76
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50
51
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Right of entry of building
owner.
the court, and the action shall be prosecuted and the issue tried in all respects as if it were an ordinary action or issue in the Supreme Court, or as near thereto as circumstances admit,
(7) If the parties agree as to the facts a special case may be stated for the opinion of the court, and such case shall be heard and decided in all respects as if it were an ordinary case stated for the opinion of the court, or as near thereto as cir- cumstances admit; and any costs that may have been incurred before the judge in chambers shall be deemed to be costs incurred in the action and be payable accordingly.
(8) Where both parties have concurred in the appointment of one architect, then, if he refuses, or for seven days neglects to act, or if he dies or becomes incapable to act before he has made his award, the matters in dispute shall be determined in the same manner as if he had not been appointed.
(9) Where each party has appointed an architect and a third architect has been selected, then, if he refuses, or for seven days neglects, to act, or before such difference is settled, dies, or becomes incapable to act, the two architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his pre- decessor.
(10) Where each party has appointed an architect, then, if the two architects refuse, or, for seven days after request of either party, neglect to select a third architect, or another third architect as aforesaid the Governor may, on the applica- tion of either party, appoint the Director of Public Works or some other fit person to act as third architect who shall have the same powers and authorities as if he had been selected by the two architects appointed by the parties.
(11) Where each party has appointed an architect, then, if before the difference is settled either architect dies, or becomes incapable of acting, the party by whom he was appointed may appoint some other architect to act in his place, and if for the space of seven days after notice served on him by the other party for that purpose, he fails to do so, the other architect may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appoint- ment both parties had concurred; an architect so substituted as aforesaid shall have the same powers and authorities as were vested in the former architect at the time of his death or disability.
(12) Where each party has appointed an architect, then, if either of the architects refuses, or for seven days neglects to act the other may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred.
(13) In this section "architect" architect'.
means "authorised
138. A building owner, his servants, agents and work- men, at all usual times of working, may enter and remain on any premises for the prupose of executing, and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furni- ture or doing any other thing which may be necessary; and if the premises are closed, he and they may, accompanied by a
constable, break open any fences or doors in order to effect such entry:
Provided that before entering on any premises for the purpose of this section the building owner shall give fourteen days notice of his intention so to do to the owner and occupier; in case of emergency he shall give such notice only as may be reasonably practicable.
139. Where a building owner intends to erect within ten Under feet of a building belonging to an adjoining owner a building pining or
strengthen- any part of which within such ten feet extends to a lower level ing of than the foundations of the building belonging to the adjoining of adjoining foundationa owner, he may, and, if required by the adjoining owner, shall building. (subject as hereinafter provided) underpin or otherwise strengthen the foundations of the said building so far as may be necessary, and the following provisions shall have effect:-
(1) at least two months notice in writing shall be given by the building owner to the adjoining owner stating his inten- tion to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be accompanied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:
(2) if the adjoining owner shall, within fourteen days after being served with such notice, give a counternotice in writing that he disputes the necessity of such under- pinning or strengthening, or that he requires such under- pinning or strengthening, then, if such counternotice is not acquiesced in, a difference shall be deemed to have arisen between the building owner and the adjoining owner.
(3) the building owner shall be liable to compensate the adjoining owner and occupier for any inconvenience, loss or damage which may result to them by reason of the exercise of the powers conferred by this section:
(4) nothing in this section contained shall relieve the building owner from any liability to which he would otherwise be subject in case of injury caused by his building operations to the adjoining owner.
140. An adjoining owner may, if he thinks fit, by Adjoining
owner may notice in writing, require the building owner (before com-
require mencing any work which he may be authorised by this security to Ordinance to execute) to give such security as may be agreed payment of be given for upon, or in case of difference as may be settled by a judge expenses in chambers, for the payment of all such expenses, costs and compensation in respect of the work as may be payable by by building the building owner.
The building owner may, at any time after service on him of a party wall or party structure requisition by the adjoining owner, and before beginning a work to which the requisition relates, but not afterwards, serve a counter- requisition on the adjoining owner, requiring him to give such security for payment of the expenses, costs, and com- pensation for which he is or will be liable, as may be agreed upon, or, in case of difference, as may be settled as aforesaid.
and counter requisition
owner.
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