or in any of the streets to prevent the passage of persons carriages and animals while such works are carried on as to the council shall seem proper and the council shall cause any sewer or drain or other works during the construction alteration or repair thereof by them to be lighted and guarded during the night so as to prevent accidents and every person who takes down alters or removes any of the said bars or chains or extinguishes any light without the authority or consent of the council shall for every such offence be liable to a penalty not exceeding five pounds.

Fencing of dangerous places near street

370. If any hole or place near any street whether public or private be for want of sufficient protection or enclosure dangerous to the passengers along such street the council shall cause the same to be protected or enclosed so as to prevent danger therefrom and the expenses of such protection or enclosure shall be repaid to the council by the owner of the premises so protected or enclosed.

8.—Notice to and Remedies etc. against Owners etc.

Notices how given to owners.

371. Every notice which by this Act is required to be given to the owner of any building or land shall be addressed to the owner of such building or land and shall be served on the occupier thereof or left with some inmate of his abode or if there be no occupier may be put up on some conspicuous part of such building or land and it shall not be necessary in any such notice to name the owner of any such building or land. Provided always that when the owner of any such building or land and his residence are known to the council it shall be the duty of the council if such owner be residing within the borough to cause every notice required to be given to the owner to be served on such owner or left with some inmate of his abode and if such owner be nonresident within the borough they shall send every such notice by the post in a registered letter addressed to the residence of such owner.

Occupier may pay and deduct.

372. Whenever default is made by the owner of any building or land in the execution of any work by this Act required to be executed by him the occupier of such building or land may in certain cases on with the approval of the council of the borough cause such work to be executed and the expense thereof shall be repaid to such occupier by the owner of the building or land and such occupier may deduct the amount of such expense out of rent from time to time becoming due from him to such owner.

Expenses payable by owner.

373. If the owner of any building or land made liable by this Act for the repayment to the council of any expenses incurred by them do not as soon as the same become due and payable recoverable from him repay all such expenses to the council the council may recover the same from such owner before two justices or in an action of debt in any court having jurisdiction.

May in certain cases be recovered from occupier.

374. The council may by way of additional remedy whether any such action or proceeding has been brought or taken against any such owner or not require the payment of all or any part of the expenses payable by the owner from the time being from the person who then or at any time thereafter occupies any such building or land under such owner and in default of payment thereof by such occupier on demand the same may be recovered from him before two justices.

But occupier not to be liable for more than amount of rent.

375. Provided always that no occupier of any building or land shall be liable to pay more money in respect of any expenses charged by this Act on the owner thereof than the amount of rent due from him for the premises in respect of which such expenses are payable at the time of the demand made upon him or which shall at any time after such demand become due and notice not to pay the same to his landlord have accrued and become payable by him unless he neglect or refuse upon application made to him for that purpose by the council truly to disclose the amount of his rent and the name and address of the person to whom such rent is payable but the burden of proof that the sum demanded of any such occupier is greater than the rent which was duly due by him at the time of such demand or which has since accrued shall lie upon such occupier: Provided further that nothing herein contained shall be taken to affect any special contract made between any such owner and occupier respecting the payment of the expenses of any such works as aforesaid.

Payment of expenses by instalments.

376. Where any such expenses payable to the council by any owner of any such building or land amount to more than half the amount of the net annual value of such building or land the certain council may if they think fit at the request of any such owner allow time for the repayment of such expenses and receive the same by such instalments as they under the circumstances of the case consider reasonable but so that the same be repaid by annual instalments of not less than one-seventh part of the whole sum originally due with interest for the principal money from time to time remaining unpaid after the yearly rate of six pounds in the hundred during the period of forbearance but all such sums remaining due notwithstanding the council may have agreed to allow time for the repayment thereof as aforesaid shall from time to time at the expiration of the several times so allowed for repayment thereof be recoverable in like manner as such respective amounts would have been recoverable if no such time had been allowed for repayment thereof.

Occupier obstructing owner carrying Act into effect.

377. If the occupier of any building or land within the borough prevent the owner thereof from carrying into effect in respect of such building or land any of the provisions of this Act after notice of his intention so to do has been given by the owner to such occupier any justice upon proof thereof may make an order in writing requiring such occupier to permit the owner to carry the same into effect.