a pract ical builder and one a medical prac­
concerning the execut ion of this A c t which may be b rough t before t h e m by complaint report or otherwise and such Board m a y in any par t icu la r case in which t hey t h i n k it expedient dispense wi th t he obser­ vance of any by-law subject to such conditions if any as t hey may t h i n k proper which conditions may be enforced in l ike manner as if t h e same had been enacted by a by-law duly made and publ ished as aforesaid.
7. A n y person dissatisfied wi th t he conduct proceedings or decision of any officer empowered by this Ac t to carry out its provisions may prefer a complaint to t h e Board having first given twenty-four hours wr i t t en notice of such complaint to t he person or persons complained of and the Board shall fix a t ime for the hear ing of such complaint shall examine such witnesses as may be called and shal l have full power to adjudicate upon the question or questions submi t ted for set t lement .
8. If any doubt difference or dissatisfaction in respect of any m a t t e r wi th in t he provisions of th is A c t shall arise between any parties concerned or be tween any par ty and any surveyor or be tween any two surveyors as to any act done or to be done in pursuance of this A c t or as to t he effect of t he provisions thereof in any case or as to the mode

in

in which the provisions of th is Ac t ough t to he carried into effect t h e n any such person m a y requi re t he said Board on appeal to de te rmine

such ma t t e r .

9. A n y such requisi t ion m u s t be m a d e in wr i t ing and m u s t set

for th general ly t he ma t t e r s in respect of which the de terminat ion of the Board is required and t h e decision of such Board as to all or any of t he points in difference in which such Board shall decide and as to all costs charges and expenses shall be b ind ing on all part ies to such appeal .

10.    I n every case where any act is requi red directed or pe rmi t t ed

to be done by such Board t he same may be done by any th ree members thereof a t any mee t ing to which al l t h e members have been duly sum­ moned and w h e n so done shall be as valid and effectual as if done by all and any one of t h e m m a y be appointed by the others to m a k e any inqu i ry or any survey which shall appear expedient in order to enable

t h e m to de te rmine any ma t t e r referred to t hem.

1 1 . I t shall not be lawful for any member of t he Board to ac t

the reon wi th respect to any bui ld ing of which h e is t he owner archi tec t
or bui lder or in wh ich he is in any m a n n e r personally interested.

12. The members of such Board shall receive for the i r own use a fee of one guinea each on every reference or appeal m a d e to t h e m under t h e provisions of th i s A c t (and if occupied more t h a n one hou r on t h e same shall receive a fee of two guineas each) a n d such first- ment ioned fee shall be deposited in t h e first ins tance by the par ty m a k i n g such reference or appeal before t h e same is entered upon .

13 . T h e City Council shall from t ime to t ime license persons to perform all work in connect ion wi th drainage and sewerage and no person shall be permi t ted to do or commence any work in connect ion wi th t h e construct ion en la rgement or repair of any drain leading from any bui ld ing water-closet office or stable to any common sewer or o ther out le t unless so l icensed or unde r t he immedia te control of a person so licensed and any unl icensed person not under such control who shall perform or commence such work and any person knowing ly employing such unl icensed person to perform such work except unde r such control shall be liable to a penal ty of not less t h a n forty shillings nor more t h a n five pounds for every day dur ing which such unlicensed person is employed and the City Council m a y direct all work done by such unl icensed person to be removed.

14. I t shall no t be lawful for any person to lay ou t or dispose of
or cause to be laid out or disposed of any l and for bui lding purposes

on which i t is proposed to open any road street lane or alley wi thout

first submi t t ing a p lan showing the proposed disposition of such land

and se t t ing forth t h e wid th and direction of such road street lane or

alley and a ske tch showing the proposed dra inage of such land to and obta in ing t h e approval there to of t he City Council subject to appeal from the i r decision under t h e provisions of t h e e ighth section of th is A c t A n d any person who shall act in contravent ion of t he provisions here in conta ined shall be liable to a penal ty not exceeding fifty pounds Provided t h a t if no disapproval be expressed in wr i t ing by the City Council wi th in seven days after such p lan shall have been submi t ted t h e in tended disposition of t he land may be proceeded wi th .

15 . N o dwell ing-house shall be permi t ted to be bui l t f ront ing

a lane cour t or way unless such lane cour t or way shall be of t he wid th of twen ty feet a t t he least and any person ac t ing in contravent ion of t h e provisions of th is section shall be liable to a fine of no t less t h a n forty shil l ings nor more t h a n t en pounds for each day of the con t inu­ ance of such offence after notice from t h e Surveyor.

16. After t h e commencement of this A c t all bui ldings thereafter
t o be bui l t shall be dis t inguished by and divided into t h e several rates

of classes of bui ldings in Schedules A and B of th is A c t set forth A n d

no

no such bui ld ing shall be bui l t nor shall any bui ld ing or wall (whether bui l t before t h e commencement of th is A c t or thereafter to be bui l t ) be rebui l t enlarged or a l tered (whether on old or new foundations or par t ly on old and par t ly on new foundations) so as to ex tend beyond the bui lding l ine or in any m a n n e r whatsoever except in conformity in all respects w i th th is A c t and t h e several par t icu la rs rules and directions which are specified and set forth in t h e several Schedules of this Ac t according to t h e several classes of bui ldings and the rates of such classes to which such bui ld ings are by the Schedules A and B declared to belong subject nevertheless to any other rules and directions in this Ac t contained.

17. W h e n e v e r any person is desirous of erect ing any building or

addi t ion to which t h e rules of th i s A c t a re inapplicable or as to which i t is reasonable t h a t the rules should be modified he shall m a k e an applicat ion to t he City Council s ta t ing such desire and se t t ing out a p lan of t h e proposed bui ld ing and shall give such par t iculars of t h e proposed cons t ruc t ion thereof as m a y be required by t h e said Council and the said Counci l if satisfied wi th such p lan and par t icu lars shall signify in wr i t i ng u n d e r t h e h a n d of t h e Surveyor to be appointed unde r th is Ac t the i r approval of the same and such Surveyor shall ascer ta in t h a t such bui lding is being bui l t in accordance wi th such p l an and par t icu la rs and all expenses incurred in obta in ing the approval of t he City Counci l as aforesaid and the fee of t he said Surveyor shall be pa id by t h e person so apply ing (the a m o u n t of such expenses and fees to be de termined by the said Council) and in default

of p a y m e n t m a y be recovered in a summary manner .

18. F o r t h e purposes of th is A c t t he City Council shall appoint a compe ten t surveyor to be called t he City Bui ld ing Surveyor and shall w i th in one m o n t h after t he death or removal of any such Sur­ veyor appoin t a competent person to be his successor and shall also appoint such assis tants as t hey may deem necessary.

19. The City Council shall provide an office for t he Surveyor which shall be open on such days and dur ing such hours as t he Council shall direct and all notices requi red by th is A c t to be given to t he said Surveyor shall be deemed to have been duly given or served if they shall have been delivered at t h e said office dur ing the ordinary business hours so directed as aforesaid.

20. I f t he Surveyor shall die or be suspended or removed or
shal l be p reven ted by illness absence or any o ther c i rcumstance from

a t t end ing to t he duties of his office t h e n the Mayor shal l forthwith

appoin t some o ther competen t surveyor as D e p u t y un t i l a new Surveyor

shall have been duly appointed or for so long a t ime as such Surveyor
shall be so suspended or prevented from a t t end ing to his dut ies as the

case m a y be and the reupon such D e p u t y shall perform all t he duties of t he Surveyor in all respects as if he were the Surveyor appointed by the City Council .

2 1 . The Surveyor shall see t h a t all t h e rules and regula t ions of

th is A c t are well and t r u l y observed and for t h a t purpose shall p ro­ ceed from t ime to t i m e in due course upon receipt of any not ice (or if from ignorance or neglect or from any other c i rcumstance notice of any work to be done has not been given t h e n upon such work being observed by or be ing m a d e k n o w n to h im) to inspect t he works in tended to be done or which shall have been commenced and shall cause all t he rules and directions of th i s A c t in respect thereof to be str ict ly observed and also shall a t t end and perform every th ing required of h im by th is Ac t and also shall inspect ru inous and dangerous bui ld ings a n d projections in danger a t all t imes when needful and t ake all necessary measures t he reupon and cause books for regis­ t e r ing all notices licenses informat ions and compla in ts to be a t all t imes kep t a t his office and shall enter in such books every such notice

license

l icense information or compla in t which shall be delivered or m a d e to h i m a n d any proceeding by h i m t aken and shall t a k e all necessary measures to p reven t encroachments on the publ ic thoroughfares beyond the bui ld ing- l ine of all streets.

22. U p o n the expirat ion of fourteen days after t h e roof of any bu i ld ing erected and surveyed under th is Ac t shall have been covered in a n d all the walls thereof shall have been bui l t to the i r full he igh t and the pr incipal t imbers and floors shall have been fixed in the i r places a n d upon the expira t ion of seven days after t h e comple t ion of any addit ion al terat ion and repai r and upon delivery to t h e owner or occupier or bui lder or o ther person causing such bu i ld ing to be erected or such addi t ion or a l tera t ion to be made a n account of t h e fees incur red and upon t ende r ing a receipt therefor duly signed t h e Sur­ veyor shall be ent i t led to receive on behalf of t he City Council from t h e owner or bui lder or occupier of t he bui ld ing the several fees as specified a n d set forth in Schedule G of th i s Ac t and if on t ender of such beforementioned receipt any owner bui lder or occupier who shall be liable to pay any such fees shall refuse to pay the same then t h e same

may be recovered in a s u m m a r y way.

23. N o separa te fee shall be payable in respect of any a l te ra t ion or addi t ion to any bui ld ing which shall no t increase or decrease t he ex t e rna l d imensions or mater ia l s as expressly regula ted by th is A c t or in respect of any office be longing to any bui ld ing provided such office shall be bu i l t a t t he same t ime as t he bu i ld ing to which i t m a y belong or be finished wi th in six m o n t h s after such bu i ld ing is covered in b u t t h e same shall be deemed to be included in t h e fee which m a y be due or payable for any such bui ld ing Provided however t h a t no stable cow­ shed warehouse store or workshop shall be deemed to be an office

wi th in t he m e a n i n g of th i s section.

24. Before any bui ld ing on old or new foundations or on foun­ dat ions pa r t ly new and pa r t ly old or any wal l or fence front ing t h e

bui lding-l ine of any street shall be b e g u n to be bui l t and also before any addi t ion or a l terat ion shall be m a d e to any bui ld ing and also before any o ther m a t t e r or t h i n g shall be commenced which b y th i s A c t is placed u n d e r t h e supervision of t he Surveyor t he person caus ing such bui ld ing or wal l or fence to be bu i l t or such work to be execu ted shall give to t h e said Surveyor th ree clear days not ice in wr i t ing in t he form or to t h e effect set forth in Schedule H N o . 1 and shall forward wi th such not ice a general p lan of such bui ld ing or work for t h e approva l of t h e said Surveyor who shall r e t u r n t h e said p lan w i th in

as aforesaid shall neglect to give such not ice or shall begin or allow a n y

seven days w i t h his decision endorsed thereon and if such person

person to begin to bui ld or to do any of t h e works ma t t e r s or t h ings aforesaid w i thou t giving such not ice or furnishing such p lan or before t h e expirat ion of t h e said period of t h ree days he shall for every such default be l iable to a pena l ty no t less t h a n five pounds and not exceeding t w e n t y pounds and if any such person hav ing duly b e g u n any such b u d d i n g or o ther work m a t t e r or t h i n g as aforesaid shall for a n y period exceeding one m o n t h suspend t h e progress thereof and again go on wi th t h e same t h e n two clear days before any such recommence­ m e n t or r e sumpt ion of work he shall give notice in wr i t ing to t he said Surveyor in the form or to t h e effect set forth in Schedule H No . 2 of this Ac t A n d if any such person shall neglect to give such not ice he shall for every such offence be l iable to a pena l ty of no t less t h a n two pounds and not more t h a n twen ty pounds A n d any such bu i ld ing or o ther work m a t t e r or t h i n g so b e g u n to be bu i l t pul led down rebui l t cu t in to or al tered as aforesaid or proceeded with after suspension thereof as aforesaid wi thou t such notices and p lan being given respectively as aforesaid shall be liable to be declared and abated as a

common

common nuisance unde r t he provisions hereinafter in t h a t behalf con­ ta ined Provided always t ha t if by reason of any emergency any act m a t t e r or t h i n g hereby placed u n d e r the supervis ion of t he said Sur­ veyor be required to be done immedia te ly or before such not ice as aforesaid respectively can be given t h e n any such person as aforesaid m a y do such act m a t t e r or t h i n g so requisi te b u t such person shall wi th in twenty-four hours of commenc ing such work give to t he said Surveyor not ice thereof in wr i t ing or in default be liable in all respects as if no such emergency had arisen.

25. Before any person shall commence to erect or m a k e any addi t ion to a bui ld ing of t he second or th i rd class he shall submit to the Surveyor a general plan of t h e proposed bui ld ing or addit ion (describing especially t h e proposed a r rangement s for l igh t ing vent i ­ la t ion and drainage and in t he case of t he th i rd class for the ready egress of t he public) and the reupon t h e Surveyor and t h e H e a l t h Officer m a y either approve of such p lan or otherwise and shall certify t h e same under thei r hands and r e t u r n t he same wi th in seven clays A n d any person who shall commence any such bu i ld ing or addit ion wi thou t hav ing first obtained t h e said certificate shall be liable to a pena l ty of a sum not exceeding twen ty pounds and every such bui ld ing or addition erected wi thou t such approval as aforesaid or not in accordance wi th such certificate m a y be t rea ted as a common nuisance .

26. W i t h i n seven days after any bui ld ing of t h e t h i r d class

shal l be completed and ready for use t he archi tect or o ther person in charge of such bu i ld ing shall give notice thereof to the Surveyor and the Surveyor and H e a l t h Officer shall for thwith after examina t ion

certify unde r the i r hands whe the r or not such bui ld ing is safe and fit

to be used as a publ ic bu i ld ing A n d any such archi tec t or person failing to give such notice as aforesaid shall be liable to a pena l ty of a s u m not exceeding twen ty pounds and any person al lowing such bui ld ing to be used as a publ ic bui ld ing before such certificate shall have been obtained shall be l iable to a pena l ty of t en pounds for every occasion upon which it shall have been so used.

27. I f t he Surveyor shall have reason to believe or suspect t h a t any th ing has been done con t ra ry to or not in conformity wi th this Ac t in or about any bui ld ing work or o ther t h i n g wi th in t h e operat ion of th i s A c t he shal l give a notice in wr i t ing in t h e form or to t h e effect set forth in Schedule I I No. 3 of th is A c t to the archi tect or if the re be no k n o w n arch i tec t t h e n to the builder foreman or pr incipal work­

m a n on the premises or to the owner or occupier thereof	A n d after
t h e expira t ion of forty-eight hours from the delivery of such notice as aforesaid or as soon thereafter as c i rcumstances will pe rmi t t he	said Surveyor shall proceed to inspect t h e works and if t h e work
be so far advanced t h a t he cannot ascertain whe the r t he i r regular i ty has been commit ted or no t t h e n he m a y order any work to be cu t in to laid open or pul led down which shall in his opinion preven t his ascer­ ta in ing whe the r such i r regular i ty exist or not A n d if wi th in forty- eight hours as aforesaid t h e archi tec t bui lder or o ther person to w h o m any such not ice shall have been given refuse or fail to amend any i r regular work or if any such archi tect bui lder or other person when ordered by the Surveyor refuse to cu t into lav open or pul l down any work as afore- said then as soon as convenient ly shall be t h e said Surveyor shall give information thereof to the City of Sydney I m p r o v e m e n t Board which shall proceed to hear t he m a t t e r and if any breach of t he rules regu­ lat ions and direct ions of th is Act appear to have been commi t t ed t hen the said Board shall direct and cause such bui ld ing work or o ther t h i n g or such par t thereof as they shall deem necessary to be amended removed cut into laid open or pul led down or otherwise dealt w i th so as to m a k e such bui ld ing work or t h i n g in accordance wi th th is

A c t

Act and all t he costs charges and expenses of such las t -ment ioned work and all t he costs and charges t ha t m a y be incur red shall be paid by the offending part ies and in default of paymen t t h e same shall be levied by distress and sale of t he goods and chat te ls of such archi tect bui lder or o ther persons as aforesaid and if it shall be found t h a t such bui ld ing or work has been done in conformity wi th this Ac t t he said Board may award compensation together w i th any costs charges a n d expenses as aforesaid to be paid by t h e Corporation for such in ju ry as m a y have been done in laying open pul l ing down or otherwise deal ing wi th such work.

28. A t any hour of t he day from nine in t he morn ing to five in t h e afternoon dur ing the progress of any operat ions in respect of any bui ldings or works wi th in t he operat ion of th is Act the Surveyor or any person author ized by h im m a y en te r upon the premises where such works or operat ions have been commenced A n d if at any such

t i m e whi ls t any bui ld ing is in course of const ruct ion demoli t ion

a l tera t ion or re-const ruct ion any person refuse to admi t t h e said Surveyor or any person author ized by h i m dur ing t h e cus tomary work ing hours to inspect such budd ing or if any person m a k e use of abusive l anguage and refuse or neglect to afford such Surveyor or person every assistance or information which m a y be reasonably requi red in and about such inspection t h e n the pa r ty offending shall for every such offence be liable to a penal ty of no t less t h a n two pounds nor exceeding twen ty pounds A n d if a t any t ime dur ing such cus tomary work ing hours t he said surveyor or other person be refused admi t t ance to m a k e inspection of any work t hen it shall be lawful for such Surveyor or o ther person accompanied by a member of t he Police Force to enter upon t h e ground bui ld ing and premises where t he same shall be and if necessary to remove all h indrances or obstruct ions.

29. I f u p o n the report or information of the Surveyor t he Board

shall after personal inspection be of opinion tha t any bui ld ing or wal l

or any t h i n g respectively affixed thereon or appur t enan t there to is in a

ru inous s ta te and dangerous to t he public or to t h e occupiers of t he
ne ighbour ing bui ld ings such Board m a y order t h e said Surveyor to
for thwi th repair t ake down or secure such bui ld ing wall or o ther t h i n g

or such pa r t thereof as t hey m a y deem so dangerous as aforesaid a n d
all expenses in connect ion the rewi th toge ther wi th all fees payable
unde r t he provisions of th is A c t shall be paid by t h e owner or occupier
of t h e said premises and m a y be recovered in a summary way and if
t he r e be no occupier or known owner t h e n i t shall be lawful for such

Board to direct t h a t t h e reasonable expenses be paid by the Treasurer

of t h e said City of Sydney out of t h e City F u n d and if thereafter the owner of such bu i ld ing become known or if t he bu i ld ing become occupied the said Treasurer or Surveyor shall be ent i t led to recover the a m o u n t of such expenses from such owner or occupier.

30. Al l bui ld ings or premises shall be drained and vent i la ted in
accordance wi th t he rules contained in t h e several Schedules of this A c t

and any bu i ld ing not so drained may be t rea ted as a common nuisance .

3 1 . I f t he Mayor Surveyor H e a l t h Officer and In spec to r of

Nuisances shall be of opinion t h a t any room or bui ld ing is unfit for

h u m a n habi ta t ion or for t he accommodat ion of t h e occupants thereof

e i ther wholly or in pa r t they shall cause a not ice u n d e r the i r hands to such effect to be served on t h e owner of such premises and if in the i r opinion such premises can be rendered fit for h u m a n habi ta t ion or accommodat ion as aforesaid they shall in such not ice state t he al tera­ t ions and improvements requi red by t h e m for t h a t purpose and if any such owner shall after the expirat ion of seven days from the service of such not ice or u n t i l t he required a l tera t ions and improvement s have been made to t h e satisfaction of t h e Surveyor let for h i re or occupy or

suffer

suffer to be occupied as a dwell ing or otherwise ei ther whol ly or in pa r t any such room or bui ld ing he shall for every day or n igh t dur ing which such room or bui ld ing shall r emain so occupied as aforesaid be liable to a pena l ty of a sum not exceeding twen ty pounds and not less than two pounds Provided always t ha t if t he expenses and fees aforesaid be paid by the occupier being a t enan t he shall be ent i t led to recover t he same from the landlord or owner as money paid a t his request .

32. Eve ry bui ld ing already buil t or hereafter to be bui l t shall be provided wi th sufficient privy or closet accommodat ion for the sole use of the occupants of such bui ld ing and no closet or privy shall be bui l t except in such place as shall be approved in each case by the H e a l t h Officer the Inspec tor of Nuisances and the Surveyor and every privy and cesspit shall be bui l t in accordance wi th the provisions contained in Schedule F of this Act .

33. If the Surveyor H e a l t h Officer and the Inspec tor of Nuisances shall be of opinion tha t there is no t sufficient privy or closet accommo­ dation to mee t t he requ i rements of t h e occupants of any bui ld ing or premises or of the persons employed the re in t hey shall cause a notice; to such effect to be served upon the owner or occupier of such bui ld ing or premises together wi th full par t icu la rs of t he extra accommodat ion in the i r opinion necessary A n d if any such owner or occupier shall no t wi th in t h i r t y days from the service of such notice cause the accommodat ion there in specified to be provided he shall for every day after t h e said t ime dur ing which such bui ld ing or premises shall r ema in occupied or such person be employed there in be liable to a pena l ty of a sum not exceeding twenty pounds a n d no t less t h a n two pounds A n d in all cases t he onus of proving tha t such bui ld ing or premises are not occupied or t h a t such persons are not employed there in shall be upon the said owner or occupier.

34. I f any stable cow-shed or other out-house or any closet pr ivy and cesspit shall no t be bruit in accordance wi th this Ac t and to t h e satisfaction of the H e a l t h Officer Inspec tor of Nuisances and the Sur­ veyor or is in the i r opinion a nuisance from its too close proximi ty to any adjoining premises or from any other cause or is no t kep t in repair and clean t h e said officers m a y by notice unde r the i r hands given to the; owner order t he same to be t aken down altered repaired or cleaned as t he case m a y be and if any such order be not obeyed wi th in four teen days from the service of such notice they m a y wi thout any fur ther not ice cause t h e same to be pul led down destroyed al tered

repaired or cleaned and shall be ent i t led to recover all expenses t h a t
m a y be incurred from the owner in a summary way a t the suit of

e i ther of t hem.

35 . N o stable cow-shed or other out-house shall be erected except upon a site approved of by t h e H e a l t h Officer the Inspec to r of Nuisances and t h e Surveyor and every stable cow-shed or other out­ house a l ready bui l t or hereafter to be bui l t shall be drained paved vent i la ted and provided wi th a properly cons t ruc ted pit for t he receipt of m a n u r e and dra inage therefrom to t he satisfaction of t he Surveyor .

36. The Mayor Surveyor H e a l t h Officer Inspec tor of Nuisances or any person author ized by t h e m or ei ther of t h e m shall be enti t led a t any t ime between the hours of n ine a.m. and five p .m. to enter upon any premises for t he purpose of inspect ing any port ion of t he said premises by this A c t placed under their supervision or for t h e be t te r car ry ing into effect th i s Ac t or any by-law made thereunder .

37. A n y person desirous of erect ing any awning port ico or o ther m a t t e r or t h ing over any footway shall forward a p lan and par­ t icu lars of the same to the Surveyor and the Surveyor shall wi th in three days after the receipt of such p lan and par t iculars signify in wr i t ing unde r his hand his approval or disapproval thereof and any awning

T portico

port ico or o ther m a t t e r or t h i n g hereafter erected or commenced to be erected wi thout t he approval of the said Surveyor first had and obtained shall be l iable to he deemed a common nuisance A n d every awning awning-pos t portico m a t t e r or th ing now bui l t or const ructed or here­ after to be bui l t or cons t ruc ted on or over any footway shall be kep t in such repai r as shall be satisfactory to t he Surveyor .

38. Al l bui ldings chimneys flues party-walls ex terna l walls and projections and every other p a r t of every bui ld ing of every class or r a t e and every privy closet stable cow-shed or out-house bui l t rebui l t enlarged or al tered otherwise t h a n in t he m a n n e r and of t h e mater ia l s and in every other respect according to and in con­ formity wi th th is A c t shall be deemed a common nuisance A n d if any person bui ld or begin to bui ld or cause t he bu i ld ing of or a l ter or cause to be a l tered or use or allow to be used any pa r t of any bui ld ing projection or other t h i n g contrary to th i s A c t t h e n the said bu i ld ing project ion or o ther t h i n g or such p a r t thereof so i r regular ly bui l t or begun to be bu i l t or so i r regular ly al tered or b e g u n to be al tered or so used shall be deemed a common nuisance .

39. A n y bui ld ing or p a r t of any bui ld ing now or hereafter bui l t whol ly or in pa r t of inf lammable mater ia ls Of such a charac te r and be ing in such a posi t ion as to be dangerous in respect of fire to t h e neighbourhood thereof shall be deemed a common nuisance .
40. A n y Jus t i ce shall on the compla in t of the Surveyor issue a summons (and in case of such s u m m o n s not be ing complied wi th t h e n a war ran t ) cal l ing upon the owner or if t he owner cannot be found the agen t of such owner of any bui ld ing or premises to appear before a St ipendiary Magis t ra te or two Jus t i ces to show cause why such bui ld ing or premises should no t be declared a common nuisance a n d t h e said Magis t ra te or Jus t ices shall the reupon hear and de termine t h e m a t t e r A n d if t he said bu i ld ing or premises shall be declared a common nuisance t h e n such owner or agen t of such owner shall if required enter in to a recognizance in such sum and wi th in such t ime as t h e said Magis t ra te or Jus t ices shall appoin t for aba t ing and t ak ing down the said nuisance or otherwise amend ing t h e same in accordance wi th t he provisions of th is Ac t and also for pay ing t h e costs charges and expenses of t he Surveyor in t h e said m a t t e r as allowed by the said Mag i s t r a t e or Jus t ices and if t he person so requi red shall fail to en te r in to such recognizance t h e n the said Magis t r a t e or any Jus t i ce m a y commi t such person to gaol un t i l he shall have en te red in to such recognizance or un t i l such nuisance shall have been abated demolished

and of all operations a n d proceedings in relat ion there to shall have

or amended as aforesaid and t h e costs charges and expenses thereof

been defrayed And if ne i ther t h e owner nor t he agen t of t he owner can be found the Surveyor shall apply to a st ipendiary Magis t ra te or a n y two Just ices and the said Magis t ra te or Jus t ices m a y on the appli­ cation of the Surveyor order h i m to aba te or demolish such nuisance and to sell t h e mate r ia l thereof a n d out of t he proceeds of such sale to defray his reasonable expenses incur red in carrying out such order and also t h e costs charges and expenses first hereinbefore ment ioned a n d to pay the surplus moneys (if any) to such person as the said Magis t ra te or Jus t ices may direct A n d if such proceeds as aforesaid be not sufficient for such purposes as aforesaid and if on demand such owner refuse to pay any deficiency t h e said Magis t ra te or any two Magis t ra tes may order the amoun t thereof to be levied by distress and sale of t h e goods and chat te ls of such owner.

4 1 . I t shall no t be lawful for any person to establish or to carry

on e i ther in any bui lding or vau l t or in t he open air any business for t h e manufac tu re of gunpowder or de tonat ing substances or of matches igni table by friction or otherwise or o ther substances l iable to sudden

explosion. 42.

42. I t shall not he lawful for any person to establish or to car ry on e i ther in any bui lding or vau l t or in t h e open air a t a less dis tance t h a n forty feet from any publ ic way or t h a n fifty feet from any other bui lding or any vacant land belonging to any other person t h a n the landlord any business for t h e manufac tu re of vitriol or tu rpen t ine or n a p h t h a or varnish or fireworks or oil or oil-cloth or other th ings dangerous on account of t he liability of mater ials or substances employed there in to cause sudden fire or explosion and if any person shall establish or carry on any such business cont rary to th is A c t he shall be liable for every day dur ing which such business shall be so carr ied on to a penal ty of a s u m no t exceeding twen ty pounds nor less t h a n t en pounds and t h e prosecutor shall be ent i t led also to such costs as shall be deemed reasonable.

43. The owner of any premises (hereinafter called t he bui ld ing

owner) m a y cu t break away or remove any eaves gu t t e r s cornices

chimney-breast fence or other m a t t e r or t h i n g whatsoever which projects or ex tends over his premises beyond the lawful boundary- l ine of t he adjoining owner Provided t h a t such bui ld ing owner shall seven clear days before en te r ing upon any such work give to such adjoining owner not ice in wr i t ing in t he form set forth in Schedule H No . 6 or to t h e l ike effect A n d all expenses necessarily incurred in and about such work shall be recoverable a t t he suit of such bui ld ing owner from t h e owner or occupier of such adjoining bui ld ing land or premises.

44.    W h e n e v e r any gu t t e r ing or pipe or other work is necessary

for t h e protec t ion of two adjoining bui ldings t he owner of ei ther of the bui ld ings m a y call upon the adjoining owner to pay one-half of t he expense of car ry ing out the necessary work and upon refusal or neglect so to do wi th in fourteen days such owner may provided t h a t the necessity for such work be certified to by the Surveyor cause t h e necessary work to be done and recover half t he expense incurred the re in from the owner so refusing as aforesaid.

45. If t he owner of any land (hereinafter called t h e bui ld ing

owner) is desirous of erect ing any bui ld ing or par ty-wal l the reupon and adjoining land vacan t or no t bui l t upon he shall one m o n t h before en te r ing upon any such work give t he owner or occupier of such adjoining land (hereinafter called the adjoining owner or occupier) notice in wr i t ing set t ing forth such desire and the proposed th ickness and dimensions of such par ty-wal l in the form set forth in Schedule I I No . 4 or to t he l ike effect A n d if wi th in t h e period of one m o n t h n e x t after t h e delivery of such not ice such adjoining owner or occupier	shall n o t (by notice in wri t ing) agree to have any such par ty-wal l t hen
the bui ld ing owner shall no t erect his wall so as to extend upon the
land of t he adjoining owner except so much of t he footings as are below the surface of the adjoining owners land Provided always t h a t if wi th in one m o n t h not ice in wr i t ing by such adjoining owner agree ing to t he proposed thickness and dimensions or requi r ing by not ice in wr i t ing in t he form set forth in Schedule I I No . 5 or to t he l ike effect increased th ickness or dimensions shall be given the bui ld ing owner (if he shall bui ld a par ty-wal l a t all) shall adopt such thickness or dimensions and in such case shall be ent i t led to recover from the adjoining owner or occupier a fair proport ion of t he expense of bui ld ing such par ty-wal l or all t he expense caused by such increased th ickness or dimensions as the case may be.

46. A n y owner or other person (herein called t h e bui ld ing

owner) desirous of bui ld ing t ak ing down or rebui ld ing any par ty-wal l between his own and any adjoining l and shall one m o n t h before 1 ch imney j a m b s breasts or flues of chimneys upon the l ine of junc t ion
ente r ing upon any such operations give to t he owner or occupier of such adjoining land (herein called t he adjoining owner) notice in

wri t ing

wri t ing in t h e form set forth in Schedule I I N o . 7 of th i s Act or to t he l ike effect A n d if such adjoining owner shall he desirous of hav ing t h e dimensions of such par ty-wal l or other work increased so as to render t h e same sui table for a h igher ra te of bui ld ing or of hav ing ch imney breasts j ambs flues or recesses bui l t in his pa r t thereof in accordance wi th th is A c t and shall w i th in one m o n t h after the delivery of t he said notice give to t he bui ld ing owner not ice in wr i t ing of his said desire toge the r wi th ins t ruc t ions in wr i t ing or by a p lan a n d elevation or o ther sufficient drawing then the bui ld ing owner shall (if h e proceed wi th t h e said work a t all) cons t ruct in a substant ia l and workman l ike m a n n e r such par ty-wal l and so m a n y j a m b s breasts and flues of ch imneys in all such par ts of every such par ty-wal l as m a y be by such ins t ruct ions requi red and shall also leave such recesses in every such par ty-wal l no t be ing in any respect cont rary to th is Ac t and upon such work being performed as so required such bu i ld ing owner shall be ent i t led to recover from such adjoining owner t he whole expense of such work and of t h e increased dimensions of such par ty-wal l and in case of no not ice be ing given as aforesaid a propor t ionate share of the expense of erect ing such wall according to t h e ra te of t h e bui ld ing adjoining there to w h e n such wall shall be bu i l t against or used by the adjoining owner otherwise t h a n as a fence-wall.

47. E v e r y par ty-wal l hereafter to be bu i l t and every addi t ion

which shall be m a d e there to or to any par ty-wal l which is a l ready bui l t or begun shall be bui l t and made in accordance wi th t h e direc­ t ions in th i s Ac t contained and t h e several Schedules thereof concern­ ing the par ty-wal l of t he highest r a t e or class of bui ld ing to which such par ty-wal l shall adjoin a n d t h e party-walls and external walls and ch imneys of any raised bui ld ing shall be of t h e mater ia ls and several he igh t s and thicknesses described in t he Schedules hereto for pa r ty and ex terna l walls and chimneys of t he r a t e such bu i ld ing shall be of w h e n so raised A n d t h e walls of any such bui ld ing already bui l t a l t hough no t of t he th ickness prescribed by th is A c t m a y if t he Surveyor shall t h i n k such wall sufficiently secure to allow thereof be raised to an addi t ional he igh t not exceeding twelve feet and the owner of any bu i ld ing so raised shall a t his own expense build u p t h e pa r ty - wal l between his own and any adjoining bui ld ing and all flues and ch imney stacks belonging there to a n d if a t any t ime the owner of any adjoining bui ld ing shall m a k e use of any por t ion of t he pa r t raised of such par ty-wal l by bui ld ing against i t or otherwise t h e owner of t he premises so first raised shall be ent i t led to recover t he costs of a pro­

por t iona te p a r t of the por t ion which shall be so used toge ther wi th t he	costs of such pa r t s of t h e ch imney s tack as belong there to from the
owner of such adjoining bui ld ing.
48 . Par ty-fence walls (by which t e r m is to be understood any boundary-wal l or fence pa r t ing the ground belonging to different owners or occupied by different persons) now bui l t or hereafter to be bui l t m a y be raised bui l t repaired re-bui l t or pul led down and re-bui l t by t h e owner or occupier of t he l and on e i ther side adjoining there to (herein called t he bui ld ing owner) on his giving notice in wr i t ing to t he owner or occupier of t he adjoining land (herein called t h e adjoining owner) one m o n t h before en ter ing upon any such work in t h e form set forth in Schedule H No . 8 of th i s Ac t or to t he l ike effect A n d if such adjoining owner shall desire the dimensions of such par ty- fence wall to be increased beyond t h e he igh t or thickness requi red by t h e bui ld ing owner a n d wi th in one m o n t h from the delivery of the said notice signify t he same in wr i t ing t h e n t h e bui ld ing owner shall (if he still desire to proceed wi th t he work) const ruct or bui ld such party-fence wall as by such ins t ruc t ions required provided t h e same can be done wi th safety to such wall and to any bui ldings adjacent

there to

there to h u t such party-fence wall shall no t he bu i l t upon or against or used as a wal l to a bui ld ing unless t he same be of t he materials he igh t and th ickness here in directed for pa r ty or external Avails for t he ra te or class of bui ld ing so to be erected against or upon the same and in case of t he insufficiency of such fence wall or of any party-fence for t he purposes aforesaid any adjoining owner may a t his own expense t ake down such Avail or fence and erect a new par ty or ex te rna l fence Avail in l ieu thereof m a k i n g good every damage t h a t m a y accrue to the adjoining premises by such rebui lding provided t h a t such new par ty- fence wall shall no t ex tend on the surface of such ground adjoining there to more t h a n four inches and a half if such party-fence Avail be n ine inches in th ickness no r more t h a n seven inches beyond the centre l ine of such party-fence or fence Avail for any grea ter th ickness wha t ­ ever b u t no such adjoining owner shall m a k e use of such par ty-wal l otherwise t h a n as a party-fence Avail unless he shall pay a propor t ionate share of t he whole expense of erect ing such par t s of such wall according to t h e use he shall m a k e of t he same A n d provided t h a t any person m a y with t he sanct ion of t he Surveyor raise such Avail so as to screen from view any offensive object or ne ighbourhood b u t not so as in t he opinion of the Surveyor to obs t ruct t he free circulation of t he air or to in jure the proper ty adjoining or in t he neighbourhood of such Avail Provided fur ther t h a t no th ing contained in th i s A c t shall be con­ strued to give t he Owner of any adjoining land or proper ty t he power of repai r ing pu l l ing down rebui lding or otherwise interfer ing wi th any party-fence Avail or boundary-Avail s tanding upon land wholly belonging to a n y other person.

49 . I f t he Owner of one of two adjoining buildings (herein called the bui ld ing Owner) desire to rebui ld a sound party-Avail of such adjoining bui ldings he shall three mon ths before en te r ing upon such work give not ice in wr i t ing to t he Owner of such adjoining bui ld ing in t h e form set forth in Schedule H No. 7 of this Ac t or to the l ike effect and upon the expirat ion of such t ime such bui ld ing owner may pul l doAvn and rebui ld such sound party-Avail b u t upon condition t h a t he shall re insta te and m a k e good all the in te rna l finishings and decora­ t ions of t he adjoining premises and pay all t h e costs and charges thereof and also all t he expenses incidental to a n d actual ly incurred in t he execut ion of t he work including therein the Surveyor 's fees and also such reasonable compensat ion as m a y seem proper for any loss which t h e adjoining Owner shall have incur red by reason of such work such compensat ion to be recoverable as l iquidated damages and

toge ther wi th all costs charges and expenses as aforesaid.

50. Every sound party-Avail erected or begun to be erected before t he commencement of this A c t (a l though not in accordance wi th th is Act ) m a y remain as a party-Avail un t i l both t h e houses or bui ldings to which the same belongs (or t he r ema in ing house or bui ld ing where one has already been rebui l t ) shall be rebui l t if such wall so long con­ t inue sound and no longer Provided tha t if such old party-Avail shall have any t imber or t imbers of any adjoining bui ld ing lying t h r o u g h t h e same and if when ci ther of t he houses or bui ldings to which the same belongs shall be rebui l t t h e Owner of such adjoining house or bu i ld ing will not permi t so m u c h t imber to be cut off as shall leave full four inches a n d a half of clear brick or stone work beyond t h e end of every such t imber t hen and in all such cases as aforesaid every such Avail or party-Avail shall be considered as if the same had been condemned or adjudged ru inous and shall be immediate ly t a k e n down and rebuil t according to t he several directions and r e f l a t i o n s in this Ac t contained.

51 . W h e n e v e r any one of adjoining buildings belonging to

different Owners shall be rebui l t or one of the fronts of any such bui lding be t a k e n down to t h e he ight of one story or for a space equal to one-

four th

four th of such front from the level of t h e second or g round floor upwards t h e n w i t h o u t t h e consent of any of t h e owners of t he adjoin­ ing bui ld ings t he owner of t he bu i ld ing so to be rebui l t or t aken down shal l pu l l down all pa r ty t imbers pa r ty l a th and plaster or p a r t y br icknogged par t i t ions and any wal l unde r or over t h e same and in lieu thereof shall bui ld u p a proper par ty-wal l a n d shall be ent i t led to recover from t h e several owners of t he adjoining bui ldings or premises pa r ted thereby a proport ionate pa r t of t he expense of bui ld ing the said par ty-wal l Provided always t h a t no such owner shall en ter u p o n any such work un t i l t he expirat ion of th ree m o n t h s after he shall have given to all t he owners of t h e adjoining premises to be affected thereby not ice in wr i t ing in t h e form set forth in Schedule H No . 9 or to t h e l ike effect A n d provided t h a t if t h e owner giving the said not ice do not proceed in t he said work wi th due dil igence t he adjoining owners shall severally be enti t led to receive compensat ion from h i m for any damage caused by the unnecessary delay.

52. Every good and sound t imber par t i t ion be tween houses or bui ld ings erected or b e g u n to be erected before t h e commencement of th i s Ac t m a y remain un t i l one of t he adjoining houses or bui ldings to which t h e same belongs shall be rebui l t or shall have one of the fronts which shall a b u t on such t imber par t i t ion t aken down to t he bressummer or one pair of stair floor or for a space equal to one-fourth of t h e ex te rna l surface of such front and rebui l t or un t i l such t imber par t i t ion shall be condemned pu r suan t to t h e directions herein conta ined con­ cern ing ru inous or defective par ty-wal ls and pa r ty par t i t ions a n d no longer and the owner of t h e house or bu i ld ing so to be rebui l t shall immedia te ly t ake down such t imber par t i t ion and in l ieu thereof bui ld a par ty-wal l and t h e r e u p o n such owner shall be ent i t led to recover from the owners of t h e adjoining houses or premises affected thereby a pro­

por t ionate pa r t of t h e expense of such par ty-wal l .

53 . W h e n e v e r any house or o ther bu i ld ing or premises bui l t over

a publ ic way or hav ing any rooms t h e p roper ty of different persons and ly ing in t e rmixed wi thout be ing separated by any par ty-wal l and w i t h o u t be ing arched over and unde r each other wi th br ick or s tone or br ick and stone t h r o u g h o u t shall be re-bui l t t h e n the person re­ bui ld ing shall bui ld a par ty-wal l in accordance wi th t h e provisions of th i s A c t for t he h ighest r a t e or class of bu i ld ing adjoining the re to A n d every p a r t thereof which stands over such publ ic way or thoroughfare shall be separated therefrom by a floor or

a rch formed of br ick or stone or of some o ther incombust ib le mate r ia l s

girders and br ick arches or s tone landings or by an a rch formed of

subject to t h e approval of t h e Surveyor or by a floor formed of i ron

br ick or of stone and such a rch if t h e span thereof do not exceed twelve feet shall be of t he th ickness of n ine inches a t the least and if the span exceed twelve feet of t h e th ickness of t h i r t een inches a t t h e least and t h e soffett of t he a r ch shall be no t less t h a n th i r t een feet a t t h e least from t h e pavemen t of such publ ic way or thoroughfare and such floor or a rch wi th i ts a b u t m e n t shall be bu i l t in such m a n n e r as shall be directed or approved of by t h e said Surveyor A n d the re shall no t be formed over any publ ic way or thoroughfare a ced ing of l a th a n d plaster or of l a th and cement or any t imber or combust ible mater ia l whatever Provided however t h a t any ga teway or passage on t h e g round leading t h r o u g h an ex terna l wall to t h e rear or offices of the bui ld ing t h r o u g h which such gateway or passage shall be made (but no t to any other bu i ld ing or dwell ing-house in a separate or different occupat ion) m a y be secured or arched over w i th hardwood ent i rely covered wi th cemented plas ter ceil ing and t h a t all b ressummers placed over such ga teway or passage for t he suppor t of ex te rna l or in te rna l walls shal l be arched over wi th br ick or s tone a n d t h a t such a rch shall no t

spring

spr ing off any par t of such bressummer b u t be bui l t on the walls clear of bo th ends A n d t h e person so re-bui ld ing shall be ent i t led to recover from any persons interested in t h e said house bui ld ing or premises a p ropor t iona te pa r t of t h e expenses incurred by h i m in carrying out t h e provisions of th is section.

54. I f any par ty-wal l pa r ty -a rch or external wall used wholly or in pa r t as a par ty-wal l bo so defective or so far out of repair as to render it necessary to pul l down a n d rebui ld t he same or any p a r t thereof t h e n the owner of any of t h e bui ld ings adjoining such wall or a rch m a y give to t he owner of t h e bu i ld ing adjoining there to a not ice in wr i t ing in the form set forth in Schedule H No . 10 or to t he l ike effect and also a not ice to t he Surveyor in t he form set forth in Schedule H No . 11 or to t he l ike effect a n d m a y upon the expira t ion of one m o n t h from the service of such notices respectively and upon t h e receipt of a survey certificate and award (which t h e said Surveyor is hereby authorized to give) proceed to carry out t h e said works in accordance wi th such certificate and award and in such case shall be ent i t led to recover from t h e said owner of t he bui ld ing adjoining a propor t ionate share of t he expense of ca r ry ing out t h e said work in accordance wi th th is Act .

55.    I f while any par ty-wal l against which an ex te rna l wall shall

have been bui l t cont inues sound the adjoining bui ld ing be pul led down then the owner of such adjoining bui ld ing shall no t be ent i t led to more t h a n his ju s t propor t ion of the mater ia ls and ground on which t h e said par ty-wal l was bui l t nor shall he bui ld on more t h a n his j u s t proport ion of t he said g round unless he shall have agreed wi th and satisfied the owner of t he buildings so previously rebui l t for his pa r t thereof and if t he said owners cannot agree concerning t h e division of such mater ia ls or of such g round or of t h e bui ld ing thereon con­ cerning t h e r e imbursement to t h e pa r ty first rebui ld ing as aforesaid

t h e n t h e pr ice a n d all ma t t e r s in difference inc luding t h e sale and

purchase of t h e ground in quest ion shall be set t led by arbi t ra t ion in

t he m a n n e r hereinafter provided.

56. I f the owner of one of the bui ldings par ted by any par ty-wal l rebui ld such bui ld ing of a h igher ra te and do no t pul l down such par ty-wal l and build a proper wall in l ieu thereof t h e n he shall build u p a n ex te rna l wall against such party-wall .

57. I f any opening be hereafter made in any ex terna l wall wi th­

ou t t he consent in wr i t ing of the owner of t h e adjoining land and	the
owner causing such opening to be m a d e shall no t wi th in one m o n t h	after
receipt of a not ice in t he form set forth in Schedule H No . 12 or to	t he l ike effect cause such opening to be stopped u p wi th br ick or stone
work or o ther mater ia l t hen the said owner of the adjoining l and may cause such openings to be effectually stopped and do all t h ings neces­ sary for such purpose a n d shall be ent i t led to recover all t h e costs thereof and in connect ion the rewi th from the said owner causing such openings to be made .
58. I t shall be lawful for t he surveyor or persons appointed by h i m to enter upon any adjoining land or premises for t he purpose of car ry ing out any works necessary for t h e protect ion securi ty or repair of any bui ld ing wall or fence or for pul l ing down any such bui ld ing wall or fence as may be deemed dangerous or for t h e purpose of performing any work author ized by th is Ac t Provided t h a t such person shall seven days before so en ter ing give notice in wr i t ing to t he owner and occupier thereof in t he form set forth in Schedule I I No. 13 or to the l ike effect A n d such person shall cause such works to be carr ied out wi th all due dispatch and shal l t ake every reasonable precaut ion to prevent any damage being done to any bui ld ing m a t t e r or t h ing in or on such adjoining land or premises and shall if requested immediate ly m a k e

good

good any damage (if any) done in ca r ry ing out such works and if such person neglect or refuse to immediate ly m a k e good such damage t h e n the owner or occupier of such adjoining premises may cause t he same to be executed a t t he risk and expense of such person and such expenses and such costs as may be incurred shall be recoverable in the m a n n e r directed for t h e recovery of t he costs and expenses of execu­ t i n g works in pursuance of th is Act .

59. The owner of any premises or land (hereinafter called the bui ld ing owner) may if necessary excavate or dig out t he g round against t he wal l of any bui ld ing adjoining such l and for t h e purpose of erect ing a wal l thereon or for any o ther purpose Provided t h a t the said bu i ld ing owner do at his own cost shore up and unde rmine and underp in such wall or such par ts thereof to its full th ickness and to t h e full depth of such excavat ion wi th good sound bricks or s tone a n d t i les irons or slates bedded in cement or wi th o ther proper and suffi­ c ient mater ia l and in a workmanl ike substant ia l m a n n e r to the satisfaction of t h e Surveyor A n d if for t he purpose of erect ing such ex te rna l wall it shall be necessary to cu t away pa r t of the footings of such wall on t he side nex t to t he wall so to be built or any par t of t he ch imney breasts and ch imney shafts or other projections belonging to t he bui ld ing as shall project beyond the vert ical face of such wall t h e n on giving notice of such in ten t ion in wr i t ing to the Owner of t h e adjoining bui ld ing a t least one week before commencing opera­ t ions in t he form set forth in Schedule H No. 14 (or to t he like effect) t he said bu i ld ing owner may on the expira t ion of such not ice cu t away such por t ion of t h e footings breasts and ch imney shafts or o ther projections aforesaid b u t so t h a t t he same be done and the br ick or s tone work where cut b roken away or damaged be again made good in cemen t or o ther approved mater ia ls t he said bui ld ing owner us ing reasonable care b u t a t the cost and risk of t he adjoining Owner.

60. I f t he adjoining Owner shall before the expirat ion of such not ice as last aforesaid give not ice in wr i t ing to t he bui ld ing owner t h a t he desires to cu t away such footings ch imney breasts or other project ions he shall be ent i t led to do so a t his Own costs Provided t h a t if such work shall no t be completed by h i m within one m o n t h after such expira t ion as aforesaid the bui ld ing Owner may proceed to do or complete t he same as in t he last section enacted.

6 1 . I f a t any t ime any damage or in jury be caused to any p a r t

of a n adjoining bui ld ing or to t he in te rna l decorat ions or furni ture
goods wares or merchandize of or in such bui ld ing by the falling down

from any other bu i ld ing of any por t ion thereof or any t h i n g annexed

or a p p u r t e n a n t the re to (except any such p a r t of a party-Avail as shall be long to and be used as such by t h e owner of t h e bu i ld ing so damaged) t h e n t h e Owner of t he bu i ld ing from which such por t ion or t h ing shal l fall shall re imburse t he owner or occupier of the bui ld ing so damaged all t h e expenses which he m a y incur in m a k i n g good such injury or

damage t h e a m o u n t of	such	expense to	be	set t led b y arb i t ra t ion	as
hereinafter provided.

62. W h e r e v e r by v i r tue of th is A c t any person is ent i t led to

recover from an adjoining Owner or o ther person any compensat ion or the costs charges or expenses of any work or a propor t ionate pa r t of such costs charges or expenses such person so ent i t led shall wi th in fourteen days after t h e complet ion of such work deliver to such adjoin­ ing Owner or o ther person an account in wr i t ing of t h e costs charges or expenses of incidental to or in connect ion wi th such work inc luding all p re l iminary and incidental operat ions and every such account shall con ta in a t rue account first of the n u m b e r of rods and par ts of rods of b r ickwork and all d igging and excavations and concrete (if any) stone- work and other requis i te mater ia ls and of t h e labour requi red in execut ing

so

so m u c h of t h e work as such adjoining owner or o ther person shall be l iable to pay and of t he respective prices thereof and secondly of any deduct ions which such adjoining owner shall be ent i t led to m a k e there ­ from on account of t he old mater ia ls of so m u c h of t h e wall or other s t ruc tu re pul led down which shall have belonged to h im and also a t rue account of t h e expenses of all other pre l iminary and incidenta l operat ions and all such works shall be es t imated and valued in every such account a t such rates and prices as shall be cur ren t for such work a t t h e t ime of the i r erection A n d if wi th in t en days from the delivery of such account such adjoining owner or other person be dissatisfied wi th t h e proport ion of t he a m o u n t thereof charged to h im then the m a t t e r in dispute shall be heard and determined by arb i t ra t ion in m a n n e r hereinafter provided.

63.    Wheneve r by this Ac t any m a t t e r is required to be referred to

or to be de termined by arbi t ra t ion each person interes ted in t he ma t t e r

in dispute shall wi th in two m o n t h s appoint one bui ld ing surveyor or archi tect as arbi t ra tor and such arbi t ra tors shall before en ter ing upon

the said arbi t ra t ion appoint some th i rd bui ld ing surveyor or archi tect to act as umpi re in case they shall disagree and t h e decision of t he said arbi t ra tor or umpi re as t h e case may be shall be final and conclusive be tween the par t ies Provided t h a t in case t he said arbi t ra tors shall refuse or for two weeks after thei r appo in tment neglect to appoint an umpi re t hen on the appl icat ion of e i ther par ty to t he said arbi t ra t ion t he Surveyor shall appoint some duly qualified person to ac t as ump i r e in t he premises A n d provided fur ther t h a t if only one a rb i t ra tor shall be appointed wi th in t he appointed t ime his sole decision shall be as final as t h o u g h he were a duly appointed umpi re and h a d given his decision as such.

64. The arbi t rators or umpi re as t he case may be shall m a k e their

award wi th in one m o n t h from the t ime of t he reference to arbi t ra t ion unless they or he shall see fit by wr i t ing under the i r or his hands to extend the t ime for any period no t exceeding two m o n t h s and in such award it shall be directed how when and by w h o m the a m o u n t the reby declared payable and the cost and expenses of the said arbi t ra t ion shall be paid and such award may be made a rule of t he Supreme Cour t .

65. I n t he absence of any covenant or agreement to t he contrary between the par t ies i t shall be lawful for any occupier to deduct from the rents due or to become due from h i m to his lessor or landlord the amoun t of any bui ld ing fees and other fees costs charges and expenses paid by h i m as occupier by v i r tue of this Ac t and t h e costs charges and expenses of any distress or sale made on h im t h r o u g h the default of his lessor or landlord and the receipt for such paymen t shall be a
sufficient discharge to any occupier for so m u c h money as he shall have
so paid or which shall have been so levied on his goods and chattels in

pursuance of t he A c t and shall be allowed by such lessor or landlord in pa r t or in full paymen t (as t he case m a y be) of the ren t due or to be due to h im by such occupier Provided always t h a t any such occupier m a y

recover t h e a m o u n t so paid or t he a m o u n t r emain ing due after deduct ion

of r en t as aforesaid or otherwise in a summary way from such Owner.

66. I f t he ch imney of any bui ld ing or premises shall t ake fire by reason of t he occupant of such bui ld ing or premises hav ing neglected to cause such chimney to be sufficiently Swept or cleaned or from any other neglect of such occupant t hen and in every such case such occupant shall be liable to a pena l ty of a s u m no t exceeding five pounds and not less t h a n one pound A n d in every case t he proof t h a t such ch imney did not t ake fire t h r o u g h the neglect of such occupant shall res t upon such occupant .

67. I f any person employed in any bui ld ing or in t h e a l te ra t ion

fitting u p or decoration of any bui ld ing shall wilfully and. wi thou t t he direct ion privi ty or consent of t h e person causing such work to be done do any th ing in or about such bui ld ing contrary to t he rules and

U directions

directions of th is Ac t and if such person shall no t immedia te ly w h e n required by the Surveyor desist from doing such i r regular work or t h i n g he shall for every such offence be liable to a penal ty of a sum not exceed­ ing forty shill ings or to impr i sonment for any period no t exceeding one

m o n t h if t he said pena l ty be no t paid immediate ly upon conviction.

68.    I n t h e case of any fire wi th in t he l imit of t he City of Sydney

t h e City Treasurer shall on t he order of t h e Mayor m a k e the following paymen t s : To the tu rncock belonging to t he waterworks whose water shall be found on and shall first come in to t he m a i n or pipe where any p lug shall be opened a t such fire any sum not exceeding twen ty shil l ings To t h e enginekeeper who first br ings a fire-engine to help to ex t ingu ish any fire if in good order a n d complete wi th a good socket hose leather-pipe standcock and suct ion-pipe any sum no t exceeding forty shill ings To the keeper of t he n e x t engine which shall be n e x t b r o u g h t in such order and so complete to he lp to ex t inguish any such fire any sum not exceeding t h i r t y shillings and to t he keeper of any other engine which shall be th i rd of such engines b rough t in such order and so comple te to any such fire any sum no t exceeding fifteen shillings.

69. If any act ion be b r o u g h t against any person in respect of a n y t h i n g done or in tended and believed by h i m to have been done in pursuance of th i s A c t such person m a y plead the general issue (with or wi thout any other plea or pleas) and give t h e special m a t t e r in evidence under t h a t plea A n d no such act ion shall lie agains t any such person unless commenced wi th in six m o n t h s after t h e alleged cause of act ion or complaint shall have arisen nor unless not ice in wr i t ing of an in ten t ion to b r ing such action and of t he grounds of such ac t ion shall have been given to t h e person sought to be charged twenty-one clear days before t h e commencemen t of such action.

70. Al l penal t ies and fines imposed by th is A c t and al l sums of money fees or o ther t h ings recoverable unde r th is Ac t shall be recovered and all offences under this A c t shall be heard and determined in a s u m m a r y way a t t he suit of t h e City Treasurer or t h e Surveyor before any s t ipendiary Magis t ra te or two Jus t i ces of t he Peace in m a n n e r provided by the Ac t or Acts for the t ime being in force r egu la t ing summary proceedings before Jus t ices and on such hea r ing full costs of suit m a y be allowed A n d where such pena l ty fine or o ther sum of money be no t paid e i ther immedia te ly after convict ion or wi th in t he t ime appointed by t h e convict ion t h e same m a y be levied by distress a n d sale of t he offenders goods and chat te ls and on failure of distress in m a n n e r provided by t h e Ac t e leventh and twelfth Victor ia chapter forty-three as adopted by t h e four teenth Victor ia n u m b e r forty-three and any Acts amend ing t h e same.

7 1 . Al l persons aggrieved by any s u m m a r y convict ion or order

unde r th is Ac t may appeal therefrom in the m a n n e r provided by t h e A c t

or Ac t s for the t ime-being in force regu la t ing appeals from Jus t ices .

72. N o person shall be liable to t h e p a y m e n t of any penal ty or fine imposed by v i r tue of th is Ac t and m a d e summar i ly recoverable the reunder unless the proceedings to enforce t he same shal l be com­ menced wi th in six m o n t h s after t h e commission of t h e offence in respect of which t h e liabili ty has been incur red .

73. A n y st ipendiary Magis t r a t e or Ju s t i ce imposing any pena l ty

u n d e r th i s A c t (of which no specific applicat ion is here in provided) m a y direct t h a t a pa r t no t exceeding one moiety thereof shall be applied to compensate any person for any w r o n g or damage which he m a y have sustained by reason of the default in respect of which t h e pena l ty is imposed and subject to such directions or specific appl icat ion as aforesaid all such penal t ies shall be paid to t h e City Treasurer and be by h i m placed to t h e credit of t h e City F u n d or disposed of in such o ther way as t h e City Council m a y direct.

74. W h e r e v e r by this Act a n y t h i n g is directed to be done and

no pena l ty is ment ioned for non-performance or neglect thereof t h e person so offending shall in every case be liable to a penal ty of a s u m no t exceeding twenty pounds and any person obs t ruc t ing any person in t h e discharge of any du ty imposed or in t he exercise of any privilege conferred by th is A c t or by any by-law thereunder shall be liable to a pena l ty of a sum n o t exceeding t en pounds .

75. A n y notice or summons required by th is A c t to be given or served to or on any person (other t h a n t h e Surveyor) shall be deemed to have been duly given or served in each case respectively on proof of such notice or summons having been personally delivered to t he person to w h o m it is addressed or of i ts having been left a t his usua l or last k n o w n place of abode wi th some inmate above the age of twelve years or of i ts hav ing been sent t h r o u g h t h e post by registered le t te r so addressed and if t he bui ldings land or premises wi th reference to which the said not ice or summons was to be given or served are unoccupied and the owner thereof is no t known and canno t be found t h e n in every such case i t shall be sufficient to affix such notice or summons to some conspicuous pa r t of such bui lding land or premises a t a he igh t of no t more t h a n n ine and not less t h a n five feet from the ground.

76. W h e r e by this A c t any not ice or summons is required to be served upon or any consent is required or necessary to be given by any person and such person be a marr ied woman other t h a n a cestuique t r u s t t h e n such not ice may be served upon and such consent be given by the husband of such woman A n d if such person be an infant idiot

luna t i c or cestuique t rus t t h e n upon and by the guardian commit tee or

t rus tee of or for such person as t he case may be A n d if such husband guard ian commit tee or t rus tee be no t k n o w n or cannot be found then the Surveyor m a y wi th t he sanct ion of t h e City Counci l give such consent in wr i t ing as m a y be requisi te upon such t e rms and subject to such condit ions as may seem fit to h i m hav ing regard alike to t he na tu re and purpose of t h e subject m a t t e r in respect of which and to t h e fan claims of t h e part ies on whose behalf such consent is to be given.

S C H E D U L E S R E F E R R E D TO.

SCHEDULE A.

RULES for determining the classes and rates to which buildings are to bo deemed to

belong for the purposes of this Act and the thickness of the walls of buildings of

such rates. PART I.

Classes of buildings.

F O E the purposes of this Act all buildings of whatever kind subject to the provisions

thereof are to bo deemed to belong to one or other of the following three classes that is

to say:—

First class.

If such building bo built originally as a dwelling-house or be occupied or intended to be occupied as such then it is to be deemed to belong to the first or dwelling-house class.

Second class.

If a building be built originally as a warehouse storehouse granary brewery dis­ tillery manufactory or workshop or be occupied or intended to be occupied as such or for a similar purpose then it is to bo deemed to belong to the second or warehouse class.

Third class.

If a building be built originally as a church chapel or other place of public worship college hall hospital theatre public concert-room public ball-room public lecture-room public exhibition room or occupied or intended to be occupied as such or for a similar purpose or otherwise used or intended to be used either temporarily or permanently for the assemblage of persons in largo numbers whether for public worship business instruction debate diversion or resort then it is to bo deemed to belong to the third or public building class.

Alteration

Alteration of class.

If a building originally built or subsequently altered so as to bring it within any one class be subsequently converted into or used as a building if of another class then it is to be deemed to belong to such other class and as to it all the conditions prescribed with regard to buildings of the same rate as such other class must be fulfilled as if it had been originally built of such class subject nevertheless to such modifications as shall be sanctioned by the Surveyor on supervision thereof or if a building be used partly as a dwelling-house and partly for any purpose which would bring it within the second or warehouse class and as to it all the conditions prescribed with regard to buildings of the same rate of such class must be fulfilled as if it had been originally built of such class subject nevertheless to such modifications as shall be sanctioned by the Surveyor on supervision thereof.

(2.) Materials deemed dangerous to health not to he used in erection of buildings.

No materials that have been used in the construction of any cesspit drain or sewer or that may be considered by the Health Officer dangerous to health shall be permitted to be used in the erection or repair of any building.

(3.) Bressummers—With regard to any bressummers to be fixed to carry any front trail of

any building.

If such bressummers have a bearing at one end upon a party-wall or external wall then it must be laid upon a templet or corbel of stone or wood- or iron and the end of such bressummer must not have its bearing solely upon such party-wall or external wall but must bear upon a constructed return (or pier) in the direction of the length of the bressummer of four and a-half inches at the least and of the full width of such bressum­ mer coursed and bounded with the substance of such party-wall or external wall or by an iron column or iron or timber story-posts standing in and clear of such party-walls or external walls and fixed upon a solid foundation.

And if any such bressummer have its bearing at each end upon a party-wall or external wall then it must be laid upon a templet or corbel of stone or wood or iron and the end of such bressummer must not have its bearing solely upon such party-walls or external walls but must bear upon two constructed returns (or piers) in the direction of the length of the bressummer of four and a-half inches at the least and if the full width of such bressummer coursed and bounded with the substance of such party-walls or external walls or by iron columns or iron or timber story-posts standing in and clear of such party-walls or external walls and fixed upon solid foundations and there shall be a thickness of four and a-half inches at the least of solid brick or stone work between the end or ends of every such bressummer and the end of any bressummer or other timber of any adjoining building unless such bressummer be constructed of iron or other equally fire-proof material.

(4.) Materials to be used in repairs and in re-building walls or external enclosures.

Every wall or other external enclosure begun or built before the passing of this Act though not built of the materials required by this Act may be at all times thereafter repaired with materials of the same sort as those of which such wall or external enclosure have been already built provided such wall or external enclosure do not encroach upon a public thoroughfare beyond the building-lino of any street and if any such wall or external enclosure be at any time thereafter taken down or otherwise demolished for a space equal to one-fourth of the whole surface of such wall or external enclosure then every part thereof not built in the manner and of the several materials by this Act directed for walls or external enclosures must be taken down and the same must bo rebuilt in such manner and of such materials and in all respects as by this Act directed for walls or external enclosures hereafter to be built or rebuilt but not so as to extend beyond the building-line.

(5.) External walls shall not become party-walls except under certain conditions.

If the external wall of any building bo not of such height and thickness or bo not built in such manner and of such materials as arc herein directed for party-walls of buildings of the highest rate to which such wall shall adjoin then such external wall must not be used as a party-wall for any such building but there must be a distinct external wall built as herein described for external walls of the rate to which it shall belong. But if such external wall to any building already built be at the least thirteen inches in thickness in every part and be of sound and proper materials and in good condition then such wall may be used as a party-wall subject to the approval of the Surveyor.

X PART I .

PART I .

Division of building by party-walls.

Any wall used to divide single buildings into two or more distinct parts must be built as a party-wall in the manner and of the materials and of the several heights and thickness for party-walls of the highest rate of building to which such party-wall shall belong or adjoin as prescribed in reference to the thickness of party-walls in this Act and in Schedules A B and C.

And if any building already built or which shall bo hereafter built be converted used or occupied as two or more separate buildings each having a separate entrance or staircase such conversion use or occupation not having been made or have taken place prior to this Act coming into operation then every such building shall be deemed to be two or more separate buildings and such separate buildings must be divided from each other by a party-wall or party arch or arches built in the manner and of the materials required for party-walls or for party arches for the class and rate to which the largest of the buildings divided shall belong.

(2.) Sites of party-walls—walls.

If the buildings be of equal rate then such party-wall must be built on the line of the junction of such building one-half on the ground of the owner of one of such buildings and one-half on the ground of the other of such buildings.

If such buildings be of different rates then each wall must bo built on the line of junction thereof as follows—that is to say one-half of the thickness of the wall required for the building of the lower rate on the ground of each of the adjoining owners and the whole of the additional thickness of the wall required for the building of the higher rate on the ground of the owner of such building of the higher rate.

And if such building of the lower rate be hereafter enlarged or altered so as to become a building of a higher rate then the owner of such first-mentioned building of the higher rate for the time being shall be entitled to receive from the owner of such building of the lower rate such sum of money as shall be a sufficient compensation for the ground occupied by that portion of the party-wall which according to the rate of building enlarged ought to have been built by its owner on his ground as well as the value of so much of the wall itself as may be more than the owner of such building of the lower rate has paid for.

(3.) Construction and materials of party-walls.

All party-walls to buildings of every rate or class and of every addition and enlargement thereafter to be made to any building already erected or hereafter to be erected shall be erected with reference to height and thickness subject to the provisions of this Act and of Schedules A B and C and every party-wall chimney breast jamb shaft and flue whatever shall be built of brick stone artificial stone or partly of brick and partly of stone or brick and stone together which materials shall be laid with mortar or cement in the beds and joints thereof so as to produce solid work except such work in iron or other metal as may be necessary in such walls and no timber shall be laid into any party-arch except for bond to the same nor into any party-wall other than such templets chains and bond timbers as shall be necessary for the same and other than the ends of girders beams purlines bressummers trimming joists the ends of partition heads or sills and the bearing ends of the main timbers of a roof and wood bricks may be laid into the substance of a party-wall but no such templets chains bond timbers girders beams purlines bressummers trimming joists partition heads or sills or other principal timbers shall be laid in such party-wall without having at least four and a half inches of solid brick or stone work between the ends and sides of every such piece of timber and

any timber of any adjoining building And if the ends of timbers be carried on iron	shoes or stone corbels then such iron shoes or stone corbels must be built into the wall
at the least one half the thickness of such wall.

(4.) Height and thickness of parapets to external walls .

If an external wall of any building or addition adjoin a gutter or the external wall or roof of an adjoining building then such external wall must be carried up and remain one foot three inches at the least above the highest part of such gutter or the roof of such adjoining building and the thickness of such parapet to a first rate building shall be twelve inches at the least and the thickness of the parapets to all other rates shall be eight and a half inches at the least.

(5.) Height and thickness of parapets to party-walls.

Every party-wall and every addition or enlargement thereto shall be carried up and remain one foot three inches at the least above the roof of the highest building which shall adjoin thereto measuring at a right angle with the back of the rafters of such roof and shall be corbelled out to the extent of two inches at the least beyond the external face of any projecting eave if such projecting eave is constructed of wood or other inflammable material and every such party-wall shall be carried up and remain two feet above the highest part of any gutter in the flat of any roof of any rate or class of building adjoining thereto and shall be covered or coped on the top with stone or brick or other sufficient waterproof and fireproof covering.

If there be fixed within four feet of a party-wall upon the flat or roof of any
building any turret dormer lantern light or other erection of combustible materials then
every

every such party-wall must be carried up and remain next to every such turret dormer lantern light or other erection and must extend one foot six inches higher and one foot six inches wider than any such erection or each side thereof.

Openings hereafter to be made in external or party-walls of dwelling-houses of any rate whereby two or more buildings shall be united may be united by doors or openings made through the party-walls thereof provided the consent of the surveyor shall first be obtained Providing such openings continue only so long as such premises shall be in one and the same occupation and no longer and when not so occupied shall be built up with brick or stone of the full thickness of such party-wall and properly bonded into same.

(G.) Recesses and chases in party-wall.

In every story recesses may be formed so that such recesses be arched over in every
story and that the backs of such recesses arc not of less thickness than eight and a half inches.
No chase shall be made in any party-wall wider than fourteen inches nor more
than four and a half inches deep from the face of the wall nor so as to leave less than

eight and a half inches in the back or opposite side thereof and no chase may be within

a distance of seven feet from any other chase on the same side of the wall.

PART V I I .

Party-arches and party-walls not to he maimed and for what uses party-walls maybe cut into.

No person shall cut into or maim any party-arch or any party-wall nor the shaft of any chimney now built or hereafter to bo built other than for the purposes and in the manner hereafter mentioned that is to say when the front or back wall of any house or building being in a line with the front or back wall of the house or building adjoining thereto shall at any time hereafter be built it shall be lawful to cut or break not more than nine inches deep from the external face of such front or back wall and to the centre of such party-wall for the purpose of inserting piers therein and the end of such new front or back wall and it shall be lawful to cut into any party-wall for the purpose of tailing in stone steps or stone landings or for placing in such party-wall timber for bearers to wood stairs so as no such timber bearer be laid into any party-wall nearer than eight inches and a half to any chimney or flue whatever or nearer than four inches to any timber of the adjoining house or building or to the internal finishing of such adjoining house or building for the purpose of laying therein stone corbels for the support of chimney jambs girders beams purlins binding or trimming joists or of other principal timbers but every person who shall cut into any party-wall for any of the purposes aforesaid shall immediately and without delay make good and well and effectually pin up with brick stone slate tile or iron bedded in mortar every defect which shall be occasioned by the cutting of any such party-wall and no party-wall shall be cut for any of the purposes aforesaid if the cutting thereof will injure displace or endanger the timbers chimneys flues or internal finishing of the adjoining buildings.

SCHEDULE D.

Rule concerning projections beyond building-line of street.

No bow window or other projection shall be built or added to any building fronting any public street square court or way so as to project beyond the building- line of such street except such projections as may be necessary for copings cornices facias door and window dressings pilastres strings or other architectural decoration water-pipes and balconies and no cornice or covering thereof to any shop-window shall in any street or way thirty feet wide or more project more than eighteen inches nor in any street or

building to which such shop-window belongs and no cornice or covering to any shop-window

way less than thirty feet wide more than thirteen inches from the upright line of the

shall be built lower than nine (9) feet in the clear measuring from the level of the foot­ path of such street over which it projects and no pilastre architraves window-sills down- pipes or architectural decorations shall below the said height of nine feet project more than three inches beyond the building-line of any such street court or way and no steps shall be placed so as to project beyond the building-line of any street and no other projection whatever except as above specified shall project beyond the upright lino of the building and no coping cornice or other projection shall overhang the ground belonging to any other owner or obstruct the light and air or be otherwise injurious to the owners or occu­ piers of the buildings adjoining thereto or any side thereof.

(2.) Rule concerning gates doors &c.

No gate or door shall be permitted to bo constructed to open beyond the building- line of any premises fronting any street unless the lowest part of such gate or door is ten feet at the least above the level of the road or footway of such street.

(3.) Rule concerning verandahs and porticos.

Open verandahs and porticos may be constructed to buildings provided no part thereof project beyond the building-line of any street court or way and shall not be built nearer than one foot to the angle of the building to which they belong or than nine inches to the centre lino of a party-wall unless wholly separated from any adjoining premises verandah portico or balcony by a party-wall of brick or stone not less than nine inches in thickness and twelve inches above the roof and every part thereof.

SCHEDULE

SCHEDULE E.

(1.) Rule concerning chimneys hereafter built or re-built.

All chimneys and chimney stacks shall be built of brick or stone or other incombustible materials and chimneys built on corbels of brick or stone may be introduced above the level of the ceiling of the ground story if the work so corbelled out does not project from the wall more than the thickness of the wall but all other chimneys shall be built on solid foundations and with regard to angle chimneys such chimneys may be built in the internal angles of any building provided that it be properly supported on iron girders with brick arches or on strong stone landings or on other strong and sufficient foundation to the satisfaction of the Surveyor And every chimney shaft or flue hereafter built raised or repaired must be carried up in brick or stone work all round at least four inches thick to a height of not less than three feet above the highest part of such portion of the roof flat or gutter adjoining thereto measured at the front of junction and as to any chimney shaft (except that of a steam- engine brewery distillery or manufactory) the brick or stone work of such shaft or flue must not be built higher than eight feet above the slope flat or gutter of the roof which it adjoins measured from the highest point of junction unless such chimney shaft be built of increased thickness or be built with and bonded to another chimney shaft or bo otherwise rendered secure and as to the chimney shaft for the boiler furnace of any engine or for any brewery distillery or manufactory such shaft may be erected of any height so that it be built in such manner and of such strength and dimensions as shall be satisfac­ tory to the Surveyor upon special application in each case And every chimney chimney- stack pipe or funnel which shall be deemed by the Surveyor dangerous by fire or other­ wise to any premises or building or a nuisance to the occupants thereof shall be rebuilt repaired altered removed or amended as may be directed by the Surveyor.

(2.) Dimensions and materials.

The jambs of every chimney must not bo less than eight inches and a half on each side of such opening and the breast of every chimney and the front back or parti­ tion of every flue must be at the least four inches in thickness of bricks and the joints of the work must be filled in with good mortar or cement and all the inside thereof and also the outside or face thereof next the interior of any building must be rendered or pargetted and no flue may be used for a smoke flue which is of less internal diameter in any section than eight inches and a-half.

(3.) Timber or woodwork.

No timber be placed over any opening for supporting the breast of any

chimney but there must be an arch of brick or stone over the opening of every such
chimney to support the breasts thereof.

No timber or wood-work shall be placed or laid in any wall under any chimney- opening within eighteen inches at the least of the surface of the hearth of the fire-place of such chimney opening and if timber or woodwork be affixed to the front of any jamb or mantle or to the front or back of any chimney or flue then it must bo fixed by iron nails or holdfasts or other iron fastenings which must not be or be driven nearer than two inches to the inside of any flue or to tho opening of any chimney and such timber or wood-work must not be nearer than two inches to the opening of any chimney and no timber must be laid or placed within three inches of the face or breast back side or jamb of any flue or of any chimney opening where the substance of brick-work or stone­ work shall be less than eight inches and a-half thick nor must any flooring-board batten ground-skirting or other fitting of wood nor any wood staircase nor anything else of

wood be fixed or placed against or near to the face or breast back side or jamb of any flue fire-place or chimney-opening unless and until the brick or stone work constituting the	same shall have been thoroughly and efficiently rendered or pargetted with proper mortar
or stucco and such rendering must be in every case in addition to four inches at least of solid fire-proof structure.

(1.) Slabs and hearths.

A slab or slabs of brick tile stone slate marble or other proper and sufficient sub­ stance at the least twelve inches longer than the opening of every chimney where finished and at the least eighteen inches in width must be laid before the opening of every chimney or upon brick trimmers or upon iron bars of size and strength to the satisfaction of the builder surveyor but in the lowest floor they may be on brick stone or other sufficient foundations.

The inside hearth of every chimney must be laid and bedded wholly on brick or stone or other incombustible substance of a thickness of nine inches at the least beneath the surface of any such hearth.

(5.) Backs.

The back of every chimney-opening from the hearth up to the height of twelve inches above the mantle must at the least be eight inches and a-half thick.

(6.) Chimney-openings back to back.

If two chimneys be built back to back then the thickness between the same must be at the least of the thickness hereinbefore described for the back of one chimney- opening.

( 7 )

(7.) Angles of Flues.

Chimneys and flues having proper doors of not less than six inches square may be constructed at any angle but in every other chimney or flue the angle shall be con­ structed of an obtuseness of not less than one hundred and thirty degrees and shall be properly rounded.

(8.) Close Fires.

Every oven furnace cockel or closed fire used for the purpose of trade or manu­ facture must not be upon nor within a distance of eighteen inches of any timber or woodwork and the floor on or above which such oven furnace cockle or close fire shall be built or fixed must be formed and paved under and for a distance of two feet all round the same with stone brick tile or slate at the least two inches thick or other proper incombustible and non-conducting materials.

(9.) Chimney-pots tithes &c.—And as to earthen or metal chimney-pots tubes funnels or

cowls of any description whatever.

Any pot tube funnel or cowl which shall be fixed to any chimney or flue shall be fixed or secured to the satisfaction of the surveyor.

(10.) Smoke-pipes.

The following rule shall be observed for conveying smoke heated-air steam or hot

water:—

No pipe for conveying smoke heated-air steam or hot water shall be fixed

against any building on the face next to any street alley or public way.

No pipe for conveying heated-air or steam shall be fixed nearer than six inches

to any combustible materials.

No pipe for carrying hot water shall be placed nearer than three inches to any

combustible material.

No pipe for conveying smoke or other products of combustion shall be fixed

nearer than nine inches to any combustible material.

(11.) Cutting into chimney.

No chimney shaft jamb or breast or flue shall be cut into except for the purpose of repair or doing some one or more of the following things:—

Of letting in or removing or altering flues pipes or funnels for the conveyance of smoke hot-air or steam or of letting in removing or altering smoke- jacks.

Of forming openings for soot-doors such openings to be fitted with a close iron-

door and frame.

Of making openings for the insertion of regulating valves subject to the following restrictions—that no opening shall be made nearer than twelve inches to any timber or combustible substance.

SCHEDULE E.

(.1.) Rule concerning roof-covering.

Every flat gutter and roof of every building and of any projection therefrom and
of every covered verandah balcony or passage and every turret dormer lantern-light or

other erection which shall be in the flat or roof of any such building and every external

part of any flat gutter roof dormer and lantern in any building now built or hereafter to
be built or rebuilt stripped ripped or uncovered shall in every such part except the door­

frames and doors windows frames and sashes of such turrets dormers lantern-lights or other erection shall be covered with glass iron copper lead tin zinc or other metal slate tile or artificial stone or cement.

(2.) Fain-water pipes.

The roof flat or gutter of every building and every balcony shop-front or other projection must be so arranged and constructed and so supplied with gutters and pipes made of metal or other incombustible material as to prevent the water therefrom from dropping upon or running over any public way but the water therefrom must be con­ ducted under-ground through an earthenware or cast-iron pipe to the gutter or place where the same is intended to be placed or to the nearest sewer or drain.

(3.) Basement or cellar rooms.

All lowermost rooms of buildings being rooms of which the surface of the floor is more than three feet below the surface of the footway of the nearest street shall (if such rooms cannot otherwise be lighted to the satisfaction of the Surveyor) be lighted by means of apertures or areas extending under the footways and shall be enclosed by solid masonry and be covered with iron grating level with the surface of such footway Pro­ vided that no such aperture area or grating do extend from the building-line under the footway more than one foot eight inches nor more than four feet in width and no other opening shall be permitted to be made in or under any footway without the sanction of the City Council.

(4.)

(4.) Ventilation and lighting &c. of dwelling-houses.

Every room not being a store-room or bath-room in any dwelling-house hereafter to be built or rebuilt or in any addition shall be ventilated by means of an opening communicating with the external air or in any other manner that may be approved of by the Surveyor and Health Officer and all window-sashes casements shall either be double-hung made to slide horizontally or hung with hinges to the satisfaction of the Surveyor.

(5.) Height of rooms.

There shall not be more than one floor of rooms in the roof of any building here­ after to be built or rebuilt and such rooms shall not be of less height than seven feet six inches except the sloping part of such roof and such sloping part shall not begin at a less height than three feet six inches above the floor and with regard to rooms in other parts of the building such rooms shall not be of less height than eight feet from the floor to the ceiling.

(6.) Rule concerning construction of Privies.

There shall be a cesspit to every privy and such cesspit shall be constructed of good sound bricks bedded jointed flushed and grouted in cement and the walls of such cesspit shall not be less than nine inches in thickness and there shall be a bottom thereto not less than nine inches in thickness built of good sound bricks (on edge) in two courses of four and a-half inches each course bedded jointed flushed and grouted in cement (con­ structed of such shape as the surveyor may direct) and the interior dimensions of such cesspit when completed shall not be less than four feet by three feet six inches wide by four feet deep measuring from the bottom of the cesspit to the under edge of the joist forming the floor and the walls thereof shall be built to a height of at least six inches above the highest part of the surface of the ground surrounding the same And the whole

of the interior face of the walls and the- bottom of such cesspit shall be rendered and

floated in cement to a thickness of at least five-eighths of an inch And every cesspit shall be made perfectly watertight The cement to be used shall be the best English Portland cement (or any other cement approved of by the Surveyor) well mixed with clean sand in the proportion of one of cement to one of sand And no pipe or drain of any description whatsoever shall be connected with any cesspit And every privy and closet shall bo enclosed with approved materials and shall have a rain-proof roof a door properly hung with latch and bolt a floor a riser and a seat and shall be lighted ventilated and screened from public view and shall be built in every respect to the satisfaction of the Surveyor.

SCHEDULE G.

SCHEDULES OP PEES PAYABLE TO SUBVEYOR.

I . — F e e s for new Buildings.

For every building not exceeding four hundred square feet in area and if one

story only in height the fee shall be two pounds. For every additional story—five shillings. For every additional square of one hundred feet or fraction of such square—five

shillings.

But no fee shall exceed ten pounds.

I I . — F e e s for additions or alterations.

For every addition or alteration made to any building after the roof thereof has been covered in the fee shall be half of the fee charged in the case of a new building.

For inspecting the formation of openings in party-wall—one pound.

For the inspection and removal of projections and dangerous buildings—two

pounds.

N.B.—In this Schedule " area" shall not include the area of any attached

building.

SCHEDULE H.

No. 1.

To the City Building Surveyor

TAKE notice that I intend to erect a building [or make an addition or alteration to or
pull down a building situate [here sufficiently describe the situation] [or that I intend to

build or rebuild or pull down or cut into or alter] a party-wall [or external wall or
chimney stack or flue or as the case may be~ ] situate [here sufficiently describe the situation] And that A.B. of [sufficiently identify] is to be the architect [or builder or superinten­ dent] of the works to be executed and that the said works will be commenced on the

day of

Dated this day of

{Signature and address)

No. 2.

No. 2.

To the City Building Surveyor

TAKE notice that I intend to recommence the works referred to in my notice to you

dated the day of and that such works will bo so commenced on

the	day of
Dated this	day of

(Signature and address)

No. 3.

To Owner [or agent for or

I HEREBY give you notice that the works now in progress under your superintendence

[or of which you are the owner] situated in [here sufficiently describe the situation] arc

not in conformity with the provisions of the " City of Sydney Improvement Act of 1879 " in the particulars undermentioned and I require you within forty-eight hours from the receipt hereof to amend the same.

Irregularities referred to.

Dated this day of

(Signed)

City Building Surveyor.

No. 4.

To of

TAKE notice that I intend on the expiration of one month from the date of service hereof to build on the line of junction between my land situate [here sufficiently describe

situation] and your vacant land adjoining on the side thereof a party-wall [or
party-fence or party-fence wall or external wall or as the case may be] which will be of

the undernoted thickness and dimensions.

Particulars.

Dated the day of

(Signature and address)

No. 5.

To A.B. of

W I T H reference to the work referred to in your notice to me dated the day of

take notice that I require the dimensions and thickness thereof to be

increased as undermentioned.

[Here state alteration required]

Dated this day of

(Signature and address)

No. 6.

To A.B. of

TAKE notice that unless within seven days from the date of delivery hereof you have

[here specify the work required to be done] extending from the house [or building 01

premises] situate [here sufficiently describe situation] over the boundary-line between

such house [or as the case may be] and my adjoining premises [or land] situate on the

side thereof I will cause the same to be done at your risk

and expense.

Dated this day of

(Signature and address)

No. 7.

To A.B. of

TAKE notice that on the expiration of one month from the date of service hereof I intern to build [or take down or erect or cut into or alter] the party-wall [or external wall or party-fence or fence wall or chimney jambs or breasts or flue of chimneys or as the case mat be] on the line of junction between my house [or building or premises or land] situate [her: sufficiently describe the situation] and the house [or as the case may be] adjoining on the

side thereof.

And that C D . of is to bo the architect [or builder or

superintendent] and have charge of the works to be executed	And that such work will
be commenced on the	day of
Dated this	day of

(Signature and address)

No. 8.

To A.B. of

TAKE notice that I intend on the expiration of one month from the date of service hereof to raise [or pull down and raise] the party-wall [or fence or fence-wall] on the line of junction between my house [or building or premises or land] situate [describe sufficiently

the situation] and the house [or building or premises or land] thereto adjoining on the

side thereof and that such party-wall [or &c] is intended to be [describe

height thickness and quality of material] and that the said wall will be commenced on the

day of

Dated this day of

(Signature and address)

No. 9.

No. 9.

To A.B. of

TAKE notice that I intend on the expiration of three months from the date thereof to
pull down the timber partition [or as the case may be] and instead thereof to build a party-wall on the line of junction between my house [or building as the case may be]

situated [here sufficiently describe situation] and the house [or building or as the case may be]

thereto adjoining on the side thereof and that the said work will be begun on the

day of

(Signature and address)

Dated the day of

No. 10.

To A.B. of

TAKE notice that I apprehend that the party-wall party-arch external wall [or as the case

may be] or some part thereof on the line of junction between my house [or building or ground] situated [here describe situation] and the house [or building or ground] thereto adjoining situated on the side thereof is so far out of repair as to render it necessary to repair or pull down and rebuild such party-wall [or partv-arch or external wall as the case may be] such wall or some part thereof and that I intend to have such wall surveyed pursuant to the Act And also that I have given notice to the surveyor for the purpose of his certifying as to the condition of such wall and as to whether the whole or any part thereof ought to be repaired or pulled down and rebuilt.

(Signature and address)

Dated the day of

No. 11.

To the City Building Surveyor.

TAKE notice that I apprehend that the party-wall [or party-arch or external wall or as
the case may be] or some part thereof on the line of junction between my house [or building or ground] situated [here describe situation] and the house [or building or ground] thereto adjoining situated on the east [west north or south] side thereof is so far out of repair as to render it necessary to repair or pull down and rebuild such wall or some part thereof and that I require a survey thereof to be made pursuant to the Act and that in the presence of such one or more surveyors or agents appointed by me or by [A.B.] the owner of the adjoining property for the purpose of certifying the condition of such wall and whether the whole or any part thereof ought to be repaired or pulled down and rebuilt and I do hereby also intimate that I have served notice on [A.B.] in accord­ ance with the Act.

(Signature and address)

Dated the day of

No. 12.

To A.B. of

TAKE notice that if within one month from the date of service hereof you do not stop up the opening made in the external wall on the side of your premises situated [here describe the situation] and which abuts on my ground [or house or premises or building] I shall at your expense cause the same to be stopped up conformably with the " City of Sydney Improvement Act of 1879."

(Signature and address)

Dated the day of

No. 13.

To A.B. of

TAKE notice that I intend on the expiration of seven days from the date of service hereof
to enter upon the land [or house or building or pi-emises] adjoining my land [or house
or building or premises] on the side thereof for the purpose of performing the

undermentioned works

[Specify	works.]
(Signature and address)

Dated the day of

No. 14.

To A.B. of

TAKE notice that I intend on the expiration of one month after the date of service hereof to build an external wall against the existing party [or external wall between my pre­ mises or land] situate [here describe situation] and the adjoining house [or building or premises or land] on the side thereof and to cut away such portions of the footings or chimney breasts or chimney shafts [or as the case may be] in such party [or external] wall as will bo necessary for the purpose of such building as aforesaid.

(Signature and address)

Dated the day of

No. XXVI.