CO129-545-9 Proposed reorganisation of medical and sanitary services 2-11-1933 - 10-1-1934 — Page 169

41

(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 predecessor.

(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 for the time being, the Governor may, on the application 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 appointment 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 sever 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" means "authorised architect".

143. A building owner, his servants, agents and Right of workmen, at all usual times of working, may enter and entry of building remain on any premises for the purpose of executing, owner. and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furniture 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.

144. Where a building owner intends to erect with- Under- in ten feet of a building belonging to an adjoining pinning or owner a building any part of which within such ten strengthen- feet extends to a lower level than the foundations of foundations

ing of

the building belonging to the adjoining owner, he may, of adjoining and, if required by the adjoining owner, shall (subject building. 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 intention to build, and whether he proposes to underpin or otherwise strengthen the foundations of the said building, and such notice shall be ac- companied by a plan and sections, showing the site of the proposed building, and the depth to which he proposes to excavate:

220