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aforesaid in such license, or in the last renewal thereof all such stage scaffolding materials and rubbish and shall make good the footway and street and if any such person shall fail in any such case to comply with this section he shall forfeit a sum not exceeding five pounds and a further penalty not exceeding forty shillings for every day while such default is continued.

36.—Nothing herein contained shall render it lawful to construct any stage or scaffolding Street &c. not to be obstructed etc. or to deposit any materials or rubbish or to put up any hoarding or fence platform or handrail as aforesaid or all or any of them so that the same shall extend or be across or over or upon any street further from the inner edge of the footway than one-third of the whole breadth of such street or in any case so as to render the street exclusive of the footways impassable for carriages or so as to obstruct the channel.

37.—If any person who ought under this sub-division to remove any matter or thing or to Council may remove, etc. make good any footway or street shall fail so to do wucaper or not such person shall have been convicted or not of any offence under this sub-division the council may remove such matter or thing or make good such street or footway and may recover the expenses of so doing from the person so making default before any justice.

7.—Lighting, etc. of Obstructions generally.

38.—When any building materials rubbish or other things are laid or any hole made in any Persons laying street or footway whether the same be done by order or authority of the council or not the person causing such materials or other things to be so laid or such hole to be made shall at his own expense cause a sufficient light to be fixed in a proper place upon or near the same and continue such light every night from sunset to sunrise while such materials or hole remain and such person shall at his own expense cause such materials or other things and such hole to be sufficiently fenced and enclosed until such materials or other things are removed or the hole filled up or otherwise made secure and every such person who fails so to light fence or enclose such materials or other things or such hole shall for every such offence forfeit a sum not exceeding ten pounds and a further sum not exceeding forty shillings for every day while such default is continued.

39.—In no case shall any such building materials or other things or such hole as last Penalty in like cases for non-removal. mentioned respectively be allowed to remain an unnecessary time under a penalty not exceeding ten pounds to be paid for every such offence by the person who whether by order or authority of the council or not causes such materials or other things to be laid or such hole to be made and in any such case the proof that the time has not exceeded the necessary time shall be upon the person so causing such materials or other things to be laid or causing such hole to be made.

8.—Houses etc. Encroaching on Streets etc.

40.—If any person shall erect or place any house or other building or any part thereof upon Houses built so as to encroach on street. over or across any public street footway or channel he shall forfeit a sum not exceeding twenty pounds and a further sum not exceeding five pounds for every day while the same shall so continue.

41.—If any house or other building or any part thereof shall before the coming into opera- Houses pre- viously built tion of this sub-division have been erected in upon over or across the public highway unlawfully encroaching on street. or any public street or footway marked or set out as such in such manner as to be a common nuisance to the highway or as to encroach on such street or footway it shall be lawful for the council to give notice to the owner of such house or building to remove such house or such part thereof as shall so have been erected or placed with such precautions for the safety of passengers and for the proper securing of so much (if any) of such house or building as is to remain thereafter as the council shall see fit and such owner shall within twenty-eight days after the service of such notice upon him remove such house or part according to the tenor of such notice and if such owner shall fail within the said period of twenty-eight days to remove such house or part or shall not comply with the requirements of the said notice he shall forfeit a sum not exceeding ten pounds and a further sum not exceeding five pounds for every day while such default is continued and the council may if they shall see fit remove such house or part and recover the expenses of so doing from the said owner.

9.—Obstruction etc. to Streets, etc. by Cattle, etc.

42.—If any cattle shall be found upon any land not being a common and such that there is no fence whether upon the same land or any other dividing such first-mentioned land from Cattle at large on unenclosed land. the streets whether public or private of the borough or any of them without any person having charge of such cattle the owner of such cattle shall forfeit a sum not exceeding twenty shillings for every head of such cattle and the proper officer of the council may seize such cattle and place the same at some neighbouring place of safe custody and may justify if such owner be not known upon proof of the issue of a summons in the usual form addressed to such owner as "owner" only without otherwise naming or describing him such cattle and the place of seizure being truly described therein and of the publication of such summons in some newspaper commonly circulating in the borough they may after the expiration of twenty-four hours from such publication proceed with