Appeal

Proviso in use of house build- mg

[104}

shall direct ; and any person or persons offering resistance thereto, shall render himself or themselves liable to the penalties of this By—law.

1 I. Anyperson conceiving‘himselfaggrieved on notice being furnished by said Surveyor to remove any alleged street obstruction, shall have the right of appealing to the said Magistrate, that he may be heard before him, and if he deem it expedient, he shall repair to the place where such alleged obstruction may lie, and his decision thereon shall be final, and made known to said Surveyor, who shall act in accordance therewith ; provided that such written notice or application to the said Magistrate for a hearing shall have been made within forty—eight hours after the complainant thereto had been served with the notice from said Surveyor to remove such obstruction.

12. Provided always, that nothing contained in this law relating to obstructions on the streets or public thoroughfares of the city shall extend or be construed to extend to prevent any person or persons who may be erecting or repairing any building whatever from placing or causing to be placed on the street or streets, next to the site of such building, and immediately in front of the same, any such materials as are to be used either in the construction or in the repairing of such building. so that the same do not extend farther than the gutter or run for water, or not in any case more than ten feet on the side of the street where such building is being erected or repaired. The said space shall be enclosed by a substantial close fence of not less than five feet high ; and the materials aforesaid shall in no manner