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Full text of "The London building acts, including the London building act, 1894; the amendment acts of 1898 and 1905; L.C.C. general power acts, 1908 and 1909; the Cinematograph act, 1909; Town planning act, etc.; a tect-book on the law relating to building in the metropolis, for the use of acrchitects, surveyors, builders, etc. ... together with the current by-laws, standing orders, and regulations of the London County council, the corporation of the city of London, etc"

I BERKELEY 
LIBRARY 

UNIVERSITY OF 
CALIFORNIA 



THE LONDON BUILDING ACTS 
1894 TO 1909. 



WORKS BY THE SAME AUTHORS. 

Crown 8vo, cloth gilt, uniform with this volume. 

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applied to Buildings. Fourth Edition, with upwards of 300 Illustra- 
tions. 5s. net. 



THE 

LONDON BUILDING ACTS 



INCLUDING 

THE LONDON BUILDING ACT, 1894; THE AMENDMENT 

ACTS OF 1898 AND 1905; L.C.C. GENERAL POWERS 

ACTS, 1908 AND 1909 ; THE CINEMATOGRAPH ACT, 1909 ; 

TOWN PLANNING ACT, ETC. 

A TEXT-BOOK ON THE LAW KELATING TO 
BUILDING IN THE METEOPOLIS 

FOR THE USE OF 

ARCHITECTS, SURVEYORS, BUILDERS, ETC. 

CONTAINING FULL TEXT OF THE ACTS, TOGETHER WITH THE CURRENT 
BY-LAWS, STANDING ORDERS, AND REGULATIONS OF THE LONDON 
COUNTY COUNCIL, THE CORPORATION OF THE CITY OF LONDON, ETC. 

BY 

PROFESSOR BANISTEE FLETCHER 

J.P., D.L., F.R.I. B.A., F.K.C., ETC., ETC. 

FIFTH EDITION- 
REVISED, REARRANGED, AND ENLARGED, 
WITH FURTHER NOTES AND CASES, BY 

BANISTER FLIGHT FLETCHER, P.R.I.B.A., F.S.I., ARCHITECT 

Barrister-at-Law of the Inner Temple 
Formerly Interim District Surveyor for West Newington and part of Lambeth 

AND 

HERBERT PHILLIPS FLETCHER, F.R.I.B.A., F.S.I., ARCHITECT 

Associate Member of the Institution of Civil Engineers 
Barrister-at-Law of the Middle Temple 

ILLUSTRATED WITH NUMEROUS PLATES 



LONDON 
B. T. BATSFORD LTD. 94 HIGH HOLBORN 



I Do UvmUJ 



PREFACE 

TO THE FIFTH EDITION. 

THE preparation of this new edition of the London Building 
Acts has enabled the authors to make several improvements 
and to bring the book up to date. The text has been care- 
fully revised, and in many parts rewritten so as to make it 
more serviceable, while additional cross-references have been 
inserted, to render it as easy of reference as may be. Recent 
important cases are included, and these have been abstracted 
at the end of each section to which they refer. 

In order to add to the utility of the book to all engaged 
in the Building Trades, we have completely recast its arrange- 
ment by separating it into well-defined sections with a table 
of contents at the beginning of each. 

Thus Sections A to E give in extenso the principal 
Building Acts from the London Building Act, 1894, to the 
London County Council (General Powers) Act, 1909, which 
is now included for the first time. 

Section F places succinctly before the reader the 
sections of various other Acts relating to buildings which 
are still in force. 

Section G deals with the special regulations as to the 
Cinematograph Act. 

Section H gives the Housing, Town Planning, etc., Act, 
1909. 

Section I contains the L.C.C. By-laws and Regulations 
made under various Acts which are in force at the present 
time, the Regulations made by the L.C.C. with respect to 
the requirements for the protection from fire of Theatres, 

I 171 v 



vi PREFACE 

etc., the requirements approved by the L.C.C. with regard 
to means of escape in case of fire, etc. , and also the By-Laws 
made by the Corporation of London with respect to water- 
closets, house drainage, demolition of buildings, etc., etc. 

Section J gives the By-laws and Regulations relating 
to sanitation under the Public Health (London) Act, 1891, 
the By-Laws and Regulations of the County of London 
made under the Metropolis Local Management Acts, and the 
Regulations made under the Metropolis Water Act, 1871. 

Section K contains a List of Forms in use relating to 
buildings, party walls, and dangerous structures. 

Section L. Includes the L.C.C. Regulations on Re- 
inforced Concrete (page 618) which have been issued in draft 
form. Although they have not yet received official sanction, 
it is probable they will not be materially altered. 

Section M gives a list of District Surveyors with their 
Districts. 

The abstract of the London Building Act, 1894, which 
appeared in previous editions, has been omitted, as it is 
found better in practice to refer to the actual statute. 
The principal sections are set forth in a table given before 
each Act. 

The index has been considerably extended and carefully 
arranged under subjects in order to enable quick and easy 
reference to be made to any matter connected with the 
building regulations of the Metropolis. 

BANISTER FLIGHT FLETCHER. 
HERBERT PHILLIPS FLETCHER. 

29 NEW BRIDGE STREET, 

LUDGATE CIRCUS, E.G., 

March, 1914. 



CONTENTS. 



PAGE 

LIST OF PLATES - - - xiii 

INDEX OF CASES xv 

LIST OF ABBREVIATIONS xviii 

SECTION A. 
LONDON BUILDING ACT, 1894. 

Part I. INTRODUCTORY. Sections 1 to 5 - - - 10-19 

Part II. FORMATION AND WIDENING OF STREETS. Sections 

6 to 21 19-33 

Part III. LINES OF BUILDING FRONTAGE. Sections 22 to 31 33-38 
Part IV. NAMING AND NUMBERING OF STREETS. Sections 

32 to 38 38-40 

Part V. OPEN SPACES ABOUT BUILDINGS, AND HEIGHT OF 

BUILDINGS. Sections 39 to 52 40-53 

Part VI. CONSTRUCTION OF BUILDINGS. Sections 53 to 81 53-73 
Part VII. SPECIAL AND TEMPORARY BUILDINGS AND WOODEN 

STRUCTURES. Sections 82 to 86 73-76 

Part VIII. RIGHTS OF BUILDING AND ADJOINING OWNERS. 

Sections 87 to 101 - - 76-92 

Part IX. DANGEROUS AND NEGLECTED STRUCTURES- - 92-98 
DANGEROUS STRUCTURES. Sections 102 to 114 - - 92-97 
NEGLECTBD STRUCTURES.. Section 115 - - - 97-98 
SUPPLEMENTAL AS TO DANGEROUS AND NEGLECTED 

STRUCTURES. Sections 116 and 117 - 98 

Part X. DANGEROUS AND Noxious BUSINESSES. Sections 

118 to 121 99-102 

vii 



viii CONTENTS. 

PAGE 

Part XI. DWELLING-HOUSES ON LOW-LYING LAND. Sec- 
tions 122 to 124 ... .... 102-103 

Part XII. SKY SIGNS. Sections 125 to 135 104-109 
Part XIII. SUPERINTENDING ARCHITECT AND DISTRICT 

SURVEYORS. Sections 136 to 159 109-119 

RETURNS BY DISTRICT SURVEYORS. Sections 160 to 

163 120 

Part XIV. BY-LAWS. Sections 164 and 165 - - - 121-123 

Part XV. LEGAL PROCEEDINGS. Sections 166 to 174 - 123-127 

TRIBUNAL OF APPEAL. Sections 175 to 186 - - 127-130 

REGULATIONS AS TO THE PROCEDURE TO BE FOLLOWED 

IN CASES OP APPEAL 166-172 

NOTICES. Sections 187 to 188 130-131 

Part XVI. MISCELLANEOUS Sections 189 to 199 - - 131-135 

OFFENCES AGAINST ACT. Section 200 - - - 135-140 

APPLICATION OF ACT. Sections 201-213 - - - 140-147 

REPEAL. Sections 214 to 218 147-149 

SCHEDULES. 

1st Schedule Preliminary to Parts 1 and 2. 149-151 

Part I. Buildings not public and not of the warehouse class 151-155 

Part II. Buildings of the warehouse class .... 155-158 

2nd Schedule. 
Materials considered fire-resisting 207-209 

3rd Schedule. 

Part I. Fees payable to District Surveyors, on new build- 
ings, etc. 159-161 

Part II. Fees payable to District Surveyors on dangerous 

structures - - - 161-162 

Part III. Fees payable to District Surveyors for special 

services 162 

Part IV. Fees payable to Council, etc. - - - 163-164 

th Scfodule, 

Acts repealed and part repealed 164-165 

SECTION B. 
THE LONDON BUILDING ACT, 1894 (AMENDMENT) 

ACT, 1898. Sections 1 to 10 173-178 



CONTENTS. IX 

SECTION C. 
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

PAGE 

SECTIONS 1 to 42 179-206 

THE FIRST SCHEDULE 207-209 

THE SECOND SCHEDULE - 209-210 

THE THIRD SCHEDULE 210 

SECTION D. 

THE LONDON COUNTY COUNCIL (GENERAL POWERS) 

ACT, 1908. 

Part I. INTRODUCTORY. Sections 1 to 4 - - - - 211-214 
Part II. SANITARY PROVISIONS. Sections 5 to 14 - - 214-220 
Part III. AMENDMENT OF LONDON BUILDING ACT, 1894. 

Sections 15 to 22 220-224 

SECTION E. 

THE LONDON COUNTY COUNCIL (GENERAL 

POWERS) ACT, 1909 225-244 

Part III. ACCOMMODATION FOR STORAGE OP FOOD. Sections 

16 to 19 - - 226-228 

Part IV. AMENDMENT OF LONDON BUILDING ACTS. Sec- 
tions 20 to 27 - - - 228-244 

SECTION F. 

SECTIONS OF VARIOUS ACTS WHICH RELATE 
TO BUILDINGS, AND ARE IN FORCE AT THE 
PRESENT TIME. 

Summary of Acts. 

THE METROPOLIS MANAGEMENT ACT, 1855 - - - 245-257 
THE METROPOLIS LOCAL MANAGEMENT ACTS AMENDMENT 

ACT, 1862 258-265 

THE METROPOLIS MANAGEMENT AND BUILDING ACTS 

AMENDMENT ACT, 1878 266-274 

THE METROPOLIS MANAGEMENT (THAMES RIVER PREVENTION 

OF FLOODS) AMENDMENT ACT, 1879 .... 275-301 

METROPOLIS BOARD OF WORKS (VARIOUS POWERS) ACT, 

1882 ... 303-304 



X CONTENTS. 

PAGE 

THE LONDON COUNTY COUNCIL (GENERAL POWERS) ACT, 

1890 305-307 

THE METROPOLIS MANAGEMENT AMENDMENT ACT, 1890 - 308-314 

THE PUBLIC HEALTH (LONDON) ACT, 1891 Relating to 

underground rooms, etc. 315-319 

THE PUBLIC HEALTH (LONDON) ACT, 1891 Relating to 

workshops, bakehouses, etc. ------ 320-327 

FACTORY AND WORKSHOPS ACT, 1907 Relating to health, 
safety, and means of escape in case of fire, and sanitary 
accommodation 328-343 

FACTORY AND WORKSHOPS ACT, 1907 Relating to laundries 

and certain institutions 344-350 

SECTION G. 

CINEMATOGRAPH ACT, 1909. Sections 1 to 10 - - 351-356 
REGULATIONS MADE UNDER THE CINEMATOGRAPH ACT, 1909 357-363 

SECTION H. 

HOUSING, TOWN PLANNING, ETC., ACT, 1909. 
Part I. HOUSING OF THE WORKING CLASSES. Sections 1 

to 53 - 364-394 

Part II. TOWN PLANNING. Sections 54 to 67 - - - 394-404 
Part III. COUNTY MEDICAL OFFICERS, COUNTY PUBLIC 
HEALTH AND HOUSING COMMITTEE, ETC. Sections 68 
to 72 ... 404-407 

Part IV. SUPPLEMENTAL. Sections 73 to 76 - - 407-409 

SCHEDULES - - - 409-419 

SECTION I. 

BY-LAWS AND REGULATIONS RELATING TO BUILDINGS 
METROPOLIS LOCAL MANAGEMENT ACT, 1855. 

BY-LAWS AS TO THE FORMATION OF NEW STREETS IN THE 

METROPOLIS 421-423 

BY-LAWS MADE BY THE COUNCIL UNDER SECTION 16 OF 
THE METROPOLIS MANAGEMENT AND BUILDING ACTS 
AMENDMENT ACT, 1878 425-429 

BY-LAWS MADE BY THE COUNCIL UNDER SECTION 31 OF 

THE LONDON COUNCIL (GENERAL POWERS) ACT, 1890 430-432 



CONTENTS. XJ 

PAGE 

REGULATIONS WITH REGARD TO APPLICATIONS UNDER THE 
LONDON BUILDING ACT, 1894, THE LONDON BUILDING 
ACT, 1394 (AMENDMENT) ACT, 1898 ; PART III. OF THE 
LONDON COUNTY COUNCIL (GENERAL POWERS) ACT, 
1908 ; AND PART IV. OF THE LONDON COUNTY COUNCIL 
(GENERAL POWERS) ACT, 1909 433-449 

THE METROPOLIS MANAGEMENT AND BUILDING 

ACTS AMENDMENT ACT, 1878. 

REGULATIONS MADE BY THE COUNCIL WITH RESPECT TO 
THE REQUIREMENTS FOR THE PROTECTION FROM FIRE 
OF THEATRES, HOUSES, ROOMS, ETC. : 

WITH REGARD TO THEIR CONSTRUCTION .... 450-468 
WITH REGARD TO ELECTRIC LIGHTING .... 469-482 

WITH REGARD TO HEATING 482-485 

LONDON COUNTY COUNCIL REQUIREMENTS UNDER THE 
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905, 

WITH RESPECT TO MEANS OF ESCAPE FROM FlRE, ETC. 487-497 

CORPORATION OF LONDON PUBLIC HEALTH 
DEPARTMENT. 

BY-LAWS WITH RESPECT TO WATER-CLOSETS, ETC. - - 498-528 
BY-LAWS RELATING TO SANITATION MADE UNDER THE 
PUBLIC HEALTH (LONDON) ACT, 1891, UNDER SECTIONS 

16 AND 39 530-550 

DRAINAGE BY-LAWS MADE IN 1900 BY THE L.C.C. UNDER 

THE METROPOLIS MANAGEMENT ACT, 1855. Section 202 551-564 

SECTION J. 

BY-LAWS MADE BY THE L.C.C. UNDER THE METRO- 
POLIS MANAGEMENT ACT, 1855, SECTION 202, 
AND THE METROPOLIS MANAGEMENT ACTS 
AMENDMENT (BY-LAWS) ACT, 1899. 
CONSTRUCTION OF A DRAINAGE SYSTEM AS A WHOLE 

DEPOSIT OF PLANS, ETC. 566-569 

ADDITION TO PARTIAL CONSTRUCTION, ENTIRE OR PARTIAL 
RECONSTRUCTION OR ALTERATION OF A DRAINAGE 

SYSTEM 569-570 

ALTERATIONS OF DRAINS IN CASES OF URGENCY - - 570-572 



xil CONTENTS. 

PAGE 

COUNTY OF LONDON REGULATIONS UNDER THE 
METROPOLIS LOCAL MANAGEMENT ACTS 
WHICH ARE IN FORCE UNDER THE BOROUGH 
COUNCILS. 

CONDITIONS FOB THE REGULATION OF HOUSE DRAINS, ETC. 573-576 
REGULATIONS AS TO CONSTRUCTION OF VAULTS, COAL 

PLATES, AREAS, AND AREA GRATINGS - 576-578 

REGULATIONS AS TO THE ERECTION OF PRIVATE LAMPS - 579-580 
CONDITIONS FOR THE REGULATION OF HOARDS AND 

SCAFFOLDS 580-582 

ADVERTISING STATIONS RATING ACT, 1889- - - - 582-583 
REGULATIONS MADE UNDER THE METROPOLIS WATER ACT, 

1871 - 584-589 

SECTION K. 

LONDON COUNTY COUNCIL FORMS IN USE. 

A. FORMS IN USE RELATING TO BUILDINGS AND PARTY 

WALLS 590-601 

B. FORMS IN USE RELATING TO DANGEROUS STRUCTURES- 602-603 

C. FORMS IN USE RELATING TO THE RIGHTS OF BUILDING 

AND ADJOINING OWNERS (ROYAL INSTITUTE OF BRITISH 

ARCHITECTS) 604-611 

NOTICE FROM THE OWNER TO THE LONDON COUNTY 
COUNCIL OF INTENTION TO ERECT BUILDING UNDER 
THE LONDON BUILDING ACTS (AMENDMENT) ACT, 1905 612-615 

SECTION L. 
L.C.C. REGULATIONS ON REINFORCED CONCRETE - - - 617-654 

SECTION M. 

LIST OF DISTRICT SURVEYORS. 
SUPPLEMENT 656-669 

INDEX 671 



LIST OF PLATES. 



PLATE PAGE 

1. DOMESTIC BUILDINGS ON NEW STREETS 41 

2. SECTION SHOWING BACK YARD AND DIAGONAL LINE - 42 

3. DOMESTIC BUILDINGS ON OLD STREETS 45 

4. COURTS WITHIN A BUILDING 49 

5. HEIGHT AND OPEN SPACES ABOUT BUILDINGS 50 

6. RECESSES IN EXTERNAL AND PARTY WALLS, AND CHASES 

IN PARTY WALLS 53, 54 

7. LANTERN LIGHT, POSITIONS TO FRONT AND PARTY WALLS 56 

8. CHIMNEYS AND FLUES IN EXTERNAL AND PARTY WALLS 58-61 

9. LEAST HEIGHT FOR HABITABLE ROOM WHOLLY OR PARTLY 

IN ROOF 63 

10. PROJECTION OF SHOP FRONTS AND CORNICES IN FRONT 

OF EXTERNAL WALL 67 

11. EXEMPTED PRIVATE BUILDINGS .... 142, 143 

BUILDINGS NOT PUBLIC AND NOT OF THE WAREHOUSE 
CLASS. 

- 152 
152 

- 152.153 

- 153 

. 154 

AS TO THICKNESS WITH 
EXTERNAL OR PARTY WALL 158 



12 f Up to 25 
\ 25 40 


feet high) 


13. 40 50 





u . f 50 60 
\ 60 70 


;; } 


1* f 70 80 


-\ 


15. J 




\ 80 90 


j 


16. / 90 10 


) 


\100 120 


/ 


17. CROSS WALL. 


COMPARISON 



xiv LIST OF PLATES. 

WABEHOUSE WALLS, 



PLATE 


PAGE 




{Up to 25 


feet high} 




18. 


25 30 


1 - 




1 






30 40 


J 




19. 


40 50 


) - 


- 156 


20. 


/ 50 60 
t 60 70 


:: } - 


156 


21. 


r 70 80 
\ 80 90 


:: }; 


- 156, 157 


22. 


( 90 100 
|lOO 120 


:: }- - 


- 157 


23. 


CBOSS WALL. 


COMPARISON AS 


TO THICKNESS WITH 


EXTERNAL OB PARTY WALL - 


158 



TABLE OF CASES. 



Adams v. Marylebone Borough 

Council (1907), 79. 
Adams v. The Mayor, etc., of St. 

Marylebone (1906), 83. 
Aerated Bread Co. v. Shepherd 

(1897), 60. 

Allen v. L.C.C. (1895), 35. 
Arding v. Economic Printing 

and Publishing Co. (1898), 195. 
Armstrong v. L.C.C. (1900), 20. 
Ashbridge v. Evans (1904), 113. 

Bovill v. Gibbs (1887), 124. 
Brass v. L.C.C. (1904), 338. 
Bryer v. Willis (1870), 82. 

Carritt v. Godson (1899), 70. 

Caudwell v. Hanson (1872), 119. 

Charing Cross and Strand Elec- 
tricity Supply Corporation v. 
Woodthorpe (1903), 66, 113. 

City of Westminster v. L.C.C. 
(1902), 75. 

City of Westminster v. Watson 
(1902), 110. 

Coburg Hotel Co. v. L.C.C. (1899), 
34. 

Coole v. Lovegrove (1893), 141. 

Corbett v. Badger (1901), 119. 

Crisp v. L.C.C. (1899), 93. 

Crosby v. Alhambra Co., Ltd. 
(1907), 81. 

Crofts v. Haldane (1867), 83, 92. 

Crow v. Davis, No. 1 (1903), 28. 
b 



Crow v. Davis, No. 2 (1904), 28. 
Grow v. Redhouse (1895), 13, 146. 

(1907), 81. 
Crystal Palace Co. v. L.C.C. 

(1900), 144. 

Daw v. L.C.C. (1890), 21. 
Debenham v. M.B.W. (1880), 95, 

126. 

Dicksee v. Bullers (1898), 113. 
Dicksee v. Graham (1900), 113. 
Dicksee v. Hoskings (1901), 70. 
Dicksee v. Pearce (1904), 113. 
Drury v. Richard (1899), 144. 

Earle v. Maugham (1863), 127. 
Elliott v. L.C.C. (1899), 76, 141. 
Ellis v. L.C.C. (1904), 103. 
Ellis v. Plumstead B.W. (1893), 

33. 
Evelyn v. Whichcord (1858), 119. 

Fillingham v. Wood (1891), 81. 
Fletcher v. Lewis (1892), 119. 
Foot v. Hodgson (1890), 150. 

Galbraith Bros. v. Dicksee(1910), 

141. 
Gilbart v. Wandsworth B.W. 

(1899), 33. 
Goldstein v. Hollingsworth 

(1904), 196. 

Green v. Bales (1841), 14. 
Greig v. Robertson (1912), 57, 

113, 114. 



XVI 



TABLE OF CASES. 



Handover v. Meeson (1903), 71, 

113. 
Hewitt v. Kirk & Randall (1895), 

45. 
Hobbs, Hart & Co. v. Grover 

(1899), 81. 
Homer v. Franklin (1905), 196, 

339. 

Hughes v. Percival (1883), 79. 
Hull v. L.C.C. (1901), 69. 
Hunt v. Harris (1865), 17, 95, 

126. 

Joliffe v. Woodhouse (1894), 82. 
Knight v. Pursell (1879), 78. 

Labalmondiere t). Addison (1858), 

95, 124. 
Labalmondiere v. Frost (1859), 

95. 
Lavy & Upjohn v. L.C.C. (1895), 

34. 
Leadbetter v. Marylebone 

Borough Council, No. 1 (1904), 

83. 

Leadbetter v. Marylebone Bor- 
ough Council, No. 2 (1905), 

82. 

Legg v. Smith (1892), 13, 134. 
Lemaitre v. Davies (1881), 79. 
Lewis & Salome v. The Charing 

Cross, Euston, and Hampstead 

Railway Co. (1906), 78. 
Lilley & Lilley & Skinner v. 

L.C.C. (1907), 34. 
List v. Sharp (1897), 77, 81. 
L.C.C. v. Bernstein (1897), 94. 
L.C.C. v. Best & Co. (1893), 37. 
L.C.C. v. Bush & Co., Ltd. (1901), 

28. 
L.C.C. v. Cannon Brewery Co., 

Ltd. (1911), 192. 

L.C.C. v. Carwardine (1892), 105. 
L.C.C. v. Davis (1897), 28. 
L.C.C. v. Davis (1895), 20. 
L.C.C. v. District Surveyors' 

Association and Willis (1909), 

141. 

L.C.C. v. Dixon (1899), 20. 
L.C.C. v. Hancock & James 

(1907), 34. 



L.C.C. v. Heathman (1905), 20. 
L.C.C. v. Herring (1894), 92. 
L.C.C. v. Illuminated Advertise- 
ments Co. (1904), 35, 69. 
L.C.C. v. James Webster (1896), 

27. 

LX3.C. v. Jones (1912), 92. 
L.C.C. v. Lewis (1900), 338. 
L.C.C. andL.B. Act, 1894 (1904), 

35, 130. 
L.C.C. v. Metropolitan Gas Co. 

(1898), 27. 
L.C.C. v. Metropolitan Railway, 

and Others (1907), 35. 
L.C.C. v. Rowton Houses, Ltd., 

(1897), 28. 
L.C.C. v. Savoy Hotel Co. (1896), 

105. 

L.C.C. v. Schewzik (1905), 34. 
L.C.C. v. Sheinman (1905), 96. 
L.C.C. v. Spink & Son (1908), 

185. 

L.C.C. v. Tubbs (1904), 338. 
L.C.C. v. Wandsworth & Putney 

Gas Co. (1900), 27. 
L.C.C. v. Worley (1894), 124. 

Major v. Park Lane Co. (1866). 

81. 
Marsland v. Thompson (1900), 

56. 

Marwood v. L.C.C. (1906), 35. 
Meeson v. Richmond (1896), 113. 
Minturn v. Barry (1911), 78. 
Moir v. Williams (1892), 118. 
Monk v. Arnold (1902), 196, 339. 
Moses v. Marsland (1901), 16. 
Mourilyan v. Labalmondiere 

(1861), 17. 

North Kent Railway v. Badger 
(1858), 76. 

Orf v. Payton (1904), 17, 77. 

Payne v. Cohen (1900), 113. 
Payne v. Hackett (1907), 194. 
Payne v. Wright (1892), 57, 124. 
Paynter v. Watson (1898), 48. 
Pears Ltd. v. L.C.C., 69. 
Power v. Wigmore (1872), 118. 



TABLE OF CASES. 



xvil 



Rea v. L.C.C. (1911), 176. 
Receiver of Met. Police v. Picca- 
dilly Hotel Synd. (1906), 51. 
Reg. v. Brown (1881), 117. 
Reg. v. L.C.C. (1897), 26. 
Reg. v. Lee (1879), 95. 
Rex v. Denman (1907), 34. 
Rex v. D'Eyncourt, 124. 

St. James' Hall Co. v. L.C.C. 
(1901), 270. 

School Board of London v. Ber- 
nard Dicksee (1898), 28. 

Scott v. Carritt (1899), 35. 

Simpson v. L.C.C. (1900), 21. 

Sims v. The Estates Co., Ltd. 
(1866), 81. 

South-Eastern and Chatham 
Railway Companies, and 
Others v. L.C.C. (1907), 38. 

Standard Bank of South Africa 
v. Stokes (1878), 79. 

Stone v. Hastie (1903), 83. 

Stroud v. Wandsworth District 
Board of Works (1894), 32, 310. 

Tanner v. Oldham (1896), 147. 
Toller v. Spiers & Pond (1903), 
338. 



Tubb v. Good (1870), 119. 
Tubbs v. L.C.C. (1906), 198. 
Tubbs v. L.C.C. (1907), 198. 
Tussaud v. L.C.C. (1892), 105. 

Venner v. M'Donnell (1897), 71, 

113. 
Vestries of Westminster v. Hos- 

kins (1899), 144. 

Walduck v. L.C.C. (1902), 45. 
Wallen v. Gliickstein (1893), 13, 

134. 
Wandsworth B.W. v. Hall (1869), 

33. 

Watt v. Meeson (1898), 33. 
Wendon v. L.C.C. (1894), 34. 
Western v. Arnold (1872), 14. 
Westminster v. Watson & Ors. 

(1902), 75. 

Wheeler v. Gray (1859), 82. 
White v. Peto Brothers (1888), 

82. 
Whitechapel Board of Works v. 

Crow (1901), 66, 113. 
Wood v. L.C.C. (1895), 20. 
Woodham v. L.C.C. (1898), 21. 



LIST OF ABBREVIATIONS USED 

IN THE CASES GIVEN. 

c. - Chapter. 

C.A. .... Court of Appeal. 

C.B. (N.S.) - Common Bench Reports (New Series). 

C.D. Chancery Division (1875-90). 

J.P. " Justice of the Peace." 

J.P. (D.) k< Justice of the Peace," Digest of Cases. 

K.B. King's Bench. 

L.B.A. - - London Building Act. 

L.G.R. - Local Government Reports. 

L.J. (Ch.) - - Law Journal, Chancery. 

L.J. (C.P.) - - Law Journal, Common Pleas. 

L.J. (K.B.) Law Journal, King's Bench. 

L.J. (M.C.) - Law Journal, Mayor's Court. 

L.J. (Q.B.) Law Journal, Queen's Bench. 

L.R. (Ch.) - - Law Reports, Chancery. 

L.R. (C.P.) Law Reports, Common Pleas Cases. 

L.R. (Eq.) Law Reports, Equity Cases. 

L.T. - Law Times Reports. 

L.T. (O.S.) Law Times Reports (Old Series). 

M.B. Act - - Metropolitan Building Act. 

M.B.W. - - - Metropolitan Board of Works. 

N.L.P. Court North London Police Court. 

P.O. - - - Police Court. 

Q.B. .... Queen's Bench. 

Q.B.D. - Queen's Bench Division. 

S.J. - - Solicitors' Journal. 

s.s. - - Sub-section. 

T.L.R. - - Times Law Reports. 

W.R. - - - Weekly Reporter. 



xv Hi 



SECTION A. 
THE LONDON BUILDING ACT, 1894. 

PREAMBLE. 
PART I. INTRODUCTORY. 

SECTION PAGE 

1. Short title 10 

2. Division of Act into Parts ... - - 10, 11 

3. Commencement of Act 11 

4. Extent of Act 11 

5. Definitions - - 11-19 

PART II. FORMATION AND WIDENING OF STREETS. 

6. As to making streets 19 

7. Sanction to formation of new streets - - - 19, 20 

8. Evidence of commencement of street - 20 

9. Grounds for refusal to sanction plans of streets - - 20-22 

10. Adaptation of ways for streets 22, 23 

11. Grounds for refusing to sanction adaptation of ways 

for streets 23-25 

12. Greater width of street may be required in certain cases 25 
13.' Position of new buildings with reference to streets 25-28 

Section 14 of the Act of 1894 is repealed by the Act of 
1898, section 3 (1). See pages 175 and 176. 

15. As to compensation in certain cases .... 29, 30 

16. As to erection of buildings at less than prescribed dis- 

tance from centre of ways not being highways - 30-32 

17. Sanction to construction of new buildings at less than 

prescribed distance 

18. Regulations to be printed and supplied 32 

19. Appeal - - 32 

20. As to private roads laid out by a railway company 

21. Exempting certain School Board buildings - 

PART III. LINES OF BUILDING FRONTAGE. 

22. Mode of proceeding with regard to buildings beyond 

line of street 33-35 

23. Buildings projecting beyond general line when taken 

down to be set back - - ... 35, 36 

24. Notices of definition of general line 36 



2 THE LONDON BUILDING ACT, 1894. 

SECTION 

25. Appeal against certificate of architect as to general line 36, 37 
26! Conditions may be attached to consent to building in 

front of general line - - 37 

27. Consent not to affect rest of general line 37 

28. Effect of conditions 37 

29. Defining in what street or way a building or structure 

is situate 37 

30. Part of Act not to apply in City 38 
31 Certain powers of railway companies not affected by 

this Part of Act 38 

PART IV. NAMING AND NUMBERING OF STREETS. 

32. Notice of new name of street 38 

33. Affixing names of streets by Local Authority 38 

34. Altering names of streets - 39 

35. Notice of altering names of streets 39 

36. Numbering houses ... 39 

37. Power to Council to name and number streets in de- 

fault of Local Authority complying with order - 39, 40 

38. Register to be kept of alterations in names of streets - 40 

PART V. OPEN SPACES ABOUT BUILDINGS, AND HEIGHT 
OF BUILDINGS. 

39. Meaning of " domestic building " in this Part of Act 40 

40. Light and ventilation of habitable basements - 40, 41 

41. Space at rear of domestic buildings 41 

Domestic buildings abutting on new streets - 42, 43 

Domestic buildings abutting on old streets - 44, 45 

42. Open space to be provided about certain buildings not 

on public way - 46, 47 

43. Saving for certain domestic buildings on old sites 47, 48 

44. Laying out of new streets on cleared area ... 48 

45. Courts within a building - - 49 

46. Superintending architect may define front or rear of 

buildings 49 

47. Height of buildings limited - 50 

48. Procedure where greater height allowed 50, 51 

49. Heights of buildings in certain cases 51, 52 

50. Raising of buildings so as to comply with provisions of 

Act as to habitable rooms .... 52 

51. As to re-erection of certain working class dwellings of 

Local Authority - 52 

52. Saving for certain domestic buildings with stables in 

the rear 52, 53 

PART VI. CONSTRUCTION OF BUILDINGS. 

53. Structure and thickness of walls - 53 

54. Rules as to recesses and openings 53, 54 

55. Rules as to timbers in external walls - 54 



PREAMBLE. 3 

SECTION PAGE 

56. Rules as to bressummers 55 

57. Heights and thicknesses of parapets to external works 55 

58. Cases in which a wall to be deemed a party wall - - 56 

59. Heights of party walls above roofs .... 55 

60. Rules as to chases in party walls - - - - - - 56 

61. Rules as to construction of roofs 57 

62. Storeys in roofs 57 

63- Means of escape at top of high buildings ... 53 

64. Rules as to chimneys and flues 58-61 

65. Furnace chimney shafts - - - - - 61, 62 

66. Rules as to close fires and pipes for conveying vapour, &c. 62 

67. Floors above furnaces and ovens - 63 

68. Rules as to recesses and stairs in certain buildings - 63 

69- Ventilation of staircases 63 

70. Rules as to habitable rooms - - 63-65 



71. Rules as to party arches over public ways 

72. Rules as to arches under public ways - 

73. Rules as to projections - 
74- Separation of buildings 



65 

65,66 
66-69 
70,71 



Sections 75, 76, and 77 have been repealed by Section 
16 of the London County Council (General Powers) 
Act, 1908, and Part IH. (Sections 15 to 22) of latter 
Act enacted in substitution thereof. See pages 
220-224. 

78. Construction of public buildings 71 

79- Conversion of houses, &c., in public buildings 74 

1 80. Staircases in churches and chapels - - 72, 73 

81. Application of Act to buildings under railway arches 73 

PART VII. SPECIAL AND TEMPORARY BUILDINGS AND 
WOODEN STRUCTURES. 

82. Application to Council for buildings to which rules of 

Act are inapplicable 73, 74 

83. Control by Council of certain temporary buildings - 74, 75 

84. Wooden structures not to be erected without license 

of Council (see Note at end of this Section, SS 1) - 75, 76 

85. Piles of loose timbers not regarded as structures (do.) - 76 

86. As to structures of railway companies - 76 

PART VEIL RIGHTS OF BUILDING AND ADJOINING OWNERS. 

87. Rights of owners of adjoining lands respecting erection 

of walls on line of junction - - 76-78 

88. Rights of building owner - 78-88 

89. Rights of adjoining owner - 80 

90. Rules as to exercise of rights by building and adjoining 

owners 81,82 

91. Settlement of difference between building and adjoining 

owners - - 83-86 

92. Power for building owner to enter premises - 86 

93. Building owner to underpin adjoining owner's building 86, 87 



4 THE LONDON BUILDING ACT, 1894. 

SECTION PAGE 

94. Security to be given by building owner and adjoining 

owner 87, 88 

95. Rules as to expenses in respect to party structures - 88-91 

96. Account of expenses to be delivered to adjoining owner 91 

97. Adjoining owner may object to account ... 91 

98. Building owner may recover if no appeal made 91 

99. Structure to belong to building owner until contribution 

paid - 91 

100. Adjoining owner liable to expenses incurred ou his 

requisition 91 

101. Saving for lights in party walls, &c. 92 

PART IX. DANGEROUS AND NEGLECTED STRUCTURES. 
Dangerous Structures. 

102. Meaning of structure 92 

103. Survey to be made of dangerous structures - - 92, 93 

104. Effect of this Part of Act within the City - - 93 

105. Surveyor to give certificate - - 93 

106. Notice to be given to owner in respect of certificate 93 

107. Proceedings to enforce compliance with notice - 93-95 

108. Court may make order notwithstanding arbitration 95 

109. Expenses ... 95 

110. Provisions respecting sale of dangerous structures 95, 96 

111. If proceeds insufficient, land not to be built on till 

balance paid - 96 

112. Recovery of expenses 96 

113. Fees to surveyor - 96 

114. Power to remove inmates from dangerous structure - 96, 97 

Neglected Structures. 

115. Removal of dilapidated and neglected buildings - 97, 98 

Supplemental as to Dangerous and Neglected Structures. 

116 Provision for enforcing repayment of expenses incurred 

by Council 98 

117. Fees on dangerous or neglected structures to Council - 98 

PART X. DANGEROUS AND Noxious BUSINESSES. 

118. Regulations for building near dangerous business - 99 

119. Regulations for building near noxious business - - 99, 100 
120 Provisions as to certain old noxious businesses (Metro- 
politan Building Act, 1844, Sections 54-58) - 100, 101 

121. Saving for gas-works and distilleries - - . 101, 102 

PART XI. DWELLING HOUSES ON LOW-LYING LAND. 

122. Dwelling-houses on low-lying land 102, 103 

123. Power to make regulations - 

124. Publication and copies of regulations - 108 



PART XII.SKY SIGNS. 



125. Sky signs ........ 104, 105 

126. District Surveyor to act for purposes of this Act - - 105 

127. Prohibition of future sky signs ..... 105 

128. Regulations of existing sky signs ..... 105 

129. Renewal of license 105-107 

130. Alteration of sky signs to meet surveyor's requirements 107, 108 

131. Notice of refusal of certificate to be sent to the Council 108 

132. Appeal against refusal of certificate .... 108 

133. Forfeiture of license ....... 108 

134. Removal of sky signs ...... 108,109 

135. Application of this Part of Act within the City - - 109 



PART XIII. SUPERINTENDING ARCHITECT AND DISTRICT SUR- 
VEYORS. 

136. Power for Council to appoint Superintending Architect 109, 110 

137. Power of Superintending Architect to appoint deputy - 110 

138. Buildings to be supervised by District Surveyors - - 110 

139. Powers of Council as to surveyors and districts - 110, 111 

140. Examination of candidates for office of surveyor - - 111 

141. Surveyor to have an office ...... Ill 

142. Power of surveyor to appoint deputy - 112 

143. Power to appoint assistant surveyor .... H2 

144. Surveyor not to act in case of works under his profes- 

sional superintendence ...... 112 

145. Notices to be given to surveyor by builder - 112, 113 

146. Surveyor to enforce execution of Act .... 114 

147. Notice to be evidence of intended works - - - 114 

148. Power of entry to inspect buildings - - - 114 

149. In case of emergency, works to be commenced without 

notice ....... 114,115 

150. As to service of notice of objection on builder or build- 

ing owner - ....... 115 

151. Notice by surveyor in case of irregularity - - 115, 116 

152. Notice of irregularity after completion of building 116, 117 

153. Summary proceedings on non-compliance with notice - 117 

154. Payment to surveyors for ordinary -and special services 117, 118 

155. Council to pay District Surveyor in relation to forma- 

tion of streets, &c. ....... 118 

156. Fees in relation to evidence before tribunal - - - 118 

157. Periods when surveyors entitled to fees 118, 119 

158. Power of Council to pay salaries to surveyors - - 119 

159. Council may proceed on behalf of District Surveyor 119 

Returns by District Surveyors, 

160. Monthly returns by District Surveyor to Council - 120 

161. Return to be a certificate that works are in accordance 

with Act ......... 120 



6 THE LONDON BUILDING ACT, 1894. 

SECTION 

162. Audit of accounts of fees charged by District Surveyor 120 

163. District Surveyor to notify certain irregularities to the 

Council - - 120 

PART XIV. BY-LAWS. 

164. Power to Council to make by-laws 121-123 

165. Saving for the City of London 123 

PART XV. LEGAL PROCEEDINGS. 

166. Summary proceedings for offences, &c., and recovery of 

penalties 123, 124 

167. Proceedings by surveyor .... . 124 

168. Powers of and appeal from County Court - - 124 

169. Application of penalties - - 124 

170. Council may demolish buildings and sell materials, and 

recover expenses 124, 125 

171. Procedure by local authorities in case of buildings in ad- 

vance of general line 125, 126 

172. Payment of surplus of proceeds into court - - - 126 

173. Payment of expenses by owners - 126, 127 

174. As to periods for giving consents, &c., expiring in vaca- 

tions - 127 

Tribunal of Appeal 

175. Constitution and powers of tribunal of appeal - 127, 128 

176. Duration of office 128 

177. Removal of members - 128 

178. Vacancies to be supplied - 128 

179. Remuneration of members of tribunal - - - 128 

180. Officers, &c., of tribunal ... - - 128 

181. Powers for Council to support decisions of officers before 

tribunal 129 

182. Tribunal may state case for opinion of High Court - 129 

183. Procedure of tribunal 129,130 

184. Regulations as to procedure and fees 130 

185. Enforcement of decision of tribunal - 130 

186. Fees, &c., to be paid to Council expenses - 130 

Notices. 

187. Notices to be in writing - - 130 

188. Service of notices 130, 131 

PART XVI. MISCELLANEOUS. 

189. Expenses, how borne - 131 

190. Power for Council to annex conditions - - - 132 

191. As to buildings of historical interest - - - 132 

192. Power of entry to owner, &c., to execute work 132 

193. Limitation of time for proceedings where notice not 

given 132,133 



PREAMBLE. ? 

SECTION PAGE 

194. Plans and documents to be property of Council - - 133 

195. Mode of giving approval of Council to plans - - - 133 

196. Consent, how given on behalf of owners not to be found 133 

197. Storing of wood and timber - 133, 134 

198. Removal of roof not to affect proceedings - 134 

199. Preventing obstructions in streets - 135 

OFFENCES AGAINST ACT. 

200. Offences against Act 135-140 

APPLICATION OF ACT. 

201. Buildings exempt from Parts of Act - - - 140-144 

202. Exemption of Government buildings - - - 144 

203. As to buildings for the supply of electricity - - 144, 145 

204. Exempting lands, buildings, and property of Inns of 

Court - - 145 

205. Saving existing rights of gas companies - - - 145 

206. Duration of exemption 145 

207. Buildings not to be altered so as not to conform to Act 145, 146 

208. When remainder of party wall, &c., to be taken down - 146 

209. Additions to, and alteration of buildings - - - 146 

210. Application of Act to buildings erected before com- 

mencement of Act - - .... 146 

211. Rules as to conversion of buildings - - 146, 147 

212. Buildings in progress 147 

213. Saving powers of local authorities - 147 

REPEAL. 

214. Repeal of Section 50 of " Metropolitan Railway Act, 

1866" .... H7 

215. Repeal of enactments in Schedule - ... 14.3 

216. By-laws, &c., under repealed Acts to remain in force - 148 

217. Saving for existing officers 148 

218. References in Acts or documents to repealed Acts to be 

read as referring to this Act - - 148, 149 

SCHEDULES. 
1st ScJi&dule Preliminary to Paris 1 and 2. 

Part 1. Buildings not public, and not of the ware- 
house class - 149-155 
Part 2. Buildings of the warehouse class - 155-158 

2nd Schedule. 

Materials considered fire-resisting - 159 

This schedule has been repealed. Section 5 
and the 1st Schedule of the London Build- 
ing Acts (Amendment) Act, 1905, have been 
substituted. 207-209 



LONDON BUILDING ACT, 1804, 

3rd Schedule. 



Part 1. Fees payable to District Surveyors, on new 
buildings, alterations, additions, or other works, 
on chimneys and flues, on certifying plans, on 
wooden and temporary structures, on attending 
at court - 159-161 

Part 2. Fees payable to District Surveyors on 
dangerous structures ..... 161, 162 

Part 3. Fees payable to District Surveyors for 
special services ....... 162 

Part 4. Fees payable to Council on dangerous struc- 
tures, dilapidated or neglected buildings or struc- 
tures, regulations- 163-164 

th Schedule. 
Acts repealed and part repealed - - - 164, 165 



THE LONDON BUILDING ACT, 1894, 

57 & 58 VICTORIA. 
CHAPTEK CCXIII. 

An Act to consolidate and amend the Enactments relating 
to Streets and Buildings in London. 

[25th August 1894.] 

WHEEEAS enactments relative to streets and buildings 
in the administrative county of London are contained in 
the following Acts, viz. : 

Public Act. 
Public Act. 
Public Act. 
Public Act. 

Public Act. 
Public Ac*. 

Public Act. 
Public Act. 
Public Act. 

Public Act. 

Local and Per- 
sonal Act. 

Local and Per- 
sonal Act. 

Local and Per- 
sonal Act. 



The Metropolitan Building Act, 

The Metropolis Management Act, 1855. 

The Metropolitan Building Act, 1855. 

The Metropolitan Building Act (Amend- 
ment), 1860. 

The Metropolitan Building Amendment 
Act, 1861. 

The Metropolis Management Amend- 
ment Act, 1862. 

The Metropolitan Building Act, 1869. 

The Metropolitan Building Act, 1871. 

The Metropolis Management and Build- 
ing Acts Amendment Act, 1878. 

The Metropolis Management and Build- 
ing Acts (Amendment) Act, 1882. 

The London Council (General Powers) 
Act, 1890. 

The London Sky Signs Act, 1891. 

The London County Council (General 
Powers) Act, 1893. 

(9) 



16 ME LONDON BUILDING ACT, 1894. 

And whereas the existing provisions of the said Acts 
are complicated, and in some respects doubtful, and are 
insufficient to secure the construction and maintenance of 
streets and buildings in a satisfactory manner : 

And whereas it will conduce to the public convenience 
that the said Acts should be repealed to the extent set 
forth in this Act, and that further provisions should be 
made, and powers conferred, in order to secure a proper 
width and direction of streets, the sound construction of 
buildings, the diminution of the danger arising from fire, 
the securing of more light, air, and space round buildings, 
and generally with respect to the control and regulation 
of streets and buildings, and otherwise as in this Act set 
forth : 

And whereas the purposes aforesaid cannot be effected 
without the authority of Parliament : 

May it therefore please Your Majesty, that it may be 
enacted, and be it enacted by the Queen's most Excellent 
Majesty, by and with the advice and consent of the Lords 
Spiritual and Temporal and Commons, in this present 
Parliament assembled, and by the authority of the same 
as follows (that is to say) : 



PABT I. 
INTKODUCTOEY. 

Short title. 1 This Act may be cited as the London Building Act, 
1894. 

Division of g This Act shall be divided into parts as follows : 
part?* Part I. Introductory. 

II. Formation and Widening of Streets. 

III. Lines of Building Frontage. 

IV. Naming and Numbering of Streets. 
V. Open Spaces about Buildings and 

Height of Buildings. 
VI. Construction of Buildings. 
VII. Special and Temporary Buildings and 

Wooden Structures. 
VIII. Eights of Building and Adjoining 

Owners. 



INTRODUCTORY. 11 

Part IX. Dangerous and Neglected Structures. Sec. 2. 
,, X. Dangerous and Noxious Businesses. 
,, XI. Dwelling-Houses on Low-Lying Land. 
XII. Sky Signs. 
,, XIII. Superintending Architect and District 

Surveyors. 
XIV. By-laws. 
,, XV. Legal Proceedings. 
XVI. Miscellaneous. 

3 This Act shall come into operation on, and shall take j^ " 
effect from the first day of January next after the passing ment of 
thereof, which date is in this Act referred to as the com- Act> 
mencement of this Act. 

4 This Act shall, save so far as is otherwise provided, Extent of 
extend to London and no further : 

Provided always, that in addition to any exemption 
referring to the Commissioners of Sewers 1 contained in 
this Act, nothing in this Act contained shall in any way 
take away, alter, prejudice, or affect any of the powers, 
privileges, exemptions, jurisdictions, or authorities given 
to or vested in the Commissioners of Sewers, by or under 
any Act of Parliament, and existing immediately before 
the passing of this Act, notwithstanding the repeal of the 
Acts specified in the Fourth Schedule hereto. 

5 In this Act, unless the context otherwise requires Defini- 

1. The expression "street" means and includes any tlon8t 

highway and any road, bridge, lane, mews, footway, 
square, court, alley, passage, whether a thoroughfare 
or not, and a part of any such highway, road, 
bridge, lane, mews, footway, square, court, alley, 
or passage. 

2. The expression "way" includes any public road, 

way, or footpath, not being a street, and any private 
road, way, or footpath which it is proposed to con- 
vert into a highway, or to form, lay out, or adapt as 
a street. 

3. The expression " roadway "in relation to any street 

or way, means and includes the whole space open 

1 Now the Sanitary Committee of the Corporation of London. 



12 ME LONDON BUILDING AC*, 184. 

Sec. 5. fc> r traffic, whether carriage traffic and foot traffic 

or foot traffic only. 

4. The term " centre of the roadway" means 

(a) In relation to any street or way of which the 
centre of the roadway has been ascertained or 
denned by the Council or the superintending 
architect previously to or after the commence- 
ment of this Act, the centre of the roadway as 
so ascertained or denned ; 

(6) In relation to any street or way of which the 
centre of the roadway shall not have been 
ascertained or denned by the Council or the 
superintending architect, where the roadway 
opposite the side of the building in question 
shall, since the twenty-second day of July, one 
thousand eight hundred and seventy-eight, 
have been widened, the centre of the roadway 
as existing immediately before the date of such 
widening, or where it shall not have been so 
widened, the actual centre of the existing road- 
way : 

For the purpose of any enactment in this Act referring 
to the centre of the roadway, the superintending 
architect may at any time define the line constituting 
the centre of the roadway, in the case of a street 
formed or laid out after the eighteenth day of August, 
one thousand eight hundred and ninety, and the line 
so defined shall continue to be deemed the centre 
for such purpose, notwithstanding that the actual 
centre of the roadway may have become altered by 
reason of the roadway having been widened either 
on one side only, or on both sides to an unequal 
extent. 

5. The expression "the prescribed distance" means 

twenty feet from the centre of the roadway where 
such roadway is used for the purpose of carriage 
traffic, and ten feet from the centre of the roadway 
where such roadway is used for the purposes of foot 
traffic only. 

6. The expression " new building " means and includes 

Any building erected after the commencement of 
this Act ; 



INTRODUCTORY. 13 

Any building which has been taken down for Sec. 5- 
more than one-half of its cubical extent, and 
re-erected or commenced to be re-erected, 
wholly or partially, on the same site after the 
commencement of this Act. 

Any space between walls and buildings which is 
roofed or commenced to be roofed after the 
commencement of this Act. 

NOTE. Under the old Metropolitan Buildings Act, if half of the 
building had been removed then the whole of the building including 
party walls had to be taken down, and although the words of the 
Act are similar, yet in Section 208 party walls and external walls 
are specially dealt with. The decision has been given that taking 
down half of the building under the present Act does not affect the 
party walls, which may continue contrary to the Act, and presum- 
ably the external walls. Bub as to external walls there has not been 
any decision. Crow v. Redhouse (1895), 59 J.P. 663, C.A. 

ilf a timber stage is erected two storeys high, and ground storey 
enclosed with shutters, it is a building. Legg v. Smith, Building 
News, Sept. 2nd, 1892. 

A stage used for storing timber, and enclosed by party walls with 
the front and back open, and a staircase leading to the different 
floors, and supported by wooden uprights, and covered with a zinc 
flat, has been held to be a building and must be enclosed by walls. 
Wallen v. Gliickstein, Building News, Feb. 3rd, 1893. 

7. The expression " bressummer " means a wooden 

beam or a metallic girder which carries a wall. 

8. The expression " level of the ground " means the 

mean level of the ground as determined by the 
district surveyor, or, in the event of disagreement, 
by the superintending architect, or on appeal, by 
the tribunal of appeal. 

9. The expression " foundation " applied to a wall having 

footings means the solid ground or artificially 
formed support on which the footings of the wall 
rest, but in the case of a wall carried by a bres- 
summer means such bressummer. 

10. The expression " base " applied to a wall means the 

underside of the -course immediately above the foot- 
ings, if any, or in the case of a wall carried by a 
bressummer, above such bressummer. 

11. The expression " ground storey " means that storey 
of a building to which there is an entrance from 



14 THE LONDON BUILDING ACT, 1894. 

Sec. 5. the outside on or near the level of the ground, and 

where there are two such storeys, then the lower 
of the two : 

Provided that no storey of which the upper surface 
of the floor is more than four feet below the level 
of the adjoining pavement shall be deemed to be 
the ground storey. 

12. The expression " basement storey " means any storey 

of a building which is under the ground storey. 

13. The expression " first storey " means that storey 

of a building which is next above the ground storey, 
the successive storeys above the first storey being 
the second storey, the third storey, and so on to 
the topmost storey. 
See note, Preliminary 6, page 150. 

14. The expression "topmost storey" means the upper- 

most storey in a building, whether constructed 
wholly or partly in the roof or not. 

15. The expression "external wall" means an outer 

wall or vertical enclosure of any building not being 
a party wall. 

" The external parts of premises are those which form the en- 
closure of them beyond which no part of them extends, and it is 
immaterial whether those parts are exposed to the atmosphere or 
rest upon and adjoin some other building, which forms no part of 
the premises let." Green v. Eales (1841), 2 Q.B. (A. & E.) 225. 

For thickness of external walls, see First Schedule, pages 149-158, 
Plates 12-21. 

16. The expression "party wall'' means 

(a) A wall forming part of a building, and used or 

constructed to be used for separation of ad- 
joining buildings belonging to different owners, 
or occupied, or constructed, or adapted, to be 
occupied by different persons ; or 

(b) A wall forming part of a building and standing 

to a greater extent than the projection of the 
footings on lands of different owners. 

A wall has been held to be a " party wall " to such height as it 
belongs in common to two buildings, and to cease to be a "party 
wall" for the rest of its height. Western v. Arnold (1872), L.B. 8, 
Ch. 10, 84 ; 43 L. J. (Oh.) 123. 

17. The expression " cross wall " means a wall used, or 

constructed to be used, in any part of its height as 



INTRODUCTORY. 15 

an inner wall of a building for separation of one Sec. 5- 
part from another part of the building, that building 
being wholly in, or being constructed or adapted to 
be wholly in, one occupation. 

For thickness of cross walls, see page 158 and Plate 17. 

18. The expression " party fence wall " means a wall 
used, or constructed to be used, as a separation of 
adjoining lands of different owners, and standing 
on lands of different owners, and not being part of 
a building, but does not include a wall constructed 
on the land of one owner, the footings of which 
project into the land of another owner. 

19. The expression " party arch ' ' means an arch separat- 
ing adjoining buildings, storeys, or rooms belonging 
to different owners, or occupied,, or constructed, or 
adapted to be occupied by different persons, or 
separating a building from a public way or a private 
way leading to premises in other occupation. 

20. The expression "party structure" means a party 

wall, and also a partition floor or other structure 
separating vertically or horizontally buildings, 
storeys, or rooms approached by distinct staircases 
or separate entrances from without. 

21. The expression " height " in relation to any building 
means the measurement taken from the level of 
the footway, if any, immediately in front of the 
centre of the face of the building, or, where there 
is no such footway, from the level of the ground, 
before excavation, to the level of the top of the 
parapet, or when there is no parapet, to the level 
of the top of the external wall, or, in the case of 
gabled buildings, to the base of the gable. 

For the way to measure the height of external and party walls, 
see First Schedule, Preliminary 7, page 150. For the height of 
rooms, see Section 70, page 63, and the First Schedule, Preliminary 
6, page 150. Refer to First Schedule, Parts 1 and 2, for thickness 
of walls for different classes f buildings, pages 149-158. 

22. The expression " area " applied to a building means 

the superficies of a horizontal section thereof made 
at the point of its greatest surface, inclusive of the 



16 THE LONDON BUILDING ACT, 1894. 

Sec. 5- external walls and of such portions of the party 

walls as belong to the building. 

23. The expression ' ' square " applied to the measurement 

of the area of a building means the space of one 
hundred superficial feet. 

24. The expression " cubical extent" applied to the 

measurement of a building means the space con- 
tained within the external surfaces of its walls and 
roof and the upper surface of the floor of its lowest 
storey. 

25. The expression " dwelling-house " means a building 

used, or constructed, or adapted to be used wholly 
or principally for human habitation. 

26. The expression "domestic building" includes a 
dwelling-house or any other building not being 
a public building or of the warehouse class. 

27. The expression " public building " means a building 
used, or constructed, or adapted to be used as a 
church, chapel, or other place of public worship, 
or as a school, college, or place of instruction (not 
being merely a dwelling-house so used), or as a 
hospital, workhouse, public theatre, public hall, 
public concert- room, public ballroom, public lecture- 
room, public library, or public exhibition-room, or 
as a public place of assembly, or used or constructed, 
or adapted to be used for any other public purpose, 
also a building used or constructed, or adapted to 
be used as an hotel, lodging-house, home, refuge, or 
shelter, where such building extends to more than 
two hundred and fifty thousand cubic feet, or has 
sleeping accommodation for more than one hundred 
persons. 

A building acquired by the School Board of London for training 
children of defective intellect was held not to be a public building. 
Moses v. Marsland (1901), 1 K.B. 668, 70 L.J. 261. 

A public building may also be an hotel for poor men within 
Section 13 (5). See note to that section, page 28. 

The Stock Exchange is a public building within the Act. See 
L.B.A. Amendment Act 1898, Section 8, at page 178. 

28. The expression " building of the warehouse class" 

means a warehouse, factory, manufactory, brewery, 
or distillery, and any other building exceeding in 



INTRODUCTORY. 17 

cubical extent one hundred and fifty thousand g eCt 5, 
cubic feet which is neither a public building nor a 
domestic building. 

29. The expression " owner " shall apply to every 
person in possession or receipt either of the whole 
or of any part of the rents or profits of any land 
or tenement, or in the occupation of any land or 
tenement otherwise than as a tenant from year tc 
year or for any less term or as a tenant at will. 

The expression " owner " includes the lessee of a chapel having 
a lease for twenty-one years. Mourilyan v. Labalmondiere (1861), 
25 J. P. 340. 

The lessee who holds a long lease and sublets parts of the house 
for shorter periods. Hunt v. Harris (1865), 12 L.T. 421 ; 34 L.J. 
(C.P.) 249. 

A tenant at will holding under an agreement for a lease is not an 
owner. Orf v. Payton (1904), 3 L.G.R. 126 ; 69 J.P. 103. 

30. The expression " occupier " does not include a 

lodger, and " occupy " and " occupation " do not 
refer to occupation by a lodger. 

31. The expression " building owner " means such one 

of the owners of adjoining land as is desirous of 
building, or such one of the owners of buildings, 
storeys, or rooms separated from one another by a 
party wall or party structure, as does, or is desir- 
ous of doing a work affecting that party wall or 
party structure. 

32. The expression " adjoining owner " means the owner 

or one of the owners, and " adjoining occupier " 
means the occupier or one of the occupiers of land, 
buildings, storeys, or rooms adjoining those of the 
building owner. 

33. The expression " builder " means the person who 

is employed to build or to execute work on a 
building or structure, or where no person is so 
employed the owner of the building or structure. 

34. The expression " superintending architect " means 
the superintending architect of metropolitan build- 
ings for the time being. 

35. The expression " district surveyor " means every 
such surveyor who is appointed in pursuance of this 
Act, or whose appointment is hereby confirmed, 

2 



18 THE LONDON BUILDING ACT, 1894. 



Sec. 5. an ^ shall include any deputy or assistant surveyor 

appointed under this Act. 

36. The expression "fire-resisting material " means any 

of the materials and things described in the Second 
Schedule to this Act. 

This has been repealed by the London Building Acts (Amend- 
ment) Act, 1905. Section 5 and the First Schedule of that Act 
(pages 207-209) has taken its place. 

37. The expression " inhabited " applied to a room 

means a room in which some person passes the 
night, or which is used as a living room, including 
a room with respect to which there is a probable 
presumption (until the contrary is shown) that some 
person passes the night therein, or that it is used 
as a living room. 

38. The expression " habitable " applied to a room means 

a room constructed or adapted to be inhabited. 

39. The expression " the Metropolis Management Acts " 
means the Metropolis Management Act, 1855, and 
the Acts amending the same, or any one or more of 
those Acts. 

40. The expression " London " means the administrative 

county of London. 

41. The expression "the Council" means the London 

County Council. 

42. The expression " local authority " means the Vestry 

or District Board of Works under the Metropolis 
Management Acts, within whose parish or district 
the building, structure, place, land, or thing referred 
to is, or will be, or in the City the Commissioners 
of Sewers, or in the parish of Woolwich the Wool- 
wich Local Board of Health. 

The Local Government Act, 1899, constituted new boroughs as 
authorities. 

43. The expression " the City " means all parts now 
within the jurisdiction of the Commissioners of 
Sewers. 

44. The expression " Corporation " means the mayor, 
aldermen, and commons of the City of London. 

45. The expression " Guildhall " means the land, offices, 
courts, and buildings commonly called the Guildhall, 



WIDENING OF STREETS. 19 

and the offices, courts, and buildings adjoining or Sec. 5- 
appurtenant thereto, which now are used by, or 
may hereafter be erected for the use of the Corpo- 
ration, or of any committee, commission, or society 
appointed by them. 

46. The expression " Commissioners of Sewers " means 

the Commissioners of Sewers of the City of 
London. 1 

47. The expression " the tribunal of appeal " means 
the tribunal of appeal constituted by this Act. 



PART II. 
FORMATION AND WIDENING OF STREETS. 

6 From and after the commencement of this ActAstomak- 
streets shall not be made and ways shall not be widened, 1D 
altered, or adapted so as to form streets, otherwise than 
subject to and in accordance with the provisions set forth 
in this Part of this Act. Provided that this Act shall not 
affect the powers of any local authority to widen, alter, or 
improve any street. 

See by-laws hereon, pages 435 and 436. 

For penalties, see Section 200 (1) (a) page 135. 

7 Before any person commences to form or lay out sanction to 
any street, whether intended to be used for carriage traffic on^w ti<m 
or for foot traffic only, such person shall make an applica- streets. 
tion in writing to the Council for their sanction to the 
formation or laying out of such street, either for carriage 
traffic or for foot traffic (as the case may be) : 

Every such application shall be accompanied by plans 
and sections, with such particulars in relation thereto as 
may be required by printed regulations issued by the 
Council, and the Council shall forthwith communicate 
every such application to the local authority : 

And no person shall commence to form or lay out any 

1 Now the Sanitary Committee of the Corporation. 



20 



THE LONDON BUILDING ACT, 1894. 



Sec. 7. 



street for carriage traffic or for foot traffic without having 
obtained the sanction of the Council. 

See by-laws " on formation and widening of streets," page 435. 

A space or passage forming an entrance from a public street to 
artisans' dwellings is not a street for foot traffic. L.C.C. v. Davis 
(1895), 64 L.J. (M.C.) 212 ; 15 R. 509. It was held that the entrance 
to a quadrangle, closed by gates, forming the courtyard of mansions, 
was not within the section in the case of Wood v. L.C.G. (1895), 64 
L.J. (M.C.) 276; 73 L.T. 313; 15 E. 569; but this was dissented 
from in Armstrong v. L.C.C. (1900), 69 L. J. (Q.B.) 267 ; 1 Q.B. 416 ; 
64 J.P. 197, where it was held that the approach to the quadrangle 
surrounded by blocks or flats was within this section. 

For penalty, see Section 200 (1) (a), page 135. 

The defendant was the owner of land on which was a "way " 
leading to his factories, and also over which other owners of pre- 
mises had the right to go to their premises. The way was paved 
with granite, and for the greater part of its length it was from 16 
feet to 20 feet wide, and had gates at the end. Defendant enlarged 
his building by extending it backwards, and widened the way by 4 
feet, but he did not pave or make up any part of such widening. 
Held that on the facts the defendant could not be convicted under 
this section of commencing to form or lay out a new street, or under 
Section 10 of altering or adapting a street for carriage traffic. 
L.C.C. v. Heathman (1905), 69 J.P. 222 D. 

8 For the purposes of this Part of this Act a person 
shall be deemed to commence to form or lay out a street 
if he erect a fence or other boundary, or lay down lines of 
kerbing, or level the surface of the ground so as to define 
the course or direction of a street, or if he form the foun- 
dations of a house in such manner and in such position 
as that such house will or may become one of three or 
more houses abutting on or erected beside land on which 
a street is intended to be, or may be thereafter laid out or 
formed. Provided that no person shall be deemed to com- 
mence to form or lay out a street if he do any of the acts 
in this section mentioned for some purpose other than that 
of forming or laying out a street. 

Houses and shops already erected in main street ; afterwards at 
the rear thereof coach-houses and stables were erected having a side 
entrance. Held that building stables, &c., consistent with this 
section. L.C.C. v. Dixon (1899), 68 L.J. (Q.B.) 526 ; 1 Q.B. 496 ; 63 
J.P. 390. 

Grounds 9 ^ n an y * ^e cases following but in no other case 
for refusal (that is to say) : 

pa s ns n of lor 1. Where any street is proposed to be formed or laid 
streets. ou t f or carr i a ge traffic, without being of or being 



Evidence 
of com- 
mence- 
ment of 
street. 



WIDENING OF STREETS. 21 

widened to the full width of forty feet clear, or Sec. 9. 
such other width as may be required under the 
provisions of this Act ; 

Appellant formed a street 60 feet wide, with an existing street 
at each end, one end having gates fixed, &c., held that the appellant 
was bound to keep open the street at both ends the whole width 
of 40 feet. Daw v. L.C.C. (1890), 62 L.T. 937 ; 54 J.P. 502. 

2. Where any street is proposed to be formed or laid 

out for foot traffic only, without being of or being 
widened to the full width of twenty feet clear ; 

3. Where any street exceeding sixty feet in length or 

any street not exceeding sixty feet in length, of 
which the length is greater than the width, is pro- 
posed to be formed or laid out without being open 
at both ends from the ground upwards ; 

4. Where any street not being within the City is pro- 

posed to be formed or laid out in such manner that 
such street will not, at and from the time of forming 
and laying out the same, afford direct communica- 
tion between two streets, such two streets being 
(where it is intended to form or lay out such street 
for carriage traffic) streets formed and laid out for 
carriage traffic ; 

Communications between two streets must be direct and not at 
right angles to length. Woodham v. L.C.C. (1898), 1 Q.B. 863 ; 
62 J.P. 342. 

In A. H. and A. E. Simpson v. L.C.C., before the tribunal of ap- 
peal, it was held that the appellants could not lay out new streets 
which would not at and from the time of forming and laying out, 
each afford direct communication between two streets formed or 
laid out for carriage traffic. Builder, July 14th, 1900. 

5. Where it is proposed to form or lay out any street, 

not being within the City, for foot traffic only, and 
it appears to the Council that such street should not 
be formed or laid out for foot traffic only, or that 
such street should be formed or laid out for foot 
traffic only subject to conditions ; 

As to these conditions, see Section 190, page 132. 

6. Where the street is proposed to be formed or laid out 

for carriage traffic with any gradient steeper than 
one in twenty ; 



22 THE LONDON BUILDING ACT, 1894. 

Sec. 9 7. Where it is proposed to form or lay out any street in 
such manner as to be in contravention of any by- 
law of the Council ; 

it shall be lawful for the Council by order at any time 
within the period of two months after the receipt of the 
application, to refuse to sanction, or to sanction subject to 
such conditions as they may by such order prescribe, the 
formation or laying out of such street for carriage traffic 
or for foot traffic only, as the case my be, provided that 
the Council shall within such period give notice to the 
applicant of such order, stating fully all their reasons for 
such refusal or the imposition of such conditions, as the 
case may be : 

Provided that if within the said period of two months 
the Council fail to give notice of their refusal to sanction 
the formation or laying out of such street, or of their dis- 
approval of any such plan or section, they shall be deemed 
to have given their sanction thereto. 

See Section 187 (2), page 130. 

Calendar months. See 52 & 53 Viet., c. 3, 3. 



Adaptation ^Q ]_ Before any person commences 

C (a) To adapt for carriage traffic any street or way 

not previously so adapted, or to use or permit 

to be used for carriage traffic any street or way 

not previously so adapted ; 
(b) To adapt as a street for foot traffic only or as 

a public footway any way not previously so 

adapted ; 

such person shall make an application in writing to the 
Council for their sanction thereto, and such application 
shall be accompanied by plans and sections and such par- 
ticulars in relation thereto as may be required by printed 
regulations issued by the Council, and the Council shall 
forthwith communicate every such applicant to the local 
authority, and no person shall commence to execute any 
such work without having obtained the sanction of the 
Council. 

See L.C.C. v. Heathman on page 20. 

2. Within two months after the receipt of any such 
application the Council shall either sanction the plans and 



WIDENING OF STREETS. 23 

sections or give notice to the applicant of their disapproval Sec. 10- 
thereof, stating fully all their reasons for such disap- 
proval. Provided that if within the said period of two 
months the Council fail to give notice of their disapproval 
of any such plan or section, they shall be deemed to have 
given their sanction thereto. 

3. A person shall be deemed for the purposes of this 
Part of this Act to commence to execute a work within the 
meaning of this section if he erect a fence or other boun- 
dary or lay down lines of kerbing or level the surface of the 
ground so as to define the course or direction of a work 
within the meaning of this section, or if he form the foun- 
dations of a house in such manner and in such position as 
that such house will or may become one of three or more 
houses abutting on or erected beside land on which a street 
is intended to be or may be thereafter laid out or formed. 
Provided that no person shall be deemed to commence to 
execute a work within the meaning of this section if he do 
any of the acts in this sub-section mentioned, for some 
purpose other than that of executing a work within the 
meaning of this section. 

4. Before any person commences to widen on either side 
to a less extent than the prescribed distance any part of a 
street or way which (being adapted for carriage traffic) is 
less than forty feet in width or (being adapted for foot 
traffic only) is less than twenty feet in width, he shall give 
notice in writing to the Council, accompanied by a plan 
showing the extent of the proposed widening, and no 
person shall commence to execute any such widening until 
after the expiration of two months from the date of such 
notice, unless with the previous sanction of the Council. 

11 In any of the cases following, but in no other case Grounds 
(that is to say) :- j I?SS 

1. Whenever it is proposed to adapt for carriage traffic ada^tatio 
any street or way (not previously so adapted) where streets 8 
there are houses or buildings either on both sides 
thereof or only on one side thereof, without a dis- 
tance of at least twenty feet clear being left between 
the centre of the roadway and the nearest external 
wall of the houses or buildings on the side of the 
street or way to which the measurement is taken, 



24 THE LONDON BUILDING ACT, 1894. 

or (if there be forecourts or other spaces left be- 
tween such external wall and the roadway) without 
there being a distance of at least twenty feet clear 
between the centre of the roadway and the external 
fences or boundaries of such forecourts or other 
spaces ; 

2. Where it is proposed to adapt as a street for foot 

traffic only or as a public footway any way not pre- 
viously so adapted, without the same being of or 
being widened to the full width of twenty feet clear, 
measured as aforesaid ; 

3. Where any such adaptation would result in the for- 

mation of a street exceeding sixty feet in length, 
or a street not exceeding sixty feet in length, of 
which the length is greater than the width, and in 
either case not being open at both ends from the 
ground upwards ; 

4. Where any such adaptation would result in the for- 

mation of a street, not being within the City and 
not affording direct communication between two 
streets, such two streets being (where it is intended 
to form or lay out such street for carriage traffic) 
streets formed and laid out for carriage traffic ; 

5. Where the adaptation will result in the formation or 

laying out of a street, not being within the City 
for foot traffic only, and it appears to the Council 
either that such street should not be formed or 
laid out for foot traffic only, or that such street 
should be formed or laid out for foot traffic only 
subject to conditions ; 

6. Where the adaptation would result in the formation 

of a street for carriage traffic with any gradient 
steeper than one in twenty ; 

7. Where the adaptation is proposed to be made in such 

a manner as to be in contravention of any by-law 

of the Council ; 

it shall be lawful for the Council by order at any time, 
within the said period of two months after the receipt of 
the application, to refuse to sanction or to sanction (subject 
to such conditions as they may by such order prescribe) 
the adaptation proposed by the application. Provided that 
the Council shall within such period give notice to the 



WIDENING OF STREETS. 25 

applicant of such order stating fully all their reasons for Sec. 11. 
such refusal or the imposition of such conditions, as the 
case may be. Provided also that if within the said period 
of two months the Council fail to give notice of their 
refusal to sanction such adaptation or of their sanction of 
the adaptation subject to conditions, they shall be deemed 
to have given their sanction thereto. 

12 In any case where it is intended Greater 

width of 



(a) To form or lay out any street, not being within 

two miles of Saint Paul's Cathedral, for car- in certin 
riage traffic ; 

(b) To adapt or permit to be used for carriage 

traffic any street or way (not being within two 
miles of Saint Paul's Cathedral) not previously 
so adapted ; 

and the Council shall deem it expedient in the public 
interest that the street or way should, by reason of its 
length or importance, or in consequence of its forming, or 
being so situate as to be likely to form part of an important 
line of communication, or for other sufficient reason, be of 
a greater width than forty feet clear, they may make it a 
condition of their sanction that the street or way shall be 
throughout, or in such part as they may direct, of a greater 
width than forty feet, but nothing in this section shall 
authorise the Council to require a greater width than sixty 
feet : 

And before requiring that any street or way shall be 
wider than forty feet, the Council shall give notice of their 
intention to the local authority, in order that the local 
authority if they think fit may make a representation to 
the Council. 

13 1. No person shall erect any new building or new Position of 
structure or any part thereof or extend any building or f^w buiid- 

J J . . J ings with 

structure or any part thereof in such manner that any reference 
external wall or any such building or structure, or (if to stree * 8 - 
there be a forecourt or other space between such external 
wall and the roadway) any part of the external fence or 
boundary of such forecourt or other space, shall, without 
the consent in writing of the Council, be in any direction 



26 THE LONDON BUILDING ACT, 1894. 

Sec. 13. at a distance less than the prescribed distance from the 
centre of the roadway of any street or way (being a 
highway). 

The L.C.C. have no power to give their consent when a new 
building has already been erected, within the distance without 
their consent. Reg. v. L.C.C. (1897), 66 L.J. (Q.B.) 516. 

2. Where the Council after consulting the local authority 
shall deem it expedient in the public interest, either by 
reason of the length or importance of the street or way, or 
by reason of the street or way forming, or being so situate 
as to be likely to form, part of an important line of com- 
munication, or for other sufficient reason, that the pre- 
scribed distance from the centre of the roadway of any 
such street or way should, where such roadway is used for 
the purpose of carriage traffic, be greater than twenty feet, 
it shall be lawful for the Council to determine that the 
prescribed distance shall be such greater distance not 
exceeding thirty feet from the centre of the roadway of 
such street or way on either side or both sides as the 
Council shall see fit to determine. This sub-section shall 
not apply to any street or way within two miles of Saint 
Paul's Cathedral. 

3. In case the person intending to erect, form, or extend 
any such building, structure, forecourt, or space shall be 
dissatisfied with the determination of the Council that the 
prescribed distance shall be greater than twenty feet from 
the centre of the roadway, he may appeal to the tribunal 
of appeal against such determination of the Council. 

4. The Council may in any case where they think it 
expedient consent to the erection, formation, or extension 
of any building, structure, forecourt, or space at a distance 
less than the prescribed distance from the centre of the 
roadway of any such street or way, and at such distance 
from the centre of such roadway and subject to such con- 
ditions and terms (if any) as they may think proper to 
sanction. Provided that the giving of such consent by the 
Council shall not in any way affect any rights of the 
owners of adjoining land. Before giving such consent the 
Council shall communicate to the local authority their in- 
tention to give the same. Any person dissatisfied with 



WIDENING OF STREETS. 27 

the determination of the Council under this sub-section Sec. 13. 
may appeal to the tribunal of appeal. 

Gas Companies are not exempted. L.C.C. v. Wandsworth and 
Putney Gas Company (1900), 82 L.T. 562 ; 64 J.P. 500. L.C.C. 
v. Metropolitan Gas Company, Building News, Dec. 9th, 1898. L C.C. 
v. James Webster, Building News, Aug. 14th, 1896. 

5. Provided that where any person intends to alter 
or re-erect a building or structure existing either at the 
commencement of this Act, or at any time within seven 
years previously, and which shall not be or shall not have 
been in conformity with the provisions of this section re- 
lating to new buildings and structures, such person may 
cause to be prepared plans showing the extent of such 
building or structure (or in the event of such building or 
structure having ceased to exist before the commencement 
of this Act or having been accidentally destroyed, the 
best plans available under all the circumstances of the 
case), and the extent of the forecourt or other open space 
(if any) between any external wall of such building or 
structure and the roadway, and may cause such plans to 
be submitted to the district surveyor, who shall (if reason- 
ably satisfied with the evidence of their accuracy) certify 
the same under his hand, and such certificate shall be 
taken to be conclusive evidence of the correctness of the 
plans. Thereupon it shall be lawful for such person to 
alter or re-erect such building or structure, but so that no 
land within the prescribed distance shall be occupied by 
the re- erected building or structure, or the forecourt or 
such other open space as aforesaid (if any), except that 
which was occupied within the prescribed distance by the 
previously existing building, structure, forecourt, or open 



If such person should fail to submit such plans to the 
district surveyor, or the district surveyor or the tribunal 
of appeal should refuse to certify the accuracy of the same, 
such person shall, in altering or rebuilding the said build- 
ing or structure, be bound by the preceding provisions of 
this section in all respects, as though no building or 
structure had previously existed upon the land within the 
period aforesaid. Provided always that no dwelling- 
house to be inhabited or adapted to be inhabited by 



28 THE LONDON BUILDING ACT, 1894. 

Sec. 13. persons of the working class shall without the consent of 
the Council be erected or re-erected within the prescribed 
distance to a height exceeding the distance of the front or 
nearest external wall of such building from the opposite 
side of such street, and that no building or structure shall 
be converted into such dwelling-house within the prescribed 
distance so as to exceed such height : 

Provided that this section shall not prevent the re- erec- 
tion of any such dwelling-house erected previously to the 
passing of this Act by a local authority. 

As to scale of plan and other particulars, see By-Law 2 (6), 
page 436. 

A public building in the nature of an hotel for poor men is not 
a dwelling-house adapted to be inhabited by the working classes. 
It may be a public building within Section 5 (27). L.C.G. v. 
Rowton Houses, Ltd. (1897), 77 L.T. 693. 

The two following cases were important. An owner erected 
buildings and let these to separate tenants, who sublet them to 
persons of the working class. L.C.G. v . Davis (1897), 77 L.T. 693. A 
defendant had demolished thirteen old houses and erected on the same 
a poor man's hotel or club. L.C.C. v. Rowton Houses, Ltd. (1897). 
Held in both cases that the buildings did not come within Section 
13, s.s. 5, and were not to be reckoned as houses for the working 
class. 

After a building had been commenced a plan was prepared and 
certified by the District Surveyor, but a conviction was obtained. 
L.C.C. v. W. J. Bush & Co., Ltd. Builder, March 16th, 1901. 

If houses are erected in a neighbourhood where working-class 
persons reside, and constructed in a manner that they would be 
afterwards occupied by persons of the working class, although not 
built for the working class only, such houses shall be deemed to be 
inhabited by those persons, and would therefore fall within this 
Section. Crow v. Davis, No. 1 (1903), 89 L.T. 407. 

" When constructed" means at the time of building according to 
the plans. Crow v. Davis, No. 2 (1904), 68 J.P. 447 ; 91 L.T. 88. 

See also Section 42. 

Instead of " prescribed distance " read " a distance of twenty feet 
from the centre of the roadway," when dealing with dwelling- 
houses inhabited or adapted to be inhabited by persons of the 
working classes, and situated outside the city. See L.B.A. 1894 
(Amendment) Act, 1898, Section 4, at page 176. 

NOTE. Plans for each old building must be certified. School 
Board for London v. Bernard Dicksee, Westminster County Court, 
Builder, May 21st, 1898. 

6. Nothing in this section shall affect the exercise of any 
powers conferred upon any railway company by any special 
Act of Parliament for railway purposes. 



NOTICE TO SET BACK BUILDINGS. 29 

NOTICE TO SET BACK BUILDINGS. Sec. 13. 

Section 14 of the Act of 1894 is repealed by the Act of 1898, 
Section 3 (1), which reads as follows (see pages 175 and 
176) : 

3 (1) In every case where any new building or new 
structure or any part thereof is erected, or any building or 
structure or any part thereof is extended in such manner 
that any external wall of such building or structure, or (if 
there be a forecourt or other space between such external 
wall and the roadway) any part of any external fence or 
boundary of such forecourt or space shall be at a distance 
in any direction from the centre of the roadway of any 
street or way (being a highway) less than the distance 
permitted under Part II. of the principal Act, or contrary 
to the conditions and terms (if any) subject to which the 
Council or the tribunal of appeal has sanctioned the erec- 
tion or extension of such building or structure, the Council 
may serve a notice upon the owner or occupier of the said 
building, structure, fence, or boundary, or upon the builder, 
requiring him to cause such building, structure, fence, or 
boundary, or any part thereof, to be set back so that every 
part of any external wall of such building or structure, or 
of the external fence or boundary of such forecourt or space, 
shall be at a distance in every direction from the centre of 
the roadway of such street or way not less than the dis- 
tance permitted under Part II. of the principal Act, and 
shall be in accordance with such conditions and terms (if 
any) as the Council or the tribunal of appeal may have 
prescribed , 

15 In any case where 

1. The Council under this Part of this Act make it a A | ^JJJJ 1 " 
condition of their sanction to ? certain 

(a) the formation or laying out of any street for cases - 
carriage traffic over land which, either at the 
commencement of this Act or at any time 
within seven years previously, has or shall 
have been occupied by buildings or by 
market gardens ; or 

(6) the adaptation or use for carriage traffic of 
any street or way not previously so adapted 
or used, 



30 THE LONDON BUILDING ACT, 1894. 

Sec. 15. that the street or way shall be throughout or in any 

part of a greater width than forty feet ; or 

2. The Council determine that the prescribed distance 
from the centre of the roadway shall be greater than 
twenty feet ; 

the Council shall be liable to pay to the owner of land or 
buildings required for such greater width or such greater 
prescribed distance compensation for the loss or injury (if 
any) sustained by him by such requirement. The amount 
of such compensation, if not agreed within two months 
from the time of such condition being made or determina- 
tion arrived at, may (unless the Council waive the con- 
dition or determination) be recovered in a summary manner 
except where the amount of compensation exceeds fifty 
pounds, in which case the amount thereof shall be settled 
by arbitration according to the provisions contained in the 
Lands Clauses Acts, which are applicable where questions 
of disputed compensation are authorised or required to be 
settled by arbitration, and for that purpose those Acts so 
far as applicable shall be deemed to be incorporated with 
this Act : 

Provided always that within two months from the time 
of such condition or determination being made or arrived 
at, if the amount of such compensation has not been settled 
before the expiration of such time, it shall be lawful for 
the Council to waive such condition or determination. 
Provided also that if the Council waive such condition or 
determination they shall pay to the owner the reasonable 
costs, charges and expenses incurred by him in consequence 
of such condition or determination, and in connection with 
the negotiations for the settlement of the amount of com- 
pensation. 

For the purpose of this section the expression "owner" 
has the same meaning as in the Lands Clauses Acts. 

AS to erec- 16 Where after the commencement of this Act 
tion^of^ (i.) Any new building or structure is erected or com- 
menced in such a manner that 

(a) any part of any external wall of any such 
from""' building or structure ; or 

ways nCt i^ there be between such external wall and the 

being high roadway any forecourt or other space 



NOTICE TO SET BACK BUILDINGS. 31 

(6) any part of the external fence or boundary of Sec. 16. 

such forecourt or space 

is or will be in any direction distant from the centre 
of the roadway of any way (not being a highway) 
less than the prescribed distance, or less than such 
other distance as may have been sanctioned by the 
Council or the tribunal of appeal ; or 
(ii.) Any conditions or terms subject to which the sanc- 
tion of the Council or the tribunal of appeal in 
relation to any such building, structure, forecourt, 
or space was obtained have not been complied 
with ; or 
(iii.) The time during which such sanction was limited to 

continue has expired ; 

the way shall not become a highway except subject to the 
following provisions : 

(i.) A written notice shall be served upon the Council 
of the proposal to make the way a public high- 
way ; 

(ii.) The Council may at any time within two months 
after the receipt of such notice serve a notice upon 
the owner of such building, structure, forecourt, or 
space, or the builder, requiring him to cause the 
same or any part thereof to be set back so that 
every part of any external wall of such building or 
structure, or of the external fence or boundary of 
such forecourt or space, shall be in every direction 
at a distance not less than the prescribed distance 
from the centre of the roadway of such way, or at 
such distance and according to such conditions and 
terms (if any) as the Council or the tribunal of ap- 
peal may have sanctioned and prescribed ; 
(iii.) Unless and until such first-mentioned notice has 
been given to the Council and such last-mentioned 
notice (if any) has been complied with the way 
shall not become a highway : 

Provided that this section shall not affect the erection 
or extension of any building or structure within the limits 
of any area which may have been lawfully occupied by 
any building or structure at any time within two years 
before the twenty-second day of July, one thousand eight 
hundred and seventy-eight, or the erection or extension 



32 THE LONDON BUILDING ACT, 1894. 

Sec. 16. f an y building or structure lawfully in course of erection 
or extension on the said twenty-second day of July. 

Until it is in accordance with the Act a way cannot become a 
highway maintainable out of the rates. Stroud v. Wandsworth 
District Board of Works (1894), 2 Q.B. 1 ; 70 L.T. 190. 

Sanction to 17 The Council may sanction the erection of any new 

tSn 8 of U new building or structure at any less distance than the pre- 

buiidings^ scribed distance from the centre of the roadway of any 

prescribed" way (not being a highway), to be specified in such sanction, 

distance. or ^he continuance of any new building or new structure 

erected at such less distance, or the continuance thereof 

for a limited time only to be specified in such sanction, 

in such cases and subject to such terms and conditions 

(if any) as they may think proper. And any such sanction 

may be framed in such manner as to apply to all new 

buildings in any such way or any part thereof. Provided 

that the giving of such sanction by the Council shall not 

in any manner affect any rights of the owners of adjoining 

land. 

See Section 190, page 132. 
See By-law 2 (6), page 436. 

Eeguia- 18 Copies of the printed regulations of the Council 
printed be issued for the purposes of this Part of this Act shall be 
and sup- kept at the county hall and supplied at all reasonable times 
without charge to any applicants for the same. 

Appeal. 19 Whenever any applicant, under Part II. of this 
Act, for the sanction of the Council to the formation or 
laying out of a street, or the adaptation of a street or way 
for carriage or foot traffic, or for the certificate of a dis- 
trict surveyor, is dissatisfied with the refusal or conditional 
grant of such sanction, or with any condition imposed by 
the Council, or with the refusal of such certificate as afore- 
said, he may appeal to the tribunal of appeal. 

AS to pri- 20 Nothing in this Part of this Act shall extend or 

tt outby a PPty to anv private road formed or laid out by a railway 

a railway company, and used as an approach to a station or station 

' yard, or as an approach to land used for railway purposes. 



LINES OF BUILDING FRONTAGE. 33 

21 Notwithstanding anything in this Act, any build- Sec. 21. 
ings to be erected upon any lands now belonging to the ^|^ J ting 
School Board for London, or over which they have powers school 
of compulsory purchase, or may acquire such powers in 
the present session of Parliament, may be erected in ac- 
cordance with the provisions of any Act in force immediately 
before the passing of this Act. 

[NOTE. Future buildings erected on land not acquired by the 
London School Board before the passing of this law are included. 
The work of the London School Board is now carried on by the 

L.C.C.] 



PART III. 

LINES OF BUILDING FBONTAGE. 

22 1. No building or structure shall, without the con- Mode of 
sent in writing of the Council, be erected beyond the 
general line of buildings in any street or part of a street, jjj 
place, or row of houses in which the same is situate, in yond line 
case the distance of such line of buildings from the high- of street< 
way does not exceed fifty feet, or within fifty feet of the 
highway, when the distance of the line of buildings there- 
from amounts to or exceeds fifty feet, notwithstanding 
there being gardens or vacant spaces between the line of 
buildings and the highway. Such general line of buildings 
shall, if required, be defined by the superintending archi- 
tect by a certificate, such certificate to be issued within 
one month from the date of the application therefor. 

As to particulars required by the Council, see Regulations as to 
Applications, page 436. 

When buildings are put up without consent, and no certificate 
has been applied for, the architect may at any time decide what is 
the general building line. Wandsworth B.W. v. Hall (1869), L.R. 
4 C.P. Ellis v. Plumstead B.W. (1893), 68 L.T. 291. 

A house at the corner of two streets must follow the building line 
in each. Gilbart v. Wandsworth B.W. (1889), 60 L.T. 149. 

A building was started at one end of a road and set back only 20 
feet from the centre of roadway, whereas a house had been already 
built at the other end of road, 30 feet from centre of road in a 
new thoroughfare. Decided that the Act was only intended to 
apply to buildings put up in an existing street, and not to a new 
thoroughfare. Watt v. Meeson, Builder, July 9th, 1898. 

3 



34 THE LONDON BUILDING ACT, 1894. 

Sec. 22 Lilley & Lilley & Skinner, Ltd. v. L.C.C. raised an important 
question as to defining a general building line. The superintend- 
ing architect issued his certificate under this section defining a 
certain building line on the north side of Pentonville Road, Fins- 
bury, between Southampton Street and North Street. Thos. Lilley 
& Lilley & Skinner, Ltd., gave notice of appeal to the L.C.C. The 
tribunal of appeal viewed the premises, and after hearing evidence 
reversed the superintending architect's certificate. The L.C.C. 
appealed to the Divisional Court who reversed the tribunal of 
appeal's decision and upheld the superintending architect's certifi- 
cate. The appellants appealed to the Court of Appeal but the 
Divisional Court's decision wasi upheld. Lilley & Lilley & Skinner 
v. L.C.C., Builder, December 7th, 1907. 

A temporary structure had been erected 13 feet high and 
standing out 3 feet from the building. It was used for the purpose 
of displaying advertisements and was illuminated at night. The 
magistrate convicted on the ground that it was a building within 
the London Building Act, it being beyond the building line. The 
King's Bench Court agreed with the magistrate and the rule was 
discharged. Rex v. Denman (ex parte the Palace Theatre Company) , 
Building News, April 19th, 1907. 

A show case which projected slightly in front of bay windows 
was held by the Court not to be a structure. L.C.C. v. Hancock & 
James, Builder, March 30th, 1907. 

An iron framework on which was painted " vapour baths " and 
covered on the top with zinc was fixed to the front of a building 
by bolts and stay rods, and used for advertisement. Held that 
the framework was not a structure and not a projection under 
Section 73. L.C.C. v. Schewzik (1905), 2 K.B. 695. 

2. This section shall not apply to any building or struc- 
ture erected after the commencement of this Act upon 
land which either at the commencement of this Act or at 
any time within seven years previously has or shall have 
been lawfully occupied by a building or structure. 

Decided that though the appellant's lessor had commenced the 
building prior to the existence of a general building line, this did 
not entitle the appellant to continue such building after the general 
building line was established, and that an order that the appellant 
should demolish so much of the building as had been erected by 
him in advance of the general building line was rightly made. 
Wendon v. L.C.C. (1894), 1 Q.B. 812. A wall 14 inches thick 
and 11 feet high, intended as a screen for advertisements ana 
substituted for a dwarf wall, has been decided to be a building. 
Lavy & Upjohn v. L.C.C. (1895), 2 Q.B. 577. A glass and iron 
portico projecting beyond general building line and tenoned into 
main structure, if not erected with consent of L.C.C. is within 
this section. Coburg Hotel Co. v. L.C.C. (1899), 81 L.T. 450 ; 63 
J,P. 805. 



LINES OF BUILDING FKONTAGE. 35 

It is the duty of the superintending architect to determine in Sec. 22- 
what street a building is situated. Allen v. L.C.C. (1895), 2 Q.B. 
587 ; 73 L.T. 101. 

Advertising cases were fixed to buildings erected without consent 
of the Council beyond the general line of buildings in a street, and 
constructed of sheet-iron and supported by iron supports securely 
cut and fixed into the front walls. Cases were formed of a wooden 
frame and lined with advertisements, and proposed to be lighted 
by electric light. Projected 10 inches beyond general line of 
buildings. Magistrate decided that they were not structures with- 
in the meaning of the Act. This decision was upheld in the King's 
Bench Division. L.C.C. v. Illuminated Advertisements Co. (1904), 
91. L.T. 352 ; 68 J.P. 445. 

The tribunal in fixing the building line can take different points 
to that of the superintending architect, from which and to which 
they will define the building line. The L.C.C. appealed against 
the order made by the tribunal of appeal, and the Court of King's 
Bench upheld the tribunal's order. Re L.C.C. and L.B. Act, 1894 
(1904), 91 L.T. 501 ; 68 J.P. 490. 

In another case the superintending architect defined the general 
line of buildings on the east side of Gliddon Road, Fulham the 
road being then a cul de sac. Subsequently it was decided to 
develop the land, and to do this a bridge was built which apparently 
became the continuation of the road. The superintending architect 
in fixing the building line took the line of the existing houses in 
Gliddon Road, and applied it to the bridge approach. Held that 
there was no general line of buildings on the east side of the road 
between Talgarth Road and the Metropolitan Railway ; that the 
bridge was not a continuation of Gliddon Road, and the appellant 
would not have to pull down his building. Marwood v. L.C.C., 
The Builder, May 26th and June 2nd, 1906. 

Single storey shops erected on forecourts do not determine a 
building line. Scott v. Carritt (1899), 82 L.T. 67. 

L.C.C. v. the Metropolitan Railway Company and others was a 
case of importance. On appeal to the tribunal of appeal as to the 
certificate of the superintending architect defining the building 
line the Council had appeared to support the decision of the archi- 
tect. The tribunal varied the building line as defined by the archi- 
tect and gave the parties costs as against the Council. The L.C.C. 
appealed to the Divisional Court on the question of costs, and the 
Court held that the tribunal had power to order the Council to pay 
costs but gave leave for further appeal. L.C.C. v. Metropolitan 
Railway and others, ^Builder, June 1st, 1907. 

23 1. In case any building or structure which shall in Buildings 
any part thereof project beyond the general line of build- 
ings in a street, or beyond the front of the building, wall, 
or railing on either side thereof, shall at any time be taken taken down 
down to an extent exceeding one-half of the cubical extent 



36 THE LONDON BUILDING ACT, 1894. 

Sec. 23. of such building or structure, or shall be destroyed by fire 
or other casualty, or demolished, pulled down, or removed 
from any other cause to the extent aforesaid, it shall be 
lawful for the Council to require the same building or 
structure, or any new building or structure proposed to be 
erected on the site or any part of the site thereof, to be set 
back to such a line and in such a manner as the Council 
shall direct. 

2. The Council shall make compensation to the owner 
of such building for any damage and expenses which he 
may sustain and incur thereby, and the amount of such 
compensation, if not agreed between the Council and the 
parties concerned, shall be recovered in a summary manner, 
except where the amount of compensation claimed exceeds 
fifty pounds, in which case the amount thereof shall be 
settled by arbitration according to the provisions contained 
in the Lands Clauses Acts, which are applicable where 
questions of disputed compensation are authorised or re- 
quired to be settled by arbitration, and for that purpose 
those Acts so far as applicable shall be deemed to be in- 
corporated with this Act. For the purpose of this section 
the expression " owner " has the same meaning as in the 
Lands Clauses Acts. 

Notices of 24 The superintending architect shall, within fourteen 
definition ^[ a y S after the issue of the certificate defining the general 
line. line of buildings in any street or part of a street, place, or 

row of houses, cause a notice of his certificate to be served 
on the local authority, and on the owner of the building or 
land to which the certificate relates, and on the owner of 
the houses in the same block or row within a distance not 
exceeding fifty yards on either side of the building or land 
to which the certificate relates, or, where there is no such 
block or row, upon the owner of the adjoining land on 
either side of the building or land to which the certificate 
relates. Certificates made by the superintending architect 
under this Part of this Act shall be preserved by the 
Council, and be open to inspection at all reasonable times 
by all persons desiring to inspect the same. 

Appeal 25 The local authority, or any person deeming to be 

certffi S cate aggrieved by the certificate of the superintending architect, 
ma y appeal to the tribunal of appeal. 



general 
lin 



line. 



LINES OF BUILDING FRONTAGE. 3? 

26 In giving their consent for the erection of any conditions 
building or structure beyond the general line of buildings, Cached to 
in any street or part of a street, place, or row of houses, consent^ to 
the Council may attach any conditions to such consent, front 1 ?? " 
and such conditions may include any or all of the conditions ^f e eral 
following, viz. : 

1. That land in front of the building or structure to 

such an extent as the Council may think proper 
shall be dedicated to and left open for the use of 
the public. 

2. That the building or structure shall be used only for 

such purposes as may be specified in the consent, 
or shall not be used for any particular purposes 
specified in the consent, unless with the further 
consent of the Council, obtained when a change of 
purpose is desired. 

And generally any other condition which the Council may 

deem it expedient to impose in the public interest. 

The Council have no power to make the owner give up more than 
the surface of land dedicated to the public, the owner can if he 
desires construct cellar flaps in the land dedicated or left open for 
the use of the public. L.C.C. v. Best & Co. (1893), 9 T.L.R. 499. 

27 The consent by the Council to the erection of any consent 
building or structure beyond the general line of buildings affect* rest 
in any part of a street, or the erection of such building or of general 
structure, shall not be deemed to affect or alter in that or lme> 
any other part of the street the general line of buildings as 
existing at the time of such consent. 

28 The Council shall keep a register of all conditional Register of 
consents given by them under this Part of this Act, and coSsint 8 nal 
shall keep the same open for inspection by all persons * be 
interested at all reasonable times. open'Sr 

inspection. 

29 The superintending architect shall, if required by Defining in 
the Council, the local authority, or any person interested bStdi 8 ng eet 
for the puposes of this Part of this Act, determine in any structure 
case in what street or streets a building or structure is ls 
situate, such determination to be evinced by his certifi- 



38 



THE LONDON BUILDING ACT, 1894. 



Sec. 29. cate. Any person aggrieved by such certificate may appeal 
to the tribunal of appeal. 



Part of Act 
not to ap- 
ply in City. 

Certain 
powers of 
railway 
companies 
not af- 
fected by 
this Part 
of Act. 



30 This Part of this Act shall not apply within the City. 

31 Nothing in this Part of this Act shall affect the 
exercise of any powers conferred upon any railway company 
by any special Act of Parliament for railway purposes. 

The L.C.C. appealed from the decision of the tribunal of appeal 
who had quashed the certificate of the superintending architect 
defining the general line of buildings in the Crystal Palace Parad e. 
It was held the railway companies had adopted the wrong pro- 
cedure by appealing to the tribunal of appeal and allowed the 
appeal. The South-Eastern and Chatham Railway Companies 
Managing Committee and others v. L.C.C., Builder, March 23rd, 
1907. 



PART IV. 
NAMING AND NUMBERING OF STREETS. 1 

Notice of 32 Before any name is given to any street, notice of 
of Itree 1 ? 6 *^e i nten ded name shall be given to the Council, and the 
Council may by notice in writing, given to the person by 
whom notice of such intended name has been given to 
them, at any time within one month after receipt of such 
notice, object to such intended name ; and it shall not be 
lawful to set up any name to any street in London until 
the expiration of one month after notice thereof has been 
given as aforesaid to the Council, or to set up any name 
objected to as aforesaid. 

Affixing 33 The local authority shall and may cause the name 
ame . s ?* of every street to be painted or affixed on a conspicuous 

streets by . , IMT in 

local part of some house or building at or near each end or 
authority. en trance to such street, or some other convenient part of 

the street, and shall renew such name whenever it may be 

obliterated or defaced. 



See Regulations and Rules of London County Council, page 442. 



NAMING AND NUMBERING OF STREETS. 39 

34 The Council may by order alter the name of any Altering 
street to any other name which to the Council may seem fit. 



35 One month before making an order altering the Notice of 
name of a street, the Council shall notify their intention James of 
of making such alteration to the local authority, and shall streets. 
also cause notice of their intention to be posted at each 
end of the street, or in some conspicuous position in the 
street, or, at the option of the Council, to be notified by 
circular delivered at every house in the street. 

Every such notice shall state that the order altering the 
name of the street may be issued on or after a day to be 
therein named, if no objection in writing to the proposed 
alteration be given to the Council. 






36 1. The Council may order that any houses 
buildings in any street, or way, or any part thereof, shall ing houses - 
for the purpose of distinguishing the same, be marked 
with such numbers as they shall deem convenient for that 
purpose, and which they shall specify in their order in 
that behalf. 

2. Whenever the Council have made any such order they 
shall transmit a copy thereof to the local authority, and it 
shall be the duty of the local authority to perform all 
necessary acts, and to take all requisite proceedings for 
carrying the order of the Council into execution. 

3. The local authority shall give notice to the owners 
or occupiers of the houses and buildings in such street or 
way to mark their several houses and buildings with such 
numbers as the Council shall have ordered, and to renew 
the numbers of such houses or buildings as often as they 
are obliterated or defaced. 

4. If any occupier of any such house or building neglect 
for one week after notice from the local authority to mark 
such house or building with such number as shall be men- 
tioned and required in such notice, the local authority may 
and shall cause such number to be so marked or renewed, 
and recover the expenses thereof from the owner or occupier 
of such house or building in a summary manner. 

37 Whenever the Council have transmitted a copy of 



40 THE LONDON BUILDING ACT, 1894. 

Sec. 37. any order made by them in pursuance of the provisions of 
Power to this Part of this Act to any local authority, and such local 
name C and autnor i*y nave ^ or tne space of three months after the 
Sumber n receipt of such order failed to perform all or any of the 
aSaSft'of j nec essary acts, or to take all or any of the requisite pro- 
authorft ' "' cee ^ n S s * or carr ying sucn order into execution, then, and 
complying m every such case the Council may perform all or any of 
with order. suc h necessary acts, or take all or any of such necessary 
proceedings which the local authority have failed to per- 
form or take, and the Council may exercise all the rights, 
powers, authorities, and jurisdiction of a local authority 
with respect thereto, including the recovery of expenses 
from owners of houses and buildings. 

Register to 38 The Council shall keep a register of all alterations 
made by them in the names of streets and in the numbers 
the houses therein, and such register shall be kept in 
such form as to show the date of every such alteration, 
and the name of the street previous to such alteration as 
well as the new name thereof. It shall be lawful for any 
person to inspect such register, and to take a copy of any 
portion thereof, upon payment of such reasonable fee as 
the Council may from time to time determine. 



PART V. 

OPEN SPACES ABOUT BUILDINGS AND 
HEIGHT OF BUILDINGS. 

Meaning of 39 For the purposes of this Part of this Act the ex- 
buiSing" Passion " domestic building " shall not include any build- 
in this part i n g s used or constructed, or adapted to be used wholly or 

principally as offices or counting-houses. 
1 

\ Light and 40 In the case of domestic buildings erected after the 
of hawt- n commencement of this Act which shall have a habitable 
able base- basement, there shall for the purpose of giving light and 
air to such basement be provided in the rear of the build- 
ing and exclusively belonging thereto, an open space of an 
aggregate extent of not less than one hundred square feet 



Plate 1 



DOMESTIC BUILDINGS ON^EW STREETS 




WTH BASEMENT ^ JTHOg* 



PLANS 



OPEtf SPACES. 41 

free from any erection thereon above the level of the ad- Sec. 40 
joining pavement, which open space, notwithstanding any- 
thing hereinafter contained, need not necessarily adjoin the 
rear boundary of the premises. 

For rules, see Section 70, pages 63-65. 

Read also herewith Public Health (London) Act, 1891 (54 & 55 
Viet., c. 76, ss. 96, 97 & 98), pages 316-319. 
See Plates 1 and 3. 

41 1. With respect to domestic buildings erected after Space at 
the commencement of this Act, and abutting upon a street domestic 
formed or laid out after the commencement of this Act, the buildings, 
following provisions shall have effect : 

(i.) There shall be provided in the rear of every such 
building an open space exclusively belonging to 
such building, and of an aggregate extent of not 
less than one hundred and fifty square feet ; 

Where there is a basement storey directly and 
sufficiently lighted and ventilated by the open space 
provided under the preceding section, irrespective 
of any use to which the ground storey is appro- 
priated, or where there is no such basement storey, 
but where the ground storey is not constructed or 
adapted to be inhabited, the open space required by 
this section may be provided above the level of the 
ceiling of the ground storey, or a level of sixteen 
feet, exclusive of lantern lights, measured from the 
level of the adjoining pavement ; 

In all other cases the open space shall be free 
from any erection thereon above the level of the 
adjoining pavement, except a water-closet, earth- 
closet, or privy, and a receptacle for ashes, and 
enclosing walls, none of which erections shall ex- 
ceed nine feet in height ; 

See Plates 1 and 3. 

(ii.) Such open space shall extend throughout the entire 
width of such building, and to a depth in every 
part of at least ten feet from such building ; 
The height of any such building in relation to the 
space required in the rear thereof shall be fixed and 
ascertained as follows : 



42 TfiE LONDON BUILDING ACT, 1894. 

Sec. 41. () An imaginary line (hereafter referred to as 

" the horizontal line ") shall be drawn at 
right angles to the roadway formed or to 
be formed in front of the building, and 
through or directly over a point in front of 
the centre of the face of the building ; 

(b) The horizontal line shall be produced to 

intersect the boundary of the open space 
furthest from the said roadway ; 

(c) The horizontal line shall be drawn through- 

out at the level of the pavement formed or 
to be formed in front of the centre of the 
building, unless the site of the building in- 
cline towards the roadway or site of the road- 
way, in which case the horizontal line shall 
be drawn directly over the said point in front 
of the centre of the face of the building at 
the level throughout of the ground, at the 
boundary of the space furthest from such 
roadway where such boundary is intersected 
by the horizontal line ; 

(d) A second imaginary line (in this Part of this 

Act called " the diagonal line '') shall be 
drawn in the direction of the building above 
and in the same vertical plane with the 
horizontal line, and inclined thereto at an 
angle of 63J degrees, and meeting the hori- 
zontal line where it intersects the boundary 
of the space furthest removed from such 
roadway ; 

(e) No part of such building shall extend above 

the diagonal line except chimneys, dormers, 
gables, turrets, or other architectural orna- 
ments, aggregating in all to not more than 
one-third of the width of the rear elevation 
of such building, and except any building 
which under the provisions of this section 
is permitted on the open space ; 
(/) When the pavement in front of a building 
is not all on one level, then for the purpose 
of compliance with this section the mean 
level of such pavement shall be deemed to be 



Hate 2 
I LLU STRATION AS TO SEC ,41 .BACK YARDS . 



\C&ntrf of 




JfoTi^ 



SECTION . 



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M * 


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PLAN. 





diagram..^ VL ittastratioTL of the angle where Domestic, Buildings are 
erected abutting on. Streets laid, out after 1 st January 1895 &tke stringency 
is reuizeal -where. ttwDoTnestic building abnts on,Strccts laulffutlefvre the 
commencement of Act by the "horizontal tine being raisesL 76 feet above, the 
pavement level. 






OPEN SPACES. 43 

the level thereof. And where the boundary Sec. 41, 
of the space at the rear of such building is 
not parallel with the rear wall of the build- 
ing, then for the purpose of this section the 
horizontal line shall be drawn to a point 
distant from such rear wall, the mean dis- 
tance from such wall of the boundary of the 
space at the rear of such building, whether 
such point be beyond the said boundary or 
not ; 

(g) When the boundary of the space at the rear 
of any such building shall be so irregular in 
shape that a doubt arises as to how the 
measurement shall be taken, application shall 
be made to the Council, and the applicant 
if dissatisfied with the determination of the 
Council may appeal to the tribunal of appeal ; 

(h) When the land at the rear of any such build- 
ing and exclusively belonging thereto abuts 
immediately upon a street, or upon an open 
space which is dedicated to the public, or the 
maintenance of which as an open space is 
secured permanently or to the satisfaction 
of the Council by covenant or otherwise, the 
horizontal line shall be produced and the 
diagonal line may be drawn from the hori- 
zontal line at the centre of the roadway of 
such street at the level of the surface thereof, 
or at the further boundary of such open space, 
and it shall not be necessary to provide any 
open space at the rear of such building : 

See Plate 2. 

(iv.) The Council may 

(a) In the case of a building at a corner abutting 
upon two streets ; 

(6) In the case of a building at a corner abutting 
on one side upon a street, and on another 
side upon an open space not less than forty 
feet wide at any part, the maintenance of 
which as an open space is secured perma- 



44 THE LONDON BUILDING ACT, 1894, 

Sec. 41- nently, or to the satisfaction of the Council 

by covenant or otherwise ; 

permit the erection of buildings not exceeding 
thirty feet in height, upon such part of the space 
in the rear as they may think fit, provided that the 
Council be satisfied that such buildings shall be so 
placed as not to interfere unduly with the access of 
light and air to neighbouring buildings ; 

When the Council refuse any application under 
this sub-section for permission to erect a building 
not exceeding thirty feet in height upon the space 
at the rear, the applicant if dissatisfied with the 
determination of the Council may appeal to the 
tribunal of appeal. 

(v.) In the case of buildings at a corner as hereinbefore 
described, nothing in this Part as to the determina- 
tion of height by the diagonal line shall prevent 
the return front of such buildings being carried up 
to the full height of the front elevation for a dis- 
tance of forty feet, or for such less distance as the 
requirements for open space at the rear may de- 
mand. 

(vi.) In exceptional cases where, owing to the irregular 
shape of the land, any of the preceding provisions 
of this section cannot be applied, the Council may 
allow such modifications as they may think fit, 
provided the Council be satisfied that such modifi- 
cations shall not interfere with the due access of 
light or air ; and all persons interested, dissatisfied 
with any determination of the Council under this 
sub-section, may appeal to the tribunal of appeal. 
2. With respect to domestic buildings, erected after the 
commencement of this Act, abutting upon a street formed 
or laid out before the commencement of this Act, the pro- 
visions of this section shall apply with this modification, 
that the horizontal line shall be* drawn throughout at a 
level of sixteen feet above the level of the adjoining pave- 
ment, and that in any such case except in the case of 
dwelling-houses to be inhabited or adapted to be inhabited 
by persons of the working class the open space to be pro- 
vided in accordance with paragraphs (i.) and (ii.) of Sub- 
section 1 of this section may be provided above the level 



Plaie 3 



DOMESTIC BUILDINGS ON OLD STREETS 
SECTIONS 40410 




DOMESTIC BUILDINGS NOT INHABITED BY PERSONS OF THE 
WORKING CLASS 





STREET. 
SECTIONS 

DOMESTIC BUILDINGS INHABITED BY THE WORKING CLASSES 




-WTH BASEMENT H-MTHOUT BASEMENT 

PLANS 



Page 4-5. 



OPEN SPACES. 45 

of the ceiling of the ground storey, or above a level of Sec. 41, 
sixteen feet (exclusive of lantern lights) above the level of 
the adjoining pavement. 

See Plates 3 and 5. 

Provided always that notwithstanding the preceding 
provisions of this Part of this Act, any part of any domestic 
building may extend above the diagonal line, provided that 
the Council or tribunal of appeal shall be satisfied that an 
open cubic space of air will be provided at the rear of such 
building equivalent to the open cubic space which would 
have been provided at the rear of such building if such 
diagonal line had been drawn from the ground level in 
manner provided in Sub-section 1 (iii.) of this section, and 
if no part of such building (except as permitted under the 
preceding provisions of this section) had extended above 
such diagonal line. The applicant if dissatisfied with the 
determination of the Council may appeal to the tribunal of 



Nothing in this section shall apply to houses abutting in 
the rear on the river Thames, or on a public park, or on an 
open space of not less than eighty feet in depth which is 
dedicated to the public, or the maintenance of which as an 
open space is secured permanently or to the satisfaction of 
the Council by covenant or otherwise. 



For the definition of dwelling-houses to be inhabited or adapted 
to be inhabited by persons of the working class, see the cases 
quoted at end of Section 13, Sub-section 5, page 28. 

Decided that a two-storey building comprising a coach-house 
for vans on the ground floor, and a stable for horses on the first 
floor, was a "domestic building". Hewitt v. Kirk & Randall, 
Southwark Police Court, April 10th, 1895. 

Walduck v. L.C.C. was an appeal from the decision of the L.C.C. 
in not allowing a modification of the provisions with regard to an 
irregular open space at the rear and a portion of the building to ex- 
tend above the diagonal line. Appellant claimed that the building 
was a public building and did not apply. A large open space existed 
at the rear but not in communication with the building, and suffi- 
cient cubic space for light and air was provided about the buildings 
at the rear and sides. Respondents contended that the open space 
must extend the whole width of the building. The tribunal granted 
the application under certain conditions. Walduck v. L.C.C., 
Builder, Dec, 27th, 1902. 



way 



46 THE LONDON BUILDING ACT, 1894. 

open space 42 The following provisions shall have effect with 
provided respect to dwelling-houses to be inhabited or adapted to 
tain U bufid- ^ e inhabited by persons of the working class, erected after 
ings not on the commencement of this Act, not abutting upon a 
thepubiic street ._ 

(i.) At least one month before commencing to erect 
any such dwelling-house, the person intending to 
erect the same shall deliver at the county hall a 
sufficient plan or plans exhibiting the extent and 
height of the intended dwelling-house in its several 
parts, and also its position in relation to every 
other building, either already existing or in course 
of erection, which is adjacent thereto : 

(ii.) In any case where the Council are satisfied, taking 
all the circumstances of the case into consideration, 
that there will not be provided about such dwelling- 
house a sufficient open space or spaces for the 
admission of light and air thereto, it shall be lawful 
for the Council at any time before the expiration 
of one month from the delivery of the said plan or 
plans, by order to refuse to sanction such plan or 
plans, or to sanction the same subject to such 
conditions as they may by such order prescribe. 
Provided always that nothing in this sub-section 
shall authorise the Council to refuse to sanction such 
plan or plans, or to prescribe any conditions when 
sanctioning the same, in any case where the open 
space or spaces for the admission of light and air 
proposed to be provided about such dwelling-house 
is or are equivalent to the open space or spaces 
which would have been provided about such 
dwelling-house under the provisions of this Act, 
in case the same had been erected after the com- 
mencement of this Act, abutting upon a street or 
way formed or laid out before the commencement 
of this Act : 

(iii.) No person shall commence to erect any such dwelling- 
house without having obtained the sanction of the 
Council to the plans delivered by him : 

(iv.) Unless the Council shall, within one month after the 
delivery of the said plan or plans to them, give 
notice to the person delivering the same of their 



OPEN SPACES. 47 

disapproval thereof, the Council shall be deemed to Sec. 42. 
have given their sanction thereto : 

(v.) In case any person intending to erect any such 
dwelling-house considers that the refusal of the 
Council to sanction the plans delivered by him, 
or any of the conditions prescribed by the Council 
is or are unreasonable, he may appeal to the 
tribunal of appeal. 

For the definition of " dwelling-houses to be inhabited or adapted 
to be inhabited by persons of the working class," see the cases quoted 
at end of Section 13, Sub-section 5, page 28. 

43 When any person intends to erect a domestic saving for 
building not being a dwelling-house to be inhabited or^jjjjjc 
adapted to be inhabited by persons of the working class ^ofd Ss 
abutting upon a street on the site of domestic buildings OK 
existing at the commencement of this Act, or on a site 
vacant at the commencement of this Act, but which has 
been occupied by a domestic building at any time within 
seven years previous to the commencement of this Act, the 
following provisions shall have effect : 

(i.) It shall be lawful for such person, before commenc- 
ing to erect the intended domestic building, to 
cause to be prepared plans showing the extent of 
the previously existing domestic building in its 
several parts (or in the event of such building 
having been taken down before the commence- 
ment of this Act, or having been accidentally 
destroyed, the best plans available under all the 
circumstances of the case), and to cause such plans 
to be submitted to the district surveyor, who shall 
(if reasonably satisfied with the evidence of their 
accuracy) certify the same under his hand, and 
such certificate shall be taken to be conclusive 
evidence of the correctness of the plans ; 

Such person may then erect the intended 
domestic building, but so that no more land shall 
be occupied by the newly erected building than 
was occupied by the previously existing domestic 
building as so certified. If such person fail to 
submit such plans to the district surveyor, or the 
district surveyor or the tribunal of appeal refuse 



48 THE LONDON BUILDING ACT, 1894. 

Sec. 43. * certify the accuracy of the same, such person 

shall in rebuilding be bound by the preceding 
provisions of this Part of this Act relating to 
domestic buildings erected after the commence- 
ment of this Act, abutting upon a street formed 
or laid out before that date : 

Building owner not entitled to deviate in any respect from the 
certified plans without the consent of the L.C.C. under this section. 
Paynter v. Watson (1898), 2 Q.B. 31 ; 67 L. J. (Q.B.) 640. 

(ii.) If a person erecting the intended domestic building 
shall desire to deviate in any respect from the 
plan or plans certified by the district surveyor, it 
shall be lawful for him to apply to the Council, 
who shall sanction such deviations on such con- 
ditions as they may think fit, provided that, such 
conditions shall not in any case be more onerous 
than the conditions prescribed for domestic build- 
ings erected after the commencement of this Act, 
abutting on a street formed or laid out before that 
date : 

(iii.) A person dissatisfied with any decision of the 
Council or of a district surveyor under this section 
may appeal to the tribunal of appeal. 

Laying out 44 When any person desires to re-arrange a cleared 
Greets on area P rev i us ty occupied in whole or in part by buildings, 
cleared 00 by forming or laying out a new street or streets, or widen- 
ing a street or streets, he may make application to the 
Council with such plans and sections as may be required 
by the Council, and the Council may, if under all the 
circumstances of the case they think it desirable, modify 
or relax any of the foregoing provisions of this Part of this 
Act, subject to such conditions as the Council may impose. 
Within two months after the receipt of the application, 
the Council shall either sanction the plans and sections or 
give notice to the applicant of their disapproval thereof, 
stating fully all their reasons for such disapproval. 

Provided that if within the said period of two months 
the Council fail to give notice of their disapproval of any 
such plan or section, .they shall be deemed to have given 
their sanction thereto. 



Plate 



SECTION 45 



COURTS WITHIN A BULHNC CLOSED 
ON ALL SIDES 




PLAN 



- BBH 

r 







SECOND FLOOR 



FIRST FLOOR 



GROUND FLOOR 
HABITABLE ROOM 



SECTION 



COURTS flTHIN A BUILDING OPEN ON 
ONE SIDE 




PLAN 




SECOND FLOOR 



FIRST FLOOR 
HABITABLE ROOM 



GROUND FLOOR 



SECTION 



Page 4-9. 



COURTS WITHIN A BUILDING. 49 

Any applicant dissatisfied with the determination of the Sec. 4A* 
Council may appeal to the tribunal of appeal. 

As to requirements of the L.C.C., see By-law II. (e), page 437. 

45 Where a court wholly or in part open at the top courts 
but enclosed on every side, and constructed or used f of building, 
admitting light or air to a domestic building, is con- 
structed in connection with such domestic building, and 
the depth of such court from the eaves or top of the 
parapet to the ceiling of the ground storey exceeds the 
length or breadth of such court, adequate provision for 
the ventilation of such court shall be made and main- 
tained by the owner of the building by means of a com- 
munication between the lower end of the court and the 
outer air. 

No habitable room not having a window directly open- 
ing into the external air, otherwise than into a court 
enclosed on every side, shall be constructed in any building, 
unless the width of such court measured from such window 
to the opposite wall shall be equal to half the height, 
measured from the sill of such window to the eaves or 
top of the parapet of the opposite wall. 

Provided that a court, of which the greater dimension 
does not exceed twice the less dimension, shall be held to 
comply with this section if a court of the same area but 
square in shape would comply therewith. 

No habitable room above the level of the ground storey, 
not having a window directly opening into the external 
air otherwise than into a court open on one side, the 
depth whereof, measured from the open side, exceeds twice 
the width, shall be constructed in any building unless 
every window of such room be placed not nearer to the 
opposite wall of such court or to any other building than 
one-half the height of the top of such wall or building 
above the level of the sill of such window. 

See Plate 4, page 49. 

For method of measuring height, Section 5, Sub-section (21), 
page 15. 

46 In any case when it may be necessary the super- superin- 
intending architect shall determine which is the f ront Jj^iSfct 
and which is the rear of a building, such determination may define 

4 



50 



THE LONDON BUILDING ACT, 1894. 



Sec. 46. to be evidenced by his certificate. Any person dissatisfied 
with such certificate may appeal to the tribunal of appeal. 



front or 
rear of 
buildings. 

Height of 
buildings 
limited. 



Procedure 

where 

greater 

height 

allowed. 



47 A building (not being a church or chapel) shall not 
be erected of, or be subsequently increased to a greater 
height than eighty feet (exclusive of two storeys in the roof 
and of ornamental towers, turrets, or other architectural 
features or decorations) without the consent of the Council. 

Provided that where a contract shall have been lawfully 
made previously to the passing of this Act for the erection 
or increase of a building to a greater height than eighty 
feet, nothing in this section shall prevent the erection or 
increase of such building to any height to which it might 
have been lawfully erected or increased immediately before 
the passing of this Act. 

This section shall not apply to the rebuilding to the 
same height as at present of any building existing at the 
passing of this Act of a greater height than eighty feet. 

Provided also that where any existing buildings forming 
part of a continuous block or row of buildings exceed the 
height prescribed by this section, nothing in this section 
shall prevent any other building in the same block or row, 
belonging at the date of the passing of this Act to the 
same owner, from being carried to a height equal to but 
not exceeding that of the existing buildings. 

Nothing in this section shall affect the exercise of any 
powers conferred upon any railway company by any 
special Act of Parliament for railway purposes. 

See By-law !!.(/), page 438. 
See Plate 5, page 50. 

48 1. Whenever the Council consent to the erection 

of any building of a greater height than that prescribed by 

this Act, notice of such consent shall, within one week 

after such consent has been given, be published and served 

in such manner as the Council may direct, and the consent 

shall not be acted on until twenty-one days after such 

publication or service, or in the event of any appeal against 

such consent, until after the determination of such appeal. 

2. (a) The owner or lessee of any building or land 

within one hundred yards of the site of any 

intended building who may deem himself 



Plate 5 



HDGHT AND OPEN SPACES ABOUT BULDNGS 
SECTIONS 41, 47^49 





STREET FORMED BEFORE 1862 




STREET FORMED 1862 TO 1894 




STREET FORMED AFTER 1894 



2?OTE L If i tfifsMJtvsfyF GaZl^d'-Buildings tfalveight of a Bnildingmay be/ 
e&frcrnsfh&baAecPfa fo two Stories wz^ 

witfv no re&tric&jjns ccs to the, nzcrriber or &xfen c 
>fho7i (Section; 4-7) 

ccments cere/ permtttecL' to tfasezctenf' cf 
total/ length/ of such/ BtH^oHn^( Sections 41. S.S. 1. Hi (&}.) Paqe;5(). 



WHEN COUNCIL ALLOW GREATER HEIGHT. 51 

aggrieved by the grant of such consent in Sec. 48* 
respect of the last-mentioned building ; or 
(b) Any applicant for consent which has been re- 
fused 

may respectively within twenty-one days after the publica- 
tion of notice of the consent, or after the date of the re- 
fusal (as the case may be), appeal to the tribunal of appeal. 

3. Whenever such consent has been refused and the 
applicant to whom it has been refused intends to appeal 
against such refusal, such applicant shall give notice with- 
in twenty-one days of such refusal, in such manner as the 
Council may direct, to the owner or lessee of any building 
or land within one hundred yards of the site of the building 
to which such refusal relates, that he intends to appeal 
from such refusal. 

4. In the case of an appeal against the refusal of 
consent, any owner or lessee of any building or land 
within one hundred yards of the site of the intended 
building may appear and be heard before the tribunal of 
appeal against any application to reverse or vary the re- 
fusal. 

An appeal was made from the certificate issued by the L.C.C. to 
the defendants, allowing them to carry up their buildings to the 
heights of 120 feet and 110 feet. The objection was lodged by the 
plaintiff, in respect of Vine Street Police Station. A considerable 
portion of the houses fronting Regent Street had been cleared away, 
and nearly all the block would be cleared shortly. Application was 
made to the Council for consent to build an hotel to a greater height 
than 80 feet, which was granted, and the necessary notices were 
served on the Receiver of Police as adjoining owner. Both parties 
had the same landlords, and were debarred from bringing any action 
for light and air. The question for the tribunal was to consider 
whether the Council acted rightly in giving the certificate, and 
whether the buildings should be allowed to go higher than 80 feet. 

The tribunal of appeal dismissed the appeal. Receiver of Metro- 
politan Police v. Piccadilly Hotel Syndicate, Builder, Nov. 17th, 
1906. 

49 After the commencement of this Act no existing Heights of 
building (other than a church or chapel) on the side of a {^Sin 
street formed or laid out after the seventh day of August, cases. 
one thousand eight hundred and sixty-two, and of a less 
width than fifty feet, shall without the consent of the 
Council be raised, and no new building shall, without the 
consent of the Council, be erected on the side of any such 



52 THE LONDON BUILDING ACT, 1894. 

Sec. 49- street so that the height of such building shall exceed the 
distance of the front or nearest external wall of such build- 
ing from the opposite side of such street. 

Where such building is erected or intended to be erected 
on a corner plot, so as to abut upon more than one street, 
the height of the building shall (unless the Council other- 
wise consent) be regulated by the wider of such streets 
so far as it abuts or will abut upon such wider street, and 
also so far as it abuts or will abut upon the narrower of 
such streets to a distance of forty feet from the wider 
street. Provided that any building erected or raised be- 
fore the commencement of this Act to a height to which 
no objection could have been taken under any law then 
in force, although exceeding the height provided in this 
section, may be re-erected to its existing height. 

Nothing in this section shall affect the exercise of any 
powers conferred upon any railway company by any special 
Act of Parliament for railway purposes. 

See Plate 5, page 50. 

Baising of 50 Nothing in this Part of this Act contained shall 
so'asto 88 prevent the raising of any building by increasing the 
with Pl rovi height f ^ e to P most storey thereof to such an extent 
Sonsof Act only as may be necessary for the purpose of bringing any 
Ibiwoomt ! habitable rooms constructed in such topmost storey into 

conformity with the provisions of this Act relating to 

habitable rooms. 

See Section 70, pages 63-65. 

AS to re- 51 Nothing in this Part of this Act contained shall 
certain" f prevent the re-erection on the same site, and of not greater 
working- dimensions, of any dwelling-house inhabited or adapted 
ing 88 of WeU ~ to be inhabited by persons of the working class, erected 
thority 1 ^y a local authority previously to the passing of this Act. 

saving for 52 In the case of domestic buildings and buildings 

domestic erected or adapted for use as stables, such domestic 

buildings buildings and such stable buildings being upon sites 

stabies in abutting in the front upon a street and in the rear upon 

the rear. m ews, and such sites being of a depth of not more than 

one hundred and fifty feet measured from street to mews, 

the following provisions shall in certain cases have effect : 



Plate 6 

RECESSES IN EXTERN AL& PARTY WALLS (SECTION 54) 
& CHASES IN PARTY WALLS (SECTION 60.) 



7-0" 



flan, jfiftrinf greatest six* of chase and 
Itast distance, la another. 



Floo 



ectsscsnfft to 
jcceed% art a* 




A. A These openings 
Tnusi be archtd GO 
comply wiM the Act 
unless Ike recess e 
5" deep or Jess .then, 
'ftcty be corbelled 
" f Sec. 5* a**. 

.(*)- 



line she** 

altcrrua&vearch, *huh> 
still L^m/orisses in a 

it form, the 
largest areou the Act 
allots 



floor 
ELEVATION. 



\area. sf Recesse s & Open my s 
\aJbove ofrou,nd sloret/nolls 




Page SB. 

a S4. 



CONSTRUCTION OF BUILDINGS. 53 

If the stable buildings be limited to a depth of fifty feet, Sec. 52. 
measured from the mews frontage, and to a height of 
twenty-five feet, measured from the level of the mews, 
and if the open space required for the domestic build- 
ing under Section 41 of this Act be provided between, 
the domestic building and the stable building may 
for all other purposes of the said section, whether in 
one occupation or not, be deemed to be one domestic 
building with the rear abutting upon a street. 



PART VI. 
CONSTRUCTION OF BUILDINGS. 

53 Subject to any by-laws of the Council made in structure 
pursuance of this Act, walls shall be constructed of the J^of k ~ 
substances and in the manner and of not less than the wails, 
thickness prescribed by this Act or mentioned in the First 
Schedule to this Act. 

For buildings exempt from this part of the Act, see Sections 201- 
206, pages 140-145. 

See Section 164 as to by-laws, pages 121-123. 

For Construction of Public Buildings, see Section 78, page 71. 

For powers of District Surveyor with regard to open shed build- 
ings, see the First Schedule, Preliminary 1, page 149. 

54 1. Recesses and openings may be made in external Rules as to 
walls provided 

(a) That the backs of such recesses are not of less ing8 - 

thickness than eight and a half inches ; and 

(b) That the area of such recesses and openings 

above the ground storey do not, taken together, 
exceed one-half of the whole area of the wall 
above the ground storey in which they are 
made. 
2. Recesses may be made in party walls provided 

(a) That the backs of such recesses are not of less 

thickness than thirteen inches ; and 

(b) That over every recess so formed an arch of at 

least two rings of brickwork of the full depth 



54 THE LONDON BUILDING ACT, 1894. 

Sec. 54- of the recess be turned on every storey, except 

in the case of recesses formed for lifts ; but 
where such recess does not exceed five inches 
in depth, corbelling in brick or stone may be 
substituted for the arching ; and 

(c) That the areas of such recesses do not, taken to- 

gether, exceed one-half of the whole area of the 
wall of the storey in which they are made ; 
and 

(d) That such recesses do not come within thirteen 

and a half inches of the inner face of the ex- 
ternal walls. 

3. An opening shall not be made in any party wall 
except in accordance with the provisions of this Act in 
relation thereto. 

Provided that it shall be lawful for the superintending 
architect, on application made to him in accordance with 
any rules made in that behalf by the Council, to give con- 
sent in writing to any modification or relaxation of the 
requirements of this section with respect to the area of 
recesses and openings in any special cases where he may 
think proper. The word area as used in this section shall . 
mean the area of the vertical face or elevation of the wall 
or recess to which it refers. 

See Sections 15-22, pages 220-224. 

Rules as to 55 All woodwork fixed in any external wall, except 

ex?oSai n bressummers and storey-posts under the same, and frames 

walls. O f doors and windows of shops on the ground storey of any 

building, shall be set back four inches at the least from the 

external face of such wall ; but loophole frames and 

frames of doors and windows may be fixed flush with the 

face of any external wall : 

Provided that it shall be lawful for the Council, by by- 
law or otherwise, to exempt from the provisions of this 
section, oak, teak, or other wood, provided the work be 
constructed to the satisfaction of the district surveyor. 

See By-law II. (g), page 438. 

It will be observed that door and window frames can by this sec- 
tion be fixed flush with the external face of wall instead of being 
set back 4 inches as required in previous Acts, 



CONSTRUCTION OF BUILDINGS. 55 

56 1. Every bressummer, whether of wood or metal, Sec. 56. 
shall have a bearing in the direction of its length of four Eules as to 
inches at least at each end upon a sufficient pier of brick 
or stone, or upon a timber or iron storey-post fixed on a 
solid foundation, in addition to its bearing upon any party 
wall or external wall, and the district surveyor shall have 
power in his discretion to require that every bressummer 
shall have such other storey-posts, iron columns, stan- 
chions, or piers of brick or stone, or corbels, as may be 
sufficient to carry the superstructure, and the ends of such 
bressummer, if of wood, shall not be placed nearer to the 
centre line of the party walls than four inches. 

For definition of bressummer, see Section 5 (7), page 13. 

2. At each end of every metallic bressummer a space 
shall be left equal to one-quarter of an inch for every ten 
feet, and also for any fractional part of ten feet of the 
length of such bressummer to allow for expansion. 

3. A bond timber or wood plate shall not be built into 
any party wall, and the ends of any wooden beam or joist 
bearing on such walls shall be at least four inches distant 
from the centre line of the party walls. 

4. Every bressummer bearing upon a party wall shall be 
borne by a templet or corbel of stone or iron tailed through 
at least half the thickness of the wall, and of the full 
breadth of the bressummer. 

5. The end of any timber not permitted to be placed in 
or to have a bearing on a party wall, may be carried on a 
corbel or templet of stone or iron, or vitrified stoneware, 
tailed into the wall to a distance of at least eight and a 
half inches, or otherwise supported to the satisfaction of 
the district surveyor. 

57 If any gutter, any part of which is formed of com- Height ana 
bustible materials, adjoin an external wall, such wall shall ^parapets 
be carried up so as to form a parapet one foot at the least to external 
above the highest part of the gutter, and the thickness of 
the parapet so carried up shall be at least eight and a half 
inches throughout. 

58 In either of the following cases : - 



56 THE LONDON BUILDING ACT, 1894. 

Sec. 58- (a) When a wall is, after the commencement of this Act, 

Cases in built as a party wall in any part ; or 

waii c to a be W Where a wa ^ built before or after the commencement 

deemed a of this Act becomes after the commencement of 

party wall. thig A(jt ft party wftll in any part . 

the wall shall be deemed a party wall for such part of its 
length as is so used. 

For definition of party wall, see Section 5 (16), page 14. 

Height of 59 1. Every party wall shall be carried up of a thick- 
above root! ness m a building of the warehouse class equal to the 
thickness of such wall in the topmost storey, and in any 
other building of eight and a half inches above the roof, 
flat, or gutter of the highest building adjoining thereto, to 
such a height as will give a distance (in a building of the 
warehouse class exceeding thirty feet in height) of at least 
three feet, and (in any other building) of fifteen inches, 
measured at right angles to the slope of the roof, or fifteen 
inches above the highest part of any flat or gutter, as the 
case may be. 

2. Every party wall shall be carried up of the thickness 
aforesaid above any turret, dormer, lantern light, or other 
erection of combustible materials fixed upon the roof or flat 
of any building within four feet from such party wall, and 
shall extend at the least twelve inches higher and wider on 
each side than such erection, and every party wall shall be 
carried up above any part of any roof opposite thereto, and 
within four feet therefrom. 

For definition, see Section 5 (28), page 16. 

[NOTE. When converting a wall of adjoining house into a party 
wall by an addition, the building owner must conform with this 
section. Marsland v. Thompson, Builder, Oct. 27th, 1900.] 

For rights of adjoining owners, see Section 87, pages 76-78. 

See Section 10, London Building Acts (Amendment) Act, 1905, 
page 189. 

Rules as to 60 In a party wall a chase shall not be made wider than 
party walls, fourteen inches, nor more than four and a half inches deep 
from the face of the wall, nor so as to leave less than eight 
and a half inches in thickness at the back or opposite side 
thereof, and a chase shall not be made within a distance of 
seven feet from any other chase on the same side of the 



Plate r , 



LANTERN LIGHT, POSITIONS TO 
FRONT AND PARTY WALLS. 

Sectwn 59. (2). 




SECTION 
A. A. 



SECTION 
B.B. 




CD 



PLAN 



Pag* 56 



CONSTRUCTION OF BUILDINGS. 57 

wall, or within thirteen inches from an external wall. No Sec. 60' 
chase shall be made in a wall of less thickness than thirteen 
inches. 

61 1. The flat, gutter, and roof of every building, and Rules as to 
every turret, dormer, lantern light, skylight, or other erec- on S X u " 
tion placed on the flat or roof thereof shall be externally roofs - 
covered with slates, tiles, metal, or other incombustible 
materials, except wooden cornices and barge boards to 
dormers not exceeding twelve inches in depth, and the 
doors, door frames, windows, and window frames of such 
dormers, turrets, lantern lights, skylights, or other erections. 

See Section 73 (1) for regulations as to cornices, eaves, to an 
overhanging roof, pages 66-69. 

Under the M.B. Act, 1855. " Duroline " (a substance of woven 
wire with oleaginous coating) was held not to be an incombustible 
material. Payne v. Wright (1892), 1 Q.B. 104. 

See Greig v. Robertson, pages 113 and 114. 

2. [Eepealed by the London Building Acts (Amendment) 
Act, 1905. Section 12 of that Act substituted. Pages 
190-192.] 

3. The plane of the surface of the roof of a building of 
the warehouse class shall not incline from the external or 
party walls upwards at a greater angle than forty-seven 
degrees with the horizon. Provided that this sub-section 
shall not apply to towers, turrets, or spires. 

4. The plane of the surface of the roof of any other 
building shall not incline from the external or party walls 
upwards at a greater angle than seventy-five degrees with 
the horizon. Provided that this sub-section shall not apply 
to towers, turrets, or spires. 

62 1. Not more than two storeys shall be constructed storeys in 
in the roof of any domestic building. 

2. Any storey constructed in the roof of any domestic 
building, the upper surface of the floor of which storey is 
at a height of above sixty feet from the street level, shall 
be constructed of fire-resisting materials throughout. 

See Section 5 (27), page 16, which gives a list of buildings which, 
having more than 250,000 cubic feet, may be considered as public 
buildings, and to which this section would not apply. 

As to materials, see First Schedule, pages 207-209. 



58 THE LONDON BUILDING ACT, 1894. 

Sec. 63. 63 [Kepealed by the London Building Acts (Amend- 
ment) Act, 1905. Section 7 substituted. Pages 184-187.] 

Rules as to 64 1. Chimneys built on corbels of brick, stone, or 
otner incombustible materials may be erected if the work 
so corbelled out do not project from the wall more than 
the thickness of the wall, measured immediately below 
the corbel, but all other chimneys shall be built on solid 
foundations, and with footings similar to the footings of 
the wall against which they are built, unless they are 
carried upon iron girders with direct bearings upon party, 
external, or cross walls, to the satisfaction of the district 
surveyor. 

2. Chimneys and flues having proper soot doors of not 
less than forty square inches may be constructed at any 
angle, but in no other case shall any flue be inclined at a 
less angle than forty-five degrees to the horizon, and every 
angle shall be properly rounded. 

All soot doors shall be at least fifteen inches distant from 
any woodwork. 

See Sub-section 20 (c), infra, page 60. 

3. An arch of brick or stone, or a bar of wrought iron 
of sufficient strength, shall be built over the opening of 
every chimney to support the breast thereof, and if the 
breast project more than four inches from the face of the 
wall, and the jamb on either side be of less width than 
seventeen and a half inches, the abutments shall be tied in 
by an iron bar or bars of sufficient strength, turned up and 
down at the ends, and built into the jambs for at least 
eight and a half inches on each side. 

4. A flue shall not be adapted to or used for any new 
oven, furnace, cockle, steam boiler, or close fire, used for 
any purpose of trade or business, or to or for the range or 
cooking apparatus of any hotel, tavern, or eating-house, 
unless the flue be surrounded with brickwork at least 
eight and a half inches thick from the floor on which such 
oven, furnace, cockle, steam boiler, or close fire is situate 
to the level of the ceiling of the room next above the same. 

5. A flue shall not be used in connection with a steam 
boiler or hot-air engine unless the flue is at least twenty 



CHIMNEYS & FLUES IN EXTERNAL 
& PARTY WALLS. 



Plate 8 




SECTION. 



FRONT 



The arch iilhc usual 
fo777t, of construction, 
but, the Act dots rut 
insist on this, sec 
Sec. 64, suA. Sec. 17. 




PLAN 



P LA N 



ny thickness Jearocclion, 
of Jamas ' 



'.ivm* thicknetf 8r projection, 
'rirvf a,rchia,T of Ja.-rr.bt Ihol rey*,i.*t no o-reJt, 9o,r 



ope 



J 



r than, 



ni,n f on each 



P*la,n of Fire alett 
Parly *a,ll 



Pages 58-6 



CHIMNEYS AND FLUES. 59 

feet in height, measured from the level of the floor on Sec. 64. 
which such engine is placed. 

6. The inside of every flue, and also the outside where 
passing through any floor or roof or behind or against any 
woodwork, shall be rendered, pargeted, or lined with fire- 
resisting piping of stoneware. 

7. The position and course of every flue shall be dis- 
tinguished on the outside of the work as it is carried up 
by outline marks in some durable manner, except when 
the exterior face of the flue forms part of the outer face of 
an external wall not likely to be built against. 

8. The jambs of every fireplace opening shall be at least 
eight and a half inches wide on each side of the opening 
thereof. 

9. The breast of every chimney and the brickwork sur- 
rounding every smoke flue shall be at least four inches in 
thickness. 

10. The back of every fireplace opening in a party wall, 
from the hearth up to the height of twelve inches above 
the mantel, shall be at least eight and a half inches thick. 

11. The thickness of the upper side of every flue, when 
its course makes with the horizon an angle of less than 
forty-five degrees, shall be at least eight and a half inches. 

12. Every chimney shaft or smoke flue shall be carried 
up in brick or stonework at least four inches thick through- 
out, to a height of not less than three feet above the roof, 
flat, or gutter adjoining thereto, measured at the highest 
point in the line of junction with such roof, flat, or gutter. 

13. The highest six courses of every chimney stack or 
shaft shall be built in cement. 

14. The brickwork or stonework of any chimney shaft, 
except that of the furnace of any steam engine, brewery, 
distillery, or manufactory, shall not be built higher above 
the roof, flat, or gutter adjoining thereto than a height 
equal to six times the least width of such chimney shaft 
at the level of such highest point in the line of junction, 
unless such chimney shaft is built with and bonded to 
another chimney shaft not in the same line with the first, 
or otherwise rendered secure. 

15. There shall be laid level with the floor of every 
storey before the opening of every chimney, a slab of stone, 
slate, or other incombustible substance, at the least six 



60 THE LONDON BUILDING ACT, 1894. 

Sec. 64. inches longer on each side than the width of such opening, 
and at the least eighteen inches wide in front of the breast 
thereof. 

16. On every floor, except the lowest floor, such slab 
shall be laid wholly upon stone or iron bearers, or upon 
brick trimmers or other incombustible materials, but on 
the lowest floor it may be bedded on concrete covering the 
site, or on solid materials placed on such concrete. 

17. The hearth or slab of every chimney shall be bedded 
wholly on brick, stone, or other incombustible substance, 
and shall, together with such substance, be solid for a 
thickness of six inches at least beneath the upper surface 
of such hearth or slab. 

18. A flue shall not be built in or against any party 
structure unless it be surrounded with new brickwork at 
least four inches in thickness, properly bonded. 

" New brickwork " means brickwork new at the time of building 
the flue, and does not include a party wall dividing two houses if 
previously constructed. Aerated Bread Co. v. 'Shepherd (1897), 
13 T.L.R. 311. 

19. A chimney breast or shaft built with or in any party 
wall shall not be cut away, unless the district surveyor 
certifies that it can be done without injuriously affecting 
the stability of any building. 

20. A chimney shaft, jamb, breast, or flue shall not be 
cut into except for the purpose of repair, or during some 
one or more of the following things : 

(a) Letting in or removing or altering flues, pipes, 

or funnels for the conveyance of smoke, hot 
air, or steam, or letting in, removing, or 
altering smoke jacks ; 

(b) Forming openings for soot doors, such open- 

ings to be fitted with a close iron door and 
frame ; 

See Sub-section 2, supra, page 58. 

(c) Making openings for the insertion of venti- 

lating valves subject to the following re- 
striction, that an opening shall not be made 
nearer than twelve inches to any timber or 
combustible substance. 



FURNACE CHIMNEY SHAFTS. 61 

21. Timber or woodwork shall not be placed Sec. 64. 

(a) In any wall or chimney breast nearer than 

twelve inches to the inside of any flue or 
chimney opening ; 

(b) Under any chimney opening within ten inches 

from the upper surface of the hearth of such 
chimney opening ; 

(c) Within two inches from the face of the brick- 

work or stonework about any chimney or 
flue where the substance of such brickwork 
or stonework is less than eight and a half 
inches thick, unless the face of such brick- 
work or stonework is rendered. 

22. Wooden plugs shall not be driven nearer than six 
inches to the inside of any flue or chimney opening, nor 
any iron holdfast or other iron fastening nearer than two 
inches thereto. 

65 Unless the Council otherwise permit, every chimney Furnace 
shaft for the furnace of a steam engine, brewery, distillery, glft" . ey 
or manufactory shall be constructed in conformity with the 
following rules : 

The requirements as to smoke consumption are set out in the 
Public Health (London) Act, 1891, Sections 23 and 24. 

See L.C.C. Regulations and Rules for consent for chimney shafts, 
By-law II. (h), page 438. 

1. Every shaft shall be carried up throughout in brick- 

work and mortar of the best quality, and if detached, 
shall taper gradually from the base to the top of the 
shaft at the rate of at least two inches and a half in 
ten feet of height : 

2. The thickness of brickwork at the top of the shaft, 
. and for twenty feet below the top, shall be at least 

eight and a half inches, and shall be increased at 
least one-half brick for every additional twenty feet 
measured downwards : 

3. Every cap, cornice, pedestal, plinth, string course, or 

other variation from plain brickwork shall be pro- 
vided as additional to the thickness of brickwork 
required under this Act, and every cap shall be 
constructed and secured to the satisfaction of the 
district surveyor : 



62 THE LONDON BUILDING ACT, 1894. 

Sec. 65. 4. The foundation of the shaft shall always be made to 
the satisfaction of the district surveyor on concrete 
or other sufficient foundation : 

5. The footings shall spread all round the base by 

regular offsets to a projection equal to the thickness 
of the enclosing brickwork at the base of the shaft, 
and the space enclosed by the footings shall be filled 
in solid as the work progresses : 

6. The width of the base of the shaft if square shall be 

at least one-tenth of the proposed height of the 
shaft, or if the same is round or of any other shape 
then one-twelfth of the height : 

7. Any firebricks built inside the lower portion of the 

shaft shall be provided as additional to and inde- 
pendent of the thickness of brickwork prescribed by 
these rules, and shall not be bonded therewith. 

Rules as to QQ 1. The floor under every oven, copper, steam boiler, 
andpfoes 8 or stove which is not heated by gas, and the floor around 
ing vtTour ^ same > sn all for a space of eighteen inches be formed of 
& c gva ' r> materials of an incombustible and non-conducting nature 
not less than six inches thick. 

See Section 64, Sub-sections 15, 16, 17, for regulations as to 
domestic chimney openings, pages 59 and 60. 

2. A pipe for conveying smoke or other products of 
combustion, heated air, steam, or hot water shall not be 
fixed against any building on the face adjoining to any 
street or public way. 

3. A pipe for conveying smoke or other products of 
combustion shall not be fixed nearer than nine inches to 
any combustible materials. 

4. A pipe for conveying heated air or steam shall not be 
fixed nearer than six inches to any combustible materials. 

5. A pipe for conveying hot water shall not be placed 
nearer than three inches to any combustible materials. 

Provided that the restrictions imposed by this section 
with respect to the distance at which pipes for conveying 
hot water or steam may be placed from any combustible 
materials, shall not apply in the case of pipes for conveying 
hot water or steam at low pressure. 



Plate 9. 



SHEWS THE LEAST HEIGHT 
PERMITTED BY THE ACT FOR HABITABLE ROOMS 
WHOLLY OR PARTLY IN THE ROOF. 







SECTION A.B. 




ATTIC PLAN 



Page 63 



CONSTRUCTION OF BUILDINGS. 63 

For the purposes of this section, hot water or steam Sec. 66* 
shall be deemed to be at low pressure when provided with 
a free blow-off. 

67 The floor over any room or enclosed space in which Floors 
a furnace is fixed, and any floor within eighteen inches nacel and 
from the crown of an oven, shall be constructed of fire- ovens, 
resisting materials. 

See First Schedule of London Building Acts (Amendment) Act, 
1905, pages 207-209. 

68 In every public building and in any other building Rules as to 
of more than one hundred and twenty-five thousand feet 
in cubical extent, and which is constructed or adapted 
be used as a dwelling-house for separate families, the floors 
of the lobbies, corridors, passages and landings, and also 
the flights of stairs shall be of fire-resisting material, and 
carried by supports of a fire-resisting material. 

See London Building Acts (Amendment) Act, 1905. The First 
Schedule, pages 207-209. 

See L.C.C. Regulations on Theatre Construction, pages 452-485, 
and regulations as to staircases of public buildings, Section 80, 
pages 72 and 73 of this Act. 

69 I- In every building constructed or adapted to be ventilation 
occupied in separate tenements by more than two families, ases. ir ~ 
the principal staircase used by the several families in 
common shall be ventilated upon every storey above the 
ground storey by means of windows or skylights opening 
directly into the external air, or shall be otherwise ade- 
quately ventilated. 

2. The principal staircase in every building being a 
dwelling-house, and not subject to the provisions of Sub- 
section 1 of this section, shall be ventilated by means of a 
window or skylight opening directly into the external air. 

70 1- (&) Every habitable room, except rooms wholly Rules as to 
or partly in the roof, shall be in every part at least eight ?ooms. ble 
feet six inches in height from the floor to the ceiling ; 

(b) Every habitable room wholly or partly in the roof of 
any building shall be at least eight feet in height from the 
floor to the ceiling throughout not less than one-half the 
area of such room ; 



64 THE LONDON BUILDING ACT, 1894. 

Sec. 70. (c) Every habitable room shall have one or more windows 
opening directly into the external air or into a conservatory, 
with a total superficies clear of the sash frames free from 
any obstruction to the light equal to at least one-tenth of 
the floor area of the room, and so constructed that a por- 
tion equal to at least one-twentieth of such floor area can 
be opened, and the opening in each case shall extend to at 
least seven feet above the floor level ; but a room having 
no external wall, or a room constructed wholly or partially 
in the roof, may be lighted through the roof by a dormer 
window, with a total superficies clear of the sash frames 
free from any obstruction to the light equal to at least one- 
twelfth of the floor area of the room, and so constructed 
that a portion of such window equal to at least one-twerity- 
fourth of such floor area can be opened, and the opening 
in each case shall extend to at least five feet above the 
floor level, or such room may be lighted by a lantern light, 
of which~a portion equal to at least one-twentieth of the 
floor area can be opened ; 

It is not compulsory to put a fireplace in a habitable room when 
other means of ventilation exist. One must be put in a one-room 
tenement. See L.C.C. General Powers Act, 1908 (for cooking), page 
215. 

The L.C.C. by-laws, made under the Public Health (London) Act, 
1891, Section 39 (1), require a window to W.Cs. of at least two 
square feet in area, page 538. 

(d) In a building being a dwelling-house, every basement 
room having a wooden floor other than a floor constructed 
of solid wood bedded on concrete, shall have a sufficient 
space between the ground and the floor surfaces to admit 
of ventilation by means of air-bricks or otherwise ; 

See Section 40, pages 40 and 41. 

(e) Every habitable room constructed over a stable shall 
be separated from the stable by a floor which shall have, in 
every part not occupied by a joist or girder, a layer of 
concrete plugging of good quality or of other solid con- 
struction three inches in thickness, finished smooth upon 
the upper surface and properly supported, and the under- 
side of such floor shall be ceiled with lath and plaster of 
good quality or of other solid construction ; 

Any staircase or gallery or structure by which such 
rooms shall be approached shall be separated from any 



CONSTRUCTION OF BUILDINGS. 65 

stable to which it may adjoin by a brick wall not less Sec. 70. 
than nine inches in thickness ; 

See Section 52, pages 52 and 53. 

(/) Nothing in this Act shall affect, alter, or repeal any 
of the provisions of the Public Health (London) Act, 1891, 
relating to underground rooms. 

See regulations as to underground rooms, pages 316-319. 

2. If any person knowingly suffer any room constructed 
after the commencement of this Act that is not constructed 
in conformity with this section to be inhabited, he shall, 
in addition to any other liabilities to which he may be 
subject, be liable to a penalty for every day during which 
such room is inhabited. 

71 1. Every party arch or party floor and every arch Rules as to 
or floor over any public way, or any passage leading JJJg s over 
through or under a building or part of a building to premises public 
in other occupation, shall be formed of brick, stone, or m 
other incombustible materials. 

2. If an arch of brick or stone be used it shall be of the 

k thickness of eight and a half inches at least, and the centre 
of such arch shall be higher than the springing at the rate 
of one inch at least for every foot, and also for any frac- 
tional part of a foot of span. 

3. If an arch or floor or other incombustible material be 
used, it shall be constructed in such manner as may be 
approved by the district surveyor. 

72 1. Every arch or other construction under any Rules as to 
passage leading to premises in other occupation, or under 
any public way or intended public way, shall be formed 
of brick, stone, or other incombustible materials. 

2. If an arch of brick or stone be used, it shall 

(a) Where its span does not exceed ten feet, be of 

the thickness of eight and a half inches at 
least ; 

(b) Where its span exceeds ten, but does not 

exceed fifteen feet, be of the thickness of 
thirteen inches at least; and 
5 



66 THE LONDON BUILDING ACT, 1894. 

Sec. 72. (c) Where its span exceeds fifteen feet, be of such 

thickness as may be approved by the district 
surveyor. 

3. If an arch or other construction of other incombus- 
tible material be used, it shall be constructed in such 
manner as may be approved by the district surveyor. 

In the case of chambers constructed to hold electric light wires 
under the public way by a public authority, they must be con- 
structed to district surveyor's satisfaction. Whitechapel Board of 
Works v. Crow (1901), 84 L.T. 595. 

And the same decision was followed in the Charing Cross and 
Strand Electricity Supply Corporation v. Woodthorpe (1903), 88 
L.T. 772. 

By the Metropolis Management Act, 1855, Section 101, page 252, 
consent to form vault under street is necessary from Borough 
Council, and in the City of London consent must be obtained from 
the Corporation. See City of London Sewers Act, 1848, Section 125. 

Rules as to 73 The following provisions shall (except with the con- 
Sons." sen * f * ne Council) apply to projections from buildings : 

For plans required by L.C.C. for consent, see Kegulations II. 
(2), page 439. 

1. Every coping, cornice, string course, fascia, window- 

dressing, portico, porch, balcony, verandah, balus- 
trade, outside landing, outside stairs and outside 
steps, and architectural projection or decoration 
whatsoever, and also the eaves, barge boards and 
cornices to any overhanging roof, except the cornices 
and dressings to the window fronts of shops, and 
except the eaves, barge boards and cornices to 
detached and semi-detached dwelling-houses, and to 
other dwelling-houses in which the party walls are 
corbelled out so as to project four inches beyond 
such eaves, barge boards, or cornices, shall be of 
brick, tile, stone, artificial stone, slate, cement, or 
other fireproof material : 

For the purpose of this sub-section a pair of semi- 
detached houses shall be deemed to be one building : 

For fire-resisting materials for verandahs, &c., see First Schedule, 
II. 5, London Building Acts (Amendment) Act, 1905, pages 207-209. 

2. Every balcony, cornice, or other projection shall be 

tailed into the wall of the building, and weighted 



Plate 10 



GREATEST PROJECTIONS OF SHOP FRONTS 
AND CORNICES IN FRONT OF EXTERNAL WALL OF 
THE BUILDING TO WHICH IT BELONGS. 



Section, 73. (3). 



If Sired or 
lest lh*n, S 



If street or way 
more than. S' 




WWM 




NOTE. No part of ike alove 
may ft on. or ove.r t,Ji< 
1/7- yTt. <*.ny land yit/en u,p to 
nly -for 



Page 6 7. 



CONSTRUCTION OF BUILDINGS. 67 

or tied down to the satisfaction of the district sur- Sec. 73. 
veyor, and no cornice shall exceed in projection 
two feet six inches over the public way : 

3. In a street or way of a width not greater than thirty 

feet, any shop front may project beyond the ex- 
ternal wall of the building to which it belongs to 
any extent not exceeding five inches, and any 
cornice of any such shop front may project to any. 
extent not exceeding thirteen inches ; and in any 
street or way of a width greater than thirty feet, 
any shop front may project to any extent not ex- 
ceeding ten inches, and any cornice of any such 
shop front may project to any extent not exceeding 
eighteen inches beyond the external wall of the 
building to which it belongs, over the ground of 
the owner of the building, provided that this pro- 
vision shall not authorise in any such street the 
projection of any part of any such shop front other 
than the cornice on or over the public way or any 
land to be given up to the public way : 

4. No part of the woodwork of any shop front shall be 

fixed higher than twenty-five feet above the level 
of the pavement of the public footpath in front of 
the shop. No part of the woodwork of any shop 
front shall be fixed nearer than four inches to the 
centre of the party wall where the adjoining pre- 
mises are separated by a party wall, or nearer than 
four inches to the face of the wall of the adjoining 
premises, where the adjoining premises have a 
separate wall, unless a pier or corbel of stone, brick, 
or other incombustible material, four inches wide 
at the least, be placed as high as such woodwork, 
and projecting throughout an inch at the least in 
front thereof between such woodwork and the 
centre of the party wall, or the separate wall as the 
case may be : 

5. In a street of a width not less than forty feet, or to 

a building the front wall of which is not at a less 
distance than forty feet from the opposite boundary 
of the street, bay windows to dwelling-houses may 
be erected on land belonging to the owner of the 
building, notwithstanding the provisions of this 



68 THE LONDON BUILDING ACT, 1894. 

Sec. 73. Act relating to buildings beyond the general line 

of buildings in streets, provided that such bay 
windows 

(a) Do not exceed three storeys in height above 

the level of the footway ; 

(b) Do not project more than three feet from 

the main wall of the building to which they 
are attached; 

(c) Do not project in any part within the pre- 

scribed distance of the centre of the roadway ; 

(d) Are in no part nearer to the centre of the 

nearest party wall than the extreme amount 
of their projection from the main wall of the 
building to which they are attached ; 

(e) Do not taken together exceed in width three- 

fifths of the frontage of the building towards 
the street to which such bays face ; 

(f) Are not constructed upon any part of the 

public way or upon any land agreed to be 
given up to the public way ; and 

(g) Shall not be used for trade purposes : 

Bay windows to which the foregoing rules 
do not apply shall not be erected without 
the consent of the Council after consulting 
the local authority. 

As window frames (Section 55, page 54) can now be fixed flush 
with external face of wall, and bay windows are not included in 
projections which are to be fireproof in Section 73 (1), page 66, it 
follows that the piers are not required to be of brick or stone. 

6. In a street of a width not less than forty feet, or to 
a building the front wall of which is not at a less 
distance than forty feet from the opposite boundary 
of the street, projecting oriel windows or turrets 
may be constructed. Provided that 

(a) No part of any such projection extend more 
than three feet from the face of the front 
wall of the building, or more than twelve 
inches over the public way ; 
(&) No part of any such projection be less than 
ten feet above the level of the footway of 
the street ; 
(c) No part of any such projection (where it over- 



CONSTRUCTION OF BUILDINGS. 69 

hangs the public way) be within a distance Sec. 73. 
of four feet of the centre of the nearest 
party wall ; 

(d) On no floor shall the total width of any such 

projections taken together exceed three- 
fifths of the length of the wall of the build- 
ing on the level of that floor ; 

(e) Every such projection be constructed to the 

satisfaction of the district surveyor, or in 
the event of disagreement, to the satisfac- 
tion of the superintending architect, whose 
determination shall be final : 
Oriel windows or turrets to which the fore- 
going rules do not apply, shall not be erected 
without the consent of the Council after con- 
sulting the local authority : 

7. The roof, flat, or gutter of every building and every 

balcony, verandah, shop front or other similar 
projection or projecting window shall be so ar- 
ranged and constructed, and so supplied with 
gutters and pipes as to prevent the water there- 
from from dropping upon or running over any 
public way : 

8. Except in so far as is permitted by this section in 

the case of shop fronts and projecting windows, 
and with the exception of water pipes and their 
appurtenances, copings, string courses, cornices, 
fascias, window dressings, and other like archi- 
tectural decorations, no projection from any build- 
ing shall extend beyond the general line of 
buildings in any street except with the permission 
of the Council after consulting the local authority. 

Projections under this sub-section apply to those only forming 
part of the building to which they are attached. Hull v. L.C.C. 
(1901), 1 K.B. 580. 

See also L.C.C. v. Illuminated Advertisement Company, in which 
this case is quoted at end of Section 22, page 35. 

A projection formed of ironwork filled in with glass and lighted 
by lamps inside was fixed to a building. It projected 5 feet 6 inches 
in advance of the building line. Held by the magistrate that it was 
a projection within this section. The King's Bench Division upheld 
magistrate's decision. A. & F. Pears, Limited v. L.C.C. 105 L.T.R. 
525. 



70 THE LONDON BUILDING ACT, 1894, 

Separation 74 1. Every building shall be separated either by an 
ings mld external wall or by a party wall or other proper party 
structure from the adjoining building (if any), and from 
each of the adjoining buildings (if more than one). 

2. In every building exceeding ten squares in area used 
in part for purposes of trade or manufacture, and in part 
as a dwelling-house, the part used for the purposes of 
trade or manufacture shall be separated from the part used 
as a dwelling-house by walls and floors constructed of fire- 
resisting materials, and all passages, staircases, and other 
means of approach to the part used as a dwelling-house 
shall be constructed throughout of fire-resisting materials. 
The part used for purposes of trade or manufacture shall 
(if extending to more than two hundred and fifty thousand 
cubic feet) be subject to the provisions of this Act relating 
to the cubical extent of buildings of the warehouse class : 
Provided that there may be constructed in the walls of 
such staircases and passages, such doorways as are neces- 
sary for communicating between the different parts of the 
building, and there may be formed in any walls of such 
building openings fitted with fire-resisting doors. 

Dicksee v. Hoskings (1901), 85 T.L.R. 205. The district surveyor 
gave notice of objection to a proposed new building intended to be 
used as a beerhouse. The builder appealed against the notice, and 
the magistrate found as a fact that " the basement and ground floor 
of the said building was intended to be used for the purpose of the 
trade of a beerhouse, and that the part above the ground floor was 
intended to be used as a dwelling-house for the licensed occupier". 
He held, however, that the case was governed by Carritt v. Godson 
(80 T.L.R. 771), and overruled the objection of the district sur- 
veyor. This decision was upheld in the K.B. Division. The Court 
of Appeal, however, reversed the decision of the Courts below, and 
held that the finding of fact, which could not be reversed, was con- 
clusive that the building came within the provision of this section. 

The First Schedule of the London Building Acts (Amendment) 
Act, 1905, sets out fire-resisting materials, pages 207-209. 

For construction of staircases and corridors, see Section 78, p. 71. 

A public-house is not a building used in part for trade and in part 
as a dwelling-house. Carritt v. Godson (1899), 2 Q.B. 193. 

3. In every building exceeding twenty-five squares in 
area, containing separate sets of chambers or offices, or 
rooms tenanted or constructed or adapted to be tenanted 
by different persons, the floors and principal staircases 
shall be of fire-resisting materials : 



CONSTRUCTION OF PUBLIC BUILDINGS. 71 

But this provision shall not entitle the district surveyor Sec. 74. 
to charge for the inspection of each set of chambers as a 
separate building. 

Sections 75, 76, and 77 are repealed by the London 
County Council (General Powers) Act, 1908, Part III., 
relating to buildings, and new provisions are enacted in 
Sections 15 to 22, pages 192-198. 

78 Notwithstanding anything in this Act, every public construc- 
building, including the walls, roofs, floors, galleries, and Jjifuc 
staircases, and every structure and work constructed or buildings, 
done in connection with or for the purposes of the same, 
shall be constructed in such manner as may be approved 
by the district surveyor, or in the event of such disagree- 
ment may be determined by the tribunal of appeal, and 
save so far as respects the rules of construction every 
public building shall throughout this Act be deemed to be 
included in the term building, and be subject to all the 
provisions of this Act in the same manner as if it were a 
building erected for a purpose other than a public purpose. 

No public building shall be used as such until the dis- 
trict surveyor or the tribunal of appeal shall have declared 
his or their approval of the construction thereof. 

After the district surveyor shall have so declared his 
approval, or shall certify that it has been constructed as 
directed by the tribunal of appeal, any work affecting or 
likely to affect the building shall not be done to, in, or on 
the building without the approval of the district surveyor 
or such certificate as aforesaid. 

For definition of public building, see Section 5 (27), page 16. 

The thickness of walls of public buildings are not specified in the 
London Building Act, but have to be approved by the district 
surveyor. 

For the construction of staircases of public buildings, see Sec- 
tions 68 and 80, pages 207-209. 

Temporary wooden seating inside a building is not under the 
supervision of the district surveyor. Venner v. M'Donell (1897), 
66 L.J. (Q.B.) 273. 

A removable wooden floor covering a public swimming bath was 
held not to affect the swimming bath, and not to be supervised by 
district surveyor on refixing. Handover v. Meeson (1903), 67 J.P. 
313. 

79 Where it is proposed to convert or alter any build 



72 THE LONDON BUILDING ACT, 1894, 

Sec. 79- ing erected for a purpose other than a public purpose into 
Conver- a public building, such conversion or alteration shall be 
sion of carried into effect, and the public building thereby formed, 

houses, &c. ,. , n . ,, ., e a n n j. 

into public including the walls, roofs, floors, galleries, and staircases 
buildings, ^hereof shall be constructed in such manner as may be 
approved by the district surveyor, or in the event of dis- 
agreement may be determined by the tribunal of appeal, 
and the provisions of this Act shall apply to such alteration 
or conversion as though it were the construction of a public 
building. 

staircases QQ The following rules shall be observed with respect 

and hul es to new churches, chapels, meeting-houses, public halls, 

chapels, public lecture-rooms, public exhibition-rooms and public 

places of assembly, or additions or alterations by which 

increased accommodation is to be provided to existing 

churches, chapels, and meeting-houses, public halls, public 

lecture-rooms, public exhibition-rooms, or public places of 

assembly : 

(a) Every staircase for the use of the public shall be 
supported and enclosed by brick walls not less 
than nine inches thick. The treads of each flight 
of stairs shall be of uniform width : 

(6) No staircase, internal corridor, or passage-way for 
the use of the public shall be less than four feet 
six Cinches wide. Provided that where not more 
than two hundred persons are to be accommodated 
in such church, chapel, meeting-house, hall, lecture- 
room, exhibition-room, or place of assembly, such 
staircase, internal corridor, or passage-way may be 
of the width of three feet six inches : 

(c) Every staircase, corridor, or passage-way for the use 
of the public, and which communicates with any 
portion of the building intended for the accom- 
modation of a larger number of the public than 
four hundred, shall be increased in width by six 
inches for every additional one hundred persons, 
until a maximum width of nine feet be obtained. 
Provided always that in every case where the stair- 
cases are six feet wide and upwards, they shall 
be divided by a hand-rail. Provided also that in 



CONSTRUCTION OF PUBLIC BUILDINGS. 73 

lieu of a single staircase, corridor, or passage-way Sec. 80. 
of the width in this sub- section prescribed, it shall 
be lawful to substitute two staircases, corridors, or 
passage-ways, each being of a width at least equal 
to two-thirds of the width in this sub-section pre- 
scribed for the single staircase, corridor, or passage- 
way, but so that neither of such two substituted 
corridors, staircases, or passage-ways shall be less 
than three feet six inches wide : 

(d) In all cases where a portion of the public is to be 

accommodated over or at a higher level than others 
of the public, a separate means of exit of the width 
above prescribed for staircases, internal corridors, 
or passage-ways, and communicating directly with 
the street or open space, shall be provided from 
each floor or level : 

(e) All doors and barriers shall be made to open out- 

wards, and no outside locks or bolts are to be 
affixed thereto. 

See Sections 68 and 78, pages 63 and 71, for construction of 
buildings mentioned in this section. 

81 Where a building erected after the commencement Appiica- 
of this Act under, or in, or by enclosure of a railway arch tobuUd- 
or abutting thereon, is constructed or adapted to be used jfiway d 
for human habitation, this Act shall apply to the building arches, 
and to every work done to, in, or on the same in like 
manner, and to the like extent as far as may be, as if the 
building were built in any other position. 



PART VII. 

SPECIAL AND TEMPORARY BUILDINGS AND 
WOODEN STRUCTURES. 

Certain buildings and works are exempt from this part of the 
Act. See Sections 201-206, pages 140-145. 

82 1. Where a builder is desirous of erecting an iron 
building or structure, or any other building or structure 
to which the general provisions of Part VI. of this Act 



74 TfiE LONDON BUILDING ACT, 1834. 

Sec. 82. are inapplicable, or in the opinion of the Council inappro- 
Appiica- priate, having regard to the special purpose for which the 
council for building or structure is designed and actually used, he 
buildings shall make an application to the Council, accompanied by 
ruiIaoTAct a plan of the proposed building, with such particulars as 
a ifcabie ^ ^ e cons * ruc ^ on thereof as may be required by the 
Council. 

2. The Council, if satisfied with such plan and particu- 
lars, shall signify their approval of the same in writing, 
and thereupon the building may be constructed according 
to such plan and particulars, but the Council shall not 
authorise any building of the warehouse class to be erected 
of greater cubical extent than two hundred and fifty 
thousand cubic feet except in accordance with the foregoing 
provisions of this Act. 

3. The Council may, for the purpose of regulating the 
procedure in relation to such applications, issue such 
general rules as they think fit as to the time and manner 
of making applications, and as to the plans to be presented, 
the expenses to be incurred, and any other matter or thing 
connected therewith. 

4. All expenses incurred in and about the obtaining the 
approval of the Council shall be paid by the builder to 
the superintending architect, or to such other person as 
the Council may appoint, and in default of payment may 
be recovered in a summary manner. 

5. A copy of any plans and particulars approved by the 
Council shall be furnished to the district surveyor within 
whose district the building to which such plans and par- 
ticulars relate is situate, and it shall be his duty to ascer- 
tain that the same is built in accordance with the said 
plans and particulars. 

Control by Q3 Where an application is made to the Council by 
f any person stating his desire to erect in any place an iron 



or ot h er building, or structure of a temporary character, 
to which the general provisions of Part VI. of this Act 
are inapplicable, the Council may, if they approve of the 
plan and particulars of the building or structure, limit the 
period during which it shall be allowed to remain in that 
place, and may make their approval subject to such con- 
ditions as to the removal of the building or structure, 



CONTROL OF TfcMPOlURY BUILDINGS. 75 

or otherwise as they think fit ; and if at the expiration Sec. 83- 
of that period, the building or structure be not removed 
in accordance with those conditions, the Council may 
serve a notice on the occupier or owner of such building 
or structure, requiring him to remove it within a reason- 
able time specified in the notice, and if the occupier or 
owner fail to remove such building or structure within 
the time named, the Council may, notwithstanding the 
imposition and recovery of any penalty, cause complaint 
thereof to be made before a petty sessional court, who 
shall thereupon issue a summons requiring such occupier 
or owner to appear to answer such complaint, and if the 
said complaint is proved to the satisfaction of the court, 
the court may make an order in writing authorising the 
Council to enter upon the land upon which such building 
is situated, and to remove or take down the same and do 
whatever may be necessary for such purposes, and also to 
remove the materials of which the same is composed to a 
convenient place, and (unless the expenses of the Council 
be paid to them within fourteen days after such removal) 
sell the same as they think proper. 

84 1. No person shall set up in any place any wooden wooden 
structure (unless it be exempt from the operation of this J^fo'be 8 
Part of this Act) except hoardings enclosing vacant land er . e ^ t 
and not exceeding in any part twelve feet in height without Sense of 
having first obtained for that purpose a license from the council. 
Council, and the license may contain such conditions with 
respect to the structure and the time for which it is to be 
permitted to continue in the said place as the Council 
think expedient. 

In City of Westminster v. L.C.C. (1902), 71 L.J. (K.B.) 244, it 
was held that a wooden stand, built for persons to view a procession, 
was a wooden structure, and that the licensing of such structures 
was transferred from L.C.C. to the Borough Councils by Section 5 
(1), London Government Act, 1899. 

In Westminster v. Watson and others (1902), 2 K.B. 717 ; 87 L.T. 
326, held that district surveyors have the supervision of temporary 
structures, but licenses are to be granted by the Borough Councils. 

[NOTE. The power under this section is now transferred to the 
Borough Councils from the London County Council, by London 
Government Act, 1899, Second Schedule, Part I.] 

The First Schedule of the London Building Act, 1894 (page 149), 
Section 1, allows certain exemptions as to construction of open 
sheds. 



76 THE LONDON BUlLDfNG ACT, 1894. 

Sec. 84- 2. Provided that a license shall not be required in the 
case of any wooden structure of a movable or temporary 
character erected by a builder for his use during the con- 
struction, alteration, or repair of any building, unless the 
same is not taken down or removed immediately after such 
construction, alteration, or repair. 

Provided that this section shall not extend to or apply 
within the City, or to any hoarding duly licensed by the 
local authority under any statutory powers in that behalf. 

piles of 85 This part of this Act shall not apply in the case of 
timber not a P^ e > stack, or store of timber not being a structure affixed 
regarded as or fastened to the ground. 

structures. 

See Section 197, pages 133 and 134. 

AS to 86 Structures or erections erected or set up upon the 

of r r U a C iiwa e y s premises of any railway company, and used for the pur- 
companies, poses of or in connection with the traffic of such railway 

company, shall be exempt from the operation of this Part 

of this Act. 

Railway arches used as stables are exempt. North Kent Railway 
v. Badger (1858), 27 L.J. (M.C.) 106. 

Wooden structure erected by coal merchant for work connected 
with delivery by company to coal merchant and by him to customers 
is exempt. Elliott v. L.C.C. (1899), 2 Q.B. 277 ; 81 L.T. 155. 

See Section 201 (8), pages 141 and 142. 



PAKT VIII. 

EIGHTS OF BUILDING AND ADJOINING 
OWNERS. 

For definitions, see Section 5, Sub-sections (31) and (32). 

Eights of 87 Where lands of different owners adjoin and are 
owners of unbuilt on at the line of junction, and either owner is 
h?nds mn ' about to build on any part of the line of junction, the 
erectkm n of followin g provisions shall have effect : 
wails on 1. If the building owner desire to build a party wall 
junction. on the line of junction he may serve notice thereof 

on the adjoining owner, describing the intended 

wall: 



BUILDING AND ADJOINING OWNERS. 77 

2. If the adjoining owner consent to the building of a Sec. 87. 

party wall, the wall shall be built half on the land 
of each of the two owners, or in such other position 
as may be agreed between the two owners : 

3. The expense of the building of the party wall shall 

be from time to time defrayed by the two owners 
in due proportion, regard being had to the use 
made and which may be made of the wall by the 
two owners respectively : 

See Section 95 (2), page 89. 

4. If the adjoining owner do not consent to the building 

of a party wall, the building owner shall not build 
the wall otherwise than as an external wall placed 
wholly on his own land : 

5. If the building owner do not desire to build a party 

wall on the line of junction, but desires to build an 
external wall placed wholly on his own land, he 
may serve notice thereof on the adjoining owner 
describing the intended wall : 

6. Where in either of the cases aforesaid the building 

owner proceeds to build an external wall on his own 

land, he shall have a right at his own expense, at 

any time after the expiration of one month from 

the service of the notice, to place on the land of the 

adjoining owner, below the level of the lowest floor, 

the projecting footings of the external wall, with 

concrete or other solid sub- structure thereunder, 

making compensation to the adjoining owner or 

occupier for any damage occasioned thereby, the 

amount of such compensation, if any difference 

arise, to be determined in the manner in which 

differences between building owners and adjoining 

owners are hereinafter directed to be determined. 

Where an external wall is built against another external 

wall or against a party wall, it shall be lawful for the 

district surveyor to allow the footing of the side next such 

other external or party wall to be omitted. 

See note at end of Section 5, Sub-section 29, page 17. (Orf v. 
Payton (1904), 3 L.G.R. 126; 69 J.P. 103.) 

See also note at end of Section 90, Sub-section 1, page 81. 
(List v. Sharp (1897), 76 L.J. 45 ; 66 L.J. (Gh.) 175.) 



78 THE LONDON BUILDING ACT, 1894. 

The Railway Company under Section 45 of the Railway Clauses 
Act, 1845, demolished a house without giving the adjoining owner 
the required notice. The Company's statutory enactments authorise 
them to pull down, but mentioned nothing as regards party struc- 
tures. The Company must be treated under the London Building 
Act as an ordinary owner desirous of doing work affecting a party 
wall under Section 5, Sub-section (31), and they must give the required 
notice. 

Lewis & Salome v. The Charing Cross, Euston, and Hampstead 
Railway Company (C.D.), Builder, Feb. 17th, 1906. 

88 The building owner shall have the following rights 
in relation to party structures (that is to say) : 

1. A right to make good, underpin, or repair any party 

structure which is defective or out of repair : 

2. A right to pull down and rebuild any party structure 

which is so far defective or out of repair as to make 
it necessary or desirable to pull it down : 

A party wall condemned as dangerous is also dealt with in Sections 
102 to 117, pages 92-98. 

In the case of a boundary wall partly used as a party wall, it was 
decided that that part so used was a party wall, and that the defend- 
ant was entitled on giving proper notices to take down such part of 
the wall as was considered necessary for the rebuilding. Knight v. 
Pursell (1879), 11 Ch.D. 412. 

It was decided in this case that the defendant could make good, 
underpin, or repair any party structure which is defective or out of 
repair even in the case of dampness. Minturn v. Barry, Builder, 
March 31st, 1911. 

3. A right to pull down any timber or other partition 

which divides any buildings and is not conformable 
with the regulations of this Act, and to build instead 
a party wall conformable thereto : 

4. In the case of buildings having rooms or storeys, the 

property of different owners intermixed, a right to 
pull down such of the said rooms or storeys, or any 
part thereof as are not built in conformity with 
this Act, and to rebuild the same in conformity with 
this Act : 

5. In the case of buildings connected by arches or com- 

munications over public ways, or over passages 
belonging to other persons, a right to pull down 
such of the said buildings, arches, or communica- 
tions, or such parts thereof, as are not built in con- 



BUILDING AND ADJOINING OWNERS. 79 

formity with this Act, and to rebuild the same in Sec. 88- 
conformity with this Act : 

6. A right to raise and underpin any party structure 

permitted by this Act to be raised or underpinned, 
or any external wall built against such party struc- 
ture, upon condition of making good all damage 
occasioned thereby to the adjoining premises, or to 
the internal finishings and decorations thereof, and 
of carrying up to the requisite height all flues and 
chimney stacks belonging to the adjoining owner, 
on or against such party structure or external wall : 

Raising may include adding to the foundation. Standard Bank 
of South Africa v. Stokes (1878), 9 C.D. 68 ; 47 L.J. (Ch.) 554. 

Where an adjoining owner had acquired the right of support, and 
a building owner raised the party wall and damaged the adjoining 
owner's ancient lights, he has a right of action against the building 
owner. Hughes v. Percival (1883), 72 L.J. (Q.B.) 719. 

A building owner cannot rid himself of any liability to the adjoin- 
ing owner by employing a competent contractor should damage 
arise to the building of the adjoining owner. Lemaitre v. Davies 
(1881), 19 C.D. 281 ; 46 L.T. 407. 

The surveyors acting under this Section act rightly in refusing 
to give compensation for loss of trade. The Court made it clear when 
works were carried out under certain provisions of the Act com- 
pensation can be awarded for this loss, Sections 87 s.s. 6, 93 s.s. 3, 
and section 95 s.s. 2(b). Adams v. Marylebone Borough Council, 
L.R. (1907) 2 K.B. 822. 

7. A right to pull down any party structure which is 

of insufficient strength for any building intended 
to be built, and to rebuild the same of sufficient 
strength for the above purpose upon condition 
of making good all damage occasioned thereby to 
the adjoining premises or to the internal finishings 
and decorations thereof : 

8. A right to cut into any party structure upon con- 

dition of making good all damage occasioned to the 
adjoining premises by such operation : 

9. A right to cut away any footing or any chimney 

breasts, jambs, or flues projecting, or other pro- 
jections from any party wall or external walls in 
order to erect an external wall against such party 
wall, or for any other purpose, upon condition of 
making good all damage occasioned to the adjoining 
premises by such operation : 



80 THE LONDON BUILDING ACT, 1894. 

Sec 88. For fchis Purpose a certificate must be obtained from the district 
surveyor. See Section 64 (19), page 60. 

10. A right to cut away or take down such parts of any 

wall or building of an adjoining owner as may be 
necessary in consequence of such wall or building 
overhanging the ground of the building owner, in 
order to erect an upright wall against the same, 
on condition of making good any damage sustained 
by the wall or building by reason of such cutting 
away or taking down : 

11. A right to perform any other necessary works in- 

cident to the connection of a party structure with 
the premises adjoining thereto. But the above 
rights shall be subject to this qualification, that any 
building which has been erected previously to the 
date of the commencement of this Act shall be 
deemed to be conformable with the provisions of 
this Act if it be conformable with the provisions 
of the Acts of Parliament regulating buildings in 
London before the commencement of this Act : 

12. A right to raise a party fence wall, or to pull the 

same down and rebuild it as a party wall. 

Rights of 89 1. Where a building owner proposes to exercise any 
owui?? ng of the forgoing rights with respect to party structures, 
the adjoining owner may by notice require the building 
owner to build on any such party structure such chimney 
copings, jambs, or breasts, or flues, or such piers or re- 
cesses, or any other like works as may fairly be required 
for the convenience of such adjoining owner, and may be 
specified in the notice, and it shall be the duty of the 
building owner to comply with such requisition in all cases 
where the execution of the required works will not be in- 
jurious to the building owner, or cause to him unnecessary 
inconvenience or unnecessary delay in the exercise of his 
right. 

2. Any difference that arises between a building owner 
and adjoining owner in respect of the execution of any 
such works shall be determined in manner in which 
differences between building owners and adjoining owners 
are hereinafter directed to be determined. 



BUILDING AND ADJOINING OWNERS. 81 

90 1. A building owner shall not, except with the Rules as to 
consent in writing of the adjoining owner and of the J 6 hts 8 by f 
adjoining occupiers, or in cases where any wall or party building 
structure is dangerous (in which cases the provisions of i 
Part IX. of this Act shall apply), exercise any of his rights 
under this Act in respect of any party fence wall, unless 
at least one month, or exercise any of his rights under this 
Act in relation to any party wall or party structure other 
than a party fence wall, unless at least two months before 
doing so he has served on the adjoining owner a party 
wall or party structure notice, stating the nature and par- 
ticulars of the proposed work, and the time at which the 
work is proposed to be commenced. 

The notice should be so clear and intelligible that the adjoining 
owner may be able to judge whether he ought to give a counter 
notice under Section 90. Hobbs, Hart & Co. v. Grover (1899), 1 
Ch. 11 ; 79 L.T. 454. 

A party wall notice was served, and it was discovered that the 
wall was not a party wall, but the defendants refused to withdraw 
the notice, but said that they did not intend to proceed under the 
notice. Held that the plaintiffs were justified in filing a bill to 
restrain the defendants acting on the notice served. Sims v. The 
Estates Co. Ltd. (1866), 14 L. J. 55 ; 14 W.R. 19 

No notice is necessary to an adjoining owner by another person 
who pulls down, unless the part pulled down supports the party 
structure. Major v. Park Lane Company (1866), L.R. (2 Eq.) 453; 
14 L.T. 543. 

A tenant occupying a house for a period longer than one year was 
held entitled to a party wall notice as being an adjoining owner 
under Sections 82 and 85 of the Metropolitan Building Act, 1855, 
and the building owner was restrained from proceeding. Filling- 
ham v. Wood (1891), 1 Ch. 51 ; 64 L.T. 46; 39 W.R. 282. 

A person had entered upon land and erected buildings under ar 
agreement which only gave him the right to enter for the purpose 
of carrying out the covenants of such agreement on which his lease 
depended. Held that he was an owner and entitled to a party wall 
notice. List v. Sharp (1897), 1 Ch. 260; 76 L.T. 45. See page 77. 

See the case of Orf v. Payton, pages 17 and 77. 

All persons coming within the definition of " owner " in Section 78, 
Sub-section 29 must be served with notices except that one notice 
to tenants in common or joint tenants is sufficient. Crosby v. Al- 
hambra Co. Ltd. L.R. (1907), Ch.D. 295. 

2. When a building owner in the exercise of any of his 
rights under this Part of the Act lays open any part of the 
adjoining land or building, he shall at his own expense 
make and maintain for a proper time a proper hoarding 

6 



82 THE LONDON BUILDING ACT, 1894. 

Sec. 90- and shoring or temporary construction for protection of 
the adjoining land or building and the security of the 
adjoining occupier. 

The owner of two adjoining houses lets one on a yearly tenancy 
and enters upon the premises to do repairs to the party wall. Held 
that as the defendant was himself adjoining owner he was justified 
in the course he took. Wheeler v. Gray (1859), 6 C.B.N.S. 584 ; 
25 J.P. 453. 

3. A building owner shall not exercise any right by this 
Act given to him in such manner or at such time as to 
cause unnecessary inconvenience to the adjoining owner 
or to the adjoining occupier. 

Builder caused damage to the adjoining owner's premises from 
works carried out to the party wall. Held that builder was liable 
for loss arising through his negligence. White v. Peto Bros. (1888), 
58 L.T. 710. 

A building owner does not rid himself of responsibility to the 
adjoining owner by employing a competent contractor, but is liable 
for negligence on the contractor's part. Joliffe v. Woodhouse (1894), 
38 S.J. 378. 

Damage, otherwise than through negligence, to adjoining owner's 
premises not recoverable. Bryer v. Willis (1870), 23 L.T. 463. 

4. A party wall or structure notice shall not be avail- 
able for the exercise of any right unless the work to which 
the notice relates is begun within six months after the 
service thereof and is prosecuted with due diligence. 

Where a difference has arisen between the building owner and 
the adjoining owner, the six months' limit will not apply if it is being 
settled by arbitration under section 91. Leadbetter v. Marylebone 
Borough Council (No. 2) (1905), K.B. 661 ; 92 L.T. 819. 

5. Within one month after receipt of such notice the 
adjoining owner may serve on the building owner a notice 
requiring him to build on any such party structure any 
works to the construction of which he is hereinbefore 
declared to be entitled. 

6. The last mentioned notice shall specify the works 
required by the adjoining owner for his convenience, and 
shall, if necessary, be accompanied by explanatory plans 
and drawings. 

7. If either owner do not within fourteen days after the 
service on him of any notice express his consent thereto, 
he shall be considered as having dissented therefrom, and 



BUILDING AND ADJOINING OWNERS. 83 

thereupon a difference shall be deemed to have arisen Sec. 90. 
between the building owner and the adjoining owner. 

91 1. In all cases not specially provided for by this Settlement 
Act where a difference arises between a building owner ence^e- 
and adjoining owner in respect of any matter arising with tween 
reference to any work to which any notice given under and adjoin- 
this Part of this Act relates, unless both parties concur in ing owners, 
the appointment of one surveyor they shall each appoint 
a surveyor, and the two surveyors so appointed shall select 
a third surveyor, and such one surveyor or three surveyors 
or any two of them shall settle any matter from time to 
time during the continuance of any work to which the 
notice relates in dispute between such building and ad- 
joining owner, with power by his or their award to deter- 
mine the right to do and the time and manner of doing 
any work, and generally any other matter arising out of 
or incidental to such difference, but any time so appointed 
for doing any work shall not, unless otherwise agreed, 
commence until after the expiration of the period by this 
Part of this Act prescribed for the notice in the particular 
case. 

Surveyors appointed have no power to deal with the damage to 
the rights of light to an adjoining owner's premises. Crofts v. Hal- 
dane (1867), L.R. (2 Q.B.) 194. See Section 101, page 92. 

Surveyors cannot insert in a party wall award a provision that 
one of the parties can raise the party wall when he desires. Lead- 
better v. Marylebone Borough Council (1904), No. 1, 2 K.B. 893; 91 
L.T. 639. 

A tenant cannot be awarded money consideration from the ad- 
joining owners. Stone v. Hastie (1903), 2 K.B. 463 ; 89 L.T. 353. 

The plaintiff was the occupier of a restaurant which adjoined 
premises which the defendants were in course of erecting and it was 
necessary that the party wall should be raised. In carrying out 
this work injury was caused to the plaintiff in her business, the 
damage alleged being the loss of lodgers through being unable to 
light a fire, the chimney being affected. The matter went before 
two arbitrators under the provisions of the Act, and they refused to 
consider these damages, their contention being they had no power 
to deal with damages of a consequential nature. From this decision 
the plaintiff appealed. Held what the arbitrators had done was 
correct, and if they had done what the plaintiff desired they would 
have gone beyond their jurisdiction. Appeal dismissed with costs. 
Adams v. The Mayor, &c., of St. Marylebone, Divisional Court, 
King's Bench, before Justices Ridley and Darling, Builder, Aug. 
18th, 1906. 



84 THE LONDON BUILDING ACT, 1894. 

2. Any award given by such one surveyor or by such 
three surveyors, or by any two of them shall be conclusive, 
and shall not be questioned in any court with this excep- 
tion, that either of the parties to the difference may appeal 
therefrom to the county court within fourteen days from the 
date of delivery of the award, and the county court may, 
subject as hereafter in this section mentioned, rescind the 
award or modify it in such manner as it thinks just. 

County Courts Act, 1888, 51-52 Viet. C. 43, Sec. 74. 

3. If either party to the difference make default in ap- 
pointing a surveyor for ten days after notice has been 
served on him by the other party to make such appoint- 
ment, the party giving the notice may make the appoint- 
ment in the place of the party so making default. 

4. The costs incurred in making or obtaining the award 
shall be paid by such party as the surveyor or surveyors 
determine. 

5. If the appellant from any such award on appearing 
before the county court declare his unwillingness to have 
the matter decided by that court, and prove to the satis- 
faction of the judge of that court that in the event of the 
matter being decided against him he will be liable to pay 
a sum exclusive of costs exceeding fifty pounds, and gives 
security to be approved by the judge duly to prosecute his 
appeal and to abide the event thereof, all proceedings in 
the county court shall thereupon be stayed, and the appel- 
lant may bring an action in the High Court against the 
other party to the difference. 

6. The plaintiff in such action shall deliver to the de- 
fendants an issue whereby the matters in difference between 
them may be tried, and the form of such issue in case of 
dispute or in case of the non-appearance of the defendant 
shall be settled by the High Court, and such action shall 
be prosecuted and issue tried in the same manner and sub- 
ject to the same incidents in and subject to which actions 
are prosecuted and issues tried in other cases within the 
jurisdiction of the High Court, or as near thereto as cir- 
cumstances admit. 

7. If the parties to any such action agree as to the facts, 
a special case may be stated for the opinion of the High 
Court, and any case so stated may be brought before the 



BUILDING AND ADJOINING OWNERS. 85 

court in like manner and subject to the same incidents in Sec. 91. 
and subject to which other special cases are brought before 
such court, or as near thereto as circumstances admit, and 
any costs that may have been incurred in the county court 
by the parties to such action as is mentioned in this section 
shall be deemed to be costs incurred in such action, and be 
payable accordingly. 

8. Where both parties to the difference have concurred 
in the appointment of one surveyor for the settlement of 
such difference, then if such surveyor refuse or for seven 
days neglect to act, or die, or become incapable to act be- 
fore he has made his award, the matters in dispute shall 
be determined in the same manner as if such single sur- 
veyor had not been appointed. 

9. Where each party to the difference has appointed a 
surveyor for the settlement of the difference, and a third 
surveyor has been selected, then if such third surveyor 
refuse, or for seven days neglect to act, or before such 
difference is settled die, or become incapable to act, the two 
surveyors shall forthwith select another third surveyor in 
his place, and every third surveyor so selected as last 
aforesaid, shall have the same powers and authorities as 
were vested in his predecessor. 

10. Where each party to the difference has appointed a 
surveyor for the settlement of the difference, then if the 
two surveyors so appointed refuse or for seven days after 
request of either party neglect to select a third surveyor, 
or another third surveyor in the event of the refusal or 
neglect to act, death, or incapacity of the third surveyor, 
for the time being, a Secretary of State may on the appli- 
cation of either party select some fit person to act as 
third surveyor, and every surveyor so selected shall have 
the same powers and authorities as if he had been selected 
by the two surveyors appointed by the parties. 

11. Where each party to the difference has appointed a 
surveyor for the settlement of the difference, then if before 
such difference is settled either surveyor so appointed die 
or become incapable to act, the party by whom such sur- 
veyor was appointed may appoint in writing some other 
surveyor 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 fail to do so the other surveyor may 



86 



THE LONDON BUILDING ACT, 1894. 



Sec. 91. proceed ex parte, and the decision of such other surveyor 
shall be as effectual as if he had been a single surveyor in 
whose appointment both parties had concurred, and every 
surveyor so to be substituted as aforesaid shall have the 
same powers and authorities as were vested in the former 
surveyor at the time of his death or disability as aforesaid. 
12. Where each party to the difference has appointed a 
surveyor for the settlement of the difference, then if either 
of the surveyors refuse or for seven days neglect to act, the 
other surveyor may proceed ex parte, and the decision of 
such other surveyor shall be as effectual as if he had been 
a single surveyor in whose appointment both parties had 
concurred. 

92 A building owner, his servants, agents, and work- 
men at all usual times of working may enter and remain 
on any premises for the purpose of executing, and may 
execute, any work which he has become entitled or is 
required in pursuance of this Act to execute, removing any 
furniture or doing any other thing which may be necessary, 
and if the premises are closed he and they may, accom- 
panied by a constable or other officer of the peace, break 
open any fences or doors in order to effect such entry : 

Provided that before entering on any premises for the 
purposes of this section the building owner shall, except 
in the case of emergency, give fourteen days' notice of his 
intention so to do to the owner and occupier, and in case 
of emergency shall give such notice as may be reasonably 
practicable. 

For penalty as to hindering building owner, see Section 200 (4), 
page 137. 

93 Where a building owner intends to erect within 
ten feet of a building belonging to an adjoining owner a 
building or structure, any part of which within such ten 
feet extends to a lower level than the foundations of the 
building belonging to the adjoining owner, he may, and if 
required by the adjoining owner, shall (subject as here ; n- 
after provided) underpin or otherwise strengthen the foun- 
dations 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 



BUILDING AND ADJOINING OWNERS. 87 

by the building owner to the adjoining owner, Sec. 93. 
stating his intention to build and whether he pro- 
poses 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 counter- 
notice in writing that he disputes the necessity of, 
or require such underpinning or strengthening, 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. 

94 An adjoining owner may if he think fit by notice security to 
in writing require the building owner (before commencing building by 
any work which he may be authorised by this Part of this jJJJJfJ-J; g d 
Act to execute) to give such security as may be agreed upon owner. 
or in case of difference may be settled by the judge of the 
county court for the payment of all such expenses, costs, 
and compensation in respect of the work as may be payable 
by the building owner. 

The building owner may if he think fit, 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 compensation for which he is or will be liable as may 
be agreed upon or in case of difference may be settled as 
aforesaid. 

If the adjoining owner do not within one month after 
service of that counter-requisition give security accordingly, 



88 THE LONDON BUILDING ACT, 1894. 

Sec. 94. he shall at the end of that month be deemed to have ceased 
to be entitled to compliance with his party wall or party 
structure requisition, and the building owner may proceed 
as if no party wall or party structure requisition had been 
served on him by the adjoining owner. 

Rules as to 95 1. As to expenses to be borne jointly by the building 

respecTof n owner an< ^ adjoining owner : 

party (a) If any party structure be defective or out of 

repair, the expense of making good, underpinn- 
ing or repairing the same shall be borne by the 
building owner and adjoining owner in due pro- 
portion, regard being had to the use that each 
owner makes or may make of the structure ; 

(b) If any party structure be pulled down and re- 

built by reason of its being so far defective or 
out of repair as to make it necessary or desirable 
to pull it down, the expense of such pulling 
down and rebuilding shall be borne by the 
building owner and adjoining owner in due 
proportion, regard being had to the use that each 
owner may make of the structure ; 

See note at end of Section 90, Sub-section 3, page 82. 

(c) If any timber or other partition dividing a build- 

ing be pulled down in exercise of the right by 
this Part of this Act vested in a building owner, 
and a party structure be built instead thereof, 
the expense of building such party structure, 
and also of building any additional party struc- 
tures that may be required by reason of the 
partition having been pulled down, shall be 
borne by the building owner and adjoining 
owner in due proportion, regard being had to 
the use that each owner may make of the party 
structure and to the thickness required for sup- 
port of the respective buildings parted thereby ; 

(d) If any rooms or storeys or any parts thereof, 

the property of different owners and intermixed 
in any building, be pulled down in pursuance 
of the right by this Part of this Act vested in a 
building owner, and be rebuilt in conformity 



BUILDING AND ADJOINING OWNERS. 89 

with this Act, the expense of such pulling down Sec. 96. 
and rebuilding shall be borne by the building 
owner and adjoining owner in due proportion, 
regard being had to the use that each owner 
may make of such rooms or storeys ; 
(e) If any arches or communications over public 
ways, or over passages belonging to other 
persons than the owners of the buildings con- 
nected by such arches or communications or 
any parts thereof, be pulled down in pursuance 
of the right by this Part of this Act vested in a 
building owner, and be rebuilt in conformity 
with this Act, expense of such pulling down 
and rebuilding shall be borne by the building 
owner and adjoining owner in due proportion, 
regard being had to the use that each owner 
may make of such arches or communications. 
2. As to expenses to be borne by the building owner : 

(a) If any party structure or any external wall 

built against another external wall be raised 
or underpinned, in pursuance of the power by 
this Part of this Act vested in a building 
owner, the expense of raising or underpinning 
the same, and of making good all damage oc- 
casioned thereby, and of carrying up to the 
requisite height all such flues and chimney- 
stacks belonging to the adjoining owner on or 
against any such party structure or external 
wall as are by this Part of this Act required to 
be made good and carried up, shall be borne 
by the building owner ; 

(b) If any party structure which is of proper 

materials and sound, or not so far defective or 
out of repair as to make it necessary or desirable 
to pull it down, be pulled down and rebuilt by 
the building owner, the expense of pulling down 
and rebuilding the same, and of making good 
any damage by this Part of this Act required 
to be made good, and a fair allowance in respect 
of the disturbance and inconvenience caused 
to the adjoining owner, shall be borne by the 
building owner ; 



90 THE LONDON BUILDING ACT, 1894. 

Sec. 95- (c) If any party structure be cut into by the build- 

ing owner, the expense of cutting into the same 
and of making good any damage by this Part 
of this Act required to be made good shall be 
borne by such building owner ; 

(d) If any footing, chimney-breast, jambs, or floor 

be cut away in pursuance of the powers by this 
Part of this Act vested in a building owner, the 
expense of such cutting away and of making 
good any damage by this Part of this Act re- 
quired to be made good shall be borne by the 
building owner ; 

(e) If any party fence wall be raised for a building, 

the expense of raising such wall shall be borne 
by the building owner ; 

(f) If any party fence wall be pulled down and built 

as a party wall, the expense of pulling down 
such party fence wall and building the same as 
a party wall should be borne by the building 
owner ; 

If at any time the adjoining owner make use of any party 
structure or external wall (or any part thereof), raised or 
underpinned as aforesaid, or of any party fence wall pulled 
down and built as a party wall (or any part thereof), beyond 
the use thereof made by him before the alteration, there 
shall be borne by the adjoining owner from time to time a 
due proportion of the expenses (having regard to the use 
that the adjoining owner may make thereof) : 

(i.) Of raising or underpinning such party structure 
or external wall, and of making good all such 
damage occasioned thereby to the adjoining 
owner, and of carrying up to the requisite height 
all such flues and chimney-stacks belonging to 
the adjoining owner on or against any such 
par ty. structure or external wall as are by this 
Part of this Act required to be made good and 
carried up ; 

(ii.) Of pulling down and building such party fence 
wall as a party wall. 

See note at end of Section 91, Sub-section 1, page 83. 



BUILDING AND ADJOINING OWNERS. 91 

96 Within one month after the completion of any Account of 
work which a building owner is by this Part of this Act ^ e e nses to 
authorised and required to execute, and the expense ofiiveredto 
which is in whole or in part to be borne by an adjoining owner mg 
owner, the building owner shall deliver to the adjoining 
owner an account in writing of the particulars and ex- 
pense of the work, specifying any deduction to which 
such adjoining owner or other person may be entitled in 
respect of old materials or in other respects, and every 
such work shall be estimated and valued at fair average 
rates and prices, according to the nature of the work and 
the locality and the market price of materials and labour 
at the time. 

97 At any time within one month after the delivery Adjoining 
of the said account, the adjoining owner, if dissatisfied object to ay 
therewith, may declare his dissatisfaction to the building account, 
owner by notice in writing, served by himself or his agent, 
and specifying his objection thereto, and thereupon a dif- 
ference shall be deemed to have arisen between the parties, 
and shall be determined in manner hereinbefore in this 
Part of this Act provided for the settlement of differences 
between building and adjoining owners. 

98 If within the said period of one month the adjoin- Building 
ing owner do not declare in the said manner his dissatis- ^overtf^ 
faction with the account, he shall be deemed to have no *PP eal 
accepted the same, and shall pay the same on demand to 
the party delivering the account, and if he fail to do so the 
amount so due may be recovered as a debt. 

99 Where the adjoining owner is liable to contribute structure 
to the expenses of building any party structure, then until b^SdSSf* 
such contribution is paid the building owner at whose owneruntii 
expense the same was built shall stand possessed of the tion paid", 
sole property in the structure. 

100 The adjoining owner shall be liable for all ex- Adjoining 
penses incurred on his requisition by the building owner, j^ieTto 
and in default payment of the same may be recovered expenses 
from him as a debt ^Et 

quisition. 



92 THE LONDON BUILDING ACT, 1894. 

Saving for 101 Nothing in this Act shall authorise any interfer- 
party walls ence with an easement of light or other easements in or 
&c. ' relating to a party wall, or take away, abridge, or prejudi- 

cially affect any right of any person to preserve or restore 
any light or other thing in or connected with a party wall, 
in case of the party wall being pulled down or rebuilt. 

This section was enacted to preserve the effect of the decision in 
Crofts v. Haldane (1867), L.B. 2 Q.B. 194. See page 83. 



PART IX. 

DANGEEOUS AND NEGLECTED STEUCTUEES. 
Dangerous Structures. 

Meaning of 102 In this Part of this Act the expression " struc- 
structure. ^ ure i nc j U( jes an y building, wall, or other structure, and 

anything affixed to or projecting from any building, wall, 

or other structure. 

The term "dangerous structure " applies not only to premises 
adjoining a public thoroughfare, and are dangerous to passers-by, 
but also to premises which are dangerous to the inmates. L.C.C. v. 
Herring (1894), 2 Q.B. 522. 

Survey to 1Q3 1. Where it is made known to the Council that 
dangerous* any structure is in a dangerous state, the Council shall 
structures, require a survey of such structure to be made by the dis- 
trict surveyor or by some other competent surveyor. 

In the case of the L.C.C. v. Jones, shoring up a structure certified 
by the district surveyor to be in a dangerous state does not prevent 
the structure from continuing dangerous within this section, and the 
owner is liable for proceedings to be taken against him. A structure 
may be dangerous within the meaning of this section and sections 
106 and 107, and it need not be necessary to be so to inmates and 
public. Danger of falling or injury to other houses, &c., will 
suffice. L.C.C. v. Jones, L.B. (1912), 2 K.B. 504. 

2. For the purposes of this Part of this Act the expres- 
sion " district surveyor" shall be deemed to include any 
surveyor so appointed. 

3. The district surveyor shall make known to the 
Council any information which he may receive with re- 
spect to any structure being in a dangerous state. 



DANGEROUS STRUCTURES. 93 

4, It shall be lawful for the district surveyor to enter Sec. 103. 
into any structure, or upon any land upon which any 
structure is situate, for the purpose of making a survey of 
such structure. 

104 In cases where any such structure is situate within Effect of 
the City, this Part of this Act relating to dangerous l^wfthin' 
structures shall be read as if the Commissioners of Sewers the city, 
were named therein instead of the Council, and all costs 
and expenses of, and all payments hereby directed to be 
made by or to such Commissioners, shall be made by or to 
the Chamberlain of the City out of or to the consolidated 
rate made by such Commissioners, in the same manner as 
payments are made by or to such Chamberlain in the 
ordinary course of his business. 

The Commissioners of Sewers are now replaced by the Sanitary 
Committee of the Corporation of the City of London. 

105 Upon the completion of his survey the district Surveyor 
surveyor employed shall certify to the Council his opinion certificate, 
as to the state of the structure. 

106 If the certificate is to the effect that the structure Notice to be 
is not in a dangerous state no further proceeding shall be owneVin 
had in respect thereof, but if it is to the effect that the respect of 

T , , ,i f~t , . , certificate. 

same is in a dangerous state the Council may cause the 
same to be shored up or otherwise secured, and a proper 
hoard or fence to be put up for the protection of passen- 
gers, and shall cause notice to be served on the owner or 
occupier of the structure requiring him forthwith to take 
down, secure, or repair the same as the case requires. 

See note at end of Section 102. 

The L.C.C. are not liable for any injury that any person may 
receive through the paving not having been made good when hoard- 
ing, &c., removed. Crisp v. L.C.C, (1899), 1 Q.B. 720. 

See Sections 103 and 107. 

107 1. If the owner or occupier on whom the notice Proceed- 
is served fail to comply as speedily as the nature of the enforce 
case permits with the notice, a petty sessional court, 
complaint by the Council, may order the owner to take with 
down, repair, or otherwise secure, to the satisfaction of the notice - 
district surveyor, the structure, or such part thereof as 



94 THE LONDON BUILDING ACT, 1894. 

Sec. 107. appears to the court to be in a dangerous state, within a 
time to be fixed by the order, and if the same be not taken 
down, repaired or otherwise secured within the time so 
limited, the Council may with all convenient speed cause 
all or so much of the structure as is in a dangerous con- 
dition to be taken down, repaired or otherwise secured in 
such manner as may be requisite : 

Provided that if the owner of the structure dispute the 
necessity of any of the requisitions comprised in the notice, 
he may by notice in writing to the Council, within seven 
days from the service of the notice upon himself, require 
that the subject shall be referred to arbitration. 

2. In case the owner require arbitration, he may at the 
time of giving such notice appoint an independent sur- 
veyor to report on the condition of the structure in con- 
junction with the district surveyor, within seven days of 
the receipt by the Council of the notice of appointment 
of the owner's surveyor, and all questions of fact or 
matters in dispute which cannot be agreed between the 
owner's surveyor and the district surveyor shall be re- 
ferred for final decision to a third surveyor who shall 
(before the owner's surveyor and the district surveyor 
enter upon the discussion of the question in dispute) have 
been appointed to act as arbitrator by such two surveyors, 
or, in the event of their disagreeing, by a petty sessional 
court on the application of either of them : 

Such arbitrator shall make his award within fourteen 
days. 

The meaning of this section was held to be as follows : If the 
surveyors meet and report within the seven days, or if they disagree 
and the arbitrator report within fourteen days, the matter is at an 
end. But if the owner, having given notice of arbitration, fail to 
appoint a surveyor, or if the surveyor that he has appointed fail to 
report within seven days, then the owner's counter- requisition for 
arbitration drops if no arbitrator has been appointed ; but if an 
arbitrator has been duly appointed, then, upon the surveyors dis- 
agreeing, or failing to report within the seven days, the whole 
matters in dispute go to the arbitrator to be dealt with by him, and 
if the arbitrator is unable from any cause to report within the four- 
teen days the Court has power under the Arbitration Act, 1889, to 
extend the time, or otherwise cure any defects. L.C.C. v. Bernstein 
(1897), 61 J.P. 630. 

See Sections 103 and 106, pages 92 and 93. 

3. The notice served by the Council shall be discharged, 



DANGEROUS STRUCTURES. 95 

amended, or confirmed in accordance with the decision of Sec. 107- 
the two surveyors, or the arbitrator, as the case may be. 

4. Unless the arbitrator otherwise direct, the costs of 
and incident to the determination by the two surveyors 
or the arbitrator of the question in dispute shall be borne 
and paid, in the event of such determination being adverse 
to the contention of the district surveyor, by the Council, 
or, in the event of such determination being adverse to 
the contention of the owner's surveyor, by the owner. 

See Arbitration Act, 1889 (52 & 53 Viet., c. 49). 

108 Notwithstanding any such notice requiring arbi- Court may 
tration as aforesaid, a petty sessional court on application SJSwiSi? 6 * 
by the Council may, if of opinion that the structure is in standing 

J , T ^ T.. T i , arbitra- 

such a dangerous condition as to require immediate treat- tion. 
ment, make any order which such court may think fit 
with respect to the taking down, repairing, or otherwise 
securing the structure. 

109 1. All expenses incurred by the Council in relation Expenses, 
to the obtaining of any order as to a dangerous structure, 
and carrying the same into effect under this Part of this 
Act, shall be paid by the owner of the structure, but 
without prejudice to his right to recover the same from 
any person liable to the expenses of repairs. 

2. If the owner cannot be found, or if on demand he 
refuse or neglect to pay the said expenses, the Council, 
after serving on him three months' notice of their inten- 
tion to do so, may, if in their discretion they think fit, 
sell the structure, but they shall, after deducting from the 
proceeds of the sale the amount of all expenses incurred by 
them, pay the surplus (if any) to the owner on demand. 

For expenses allowed, see Schedule III., Parts 2 and 4, pages 161, 
162, 163 and 164. See Section 173 as to payment of expenses by 
other owners, pages 126 and 127. 

See also cases Labalmondiere v. Addison (1858), 28 L. J. (M.C.) 25. 
Hunt v. Harris (1865), 12.L.T. 421; 34 J.L. (C.P.) 249. Debenham 
v. M.B.W. (1880), 6 Q.B.D. 112; 43 L.T. 596. Labalmondiere v. 
Frost (1859), 28 L.J. (M.C.) 155. Reg. v. Lee (1879), 4 Q.B.D. 75. 

110 Where under this Part of this Act any dangerous 
structure is sold for payment of expenses incurred in 



96 THE LONDON BUILDING ACT, 1894. 

Sec. 110. respect thereof by the Council, the purchaser, his agents 
Provisions an< ^ servants, may enter upon the land whereon the struc- 
respecting ture is standing for the purpose of taking down the same, 
dangerous and of removing the materials of which it is constructed. 

structures. 

For penalty, see Section 200, Sub-section 6, page 138. 

if proceeds 111 Where the proceeds of the sale of any such struc- 

land^oeft 6 to ture are insufficient to repay to the Council the amount of 

be built on the expenses incurred by them in respect of such structure, 

Sid 18 ce no part of the land whereon the structure stands or stood 

shall be built upon until after the balance due to the 

Council in respect of the structure has been paid. 

See Section 116 as to Council's expenses, page 98. 

Eecoveryof 112 If the materials are not sold by the Council, or if 

expenses. t k e p rocee d g o f the sale are insufficient to defray the said 

expenses, the Council may recover the expenses or the 

balance thereof from the owner of the building, together 

with all costs in respect thereof, in a summary manner. 

Fees to 113 1. There shall be paid to the district surveyor in 

surveyor. reg p ec t of his services under this Part of this Act in re- 
lation to any dangerous structures, the fees specified in 
Part II. of the Third Schedule to this Act. 

2. Provided that if any special service is required to be 
performed by the district surveyor under this Part of this 
Act for which no fee is specified in the said schedule, the 
Council may order such fees to be paid for that service as 
they think fit. 

3. All fees paid to any surveyor by virtue of this section 
shall be deemed to be expenses incurred by the Council in 
the matter of the dangerous structure in respect of which 
such fees are paid, and shall be recoverable by them from 
the owner accordingly. 

Held that a party wall was only one dangerous structure, although 
separating premises belonging to different owners, and only one set 
of fees recoverable. L.C.C. v. Sheinman (1905), 3 L.G.R. 977. 

Power to 114 Where a structure has been certified by a district 
mSesfrom surveyor to be dangerous to its inmates, a petty sessional 
dangerous court may, if satisfied of the correctness of the certificate, 
structure. U p On fa e application of the Council, by order direct that 



DANGEROUS STRUCTURES. 97 

any inmates of such structure be removed therefrom by Sec. 114* 
a constable or other peace officer, and if they have no 
other abode he may require that they be received into 
the workhouse for the place in which the structure is 
situate. 

See Section 105 as to District Surveyor's Certificate, page 93. 

Neglected Structures. 

115 1. Where a structure is ruinous, or so far dilapi- Removal of 
dated as thereby to have become and to be unfit for use Jjjjjp ida tea 
or occupation, or is from neglect or otherwise in a struc- neglected 
tural condition prejudical to the property in or the inhabi- 
tants of the neighbourhood, a petty sessional court, on 
complaint by the Council, may order the owner to take 
down or repair or rebuild such structure (in this Act re- 
ferred to as a neglected structure), or any part thereof, 
or to fence in the ground upon which it stands or any 
part thereof, or otherwise to put the same or any part 
thereof into a state of repair and good condition to the 
satisfaction of the Council within a reasonable time to be 
fixed by the order, and may also make an order for the 
costs incurred up to the time of the hearing. 

2. If the order is not obeyed, the Council may with all 
convenient speed enter upon the neglected structure or 
such ground as aforesaid and execute the order. 

3. Where the order directs the taking down of a neglected 
structure or any part thereof, the Council in executing the 
order may remove the materials to a convenient place, and 
(unless the expenses of the Council under this section in 
relation to such structure are paid to them within fourteen 
days after such removal) sell the same if and as they in 
their discretion think fit. 

4. All expenses incurred by the Council under this 
section in relation to a neglected structure may be de- 
ducted by the Council out of the proceeds of the sale, and 
the surplus (if any) shall be paid by the Council on demand 
to the owner of the structure, and if such neglected 
structure or some part thereof is not taken down and such 
materials are not sold by the Council, or if the proceeds of 
the sale are insufficient to defray the said expenses, the 

7 



98 THE LONDON BUILDING ACT, 1894. 

Sec. 115- Council may recover such expenses or such insufficiency 
from the owner of the structure, together with all costs in 
respect thereof, in a summary manner, but without pre- 
judice to his right to recover the same from any lessee or 
other person liable to the expenses of repairs. 

See Section 200 for various penalties incurred, pages 135-140. 



Supplemental as to Dangerous and Neglected Strictures 

Provision 116 1. Where the Council have incurred any expenses 
forcing m respect of any dangerous or neglected structure, and 
repayment have not been paid or have not recovered the same, a 
inclined by petty sessional court, on complaint by the Council, may 
Council. ma ke an order fixing the amount of such expenses and the 
costs of the proceedings before such petty sessional court, 
and directing that no part of the land upon which such 
dangerous or neglected structure stands or stood shall be 
built upon, or that no part of such dangerous or neglected 
structure if repaired or rebuilt shall be let for occupation 
until after payment to the Council of the said amount, 
and thereupon, and until payment to the Council of the 
said amount, no part of such land shall be built upon, and 
no part of such dangerous or neglected structure so re- 
paired or rebuilt shall be let for occupation. 

2. Every such order shall be made in duplicate, and one 
copy of such order shall be retained by the proper officer 
of the court, and the other copy shall be kept at the county 
hall. 

3. The Council shall keep at the county hall a register 
of all orders made under this section, and shall keep the 
same open for inspection by all persons at all reasonable 
times, and any such order not entered in such register 
within ten days after the making thereof shall cease to be 
of any force. No property shall be affected by any such 
order unless and until such order is entered in such register. 

See Sections 109-112 for method of recovering expenses, pages 95 
and 96. 
Fees on 

dangerou, U7_The fees specified in Part IV. of the Third Schedule 
structures to ^ s Act as payable to the Council shall be payable to 
fro Qounoii, and may be recovered in a summary way by the Council. 



DANGEROUS AND NOXIOUS BUSINESSES. 99 

PART X. 
DANGEROUS AND NOXIOUS BUSINESSES. 

(For penalties under this part, see Section 200, Sub-sections 7 
and 8, page 138). 

118 1. No person shall erect any building nearer thanReguia- 
fifty feet to a building used for any dangerous business to SuSdinS 
which this section applies. dangerous 

2. Provided that where a building erected before the business! 8 
ninth day of August, one thousand eight hundred and 
forty-four, within fifty feet from any building for the time 

being used for any such dangerous business, is pulled 
down, burnt, or destroyed by tempest, such building may 
be rebuilt. 

3. No person shall establish or carry on a dangerous 
business to which this section applies in any building or 
vault, or in the open air, at a less distance than forty feet 
from any public way, or than fifty feet from any other 
building or any vacant ground belonging to any person 
other than his landlord. 

4. The following businesses shall be deemed to be dan- 
gerous businesses within the meaning of this section (that 
is to say) : The business of the manufacture of matches, 
ignitible by friction or otherwise, or of other substances 
liable to sudden explosion, inflammation, or ignition, or of 
turpentine, naphtha, varnish, tar, resin, or Brunswick black, 
and any other manufacture dangerous on account of the 
liability of the materials or substances employed therein 
to cause sudden fire or explosion. 

119 1. No person shall erect any dwelling-house nearer Reguia- 
than fifty feet to a building used for any noxious business ^Siding 
to which this section applies. Sbnoxiou 

2. Provided that where a dwelling-house erected before business" 8 
the ninth day of August, one thousand eight hundred and 
forty-four, within fifty feet from any building for the 

time being used for any such noxious business, is pulled 
down, burnt, or destroyed by tempest, such dwelling-house 
may be rebuilt. 

3. Subject to the provisions of the next following section, 
no person shall establish or carry on a noxious business to 



100 THE LONDON BUILDING ACT, 1894. 

Sec. 119. which this section applies in any building or vault, or in 
the open air, at a less distance than forty feet from any 
public way or than fifty feet from any dwelling-house. 

4. The following businesses shall be deemed to be 
noxious businesses within the meaning of this section 
(that is to say) : The business of a blood-boiler or bone- 
boiler, and any other like business which is offensive or 
noxious, but nothing in this section shall apply to any of 
the following businesses, namely, the businesses of a soap- 
boiler, tallow-melter, knacker, fellmonger, tripe-boiler, and 
slaughterer of cattle and horses. 

The Public Health (London) Act, 1891, Section 19, defines these 
offensive trades. 

Provisions 120 The following provisions shall apply to any noxious 
certain old business existing before the ninth day of August, one 
noxious thousand eight hundred and forty-four : 

1. If any party charged with carrying on such business 
show that in carrying on such business all the 
means known to be available for mitigating the 
effect of such business have been adopted, then it 
shall be lawful for the petty sessional court to remit 
or mitigate the penalty. Provided further, that if 
it shall appear to the said court or to the court of 
quarter sessions, whether on appeal or on trial by 
jury as hereinafter provided, that the person carry- 
ing on any such business shall have made due en- 
deavours to carry on the same with a view to miti- 
gate so far as possible the effects of such business, 
then, although he have not adopted all or the best 
means available for the purpose, yet it shall be 
lawful for the court to suspend the execution of 
their order, upon condition that within a reasonable 
time to be named the party convicted do adopt 
such other or better means as to the court shall 
seem fit, or before passing final sentence, and with- 
out consulting the prosecutor, to make such other 
order touching the carrying on of such business as 
the court shall think fit for preventing the nuisance 
in future. Provided always, that if the matter 
come before any superior court it shall be lawful 
for such court to exercise such power of mitigat- 



DANGEKOUS AND NOXIOUS BUSINESSES. 101 

ing, or remitting such penalty, or of suspending the Sec. 120. 
execution of any judgment, order, or determination 
in the matter, or to make such order touching the 
carrying on of such business as to the court shall 
seem fit : 

2. Any person dissatisfied with the decision of the petty 

sessional court may appeal to the court of quarter 
sessions in manner provided by the Summary Juris- 
diction Acts : 

3. If before conviction by the petty sessional court the 

person complained against desire to have the matter 
tried by a jury, and enter into a recognisance to try 
such matter without delay, and to pay all costs of 
trial if a verdict be found against him, then such 
matter shall be tried at the next practicable court 
of quarter sessions, or whensoever that court shall 
appoint, and if that court shall think fit, it shall 
be lawful for them to authorise the jury to view the 
place in question in such manner as they shall direct, 
and the jury shall inquire and try and determine by 
their verdict whether the business in question be 
offensive or noxious, and whether the party in 
question have done any act whereby the penalty 
imposed by this Act in respect thereof has been 
incurred, and, subject to the power hereinbefore 
conferred of mitigating such penalty or suspending 
their judgment, order, or determination thereon, or 
making such order touching the carrying on of the 
business, the said court shall give judgment accord- 
ing to such verdict, and shall award the penalty (if 
any) incurred by the defendant, and shall and may 
(if they see fit) award to either of the parties such 
costs as they may deem reasonable, which verdict, 
and the judgment, award, order, or determination 
thereon, shall be binding and conclusive. 

121 The provisions of this Part of this Act relating to Saving for 
dangerous and noxious businesses shall not apply to any fnd 
public gasworks nor to any premises used for the purpose distilleries. 
of distillation or the rectification of spirits under the 
survey of the Commissioners of Inland Revenue or their 
officers. 



102 THE LONDON BUILDING ACT, 1894. 

Sec. 121. See also Section 205, page 145, and L.B.A. (Amendment) Act, 
1898, Section 9, page 178 ; also the London Building Acts (Amend- 
ment) Act, 1905, Section 33, page 203. 



PART XI. 
DWELLING-HOUSES ON LOW-LYING LAND. 



no * ^ e lawful for any person upon land of 
low-lying which the surface is below the level of Trinity high-water 
mark and which is so situate as not to admit of being 
drained by gravitation into an existing sewer of the 
Council, to erect any building to be used wholly or in 
part as a dwelling-house, or to adapt any building to be 
used wholly or in part as a dwelling-house, except with 
the permission of the Council, and subject to and in 
accordance with such regulations as the Council may from 
time to time prescribe with reference to the erection of 
buildings on such land : 

And the Council may by such regulations (subject to 
appeal as hereinafter provided) 

(i.) Prohibit the erection of dwelling-houses, or the 
adaptation of any buildings for use as dwelling- 
houses, on such land or any denned area or areas 
of such land ; 

(ii.) Regulate the erection of dwelling-houses, or the 
adaptation of buildings for use as dwelling-houses, 
on such land or any denned area or areas of such 
land ; 

(iii.) Prescribe the level at which the under side of the 
lowest floor of any permitted building shall be 
placed on such land, or any defined area or areas 
of such land, and as to the provision to be made 
and maintained by the owner for securing efficient 
and proper drainage of the buildings, either directly 
or by means of a local sewer into a main sewer of 
the Council : 

Any person seeking to erect any dwelling-house, or any 
building, any part of which is to be used as a dwelling- 
house, or to adapt any building or any part of a building 



DWELLING-HOUSES ON LOW-LYING LAND. 103 

for use as a dwelling-house, on any of such land, shall Sec. 122. 
make application to the Council for a license to erect the 
same, and the matter shall thereupon be referred to the 
chief engineer of the Council, who shall decide whether, 
and if so upon what conditions, such erection or adaptation 
may be permitted, and any such decision shall be given 
by the said engineer by a certificate in writing under his 
hand. Any person objecting to the refusal of the Council 
to permit on such land, or any denned area or areas of 
such land, the erection of any dwelling-house, or the adap- 
tation for use as a dwelling-house, of any building, or to 
any regulation made by the Council under this Part of 
this Act, or to any decision of the said engineer, or as to 
the reasonableness of any requirement or condition made 
by him may appeal to the tribunal of appeal. 

See Regulations with regard to Applications, Part XI., pages 
444-446. 

Trinity high-water mark is 12 feet 6 inches above the Ordnance 
datum, by the London Dock Act, 1799 (39 & 40 George III., c. xlvii.), 
Section 55. 

It has been held that this applies to ordinary conditions and not 
to flood water, when sewer becomes surcharged with rain water. 
Ellis v. L.C.C. (1904), 1 K.B. 283. 

123 The Council may, with the concurrence of the power to 
tribunal of appeal, from time to time make regulations pre- JJJJJJ^ 
scribing the procedure to be followed by persons making tions. 
applications under this Part of this Act. 

124 1. Eegula tions made by the Council under thispubiica- 
Part of this Act shall have no force until a copy thereof 
shall have been published in the London Gazette, and 
shall be the duty of the Council to give notice of every 
such regulation by publishing a copy thereof in two or 
more London daily newspapers, and if there be a local 
newspaper circulating in the parish or district to which 
such regulation applies, then also in such local newspaper. 

2. Printed copies of every regulation from time to time 
in force under this Part of this Act shall be kept at the 
county hall, and shall be supplied free of charge to any 
person concerned who may apply for the same. 



104 THE LONDON BUILDING ACT, 1894. 

PART XII. 
SKY SIGNS. 

sky signs. 125 In this Part of this Act the expression " sky sign " 
means any word, letter, model, sign, device, or representa- 
tion in the nature of an advertisement, announcement, 
or direction, supported on or attached to any post, pole, 
standard, framework, or other support, wholly or in part 
upon, over, or above any building or structure, which, or 
any part of which sky sign, shall be visible against the 
sky from any point in any street or public way, and in- 
cludes all and every pare of any such post, pole, standard, 
framework, or other support. The expression " sky sign " 
shall also include any balloon, parachute, or similar device, 
employed wholly or in part for the purposes of any adver- 
tisement or announcement on, over, or above any building, 
structure, or erection of any kind, or on or over any street 
or public way, but shall not be deemed to include 

(i.) Any flagstaff, pole, vane, or weathercock, unless 
adapted or used wholly or in part for the purposes 
of any advertisement or announcement ; 

(ii.) Any sign on any board, frame, or other contrivance 
securely fixed to or on the top of the wall or para- 
pet of any building, on the cornice or blocking 
course of any wall, or to the ridge of a roof, pro- 
vided that such board, frame, or other contrivance 
be of one continuous face and not open work, and 
do not extend in height more than three feet above 
any part of the wall or parapet or ridge to, against, 
or on which it is fixed or supported ; or 

(iii.) Any such word, letter, model, sign, device, or repre- 
sentation as aforesaid which relates exclusively to 
the business of a railway company, and which 
is placed or may be placed wholly upon or over 
any railway, railway station, yard, platform, or 
station approach, or premises belonging to a rail- 
way company, and which is also so placed that it 
could not fall into any street or public place. 



SKY SIGNS. 105 

Boards visible against the sky from the street, although the letters Sec. 125. 
attached were not visible, have been held to be a sky sign. L.C.C. 
v. Savoy Hotel Co. (1896), 60 J.P. 457. See also L.C.C. v. Car- 
wardine (1892), 57 J.P. 181 ; 62 L. J. (M.C.) 40. Tussaud v. L.C.C. 
(1892), 57 J.P. 184. 

126 For the purpose of giving effect to the provisions District 
of this Part of this Act, the district surveyor of each dis- let forpur 
trict acting under this Act shall inspect and survey sky gJ B B e p J^ 
signs in his district, and report from time to time to the of Act ar 
Council. 

The expression " the surveyor " in this part of this Act 
means the district surveyor so acting within his district. 

Surveyor's report must be made to Common Council if sky sign is 
in the City. For penalties, see Section 200, Sub-section 11, pages 
139 and 140. 



127 From and after the commencement of this Act 

shall be unlawful to erect any sky sign as denned in this future sky 
Act. 8igns - 

128 From and after the commencement of this Act it Regulation 
shall be unlawful to retain any sky sign as denned in this sky signs. 6 
Act which previously to the passing of this Act shall have 

been erected, except in pursuance of and in accordance 
with the terms of a license granted or renewed before the 
passing of this Act by the Council, or by the Commissioners 
of Sewers as the case may be, under the provisions of the 
London Sky Signs Act, 1891, as amended by Section 17 of 
the London County Council (General Powers) Act, 1893, 
or renewed after the passing of this Act as hereinafter pro- 
vided. 

129 1. A license granted under the provisions of the Renewal of 
London Sky Signs Act, 1891, and renewed under the same llcense- 
Act, may, on the expiration of the period for which such 
renewal was granted, be renewed for one further period of 

two years, but not longer. 

2 A license granted under the provisions of the London 
Sky Signs Act, 1891, as amended by Section 17 of the 
London County Council (General Powers) Act, ]893, after 
the twenty-fourth day of August, one thousand eight hun- 
dred and ninety-three, may be renewed from the expiration 
of a period of two years from the date of issue of such 



106 THE LONDON BtltLblNG ACT, 1894. 

Sec. 129. license for a further period of two years, and, on the expira- 
tion of that period, for one other period of two years, 
making, with the original term of the license, six years in 
all, but not longer. 

3. Every person desirous of obtaining a renewal of a 
license to retain a sky sign for any such period as afore- 
said, may make application to the surveyor for an inspec- 
tion and survey of such sky sign, and such application 
shall be dealt with as hereinafter provided ; and any person 
who shall have obtained a certificate from the surveyor, 
after any such inspection and survey in accordance with 
the provisions hereinafter contained, may at any time within 
fourteen days from the issue thereof forward the same to 
the Council, with an application for a license from the 
Council to retain the same sky sign, and every such appli- 
cation for a license shall be accompanied by a fee of five 
shillings, which shall be paid to the Council for and in 
respect of the registration of the license ; and the Council 
shall thereupon grant to such person a license for the 
retention of such sky sign for a period of two years from 
the date of the issue of such license. 

4. Every such application to the surveyor for the inspec- 
tion and survey of a sky sign shall be accompanied by a 
payment of two guineas to such surveyor, which shall be 
his fee for the inspection and survey and for the grant or 
refusal of the certificate, as the case may be, and it shall 
not be lawful for the surveyor to demand or receive any 
further fee or payment in respect thereof. 

5. The surveyor shall either grant a certificate that in 
his opinion the sky sign is so placed, constructed, and sup- 
ported as not to be likely to involve danger to the public, 
or he shall refuse to grant such certificate, in which case he 
shall state the grounds of such refusal, and such certificate 
or refusal shall be in the form set out in this section, 
with such modifications, if any, as the circumstances may 
require : 

Form of Certificate. 
LONDON BUILDING ACT, 1894. 

District of 

Whereas A. B., of , has made application to 

me, pursuant to the London Building Act, 1894, to inspect 



SKY SIGNS. 107 

and survey a sky sign erected at , I hereby Sec. 129. 

certify that I have inspected and surveyed the same, and 
in my opinion the said sky sign may be retained as now 
constructed for two years from the date hereof without 
being likely to cause danger to the public. 
Dated this day of , 189 . 

(Signed) C. D., 
Surveyor. 

Form of Refusal of Certificate. 
LONDON BUILDING ACT, 1894. 

District of 

Whereas A. B., of , has made application 

to me, pursuant to the London Building Act, 1894, to 
inspect and survey a sky sign erected at , I 

hereby certify that I have inspected and surveyed the 
same, and I refuse to certify that the said sky sign is so 
constructed as not to be likely to cause danger to the 
public for the following reasons : 

Dated this day of , 189 . 

(Signed) C. D., 
Surveyor. 

NOTE. Procedure as to sky signs is now transferred by the 
London Government Act, 1899, to the Borough Councils. 

130 1. Where the surveyor refuses to grant a certifi- Alteration 
cate applied for under this Act the applicant may, if he J ^J e 8 t igns 
think fit and can lawfully do so, execute such repairs to surveyor's 
or alterations in or modifications of the sky sign as shall 
meet the objections thereto as stated in the form of refusal 
and may thereupon make a further application to the sur- 
veyor to inspect and survey the sky sign. 

2. If the surveyor on re-inspection and re-survey be of 
opinion that the sky sign has been so repaired, altered, 
or modified that it is not likely to involve danger to the 
public, he shall grant a certificate under this Act with 
respect to such sky sign, and an application for license 
thereof may be made as in this Act provided. 

3. Every such application to the turveyor to re-inspect 
and re-survey a sky sign, and for a certificate in respect 
thereof, shall be accompanied by a payment of one guinea 
to such surveyor, which shall be his fee for such re-inspec- 



108 



LONDON BUILDING ACT, 



Sec. 13Q. tion and re-survey, and for the grant or refusal of a certifi- 
cate thereupon as the case may be, and it shall not be 
lawful for the surveyor to demand or receive any further 
fee or payment in respect thereof. 

NOTE. Procedure as to sky signs is now transferred by the 
London Government Act, 1899, to the Borough Councils. 



Refusal o f f 131 Where the surveyor refuses to grant a certificate 

certificate applied for under this Act, it shall be the duty of the sur- 

tothe sent veyor forthwith to forward a copy of his refusal to the 

Council. Council. 



If the sky sign is in the City of London, the surveyor must report 
to the Common Council of the City of London. 

against 132 Where the surveyor refuses to grant a certificate 

refusal of under this Act it shall be lawful for the applicant, at any 

3< time within fourteen days after the date of such refusal, to 

make application to the tribunal of appeal by way of appeal 

against such refusal, and such appeal shall be accompanied 

by a copy of the form of refusal by the surveyor. 

ofucense? 133 In any of the following cases a license under this 
Act shall become void, viz. : 

(i.) If any addition to any sky sign be made except for 
the purpose of making it secure under the direc- 
tion of the surveyor ; 
(ii.) If any change be made in the sky sign or any part 

thereof ; 
(iii.) If the sky sign or any part thereof fall either through 

accident, decay, or any other cause ; 
(iv.) If any addition or alteration be made to or in the 
house, building, or structure, on, over, or to which 
any sky sign is placed or attached, if such addi- 
tion or alteration involves the disturbance of the 
sky sign or any part thereof ; 

(v.) If the house, building, or structure, over, on, or to 
which the sky sign is placed, or attached, become 
unoccupied or be demolished or destroyed. 

Eemovai of 13 If any sky sign be erected or retained contrary to 
the provisions of this Act, or after the license for the main- 
tenance or retention thereof for any period shall have 
become void, it shall be lawful for the Council to take pro- 



DISTRICT SURVEYORS. 109 

ceedings for the taking down and removal of the sky sign Sec. 134. 
in the same manner in all respects as if it were a structure 
certified to be in a dangerous state under Part IX. of this 
Act, except that the provisions of the said Part with respect 
to arbitration shall not apply, and it shall be lawful for 
the Council, or any officers, servants, or workmen, appointed 
by them for that purpose (after obtaining the order of a 
petty sessional court for the taking down of the sky sign, 
and after the expiration of the period (if any) fixed by such 
order for taking down the same) to enter upon the land, 
building, or premises, on or over which the sky sign is 
erected, and to take down and remove the sky sign, and 
to execute and do any works which may be necessary for 
that purpose, and for leaving any building to which the 
same was attached in a condition of safety ; and all the 
expenses of and incidental to any such work shall be repaid 
and be recoverable as though the same were a penalty 
imposed by this Act. 

For the purpose of any such proceeding the expression 
"the owner" in the said Part of this Act shall mean the 
occupier of the house, building or structure on or to which 
the sky sign is erected or attached, or if the house, build- 
ing, or structure is unoccupied then the person who would 
be the owner thereof within the meaning of this Act. 

This section is transferred by the London Government Act, 1899 
Second Schedule, Part I., to the Borough Councils to deal with 
under the Public Health Act, 1891. 

135 As regards the City, this part of this Act shall be Appiica- 
read and have effect as if the Commissioners of Sewers were f f *^ jj 
named therein instead of the Council, and all costs and within the 
expenses of such Commissioners in the execution of this Clty> 
Part of this Act shall be paid out of their consolidated rate 
as part of the expenses of such Commissioners. 

The Commissioners of Sewers are now the Sanitary Committee of 
the Corporation of London. 

PART XIII. 

SUPEEINTENDING ARCHITECT AND DISTRICT 
SURVEYORS. 

1361. The Council may, for the purpose of aiding in 
the execution of this Act, appoint some fit person to be 



110 THE LONDON BUILDING ACT, 1894. 

Sec. 136. called ' the superintending architect of metropolitan 
Power for buildings," together with such number of clerks as they 
SSS* think fit. 

auperm- 2. Such architect and clerks shall be removable by the 
architect. Council, and perform such duties as the Council direct. 

3. The superintending architect shall not practise as an 
architect, or follow any other occupation. 

4. There shall be paid to the superintending architect 
and clerks such salaries as the Council may direct. 

5. Subject to the foregoing provisions of this section, 
the person who at the commencement of this Act is the 
superintending architect of metropolitan buildings shall 
continue to be the superintending architect under this Act. 

Power of 137 If the superintending architect is prevented by 
tending" illness, infirmity, or any other unavoidable cause from 

architect attending to the duties of his office, he mav f with the con- 
to appoint . . <^_i r\ i L Ii_ i 

deputy. sent of the Council, appoint some other person as his 
deputy to perform all his duties for such time as he may 
be temporarily prevented from executing them. 

Buildings 138 Subject to the provisions of this Act and to the 
vised 'by** exemptions in this Act mentioned, every building orstruc- 
district sur- ture, and every work done to, in, or upon any building or 
structure, and all matters relating to the width and direc- 
tion of streets, the general line of buildings in streets, the 
provision of open spaces about buildings, and the height 
of buildings, shall be subject to the supervision of the 
district surveyor appointed to the district, in which the 
building or structure is situate. 

Held that district surveyors have a statutory position indepen- 
dent of the London County Council. City of Westminster v. Watson 
(1902), 2 K.B. 729. 

Powers of 139 ! The Council shall have the following powers with 
to ""]? 1 as r eg ar( l to the district surveyors and their districts (that is 

veyors and to Say) '. 

(a) They may alter the limits of the district of any dis- 
trict surveyor, or unite any two or more such dis- 
tricts, and place any such altered district under 
the supervision of any district surveyor, and do all 
such matters and things as are necessary for carry- 
ing into effect the power hereby Driven ; 



DISTRICT SURVEYORS. HI 

(b) They may dismiss or suspend any district surveyor, Sec. 139. 

and in case of any suspension or during any vacancy 
may appoint a temporary substitute, provided that 
their dismissal of a district surveyor who held 
such office before the fourteenth day of August, one 
thousand eight hundred and fifty-five, shall be sub- 
ject to the consent of a Secretary of State ; 

(c) On a vacancy occurring in the office of a district 

surveyor they may appoint another qualified person 
in his place ; 

(d) They may pay such amount of compensation as 

they think fit, or as in case of disagreement shall 
be determined by the tribunal of appeal, to any dis- 
trict surveyor who is deprived of his office in pur- 
suance of the power hereby given of altering the 
limits of districts. 

2. Subject to the foregoing provisions of this section the 
districts existing at the commencement of this Act, shall 
continue to be districts for the purposes of this Act, and 
the several persons who at the commencement of this Act 
are district surveyors shall continue to be district surveyors 
under this Act. 

140 The Eoyal Institute of British Architects mayExamina- 
cause to be examined, by such persons and in such manner d&ateVfor" 
as they think fit, all candidates presenting themselves 
the purpose of being examined as to their competency to 
perform the duties of district surveyor, and shall grant 
certificates of competency to the candidates found deserv- 
ing of the same ; and a person who has not already 
filled the office of district surveyor shall not be qualified 
to be appointed to that office unless he has received a 
certificate of competency from the said institute, or has 
been examined in such other manner as the Council may 
direct and been found competent in such examination. 

141 Every district surveyor shall have and maintain Surveyor 
an office at his own expense in such part of his district as 
may be approved by the Council, and the Council shall 
forthwith communicate to the local authority any change 
in the office of such district surveyor. 



112 



THE LONDON BUILDING ACT, 1894. 



Power of 142 If any district surveyor is prevented by illness, 

app?int r to infirmity, or any other unavoidable circumstances from 

deputy. attending to the duties of his office, he may, with the 

consent of the Council, appoint some other person as his 

deputy to perform all his duties for such time as he may 

be prevented from executing them. 



Power to 
appoint 
assistant 
surveyor. 



Surveyor 
not to act 
in case of 
works 
under his 
profes- 
sional 
superin- 
tendence. 



143 Where it appears to the Council that, on account 
of the pressure of business in any district, or on any other 
account, the surveyor of that district cannot discharge his 
duties promptly and efficiently, the Council may direct 
any other district surveyor to assist the surveyor of that 
district in the performance of his duties, or appoint some 
other person to give such assistance, and the assistant 
shall be entitled to receive all fees payable in respect of 
the services performed by him. 

144 -If any building or structure be executed or any 
work done to, in, or upon any building or structure by or 
under the superintendence of any district surveyor, acting 
professionally or on his own private account, that surveyor 
shall not survey such building or structure for the pur- 
pose of this Act, or act as district surveyor in respect 
thereof or in any matter connected therewith, but it shall 
be his duty to give notice to the Council, who shall then 
appoint some other district surveyor to act in respect of 
the matter. 



Notices to 

be given to 
surveyor by 

builder. 



145 In the following cases and at the following times 

: fi t q . \ . _ 
18 to Sd v; 

(^) Where a building or structure or work is about to 
be begun, then two clear days before it is begun ; 
and 

(b) Where a building or structure or work is after the 

commencement thereof suspended for any period 
exceeding three months, then two clear days before 
it is resumed ; and 

(c) Where during the progress of a building or structure 

or work the builder employed thereon is changed, 
then two clear days before a new builder enters 
upon the continuance thereof ; 



DISTRICT SURVEYORS. US 

the builder or other person causing or directing the work Sec. 145. 
to be executed shall serve on the district surveyor a build- 
ing notice respecting the building or structure or work. 
Every building notice shall state the situation, area, height, 
number of storeys, and intended use of the building or 
structure, and the number of buildings or structures if 
more than one, and the particulars of the proposed work, 
and the name and address of the person giving the notice 
and those of the owner then in possession of and the 
occupier of the building or structure or of its site or in- 
tended site. All works in progress at the same time too, 
in, or on the same building or structure may be included 
in one building notice. 

As to time for proceeding where notice not given, see Section 193, 
p. 132. In cases of emergency, see Section 149, p. 114. 

Temporary seating inside a building held not to be liable to 
notice. Venner v. M'Donell (1897), 1 Q.B. 421. 

Boxes formed in the pavement in connection with the supply of 
electricity are buildings, &c., within this section, and notice must 
be given. Whitechapel Board of Works v. Crow, 84 L.T. 595. 
Charing Cross and Strand Electric Supply Corporation v. Wood- 
thorpe (1903), 88 L.T. 772; 67 J.P. 286. 

A removable wooden floor, covering a public swimming bath, is 
not within this section, as it does not affect the swimming bath 
erected. Handover v. Meeson (1903), 67 J.P. 313. 

For cutting into an external wall and fixing a lift, notice is 
necessary. Meeson v. Richmond, N.L.P. Court, Builder, March 7, 
1896. 

Alteration and extension of a chancel floor requires notice. Dicksee 
v. Bullers, Southwark P. Court, Builder, March, 1898. ^ 

Constructing a drain under a building requires notice. Dicksee 
v. Graham, Southwark P. Court, Builder, Feb. 17, 1900. 

See Ashbridge v. Evans, Marylebone P. Court, Builder, April 9, 
1904. 

The sanitary authorities ordered the floor of a bakehouse to be 
lowered whereby it was necessary to underpin walls. Notice to 
be given. Dicksee v. Pearce, Lambeth P. Court, Builder, April 23, 
1904. 

Building a chimney shaft to carry smoke away from a copper 
requires notice. Payne v. Cohen, Worship Street P. Court, Builder, 
Feb. 17, 1900. 

Temporary wooden structures, refer to notes at Section 84, 
pages 75 and 76. 

A builder stripped off the zinc external covering to the roof of a 
projecting shop and covered it with tarred felt. No notice of the 
work had been served. The district surveyor relied on Section 145, 
and as the work involved the rules of the Act with regard to roof 
covering, a duty was imposed to see that the rules were complied 

8 



114 THE LONDON BUILDING ACT, 1894. 

Sec. 145. with. Magistrate decided that notice of the work should have been 
served. Greig v. Bobertson, Greenwich P. Court, Builder, May 24, 
1912. 

Surveyor 146 Every district surveyor shall, upon the receipt of 
execution any such notice as aforesaid, and also upon any work 
of Act. being observed by or made known to him which is affected 
by the provisions of this Act or by-laws made thereunder, 
but in respect of which no notice has been given, and also 
from time to time during the progress of any work affected 
by such provisions and by-laws, as often as may be neces- 
sary for securing the due observance of such provisions 
and by-laws, survey any building or work hereby placed 
under his supervision, and cause all such provisions and 
by-laws to be duly observed. 

Notice to be 147 Every notice served in pursuance of this Act 
intended f shall be deemed in any question relative to any building, 
works. structure, or work to be prima facie evidence as against 

the builder of the nature of the building, structure, or 

work proposed to be built or done. 

Power of 148 1. The district surveyor of any district at all 

Inspect reasonable times during the progress and during fourteen 

buildings. days nex t after the completion of any building, structure, 

or work in such district affected by any of the provisions 

of this Act, or by any by-laws made thereunder, or by any 

terms or conditions on which the observance of any such 

provisions or by-laws may have been dispensed with, may 

enter and inspect such building, structure, or work. 

2. The district surveyor may, for the purpose of ascer- 
taining whether any buildings erected in those premises 
are in such a situation or possess such characteristics as 
are required in order to exempt them from the operation 
of this Part of this Act, at all reasonable times and after 
reasonable notice enter any premises except buildings 
exempt from the operations of Parts VI. and VII. of this 
Act, and he may do therein all such things as are reason- 
ably necessary for the above purpose. 

The penalty for refusing admission to district surveyor is given in 
Section 200, Sub-section 11, page 139. 

149 Where by reason of any emergency any act or 



DISTRICT SURVEYORS. 115 

work is required to be done immediately or before notice g e c. 149. 
can be given as aforesaid, such act or work may be done In Cftse of 
on condition that before the expiration of twenty-four emergency 
hours after it has been begun notice thereof is served oil Tom- j* 1 
the district surveyor. ^thotS 

notice. 

150 Where it appears from the building notice served AS to 
on the district surveyor under this Act that it is proposed 
to erect any building or structure or to do any work to, 
in, or upon any building which will be in contravention of or 
this Act, or that anything required by this Act is pro- owner - 
posed to be omitted, the district surveyor shall serve upon 
the builder or building owner a notice of objection to such 
proposed erection, and in the event of the builder or the 
building owner being dissatisfied with the decision of the 
surveyor, he may within fourteen days of the date of the 
notice of objection appeal to a petty sessional court, who 
may make an order either affirming the objection or other- 
wise. 

151 In an y of the following cases (that is to say) : Notice by 

(a) Where in erecting any building or structure or in JJJJJ onrr 

doing any work to, in, or upon any building any- guiarity. 
thing is done in contravention of this Act, or 
anything required by this Act is omitted to be 
done; or 

(b) Where the district surveyor on surveying or in- 

specting any building or work in respect of which 
notice has not been served as required by this 
Part of this Act, finds that the same is so far 
advanced that he cannot ascertain whether any- 
thing has been done in contravention of this Act, 
or whether anything required by this Act has been 
omitted to be done ; 

the district surveyor shall serve on the builder engaged 
in erecting such building or structure or in doing such 
work a notice (hereinafter referred to as a notice of irre- 
gularity) requiring him within forty-eight hours from the 
date of the notice to cause anything done in contraven- 
tion of this Act to be amended, or to do anything required 
to be done by this Act which has been omitted to be done, 
or to cause so much of any building, structure, or work as 



116 THE LONDON BUILDING ACT, 1894. 

Sec. 151- prevents such district surveyor from ascertaining whether 
anything has been done or omitted to be done as aforesaid, 
to be to a sufficient extent cut into, laid open, or pulled 
down. 

As to consequences of non-compliance with notices of irregularity, 
see Section 153, page 117. 

Notice of 152 In order to provide for the service of a notice 
irregularity after and notwithstanding that the build- 
ing or structure has ceased to be in charge of or under 
the control of the builder, the following provisions shall 
have effect : 

(a) If notice in writing shall have been served upon the 

district surveyor by the builder or owner of the 
date at which such building has ceased to be in 
the charge of or under the control of the builder, 
then at any time before the expiration of fourteen 
days after the service of such notice a notice of 
irregularity may, if the district surveyor think fit, 
be served on the owner or occupier of the building 
or structure, or other, the person causing or direct- 
ing, or who has caused or directed the work instead 
of or in addition to the builder (if any) ; 

(b) Where no such notice shall have been served upon 

the district surveyor a notice of irregularity may, 
at any time within twenty-one days after completion 
of the building or structure, be served on the 
owner or occupier of the building or structure, or 
other, the person causing or directing, or who has 
caused or directed the work instead of or in addition 
to the builder (if any). 

2. When the owner of the building or structure does 
not allow the builder to comply with the requisition of a 
notice of irregularity served on the builder, and the builder 
serves notice on the district surveyor to that effect, a notice 
of irregularity may, at any time within fourteen days after 
service of the notice by the builder on the district surveyor, 
be served on the owner or occupier of the building or 
structure, or other, the person causing or directing or who 
has caused or directed the work instead of or in addition 
to the builder (if any). 

3. When a notice of irregularity is served under this 



DISTRICT SURVEYORS. 1X7 

section the provisions of this Act as to the consequences Sec. 152. 
of such a notice, so far as they relate to the builder, shall 
apply to the owner, occupier, or other person served. 

5. Nothing in this section shall prejudice any remedy 
of an owner, occupier, or other person against the builder. 

A builder will not be liable who is not the builder at the time of 
irregularity. Reg. v. Brown (1881), 45 J.P. 220. 

153 1. If the person on whom the notice of irregularity summary 
is served make default in complying with that notice f 
within the period named therein, a petty sessional court, 
on complaint made in a summary manner, as provided by 
the Summary Jurisdiction Acts, by the district surveyor, 
may make an order on such person requiring him to comply 
with the notice or with any requisitions therein which may, 
in the opinion of the court, be authorized by this Act 
within a time to be named in the order. 

2. If the order be not complied with the Council may, 
if they think fit, after giving seven days' notice to such 
person, enter with a sufficient number of workmen upon 
the premises and do all such things as may be necessary 
for enforcing the requisitions of the notice and for bringing 
any building or work into conformity with the provisions 
of this Act, and all expenses incurred by the Council in so 
doing may be recovered in a summary way either from the 
person on whom the order was made or from the owner of 
the premises. 

See notes at end of Section 170 for power of L.C.C. for recovering 
expenses, pages 124 and 125. 

154 1. There shall be paid by the builder, or in his Payments 
default by the owner or occupier, as the case may be, of veyors for 
the building or structure in respect whereof the same are 
chargeable to every district surveyor in respect of the services, 
several matters mentioned in Parts I. and III. of the Third 
Schedule to this Act, the fees therein specified or such other 
fees not exceeding the amounts therein specified as may be 
directed by the Council. 

2. If in consequence of any reduction being made by 
the Council in the amount of the said fees the income of 
any existing district surveyor is diminished, the Council 
shall grant to him compensation in respect of such diminu- 
tion. 



118 THE LONDON BUILDING ACT, 1894. 

Sec. 154. A builder being employed to construct a series of arches under a 
public street, the district surveyor was entitled to a fee in respect 
of each distinct building to which any given number of arches was 
appropriated. Power v. Wigmore (1872), L.R. 7 C.P. 386; 27 L.T. 
148. Moir v. Williams (1892), 1 Q.B. 264 ; 66 L.T. 215. 

Council to 155 The Council shall pay to the district surveyor such 
suJveyorTn ^ ees as the Council shall from time to time determine in 
relation to respect of any service required to be performed by the 

formation n ^ , . i , , , i < . i 

of streets, district surveyor m relation to the formation or laying out 
of streets, lines of building frontage, and any like service 
which the district surveyor may be required to perform 
under this Act. 

For scale of fees, see pages 159-164. 

156 The Council shall pay to the district surveyor such 
fees as may be from time to time appointed by the tribunal 
of appeal in respect of any work done by the district sur- 
veyor in relation to the preparation of evidence and giving 
the same before the tribunal of appeal. 

157 1. At the expiration of the following periods (that 

: f 
1S l 



(a) Of fourteen days after the roof of any building sur- 

veyed by a district surveyor under this Act has 
been covered in ; and 

(b) Of fourteen days after the completion of any work 

by this Act placed under the supervision of a 
district surveyor ; and 

(c) Of fourteen days after any special service in respect 

of any building, structure, or land has been per- 

formed by a district surveyor ; 

the district surveyor shall be entitled to receive the fees 
due to him from the builder employed in erecting such 
building or structure, or in doing such work, or in doing 
any matter in respect of which any special service has 
been performed by the surveyor, or from the owner or 
occupier of the building or structure so erected, or in 
respect of which such work has been done or service per- 
formed, or of the land in, upon, or in respect of which 
such work has been done or service performed. 



DISTKICT SUE VE YOBS. 119 

Owner or occupier at the time the work was actually done. Tubb go c 1 57 
v. Good (1870), L.E. 5 Q.B. 443. Evelyn v. Whichcord (1858), 31 
L.T. (O.S.) 96; 22 J.P. 658. Caudwell v. Hanson (1872), L.B. 7 
Q.B. 55. 

2. If any such builder, owner, or occupier, refuses to 
pay the said fees, they may be recovered in a summary 
manner on its being shown to the satisfaction of the court 
that a proper bill specifying the amount of the fees was 
delivered to him or sent to him in a registered letter ad- 
dressed to his last known residence. 

A building not in conformity with the Act had been removed in- 
stead of being altered to comply with same, it was held that the 
district surveyor can claim fees. Fletcher v. Lewis, Lambeth P. 
Court, Builder, March 25, 1892. 

By Section 11 of the Summary Jurisdiction Act, 1848, the recovery 
of money is subject to six months' limitation " from the time when 
the matter of such complaint arose " ; this period began to run from 
the time that a bill was delivered to the builder or the owner as the 
case may be. Corbett v. Badger (1901), 2 K.B. 278. 

158 1. The Council may at any time, by order, cause Power of 
such fixed salary as they may determine to be paid to any pay SSar^es 
district surveyor by way of remuneration instead of fees, to Bur - 
so that the amount of such remuneration be not less than ve 
the amount of the average of the fees for the last seven 
completed years preceding such determination, and there- 
upon the fees which would have been payable to such 
district surveyor in pursuance of this Act shall be paid 
to the Council and carried to the credit of the county 
fund. 

2. The Council may at any time provide either wholly 
or partially for the payment of salaries to the district sur- 
veyors, or to any of them, out of the county fund, and 
may thereupon abolish or reduce any fees by this Act made 
payable to the district surveyors. 

159 The Council may in any case, where they shall Council 
think fit to do, undertake on behalf of a district surveyor ed ?n" 
any proceedings which would otherwise be undertaken by J}-2jjJct of 
such district surveyor, or may pay the costs incurred by surveyor, 
any district surveyor in any proceedings taken by him 
under^this Act. 



120 THE LONDON BUILDING ACT, 1894. 

Returns by District Surveyors. 

Monthly 160 Every district surveyor shall, within seven days 
district y after the first day of every month, make a return to the 
to Council, in such manner as they may appoint, of all notices 
and complaints received by him relative to the business of 
his district, and the results thereof and of all matters 
brought by him before any petty sessional court, and of all 
the several works supervised and special services performed 
by him in the exercise of his office within the previous 
month, and of all fees charged or received in respect 
thereof, and shall specify in such return the description 
and locality of every building which has been built, rebuilt, 
enlarged, or altered, or on which any work has been done 
under his supervision, with the particular nature of every 
work in respect of which any fee has been charged or 
received. 

Return to 161 Every such return shall be signed by the district 
cate that lfi " surveyor, and shall be deemed to be a certificate that all 
works are the works enumerated therein as completed have been done 
ance wfth in all respects in accordance with this Act to the best of 
Act> his knowledge and belief, and that they have been duly 

surveyed by him. 

Audit of 162 The superintending architect, or such other officer 

fees unts of as the Council appoint, shall examine the monthy returns 

charged by of the district surveyors, and if any fees therein specified 

veyor? 8ir " appear to him to be unauthorised by this Act, or to exceed 

in amount the fees so authorised, or if any such account 

appears to be in any respect fraudulent or incorrect, he 

shall make his report in writing to that effect to the 

Council, who shall thereupon take such steps in the matter 

as they deem expedient. 

District 163 Every district surveyor shall forthwith notify to 

notiiTcer- tne Council any actual or probable contravention of the 
laritieif egu ~ P rov i s i ns ^ ^is Act in relation to any matter or thing 
tcfthe 8 with which it is not within his competency to deal, of 
Council, t which notice or information has been given to him or 
which he has discovered. 



BY-LAWS. 121 

PART XIV. 
BY-LAWS. 

NOTE. Part XIV. only refers to the power given to the London 
County Council to make by-laws relating to the following matters, 
but the L.C.C. has not yet availed itself of this power, &c. Section 
216, page 148, provides that the existing by-laws shall remain in 
force until altered. These by-laws are given on pages 425-429. 

164 1. Subject to the provisions of this Act the Council Power to 
may make such by-laws, not repugnant or contrary to the make" 1 to 
provisions of this Act. as they may think expedient for the by-laws, 
better carrying into effect the objects and powers of this 
Act with respect to the following matters (that is to say) : 
The regulation of the plans, level, width, surface, 

and inclination of new streets, and for regulating 

the plans and level of sites for new buildings; 
The forms of notice and other documents to be used 

for the purposes of this Act and other like matters 

of procedure. 

Foundations and sites of buildings and other erections ; 
The mode in which and the materials with which such 

foundations and sites are to be made, excavated, 

filled up, prepared, and completed for securing 

stability and for purposes of health ; 
The thickness and the description and quality of the 

substances of which walls may be constructed for 

securing stability, the prevention of fires, and for 

purposes of health ; 

The dimensions of wooden bressummers ; 
The dimensions of joists of floors ; 
The protection of ironwork used in the construction of 

buildings from the action of fire ; 
Woodwork in external walls ; 
The description and quality of the substances of which 

plastering may be made ; 
The mode in which, and the materials with which, any 

excavation made within a line drawn outside the 

external walls of a house, building, or other erection, 

and at a uniform distance therefrom of three feet, 

shall be filled up ; 



122 THE LONDON BUILDING ACT, 1894. 

Sec. 164. The regulation of lamps, signs, or other structures over- 
hanging the public way not being within the City ; 
Provided that any such by-laws as to the regulation 
of lamps, signs, and other overhanging structures 
shall be administered by the local authority ; 
The means of escape from fire in buildings exceeding 
sixty feet in height ; 

The whole subject of means of escape in case of fire is dealt with 
in the London Building Acts (Amendment) Act, 1905. See pages 
184-194. 

The duties of district surveyors in relation to any by- 
laws made in pursuance of this section ; 

The deposit with district surveyors of any plans of 
buildings submitted for their certificate ; 

The regulations of the amounts of the fees to be paid 
to district surveyors in respect of their duties under 
any such by-laws ; 

The imposition for every offence committed against 
any by-laws made under this Act of a penalty not 
exceeding five pounds, and a daily penalty not 
exceeding two pounds for every day during which 
such offence continues after conviction. Such 
penalties to be recovered by summary proceedings. 

2. The Council may provide by any by-law that in any 
case in which the Council think it expedient they may 
dispense with the observance of any by-law made under 
this section on such terms and conditions (if any) as they 
think proper. 

3. No by-law shall have any force or effect unless or 
until it shall have been submitted to and confirmed at a 
meeting of the Council subsequent to that at which the 
by-law shall have been made, nor shall any by -law have 
any force or effect until the same shall have been allowed 
by the Local Government Board. 

4. Not less than two months before applying to the 
Local Government Board for the allowance of any such 
by-laws, the Council shall give notice of their intended 
application by advertisement in the London Gazette, and 
otherwise as the Local Government Board shall direct, and 
the Council shall send a copy of the proposed by-laws as 
approved by them to the local authority, the Ecclesiastical 
Commissioners, the Eoyal Institute of British Architects, 



LEGAL PROCEEDINGS. 123 

the Surveyors' Institution, the London Chamber of Com- Sec. 164. 
merce (Incorporated), and to the Institute of Builders, and 
to such other societies and persons as the Local Govern- 
ment Board may direct, and for one month at least before 
any such application a copy of the proposed by-laws shall 
be kept at the county hall and shall be open during office 
hours thereat to inspection without charge. 

5. All by-laws made and confirmed and allowed as afore- 
said in pursuance of this Act shall be published in the 
London Gazette, and printed and hung up at the county 
hall and be open to public inspection without payment, 
and copies thereof shall be delivered to any person apply- 
ing for the same on payment of such sum, not exceeding 
twopence, as the Council shall direct, and such by-laws 
when so published shall come into operation upon a date 
to be fixed by the Local Government Board in allowing 
the by-laws, and the production of a printed copy of such 
by-laws, authenticated by the seal of the Council, shall be 
evidence of the existence and of the due making, allowance, 
and publication of such by-laws in all prosecutions or 
other proceedings under the same, without adducing proof 
of such seal or of the fact of such making, confirmation, 
allowance, or publication of such by-laws. 

165 No by-law in respect of any matter from which saving for 
the City is exempted by this Act or by any Act hereby , e n ^ . of 
repealed shall have any force or effect within the City. 

The City of London was exempt from by-laws made under the 
Building Acts of 1878 and 1890. 



PART XV. 
LEGAL PEOCEEDINGS. 

166 All offences, penalties, costs, and expenses under summary 
this Act, or any by-law made under this Act directed to ?*f 
be prosecuted or recovered in a summary manner, or the offences, 
prosecution or recovery of which is not otherwise pro- *overy o/ e 
vided for, may be prosecuted and recovered in manner P enalties - 
directed by the Summary Jurisdiction Acts. 

The Summary Jurisdiction Acts refer to those of 1848 (11 & 12 
Viet., c. 43), 1879 (42 & 43 Viet., c. 49), 1884 ( 47 &'48 Viet., c. 43). 



124 THE LONDON BUILDING ACT, 1894. 

Sec. 166* The time when proceedings may be taken is set forth in Section II. 
of the 1848 Act. The six months runs from the date when the fee 
is demanded. Labalmondiere v. Addison (1858), 28 L.J. (M.C.) 25. 

When irregularity notice has been served and not complied with, 
the time limitation starts from time of receipt of notice to alter the 
building in accordance with notice served. Bovill v. Gibbs (1887), 
51 J.P. 485. 

Where the builders finished a building that was not in accordance 
with the Act, and left the premises after they had been convicted 
for the offence, the owner of the premises was held liable for 
penalties for the continuing offence. L.G.C. v. Worley (1894), 2 Q.B. 
826. 

As to the right of appeal from the Q.B.D. to the Court of Appeal, 
see Payne v. Wright, No. 2 (1892), 61 J.L. (M.C.) 114. Rex v. 
D'Eyncourt, 85 L.T. 501. 

Proceed- 167 Any proceedings taken by a district surveyor may 
veyor * 8ur ^ e continued by his duly appointed deputy or successor in 
the office. 

As to such legal proceedings, see Sections 151, 152, and 153, pages 
115, 116 and 117. 

Powers of 168 Where jurisdiction is by this Act given to a county 
fronf PPeal court, that court may settle the time and manner of execut- 
county i n g an y work or of doing any other thing, and may put the 
parties to the case upon such terms as respects the execu- 
tion of the work as the court thinks fit : 

Provided that any person shall have the same right of 
appeal from any decision of a county court in any matter 
in which jurisdiction is given to such court by this Act as 
he would have under the County Courts Act, 1888, from 
any decision of such court in any matter. 

For penalty see Section 200, Sub-section 11 (d), page 139. 
Appiica- 169 Notwithstanding anything in any other Act one- 
pena?t f ies. na ^ ^ a ^ penalties recovered by the Council under this 
Act shall be paid to the Council. Provided that it shall 
be lawful for any court by whom any penalty is imposed 
under this Act to direct that the whole or part thereof 
shall be applied in or towards payment of the costs of the 
proceedings. 

Council 170 Where any person has been convicted of an offence 
moLlT against any of the provisions of any Part of this Act, or 
buildings any by-law made thereunder, by constructing, erecting, 
materials, adapting, extending, raising, altering, uniting, or separat- 
expe r nse<T r * n S an y building or structure, or any part of any building, 



LEGAL PROCEEDINGS. 125 

or structure, in contravention of any provisions of any Sec. 170- 
Part of this Act, it shall be lawful for the Council, after 
giving fourteen days' notice to such person to bring such 
building or structure into conformity with the said pro- 
visions, and after default shall have been made in comply- 
ing with such notice, and notwithstanding the imposition 
and recovery of any penalty, to cause complaint thereof to 
be made before a petty sessional court, who may thereupon 
issue a summons requiring the person making such default 
as aforesaid to appear to answer such complaint, and if the 
said complaint is proved to the satisfaction of the court, 
the court may make an order hi writing authorising the 
Council, and it shall thereupon be lawful for the Council 
to enter upon such building or structure with a sufficient 
number of workmen and to demolish or alter such building 
or structure, or any part thereof, so far as the same shall 
have been adjudged to be in contravention of this Act, or 
any by-law under this Act, and to do whatever other acts 
may be necessary for such purpose, and to remove the 
materials to some convenient place, and if in their discre- 
tion they think fit, sell the same in such manner as they 
may think fit, and all expenses incurred by the Council in 
demolishing or altering such building or structure or any 
part thereof, and in doing such other acts as aforesaid, or 
the balance of such expenses, after deducting the proceeds 
of sale of the aforesaid materials (if the Council thinks fit 
to sell the same), may be recovered from the person com- 
mitting the offence aforesaid in a summary manner. 

If the proceeds of such sale'shall be more than sufficient 
to defray such expenses the Council shall restore the sur- 
plus of such proceeds, after deducting the amount of all 
such expenses, to the owner of the building or structure on 
demand. 

Power given to demolish buildings to be exercised by the Borough 
Councils under London Government Act, 1899, Second Schedule, 
Part II., only when they have obtained conviction. 

See Section 153, Sub-section 2, page 117, in which case the Council 
have power to act without obtaining an order of Petty Sessional Court. Procedure 

171 The powers conferred by this Part of this Act upon authorities 
the Council with respect to any building or structure, in bindings in 
case such building or structure has been erected, extended, 
or raised contrary to the provisions of this Act beyond the line. 



126 THE LONDON BUILDING ACT, 1894. 

Sec. 171- general line of buildings in the street, place, or row of 
nouses in which the same is situate, shall extend and apply 
to and may be exercised by the local authority in like 
manner as by the Council. 

Payment of 172 Where by any provision of this Act any surplus 
Jroceed f of the proceeds of the sale of any building, structure, or 
into court, materials is made payable to any owner thereof, and no 
demand is made by any person entitled thereto within one 
year of the receipt of the proceeds by the Council, then the 
same shall be paid into the Bank of England (Law Courts 
Branch) to the account of the Paymaster- General for the 
time being, for and on behalf of the Supreme Court of 
Judicature, to be placed to the credit of "ex parte the 
London County Council London Building Act, 1894, the 
account of " the owner (describing him so far as reasonably 
practicable), subject to the control of the High Court, and 
to be paid out to the owner on his proving his title thereto. 

Payment of 173 Where it is by any provision of this Act declared 
by P owners ^ na * expenses are to be borne by or may be recovered from 
the owner of any premises (including under the term 
"owner" the adjoining and building owners respectively), 
the following rules shall be observed with respect to the 
payment of those expenses : 

1. The owner immediately entitled in possession to the 

premises or the occupier thereof, shall in the first 
instance pay the expenses with this limitation, that 
an occupier shall not be liable to pay any sum ex- 
ceeding in amount the rent due, or that will there- 
after accrue due from him in respect of the premises 
during the period of his occupancy ; 

It was held that a sub-owner summoned for expenses incurred 
might recover the contribution from the other owners of a party 
wall. Debenham v. Metropolitan Board of Works (1880), 6 Q.B.D. 
112. 

It was held that the lessee for a term of years, who had underlet 
the premises to different tenants, and was entitled to receive the 
rack-rents, was held liable as owner to pay the adjoining owner a 
part of the expenses incurred in repairing a party wall. Hunt v. 
Harris (1865), 19 G.B. (N.S.) 13. 

2. If there are successive owners each of them shall be 



LEGAL PROCEEDINGS. 127 

liable to contribute to the expenses in proportion to Sec. 173- 
his interest ; 

3. Any difference arising as to the amount of contribu- 

tion shall be decided by arbitration ; 

4. If some of the owners liable to contribution cannot 

be found, the deficiency so arising shall be divided 
amongst the owners who can be found ; 

5. Any occupier of premises who has paid any such 

expenses may deduct the amount so paid from any 
rent payable by him to any owner of the same 
premises, and any owner who has paid more than 
his due proportion of any such expenses may deduct 
the amount so overpaid from any rent payable by 
him to any other owner of the same premises ; 

Where a tenant is compelled by the building owner to pay part 
of the expenses which should have been paid by his landlord, the 
tenant can recover the amount so paid by action, and is not bound 
(though he is entitled) to deduct it from his rent. Earle v. Maugham 
(1863), 8 L.T. 637 ; 11 W.R. 911. 

6. If default is made by any person in payment of any 

expenses payable by him in the first instance under 
this section, the same may be recovered in a sum- 
mary way, and if default is made by any person in 
repaying to any other person any money recover- 
able under this section, such moneys may be 
recovered in the same manner as if the obligation 
to pay such moneys were a simple contract debt. 

174 Where the period within which for the purposes AS to 
of this Act any sanction, consent, approval, or allowance 
in respect of any matters arising under Parts II. or V. of 
this Act is to be given or refused by the Council, or within vacations, 
which any objection is to be made or other act done by 
the Council, would expire on any day between the eighth 
day of August and the fourteenth day of September (both 
inclusive), such period shall be deemed to be extended for 
twenty-eight days. 

Tribunal of Appeal. 

Constitu- 

175 For the purposes of this Act a tribunal of appeal ibun f ai of 
shall be constituted as follows : appeal. 



128 THE LONDON BUILDING ACT, 1394. 

Sec. 175. One member shall be appointed by a Secretary of 

State ; 
One member shall be appointed by the Council of the 

Royal Institute of British Architects ; 
One member shall be appointed by the Council of the 

Surveyors' Institution : 
No member or officer of the Council shall be a member 

of the tribunal of appeal. 
See Section 25, L.C.C. (General Powers) Act, 1909, page 242. 

Duration of 176 Members of the tribunal of appeal shall be ap- 
pointed for a term of five years, and any such member 
shall be eligible for re-appointment. 

Removal of 177 It shall be lawful for the Lord Chancellor, if he 
srs< think fit, to remove for inability or misbehaviour, or other 
good and sufficient cause, any member of the tribunal of 
appeal. 

vacancies 178 Upon the occurrence of any vacancy in the tribunal 
sullied. of appeal, or during the temporary absence through illness 
or other unavoidable cause of any member thereof, a Secre- 
tary of State, the Council of the Eoyal Institute of British 
Architects, or the Council of the Surveyors' Institution (as 
the case may be), whichever of them shall have appointed 
the member of the tribunal whose place shall be vacated, 
shall appoint forthwith a fit person to be a member (either 
temporary or permanent) of the tribunal in lieu of the 
member whose place is vacated, or who is temporarily 
absent as aforesaid. 

Bemunera- 179 Each member of the tribunal of appeal shall be 
members entitled to such remuneration, either by way of annual 
on^tribu- salary or by way of fees, or partly in one way and partly 

in the other, as a Secretary of State may from time to 

time fix. 

Officers, 180 It shall be lawful for the tribunal of appeal to 
tribunal, appoint such clerks, officers, and servants as they may find 
necessary, who shall be paid such salaries as shall be de- 
termined by the Council, and to provide offices, and to 
obtain such professional advice and assistance as they may 
find necessary. 



LEGAL PROCEEDINGS. 129 

181 It shall be lawful for the Council to defray the power for 
expenses of supporting any decision of the Council, or of SSJ5S} to 
the superintending architect, or of their engineer, or of decisions of 
a district surveyor, by counsel and witnesses before the bSore 8 tri- 
tribunal. 



182 It shall be lawful for the tribunal at any time to Tribunal 
state, and the tribunal shall, if ordered by the High pou^SSS?* 6 
or a judge thereof on an application in a summary manner gggj 011 of 
made by any party to the appeal, state a case for the court. 
opinion of the High Court on any question of law involved 

in any appeal submitted to them. The High Court shall 
hear and determine the question or questions of law arising 
on any case stated by the tribunal of appeal, and shall there- 
upon reverse, affirm, or amend the determination (if any) 
in respect of which the case has been stated, or remit the 
matter to the tribunal of appeal with the opinion of the 
court on the case stated, or may make such other order in 
relation to the matter as the circumstances of the case 
require, and may make such order as to the costs of the 
case and in the High Court as to the court may seem fit. 

183 The tribunal of appeal shall, subject to the pro- Procedure 
visions of this Act, have jurisdiction and power to hear of tribunal - 
and determine appeals referred to them under this Act. 

For all the purposes of and incidental to the hearing and 
determination of any appeal, the tribunal shall, subject to 
any rules of procedure duly made, have power to hear the 
Council and the parties interested, either in person or by 
counsel, solicitor, or agent, as they may think fit, and to 
require the production of any documents or books, and to 
confirm or reverse or vary any decision, and make any 
such order as they may think fit, and the costs of any of 
the parties to the appeal, including the Council, shall be in 
the discretion of the tribunal. 

The tribunal of appeal is empowered to hear appeals from the 
Council on Section 13, Sub-sections 3 and 4, page 26 ; Sec. 19, page 
32, Sec. 41, page 41, s.s. 1 (iii.), (iv.), (vi.), page 43 ; Sec. 42, s.s. 5, page 
46 ; Sec. 43, s.s. 2, page 48 ; Sees. 44, page 48 and Sec. 48, page 50. 

Appeals from superintending architect, Sees. 25, 29, and 46. 

Appeals from district surveyors, Sec. 13, s.s. 5 ; Sec. 43, s.s. (iii.) ; 
Sees. 78, 79, and 132, pages 71 and 108. 

Appeals fromjchief engineer, Sec. 122, page 102. 

9 



130 



THE LONDON BUILDING ACT, 1894. 



Sec. 183 Tbe tribunal has the power to award a lump sum for costs instead 
of ordering the costs to be taxed. Re L.C.C. and L.B. Act, 1894 
(1904), L.T. 501 ; see also note at end of Section 22, page 35. 



Reguia- 184 The tribunal of appeal may from time to time, 

pro n cedur? subject to the approval of the Lord Chancellor, make regu- 

andfees. lations consistent with the provisions of this Act as to the 

procedure to be followed in cases of appeal to the tribunal, 

including the time and notice of appeal, and as to fees to 

be paid by appellants and other parties. 

For regulations as to procedure in tribunal of appeal, see pages 
167-171. 

See Section 25 L.C.C. (General Powers) Act, 1909, page 242. 

Enforce- 185 Any order of the tribunal of appeal may be 
decision of enforced by the High Court as if it had been an order of 
tribunal, that court. 



beaS c to 
Council. 
Expenses. 



sums f mone y P a ^ to * ne tribunal 
of appeal shall be paid over to the Council and carried to 
fo e county fund, and the salaries or fees payable to 
members of the tribunal, and the office and establishment 
expenses of the tribunal, and expenses incurred by the 
tribunal and the Council in reference thereto, shall be 
defrayed out of the county fund. 

See Section 25 L.C.C. (General Powers) Act, 1909, page 242. 



ing. 



Notices. 

^' Notices, orders, and other such documents under 
this Act shall be in writing, and notices and documents 
other than orders when issued by the Council shall be 
sufficiently authenticated if signed by their clerk or by the 
officer by whom the same are given or served. 
2. Orders shall be under the seal of the Council. 



service of 
368 ' 



188 1. Any notice, order, or other document required 
or authorised to be served under this Act, the service of 
which is not provided for by the Summary Jurisdiction 
Acts, the Lands Clauses Acts, or the Companies Clauses 
Consolidation Act, 1845, may be served by delivering a 
copy thereof at, or by sending a copy thereof by post in a 



SERVICE OF NOTICES. 131 

registered letter to the usual or last known residence in Sec. 188. 
the United Kingdom of the person to whom it is addressed, 
or by delivering the same to some person on the premises 
to which it relates, or if no person be found on the premises, 
then by fixing a copy thereof on some conspicuous part 
of the building to which it relates, and in the case of a 
railway company by delivering a copy thereof to the 
secretary at the principal office of the said company. 

2. Any notice, order, or other document to be served 
upon a builder shall be deemed to be sufficiently served if 
posted in a registered letter addressed to such builder at 
the place of address stated in his building notice (if any), 
or in default thereof at his office or any one of his principal 
offices, or if a copy thereof be fixed on some conspicuous 
part of the building to which it relates. 

3. Any notice by this Act required to be given to or 
served on the owner or occupier of any premises may be 
addressed by the description of the " owner " or " occupier " 
of the premises (naming the premises) in respect of which 
the notice is given or served, without further name or 
description. 

4. Any notice required by this Act to be served on a 
district surveyor may be served on him by post in a 
registered letter addressed to him at his office, or by 
leaving the same at his office. 

This section does not apply to any notice, summons, or order to 
be served upon the owner or occupier of a dangerous or neglected 
structure. For service in those cases, see London Building Act, 1894 
(Amendment) Act, 1898, Section 5, at pages 176 and 177. 



PART XVI. 
MISCELLANEOUS. 

189 All expenses incurred by the Council in carrying 
this Act into execution and not otherwise provided for 
shall be deemed to be general expenses incurred by the 
Council, and shall be raised and paid accordingly, and the 
costs, charges, and expenses preliminary to and of and 
incidental to the preparing, applying for, and obtaining 
passing of this Act shall be raised and paid by the Council 
in like manner. 



132 THE LONDON BUILDING ACT, 1894. 

Power for 190 In any case where the Council are authorised 
annex con- under this Act to refuse their sanction, consent, and allow- 
ditions. ance to the doing or omission of any act or thing, the 
Council may, if they think fit, instead of refusing such 
sanction, consent, or allowance, give the same subject to 
such terms and conditions in relation to the subject-matter 
of such sanction, consent, or allowance as the Council think 
fit. Any such term or condition when accepted shall be 
binding on the owner or occupier of the building or structure 
or ground to which the sanction, consent, or allowance 
relates, and if at any time any term or condition so 
accepted is not observed or fulfilled, the owner or occupier 
in default shall be subject to a penalty as hereinafter 
provided. 

For penalty for not complying with Council's conditions, see 
Section 200, Sub-section 10, page 138. 

AS to build- 191 In the event of its being necessary to take down 
Sftoricai anv portion of an old building of architectural or historical 
interest, interest, constructed otherwise than in accordance with 
the regulations of this Act, or in the event of the de- 
struction of any part of such building, the part so taken 
down or destroyed may, with the consent of the Council 
first obtained, be restored in the same material and in the 
same design as it formerly was. 

Power of 192 Any owner, builder, or other person, and his 
ow t ner!&c., servants ' workmen, and agents, may, for the purpose of 
to execute complying with any notice or order served or made on 
him in pursuance of this Act in respect of any building 
or structure, room or place, after giving seven days' notice 
to the occupier thereof, and on production of the first- 
mentioned notice or order, enter and from time to time 
without further notice re-enter such building or structure, 
room, or place, and do all necessary works and things 
therein, thereto, or in connection therewith. 

Penalty for refusing admittance to owner, &c., see Section 200, 
Sub-section 11 (g), page 139. 

193 Where any building has been erected or work 
done without due notice having been given to the district 
surveyor (in accordance with this Act or a by-law made 



MISCELLANEOUS. 133 

under this Act), the district surveyor may, at any time Sec. 193. 
within one month after he has discovered that such Limitation 
building has been erected or work done, enter the premises roceed f r 
for the purpose of seeing that the provisions of this Act or ings where 
any notice served or order made under the same have been g^ 6 not 
complied with, and the time during which the district sur- 
\ eyor may take any proceedings or do anything authorised 
or required by this Act to be done by him in respect of 
such building or work, shall begin to run from the date of 
his discovering that such building has been erected or 
work done. 

See Section 152 for proceedings in case of irregularities, after 
completion of building, pages 116 and 117. 

194 Applications, plans, and other documents delivered Plans and 
at the office of the Council or to the district surveyor in S* beo- ts 
pursuance of this Act or of any by-law of the Council P er *y f 
thereunder, shall on delivery there become the property of 

the Council. 

195 The approval by the Council of any plans or par- Mode of 
ticulars for the purposes of this Act shall be signified i 



writing under the hand of the superintending architect. 2J cil to 

196 Where any consent is required to be given, any Consent, 
notice to be served, or any other thing to be done by, on, on beSfof 
or to any owner in pursuance of this Act, if there is no owners not 

f ,,,',., to be found. 

owner, or if such owner cannot be found, the judge of 
the county court may give such consent, or do, or cause 
to be done such thing on such terms and conditions as he 
may think fit, and may dispense with the service of any 
notice which would otherwise be required to be served. 

197 1. It shall not be lawful for any person to erect storing of 
or place a pile, stack, or store of cut or uncut timber, tfmber. n 
lathwood, firewood, casks, or barrels, whether on or above 

the ground, nearer to a street than the buildings forming 
the general line of buildings therein, except in a position 
wherein such a pile, stack, or store stood on the first day of 
January, one thousand eight hundred and ninety-four. 

2. It shall not be lawful for any person to pile, stack, or 
store cut or uncut timber, lathwood, firewood, casks, or 



134 THE LONDON BUILDING ACT, 1894, 

Sec. 197. barrels in the same yard or ground, or in any part of the 
same premises, with any furnace, except in the following 
cases ; 

(a) Where the furnace is enclosed in a building or 

chamber constructed of fire-resisting materials ; or 

(b) Where there is a distance of not less than ten feet 

between the furnace and the pile, stack, or store of 
timber, lathwood, firewood, casks, or barrels. 

3. No pile, stack, or store of timber, lathwood, firewood, 
casks, or barrels shall exceed sixty feet in height from the 
level of the ground. 

4. It shall not be lawful to form in any pile, stack, or 
store of timber, lathwood, firewood, casks, or barrels any 
room or chamber or space (other than a passage) to be 
used for any purpose whatever. 

5. Timber yards existing at the time of the passing of 
this Act shall comply with these provisions within two 
years from the date of the passing of the Act, but the 
Council shall have power in individual cases, if they think 
fit, to prolong this time for a term not exceeding seven 
years, and shall have power to relax any of the provisions 
of this section. 

6. This section shall not apply to railway companies or 
canal companies so far as regards timber, lathwood, fire- 
wood, casks, or barrels in transit or piled, stacked, or stored 
on land occupied by them for the purposes of their under- 
takings, nor to timber, lathwood, firewood, casks, or barrels 
piled, stacked, or stored in or on any yard or other premises 
occupied by any dock company for the purposes of their 
undertaking, or to any such yard or premises, or to any 
person piling or stacking or storing timber, lathwood, fire- 
wood, casks, or barrels in or on any such yard or premises. 

By the London Government Act, 1899, Second Schedule, Part 2, 
Borough Councils within the boroughs can take proceedings as well 
as London County Council. 

Section 85 declares stacks of timber not fixed to the ground 
exempted from provisions of temporary structures. 

In Legg v. Smith and Wallen v . Gliickstein, see notes to Section 
5, Sub-section 6, timber stages were declared to be buildings. 

Removal of 198 Proceedings with respect to a building shall not 
to affect ke affected by the removal or falling in of the roof or 
proceed- covering of such building. 



OFFENCES AGAINST ACT. 

199 No person not being properly authorised shall Preventing 
erect or place, or cause to be erected or placed, any post, -J |treets n 
rail, fence, bar, obstruction or encroachment whatsoever, 
in, upon, over or under any street, and no person not being 
lawfully authorised shall alter or interfere with any street 
in such a manner as to impede or hinder the traffic for 
which such street was formed or laid out from passing 
over the same. 

The Council may, at the expiration of two days after 
giving notice in writing to such person to demolish or 
remove any such post, rail, fence, bar, obstruction or en- 
croachment, or to reinstate or restore such street to its 
former condition (as the case may be), demolish or remove 
any such post, rail, fence, bar, obstruction, or encroach- 
ment, and reinstate or restore such street to its former 
condition and recover the expenses thereof from such 
person in a summary manner. 

This section shall not apply within the City. 

Powers transferred to the Borough Councils by Section 5 of the 
London Government Act, 1899. 

Offences against Act. 

200 Subject to the provisions of this Act, every person offences 
who does any of the things specified in this section shall againet Actt 
be deemed to have committed an offence against this Act, 
and shall be liable upon conviction in a summary manner 
to a penalty not exceeding the amount hereafter specified 
in connection with such offence, and to a further penalty 
not exceeding the amount hereafter stated as the daily 
penalty in connection with such offence for every day on 
which the offence is continued after such conviction (that 
is to say) : 

1. Every person who 

(a) commences to form or lay out, alter, or adapt 
any street or way, without having first obtained 
the sanction of the Council under this Act, or 
otherwise than in accordance with the con- 
ditions (if any) prescribed by the Council in 
giving their sanction or by the tribunal of 
appeal, as the case may be, or commences to 
widen any street or way to a less extent than 



136 THE LONDOtf BUILDING ACtf, 

Sec. 200. the prescribed distance without giving to the 

Council the notice prescribed by this Act ; or 
(6) unlawfully erects or places in, upon, or over 
any street or way any post, fence, bar, obstruc- 
tion, or encroachment ; or 

(c) unlawfully permits any such post, rail, fence, 

bar, obstruction, or encroachment in, upon, or 
over any street or way to remain after notice 
served upon him by the Council to remove the 
same; or 

(d) unlawfully alters or interferes with any street in 

such a manner as to impede or hinder the 
traffic for which such street was formed or laid 
out ; 

shall be liable to a penalty not exceeding ten pounds 
for every such offence, and to a daily penalty not 
exceeding forty shillings. 

2. Every person who neglects or refuses for twenty-eight 

days after the service of any notices empowered to 
be served under Part II. of this Act, requiring him 
to set back any building or structure to comply with 
the requirements of such notice, or after the expira- 
tion of such period fails to carry out or complete 
the works necessary for such compliance within the 
time (if any) limited in such notice, shall be liable 
to a penalty of not less than forty shillings and not 
more than five pounds, and to a daily penalty of not 
less than ten shillings and not more than forty shil- 
lings. Provided always that this sub-section shall 
not apply to any non-compliance with such notice 
in the case of an intended highway where the same 
shall not be opened as a highway. 

See Section 8, Sub-section 2, of London Building Act (Amend- 
ment) Act, 1898, page 175. 

3. Every person who 

(a) erects or brings forward any building or struc- 
ture in contravention of any of the provisions 
of Part III. of this Act, or of any conditions 
attached by the Council to any consent given 
pursuant to such provisions ; or 

(6) erects, alters, enlarges, rebuilds, or raises, or 



OFFEtfCES AGAINST? AC*. 137 

commences to erect, alter, enlarge, rebuild, or Sec. 200. 
raise any building or commences so to do so as 
to contravene any of the provisions of Part V. 
of this Act ; or 

See L.C.C. v. Worley at end of Section 166, page 124. 

(c) fails to comply with any of the provisions of 

Part VI. of this Act ; or 

(d) fails to comply with the requirements of any 

notice given to or served upon him under and 
in accordance with Part VII. of this Act within 
the time (if any) specified in such notice ; or 

(e) sets up, erects, retains, or adapts any building 

or structure to which Part VII. of this Act 
applies without having obtained any license 
required by that Part of this Act, or makes 
default in observing any of the conditions con- 
tained in such approval or license : 
shall be liable to a penalty not exceeding twenty 
pounds a day during every day of the continuance 
of the non-compliance with the order of the Court 
in reference to the matters aforesaid : 

The words in italics are enacted by the London Building Act 
(Amendment) Act, 1898, Section 6. 

For further penalty, see L.B. Act (Amendment) Act, 1898, Section 
7, pages 177 and 178. 

4. Every person who hinders or obstructs any persons 

empowered by this Act to enter and remain on any 
premises for the purpose of executing and to exe- 
cute any work authorised or directed to be done 
under this Act, or wilfully damages or injures any 
such work, shall be liable for every such offence to 
a penalty not exceeding ten pounds : 

5. Every person who, being a building owner liable 

under Part VIII. of this Act to make good any 
damage which he may occasion to the adjoining 
owner's or adjoining occupier's property, by any 
works authorised to be executed by the building 
owner, or to do any other thing upon condition of 
doing which his right to execute such works is by 
Part VIII. of this Act declared to arise, fails within 



138 THE LONDON BUILDING ACT, 1894. 

Sec. 200. a reasonable time to make good such damage, or 

to do such thing shall be liable to a penalty not 
exceeding twenty pounds, and to a daily penalty 
not exceeding the like amount : 

6. Every person who refuses to admit the purchaser of 

any material sold under this Act, his servants or 
agents, upon the land on which the same are, at a 
reasonable hour, or impedes him or them in re- 
moving the same therefrom at a reasonable hour, 
shall be liable to a penalty not exceeding ten 
pounds, and to a daily penalty not exceeding five 
pounds : 

7. Every person who erects a building nearer than fifty 

feet to a building used for any dangerous business, 
or a dwelling-house nearer than fifty feet to a build- 
ing used for any noxious business, shall be liable to 
a penalty not exceeding fifty pounds, and to a daily 
penalty not exceeding the like amount for every 
day during which such first-mentioned building or 
such dwelling-house shall be allowed to so remain 
near to such dangerous and noxious business : 

8. Every person who establishes or carries on a danger- 

ous or noxious business in contravention of any of 
the provisions of this Act shall be liable to a penalty 
not exceeding fifty pounds, and to a daily penalty 
not exceeding the like amount : 

9. Every person who erects or adapts, or commences to 

erect or adapt otherwise than in accordance with 
the provisions of Part XI. of this Act any building 
to which Part XI. of this Act relates, shall be liable 
to a penalty not exceeding one hundred pounds, 
and to a daily penalty not exceeding fifty pounds 
for every day after the conviction for the offence on 
which the building continues so erected or adapted 
without a license, or on which default is made in 
observing or complying with any conditions of a 
license under that Part of this Act : 

10. Every person not complying with any term or con- 
dition imposed by the Council under the section 
the marginal note of which is " Power for Council 
to annex conditions" shall be liable to a penalty 
not exceeding ten pounds : 



OFFENCES AGAINST ACT. 139 

11. (a) Any person who places, erects, or retains, or Sec. 200- 
suffers or permits to be placed, erected, or re- 
tained any sky sign contrary to the provisions 
of this Act ; or 

(b) Being a person who ought to serve a building 

notice, fails to do so or begins to execute a 
work respecting which he ought to serve a 
building notice, before serving such notice, 
or having served a building notice begins to 
execute the work to which it relates before the 
expiration of two clear days after the notice 
has ceased to operate ; 01 

(c) Refuses to permit any district surveyor at a 

reasonable time to enter, survey, or inspect any 
building, work, or premises which such surveyor 
is by this Act authorised to enter and inspect, 
or refuses or neglects to afford him all reason- 
able assistance in such inspection ; or 

(d) Fails to comply with any order of the county 
court made in pursuance of this Act within the 
time named in such order ; or 

(e) Refuses to admit at a reasonable time a builder 

to a building, or otherwise prevents a builder 
from complying with any order of the county 
court made in pursuance of this Act ; or 

(/) (Being a workman, labourer, servant, or other 
person employed in or about any building) 
wilfully and without the privity or consent of 
the person causing the work to be done, does 
anything in or about such building contrary to 
the provisions of this Act ; or 

(g) Refuses to admit at a reasonable time any 
owner, builder, or person, or his servants, work- 
men, or agents into any land, building, or 
structure for the purpose of complying with 
any notice or order served or made on him in 
pursuance of this Act in respect of such land, 
building, or structure, or refuses or neglects to 
afford them all reasonable assistance in com- 
plying with such notice or executing such 
order ; or 

(h) Acts in any manner in contravention of any 



140 TiJE LONDON BUILDING ACT 1 , 1894. 

Sec. 200. of the provisions of this Act relating to the 

storing of wood and timber ; or 

By the London Government Act, 1899, Second Schedule, Part II., 
Borough Councils can take proceedings as well as the L.C.C. as 
regards this sub-section. 

(j) Does any other thing prohibited by this Act, or 
fails, neglects, or omits to do any other thing 
which he is required to do under or in pur- 
suance of this Act ; 

shall be liable to a penalty not exceeding forty 
shillings, and to a daily penalty not exceeding the 
like amount : 

12. Every person who without the consent of the 
Council converts or uses a building contrary to 
any of the provisions of the section of this Act of 
which the marginal note is u Eules as to conversion 
of buildings," shall be liable to a penalty not 
exceeding ten pounds, and to a daily penalty not 
exceeding the like amount for every day on which 
the building remains so converted; or is used con- 
trary to the provisions of the said section. 
The liability to these penalties shall be without prejudice 
to any other proceedings, whether under this Act or any 
by-law under this Act or otherwise, but so that no person 
shall be punished twice for the same offence. 

Application of Act. 

Buildings 201 The following buildings and works shall be exempt 
fr x o e m plrts from the operation of Parts VI. and VII. of this Act. 1 

1. Bridges, piers, jetties, embankment walls, retaining 

walls, and wharf or quay walls : 

See Section 36, L.B. Acts (Amendment) Act, 1905, page 204. 

2. The Mansion House, Guildhall, and Royal Exchange 

of the City : 

3. The offices and buildings of the Bank of England 

within the City : 

4. All buildings erected before or after the passing of 

1 Parts V., XIII., XIV., XV., XVI., and Sanitary By-laws are 
therefore applicable to them. 



EXEMPTED BUILDINGS. 141 

this Act, by or with the sanction of the Com- Sec. 201. 
missioners for the Exhibition of 1851, on any lands 
belonging to them and purchased in pursuance of 
any power vested in them by charter or Act of 
Parliament, except streets or blocks of buildings 
erected by them or with their sanction as private 
dwelling-houses : 

5. The Sessions House at the Old Bailey, and all other 

session houses or other public buildings belong- 
ing to or occupied for public purposes by the 
justices of the peace of the counties of Middlesex, 
London, and the City of London, or by the County 
Councils of London and Middlesex respectively : 

6. The erections and buildings authorized by an Act 

passed in the ninth year of the reign of his late 
Majesty King George the Fourth for the purposes 
of a market in Covent Garden : 

7. The buildings of the Metropolitan Cattle Market and 

of the Cattle Market at Deptford ; and any build- 
ing within the market premises inhabited or 
adapted to be inhabited by any official or servant 
of the Corporation for the purposes of such markets 
or either of them : 

8. Any building or part of a building belonging to a 

canal company, and used exclusively for the pur- 
poses of canal works under any Act of Parliament ; 

A canai company not being a carrying company but taking tolls 
for the passage of barges along their canal erected a building on their 
wharf and let it to another institution. Held that the building was 
not " used for the purposes of the canal " and was not exempt. 
Coole v. Lovegrove (1893), 2 Q.B. 44. 

Any building or structure situate upon the railway or 
within the railway or station premises, and used 
for the purposes of or in connection with the traffic 
of a railway company ; 

See note to Section 86, Elliott v. L.C.C., page 76. 

L.C.C. v. District Surveyors' Association and Willis (1909), 2 K.B. 
138. Notice must be given to the District Surveyor in respect 
of buildings even if they are exempt from Parts VI. and VII., pages 
53-76. Galbraith Bros. v. Dicksee (1910), 102, L.T. 890. Fees 
appear to be payable in respect of exempted buildings. 



142 THE LONDON BUILDING ACT, 1894. 

Sec. 201. Any building or part of a building belonging to a gas 

company and used exclusively for gas works ; 
Any building or part of a building belonging to the 
Conservators of the river Thames and used by 
them as a workshop or store ; 

The foundations and walls of buildings belonging to a 
railway company situate over any station or works 
of a railway company, or immediately adjoining 
any railway or works of a railway company, and 
upon land acquired under the powers of an Act of 
Parliament ; 

Any building within the station premises of any rail- 
way company inhabited or, adapted to be inhabited 
in whole or in part by any official or servant of the 
railway company. 

Provided always that nothing in this sub-section shall 
exempt any other buildings used for the purpose 
of human habitation so far as they are so used. 

See Sections 30, 32, and 38 of L.B. Acts (Amendment) Act, 1905, 
pages 38 and 40. 

9. Any building or structure, or part of a building or 
structure belonging to a dock company constituted 
by Act of Parliament, and situate within the dock 
premises : 

10. Buildings not exceeding in area thirty square feet, 

and not exceeding in height five feet in any part, 
measured from the level of the ground to the 
underside of the eaves or roof plate, and distant 
at least five feet from any other building and from 
any street, and not having therein any stove, flue, 
fire-place, hot-air pipe, hot-water pipe, or other 
apparatus for warming or ventilating the same, 
provided that no portion of the building extends 
beyond the general line of buildings in any street : 

11. All the buildings and structures (not exceeding in 

height thirty feet, as measured from the footings 
of the wall, and not exceeding in extent one hundred 
and twenty-five thousand cubic feet, and not being 
public buildings) wholly in one occupation, and 
distant at the least eight feet from the nearest 
street or way, and at the least thirty feet from the 



EXEMPTED PRIVATE BUILDINGS 

Section ZO1. (11 &1Z) 

Cfre und of adjoin t'na o rrne r 



Plate 11 







T 






i 




: | 




V 


r 




I 




\ 




i 


* + 


Not containing 


, f 


4 


!j 




cubic /* 




5 


<s 




% 




! 



STREET OR ALLEY 



ef *fyininq 



V 


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i 


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canla.i7i.incs more 
than 125,000 cubit 
feet 


Jw^, 


i 

% 

i 


<5 








ih 


^ 



STREET OR ALLEY 



NOTE. Tkest 

or OS-ficet *ce*tf -in. 



with. 



fauats, 



Art u^ed, w> connection, 

d,* film f ffusfz 



EXEMPTED BUILDINGS. 143 

nearest buildings and from the land of any adjoin- Sec. 201 
ing owner. A detached dwelling-house shall not 
be excluded from this exemption solely by reason 
of its being within thirty feet of another detached 
building constructed as stables or offices to be used 
in connection with such dwelling-house : 

12. All buildings not exceeding in extent two hundred 

and fifty thousand cubic feet, and not being public 
buildings, and distant at the least thirty feet from 
the nearest street or way, and at the least sixty feet 
from the nearest buildings, and from the land of an 
adjoining owner. A detached dwelling-house shall 
not be excluded from this exemption, solely by 
reason of its being within sixty feet of another 
detached building constructed as stables or offices 
to be used in connection with such dwelling-house : 

13. All party fence walls not exceeding in height seven 

feet, measured from the top of the footings of the 
walls : 

14. Greenhouses, if not attached to other buildings : 

15. Greenhouses, if attached to other buildings, so far 

as regards the necessary woodwork of the sashes, 
doors, and frames ; 

16. Cases of metal and glass used solely for holding 

plants, fastened to the woodwork of the sill and 
lower sash of a window, provided that no portion 
project over the public way, or more than twelve 
inches beyond the external face of the wall of the 
building : 

17. Openings made into walls or flues, for the purpose 

of inserting therein ventilating valves of a super- 
ficial extent not greater than forty square inches, if 
such valves are not nearer than twelve inches to 
any timber or other combustible material. 
If any addition be made to any building or structure 
specified in Sub-sections 10, 11, or 12, whereby any increase 
is caused in the area, height or extent of any such building 
or structure beyond the area, height, or extent mentioned 
in the sub-section in which any such building or structure 
is specified, the Council may give notice to the owner or 
occupier of such building or structure either to remove 
such addition or to make the building so increased in height 



144 THE LONDON BUILDING ACT, 1894. 

Sec 201- or extent conform with all or any of the provisions of this 
Act and with any by-laws under this Act relating to the 
construction of buildings, and upon his failing to do so 
within fourteen days from the service upon him of such 
notice, the Council may remove such addition to the build- 
ing or structure, and may recover the expenses of such 
removal from the owner or occupier so making default in 
a summary manner. 

Buildings constructed a quarter of a mile away from the main 
buildings of the Crystal Palace are not exempted under their special 
Act. Crystal Palace Co. v. L C.C., Builder, Feb. 10th, 1900. 

Exemption 202 There shall be exempted from so much of the pro- 
ment bund- visions of this Act as relates to buildings and structures 
mgs. Every building, structure, or work vested in, and in 

the occupation of Her Majesty, Her heirs, and suc- 
cessors, either beneficially or as part of the heredit- 
ary revenues of the Crown, or in trust for the public 
service or for public services ; also 
Any building, structure, or work vested in and in the 
occupation of any department of Her Majesty's 
Government, or of the Metropolitan Police, or of 
the trustees of the British Museum, for public pur- 
poses or for the public service ; also 
Any building, structure, or work vested in and occu- 
pied for the service of the Duke of Cornwall for the 
time being. 

Buildings in respect of which H.M. Commissioners of Works have 
an option for a lease when completed are not exempt even when 
the buildings are constructed under supervision of their surveyor. 
Drury v. Richard (1899), 63 J.P. 374. 

A building used as a drill hall for volunteers is not exempt from 
the provisions of the Act. Vestries of Westminster v. Hoskins 
(1899), 63 J.P. 725. 

See London Building Acts (Amendment) Act, 1905, Section 42, 
pages 205 and 206. 

AS to build- 203 Where a local authority or a company has statutory 

suppiyo? 16 powers for the supply of electricity in any metropolitan 

electricity, district, the buildings of such local authority or company 

used as a generating station, or for works, shall be deemed 

to be special buildings, to which the general provisions of 

Parts V., VI., and VII., and the First and Second Schedules 

of this Act do not apply, and plans thereof shall be sub- 



EXEMPTED BUILDINGS. 145 

mitted to the Council for their approval, and the Council Sec. 203. 
shall have power to authorize the buildings to be erected 
of greater dimensions than two hundred and fifty thousand 
cubic feet, and in other respects to exempt such buildings 
from any of the provisions of this Act if they think fit. 

See L.C.C. (General Powers) Act, 1908, Part III. Sections 15 to 22, 
pages 220 and 224. 

These buildings will, however, be subject to Part IX., referring to 
dangerous structures, pages 92-98. 

See Regulations and Rules (K), page 440. 

204 The lands, buildings, and property of iand? Pting 

1. The Honourable Society of the Inner Temple ; buildings, 

2. The Honourable Society of the Middle Temple ; perty of" 

3. The Honourable Society of Lincoln's Inn; court* 

4. The Honourable Society of Gray's Inn ; 

herein called "the Inns of Court," shall be exempt from 
the operation of this Act. Provided that in respect of any 
building, structure, or land which abuts upon any public 
street, public place, or public way, the Inns of Court shall 
be subject to the provisions of Part III. of this Act (Lines 
of Building Frontage). 

205 In addition to any exemption referring to gas com- Saying 
panics contained in this Act, nothing in this Act contained ri^htsof 
shall in any way take away, alter, prejudice, or affect any *" ? m - 

/ill .T -iif T PftUlOB. 

of the powers, rights, and privileges conferred upon a gas 
company by any Act of Parliament, and as existing im- 
mediately before the passing of this Act. 

For exemptions, see Section 17, Sub-section 4, of the L.C.C. (General 
Powers) Act, 1908, page 221,and Sec. 201 (8), page 142. 

206 Any building, structure, or work in any respect Diction of 
exempt from the operation of this Act, or in any manner ex 
privileged in respect of any provision of this Act, shall 
remain so exempt or privileged so long only as it is used 

for the purpose, or retains the character by reason whereof 
it is so exempt or privileged. 

See Section 148, Sub-section 2, for district surveyor's power to visit, 
page 114. 



207 It shall not be lawful (unless with the consent 
the Council) to make any alteration of any building in such altered 8*0 

10 



146 THE LONDON BUILDING ACT, 1894. 

Sec. 207. manner that when so altered, it will by reason of such 
as not to alteration not be in conformity with the provisions of this 
conform to A c t a ppli ca bl e to new buildings. 

when re- 208 Unless in any case the Council otherwise allow, 

5ty d wa5! where a party wall or external wall not in conformity with 

taken be ' ^ s Act nas been taken down, burnt, or destroyed to the 

down. extent of one-half thereof (measured in superficial feet), 

every remaining portion of the old wall not in conformity 

with this Act shall either be made to conform therewith or 

be taken down before the rebuilding thereof. 

A building being burnt and pulled down to more than half its 
cubical extent, but the party wall to less than half its height, the 
district surveyor ordered it to be rebuilt in accordance with this Act. 
Held that he had no jurisdiction to do so. Crow v. Redhouse (1895), 
59 J.P. 663, C.A. . 

Additions 209 Every addition to or alteration of a building, and 
alterations any other work made or done for any purpose in, to, or 
in b 8 uild " upon a building (except that of necessary repair not affect- 
ing the construction of any external or party wall) shall, 
so far as regards such addition or alteration or other work, 
be subject to the provisions of this Act and of by-laws 
thereunder relating to new buildings. 

Appiica- 210 A building, structure, or work erected or con- 
tobiSicu * structed before the commencement of this Act, to which no 
ings before obiection could have been taken under any law then in 

commence- . J , , , . ,, . . , , . \ . 

mentof force, shall (subject to the provisions ot this Act as to new 
Act- buildings or the alteration of buildings) be deemed to be 

erected or constructed in compliance with the provisions of 

this Act. 

Rules as to 211 Unless in any case the Council otherwise allow, no 

conversion ^p-ann cVmll 

of build- person snau 

(1) convert into or use as a dwelling-house any building 

or part of a building not originally constructed for 
human habitation ; 

(2) convert into one dwelling-house two or more dwell- 

ing-houses constructed originally as separate 
dwelling-houses ; 

(3) convert into or use as two or more dwelling-houses 



CONVERSION OF BUILDINGS. 147 

any building constructed originally as one dwell- Sec. 211. 
ing-house ; 

(4) convert a building which when originally erected was 

legally exempt from the operation of any building 
enactments or by-laws in force within London into 
a building which, had it been originally erected 
in its converted form, would have been within the 
operation of these enactments or by-laws ; 

(5) re-convert into or use as a dwelling-house any build- 

ing which has been discontinued as or appropri- 
ated for any purpose other than a dwelling-house ; 

(6) convert into or use as a dwelling-room or part of a 

dwelling-room, any room or part of a room used 
as a shop ; or 

(7) convert a dwelling-house or any part of a dwelling- 

house into a shop ; 

in such manner that the building or part of a building so 
converted as aforesaid, when converted will not be in con- 
formity with the provisions of this Act relating to the class 
of buildings to which the building when so converted will 
belong. 

Penalty for infringing this section, see Section 200, Sub-section 12, 
page 140. 

212 Notwithstanding anything contained in this Act, Buiidingg 
a building, structure, or work which has been commenced mprogresB> 
before, and is in progress at the commencement of this Act, 
or which is to be carried out under any contract entered 
into before the passing of this Act, may be completed 
subject to and in accordance with the provisions of the 
Acts relating thereto as in force immediately previous to 
the passing of this Act. 

The defendant entered into a building agreement before this Act 
came into force, to erect and complete a certain number of houses on 
a building estate. It was held that this section applied. Tanner v. 
Oldham (1896), 1 Q.B. 60 ; 73 L.T. 404. 

213 Nothing in this Act shall take away or interfere saving 
with the powers of the local authorities with respect to JjJf" u of 
the paving of new streets under the Metropolis Management thorites. 
Acts. 

Repeal. 

* Repeal of 

214 Section 50 of the Metropolitan Eailway (Additional *$j$& 
Powers) Act, 1866, is hereby repealed. poiitan 

J Railway 

Act, 1866. 



148 



THE LONDON BUILDING ACT, 1894. 



Bepeaiof 215 1. The Acts mentioned in the Fourth Schedule to 
ments in ^is Act are hereby repealed to the extent specified in the 
schedule, third column of that schedule (see pages 164 and 165). 
2. This appeal shall not affect 

(a) The past operation of any enactment hereby 

repealed, or anything duly done or suffered 
under any enactment hereby repealed ; or 

(b) Any right, privilege, obligation, or liability 

acquired, accrued, or incurred under or in 
accordance with any enactment hereby re- 
pealed; or 

(c) Any penalty, forfeiture, or punishment incurred 

in respect of any offence committed against 
any enactment hereby repealed ; or 

(d) Any power, investigation, legal proceeding, or 

remedy in respect of any such right, privilege, 
obligation, liability, penalty, forfeiture, or 
punishment as aforesaid, and any such power, 
investigation, legal proceeding, and remedy 
may be exercised and carried on as if this Act 
had not passed ; or 

(e) Any of the powers, privileges, exemptions, 

jurisdictions, or authorities given to or vested 
in the Commissioners of Sewers by or under 
any Act of Parliament, and existing immedi- 
ately before the passing of this Act. 



By-laws, 



Acts to 
force. m m 



216 All by-laws, regulations, orders, consents, con- 
ditions, an< ^ notices duly made, given, imposed, or issued 
under any Act hereby repealed shall, so far as applicable 
for the purposes of this Act, be of the same validity and 
effect as if they had been made, given, imposed, or issued 
under this Act. And all such by-laws and regulations 
shall remain in force until the same shall be revoked, 
altered, or varied by by-laws duly made under the pro- 
visions of this Act. 



saving for 217 Officers appointed under any enactment hereby 
existing repealed shall continue in office in like manner as if this 
Act had not been passed. 



218 Where in any Act or document, any Act or any 



THE FIEST SCHEDULE. 149 

provisions of any Act are mentioned or referred to which Sec. 218. 
are repealed by this Act, such Act or document shall with References 
any necessary modifications, and so far only as the circum- J^^ments 
stances of the case admit, be read as if this Act or the to repealed 
corresponding provisions of this Act were therein mentioned ^ad as re- 
or referred to instead of such repealed provisions* 

SCHEDULES. 



THE FIEST SCHEDULE. 1 
PRELIMINABY. 

Parts I. and II. of this Schedule apply to walls built of 
bricks not of less than eight and a half inches long, or of 
stone or other blocks of hard and incombustible substance, 
the beds or courses being horizontal. 

1. Every building, unless otherwise sanctioned in 
cordance with this Act, shall be enclosed with walls con- 
structed of brick, stone, or other hard and incombustible 
substances, and the footings shall rest on the solid ground 
or upon concrete, or upon other solid substructure. Pro- 
vided that open sheds, not exceeding sixteen feet in height 
and not exceeding four squares in area, may be constructed 
of any substances and in any manner approved by the 
district surveyor. 

2. Every wall constructed of brick, stone, or other similar Construc- 
substances shall be properly bonded and solidly put to- waSsof 
gether with mortar or cement, and no part of such wall brick, & ^ 
shall overhang any part underneath it except to the extent 

of six inches, and provided that the projection be well and 
solidly corbelled out, and that the side of the wall opposite 
to the corbelling be carried up vertically in continuation 
of the inner face thereof. And all return walls shall be 
properly bonded together. 

3. The thickness of every wall not being built of bricks Extra 
or stone, or other hard and incombustible substances laid 

in horizontal beds or courses, shall be one-third greater wails. 

1 See Plates 12 to 23. 



150 



THE LONDON BUILDING ACT, 1894. 



Thickness 
of walls 
built of 
materials 
other than 
such brickei 
&c., as 
aforesaid. 
Hollow 
walls. 



Height of 
storey. 



than the thickness prescribed in Parts I. and II. of this 
Schedule. 

4. The thickness of any wall of a dwelling-house, if 
built of materials other than those before specified, shall 
be deemed to be sufficient if made of the thickness required 
by Parts I. and II. of this Schedule, or of such thickness 
as may be approved by the Council. 

5. When hollow walls are constructed there shall be a 
wall on one side of the hollow space of the full thickness 
prescribed by this Act. 

6. The heights of storeys shall be measured as follows : 

(a) The height of a topmost storey shall be measured 

from the level of the underside of its floor joists 
up to the level of the under surface of the tie 
of the roof or other covering, or if there is no tie 
then up to the level of half the vertical height 
of the rafters or other support of the roof ; 

(b) The height of every storey other than a topmost 

storey shall be measured from the level of the 
underside of the floor joists of the storey up to 
the level of the underside of the floor joists of the 
storey next above it. 

7. For the purpose of determining the thickness of a 
wall the height of such wall shall be measured from the 
base of the wall to the top of the topmost storey, whether 
such wall is carried to the full height or not, or in case 
of a gable where there are no storeys in the roof, to half 
the height of the gable. 

A topmost storey may mean rooms enclosed on three sides by 
vertical walls, and in the front by a sloping roof. Foot v. Hodgson 
(1890), 25 Q.B.D. 160. 

As to height of a building, see Section 5 (21), page 15. 

8. Walls are deemed to be divided into distinct lengths 
by return walls, and the length of every wall is measured 
from the centre of one return wall to the centre of another, 
provided that such return walls are external party or cross- 
walls of the thickness required under this Schedule, and 
bonded into the walls so deemed to be divided. 

Footings of 9. Unless with the consent of the Council every wall 
walls< other than a wall carried on a bressummer shall have 
footings : 



Height of 
external 
and party 
walls. 



Length of 
walls. 



THE FIRST SCHEDULE. 151 

The projection of the bottom of the footing of every 
wall on each side of the wall shall be at least equal 
to one-half of the thickness of the wall at its base, 
unless an adjoining wall interferes, in which case 
the projection may be omitted where that wall 
adjoins, and the diminution of the footing of every 
wall shall be formed in regular offsets, and the 
height from the bottom of such footing to the base 
of the wall shall be at the least equal to two-thirds 
of the thickness of the wall at its base. 

Footings may be on one side of a wall only in certain cases, see 
Section 87 (6), page 77. 

10. The underpinning of walls and chimneys shall 
built with brick or stone bedded in cement to the full 
thickness of the old wall or work, and with proper foot- 
ings, or to an additional thickness if the increased height 
of the wall so requires, and shall rest on the solid ground 
or on concrete, or on other solid substructure as a founda- 
tion, and the whole shall be executed to the satisfaction of 
the district surveyor. 

11. A wall shall not be thickened except after 
served on the district surveyor of the intention to thicken, 
and the thickening shall be executed with brick or stone 
work in cement, properly bonded to the old work to the 
satisfaction of the district surveyor. 



PAET I. 

BUILDINGS NOT PUBLIC AND NOT OF THE WAREHOUSE 
CLASS. 

[See Section 5, Sub-sections 25 and 26, for definition of dwelling- 
houses and domestic buildings, page 16.] 

[See First Schedule, Part II., pages 155-158, for thickness of 
walls for buildings of the warehouse class. The walls of public 
buildings must, by Section 78, be constructed to the approval of the 
district surveyor.] 

See the L.C.C. (General Powers) Act, 1909, Section 22, with re- 
spect to buildings of iron and steel skeleton construction, pages 228- 
240. 

External and party walls shall be of not less thickness 
than the thickness hereinafter specified in each case, viz. ; 



152 THE LONDON BUILDING ACT, 1894. 

1. When the wall does not exceed twenty-five feet in 
height its thickness shall be as follows : 

If the wall does not exceed thirty feet in length and 
does not comprise more than two storeys it shall 
be eight and a half inches thick for its whole height ; 

If the wall exceeds thirty feet in length or comprises 
more than two storeys it shall be thirteen inches 
thick below the topmost storey, and eight and a 
half inches thick for the rest of its height. 

2. Where the wall exceeds twenty-five feet but does not 
exceed forty feet in height its thickness shall be as 
follows : 

If the wall does not exceed thirty-five feet in length 
it shall be thirteen inches thick below the topmost 
storey, and eight and a half inches thick for the 
rest of its height ; 

If the wall exceeds thirty-five feet in length it shall 
be seventeen and a half inches thick for the height 
of one storey, then thirteen inches thick for the rest 
of its height below the topmost storey, and eight 
and a half inches thick for the rest of its height. 

3. When the wall exceeds forty feet but does not exceed 
fifty feet in height its thickness shall be as follows : 

If the wall does not exceed thirty feet in length it 
shall be seventeen and a half inches thick for the 
height of one storey, then thirteen inches thick for 
the rest of its height below the topmost storey, and 
eight and a half inches thick for the rest of its 
height ; 

If the wall exceeds thirty feet but does not exceed 

' forty-five feet in length it shall be seventeen and 

a half inches thick for the height of two storeys, 

then thirteen inches thick for the rest of its height ; 

If the wall exceeds forty-five feet in length it shall be 
twenty-one inches and a half thick for the height of 
one storey, then seventeen and a half inches thick 
for the height of the next storey, and then thirteen 
inches thick for the rest of its height. 

4. Where the wall exceeds fifty feet but does not exceed 
sixty feet in height, its thickness shall be as follows : 

If the wall does not exceed forty-five feet in length it 
shall be seventeen and a half inches thick for the 



Plate 12 



BUILDINGS NOT PUBLIC & NOT OF THE 
WAREHOUSE CLASS. 



Party & External \valls have the same thickness 



~Up to 26 feeb high 



Base of 



77 




JLengttvuqjtoSO.O J&ovedO'.O'or 

comprising more than, 2 stories. 




J" J. Akennau, Jlhoto-lith. London. . 



Plate 13. 



BUILDINGS NOT PUBLIC & NOT OF THE 
WAREHOUSE CLASS . 



Party &, External walls 



the same thickness. 



4C to 50 feet Jviglv 




For Rules see Page 



Plate 14 



BUILDINGS NOT PUBLIC & NOT OF THE 
WAREHOUSE CLASS. 



Party & External \valLs 



the same thickness. 



6O to 1C feck higlv 



50 to GO feet high. 



V3 



<N> 



Base 



35" 43 

Length up to 45'. C Above 45. '0 




Above 45 '.0 ' 



Plate 15 



BUILDINGS NOT PUBLIC & NOT OF THE 
WAREHOUSE CLASS . 



Party & S asternal ^vauLLs k&ve the s curie thickness. 

Can,onfy be, buM above 80. 
TiigTviaulerc&law&mdj^^ 
sebferthirv See 47. 

HO te 80 feet JdgJv. SOtpSO feet 




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?L5 



w 



Lengfavpto 45.0. Above 4-5'.0". Lengthy to 45. 0'.Abovc45'.0'. 

For Rules seePage 



THE FIBST SCHEDULE. 153 

height of two storeys, and thirteen inches thick for 
the rest of its height ; 

If the wall exceeds forty-five feet in length it shall be 
twenty-one inches and a half thick for the height 
of one storey, then seventeen and a half inches thick 
for the height of the next two storeys, and then 
thirteen inches thick for the rest of its height. 

5. Where the wall exceeds sixty feet but does not exceed 
seventy feet in height its thickness shall be as follows : 

If the wall does not exceed forty-five feet in length 
it shall be twenty-one inches and a half thick for 
the height of one storey, then seventeen and a half 
inches thick for the height of the next two storeys, 
and then thirteen inches thick for the rest of its 
height ; 

If the wall exceeds forty-five feet in length it shall be 
increased in thickness in each of the storeys below 
the uppermost two storeys by four inches and a half 
(subject to the provision in this Schedule respecting 
distribution in piers). 

6. Where the wall exceeds seventy feet but does not 
exceed eighty feet in height its thickness shall be as 
follows : 

If the wall does not exceed forty-five feet in length it 
shall be twenty-one inches and a half thick for the 
height of one storey, then seventeen and a half 
inches thick for the height of the next three storeys, 
and thirteen inches thick for the rest of its height ; 

If the wall exceeds forty-five feet in length it shall 
be increased in thickness in each of the storeys 
below the uppermost two storeys by four inches 
and a half (subject to the provision in this Schedule 
respecting distribution in piers). 

7. Where the wall exceeds eighty feet but does not exceed 
ninety feet in height its thickness shall be as follows : 

If the wall does not exceed forty-five feet in length 
it shall be twenty-six inches thick for the height 
of one storey, then twenty-one inches and a half 
thick for the height of the next storey, then seven- 
teen and a half inches thick for the height of the 
next three storeys, and then thirteen inches thick 
for the rest of its height ; 



154 THE LONDON BUILDING ACT, 1894. 

If the wall exceeds forty-five feet in length it shall 
be increased in thickness in each of the storeys 
below the uppermost two storeys by four inches and 
a half (subject to the provision in this Schedule 
respecting distribution in piers). 

8. Where the wall exceeds ninety feet but does not ex- 
ceed one hundred feet in height its thickness shall be as 
follows : 

If the wall does not exceed forty-five feet in length it 
shall be twenty-six inches thick for the height of 
one storey, then twenty-one inches and a half thick 
for the height of the next two storeys, then seven- 
teen and a half inches thick for the height of the 
next three storeys, and then thirteen inches thick 
for the rest of its height ; 

If the wall exceeds forty-five feet in length it shall be 
increased in thickness in each of the storeys below 
the uppermost two storeys by four inches and a 
half (subject to the provision in this Schedule 
respecting distribution in piers). 

9. Where the wall exceeds one hundred feet but does 
not exceed one hundred and twenty feet in height its 
thickness shall be as follows : 

If the wall does not exceed forty-five feet in length it 
shall be thirty inches thick for the height of one 
storey, then twenty-six inches thick for the height 
of the next two storeys, then twenty-one inches and 
a half thick for the height of the next two storeys, 
then seventeen and a half inches thick for the 
height of the next three storeys, and then thirteen 
inches thick for the rest of its height ; 
If the wall exceeds forty-five feet in length it shall be 
increased in thickness in each of the storeys below 
the uppermost two storeys by four inches and a 
half (subject to the provision in this Schedule 
respecting distribution in piers). 

condition 10. If any storey exceeds in height sixteen times the 

J3 sto?eys fcnickness prescribed under this Schedule for the walls of 

ex C 8 eedfng such storey, the thickness of each external and party wall 

height! throughout such storey shall be increased to one-sixteenth 

part of the height of the storey, and the thickness of each 

external and party wall below that storey shall be increased 



BUILDINGS NOT PUBLIC & NOT OF THE 
WAREHOUSE CLASS. 



Plate 16 



Party SJEzternal watts 
same thickness 



WO to 1W feet, 




lengtfvup to 45'. 0' Above 45. 0' Lcngtbup to 46. Abcvt 45. 0" 

Fcrjfajl&s see Page t-54. 



Plate 18 



WAREHOUSE WALLS. 



& External watts luwe the same thickness. 




SZ' 



Length up to 30'. 0' 30 to 45' C" Above 46.'0" 



Forlfales seePage 7 



THE FIKST SCHEDULE. 155 

to a like extent, but any such additional thickness may be 
confined to piers properly distributed, of which the col- 
lective widths amount to one-fourth part of the length of 
the wall. 

11. No storey enclosed with walls less than thirteen Restriction 
inches in thickness shall be more than ten feet in height },erfain f 
between the floor and the ceiling thereof or between the storeys. 
floor and the tie of the roof. 

12. All buildings excepting public buildings, and such Rule as to 
buildings as are in this Act defined to be buildings of the n ot be?ng 
warehouse class, shall, as respects the thickness of their {JJ^f ngg 
walls, be subject to the provisions contained in this Part of or buiid- 
this Schedule. SShoSj 

class. 
PART II. 

BUILDINGS OF THE WAREHOUSE CLASS. 

[See Section 5, Sub-section 28, for definition of buildings of the 
warehouse class, pages 16 and 17.] 

[See the L.C.C. (General Powers) Act, 1909, Section 22, with respect 
to buildings of iron and steel construction, pages 228-240.] 

The external and party walls of buildings of the ware- Thickness 
house class shall at the base be made of not less thickness at base> 
than the thickness hereinafter specified in each case, viz. : 

1. Where the wall does not exceed twenty-five feet in 
height (whatever is its length) it shall be thirteen inches 
thick at its base. 

2. Where the wall exceeds twenty-five feet but does not 
exceed thirty feet in height it shall be at its base of the 
thickness following : 

If the wall does not exceed forty-five feet in length it 

shall be thirteen inches thick at its base ; 
If the wall exceeds forty-five feet in length it shall 

be seventeen and a half inches thick at its base ; 

3. Where the wall exceeds thirty feet but does not 
exceed forty feet in height it shall be at its base of the 
thickness following : 

If the wall does not exceed thirty-five feet in length it 

shall be thirteen inches thick at its base ; 
If the wall exceeds thirty-five feet but does not 

exceed forty feet in length it shall be seventeen and 

a half inches thick at its base ; 



156 THE LONDON BUILDING ACT, 1894. 

If the wall exceeds forty-five feet in length it shall be 
twenty-one inches and a half thick at its base. 

4. Where the wall exceeds forty feet but does not ex- 
ceed fifty feet in height it shall be at its base of the thick 
ness following : 

If the wall does not exceed thirty feet in length it 

shall be seventeen and a half inches thick at its base ; 
If the wall exceeds thirty feet but does not exceed 

forty-five feet in length it shall be twenty-one 

inches and a half thick at its base ; 
If the wall exceeds forty-five feet in length it shall 

be twenty-six inches thick at its base. 

5. Where the wall exceeds fifty feet but does not exceed 
sixty feet in height it shall be at its base of the thickness 
following : 

If the wall does not exceed forty-five feet in length 
it shall be twenty-one inches and a half thick at 
its base ; 

If the wall exceeds forty-five feet in length it shall 
be twenty-six inches thick at its base. 

6. Where the wall exceeds sixty feet but does not 
exceed seventy feet in height it shall be at its base of the 
thickness following : 

If the wall does not exceed forty-five feet in length 
it shall be twenty-one inches and a half thick at 
its base ; 

If the wall exceeds forty-five feet in length it shall 
be increased in thickness from the base up to within 
sixteen feet from the top of the wall by four inches 
and a half (subject to the provision in this Schedule 
respecting distribution in piers). 

7. Where the wall exceeds seventy feet but does not 
exceed eighty feet in height it shall be at its base of the 
thickness following : 

If the wall does not exceed forty-five feet in length 
it shall be twenty-one inches and a half thick at 
its base ; 

If the wall exceeds forty-five feet in length it shall be 
increased in thickness from the base up to within 
sixteen feet from the top of the wall by four inches 
and a half (subject to the provisions in this Schedule 
respecting distribution in piers). 



Hate 19 



WAREHOUSE WALLS. 



ftrrfv 8c x.temdl walls have $if same thickness 



50to 



6C to 70 feet high. 

~ 




43" 52" 43 52 

Lerta&i vp to 46'. C" Above 45. '0 " Xenqihiq} to Abo 

* 



For Rules seePage 155. 



Plate 20 



WAREHOUSE WALLS. 



Partv & External watts have tke same thickness . 



80 to 30 feet TdgJv . 



1C to 




43" H -52' 52" Si" 

length up w 45 '.* Move 45' C" Length itp to 45' 0* Above 45'. C" 



For Rules seePage, J5G 

" 157 . 



WAREHOUSE WALLS. 



Plate 21 



Party & External walls 
have the sams thickness 



setfortfiuiSec^ 47 . 



to 120-feet 



26 






ckness 




A 


bove 80.0 
in conditions 




'S 


17 . 
\~h& 

c 




7^- 


ei 


fc 1 - 




* 


" "X 

i 




*~ 

^ 






1 




-*- 

I 






{ 


^? 


r^~ 




3* 


8 




i 




30k 


. ^ 


j/' 


^ 


N / 






length 



Abeve45'0" Length,ucpto45'C'' Abovrtf'O* 

far Rules seePage 757. 



Plate 22 



SECTION OF CROSS WALL. 
BUILDINGS NOT PUBLIC & NOT OF THE WAREHOUSE CLASS. 



-77% - 



< .77%' > 

-27%" - 



TJWJ& portion; of Section 



thjLekries# T^equired/ for ou 
Cross waLL50to6Ofctbluglv 
& exceeding 45 feet irv Verigttv. 



thickness ofccrvJxcternaJi 
orPecrty wcdL of same, faeLgkb 
and Lengths. 



N OTE. 

AIL 6ro$6 'vwJLs required/to "b 
two thirds the thuchvcss 



Partywoll. 7^Schedule 



For Rules secPagc 15 



THE FIRST SCHEDULE. 15? 

8. Where the wall exceeds eighty feet but does not 
exceed ninety feet in height it shall be at its base of the 
thickness following : 

If the wall does not exceed forty-five feet in length it 
shall be twenty-six inches thick at its base ; 

If the wall exceeds forty-five feet in length it shall 
be increased in thickness from the base up to within 
sixteen feet from the top of the wall by four inches 
and a half (subject to the provision in this Schedule 
respecting distribution in piers). 

9. Where the wall exceeds ninety feet but does not 
exceed one hundred feet in height it shall be at its base 
of the thickness following : 

If the wall does not exceed forty-five feet in length 
it shall be twenty-six inches thick at its base ; 

If the wall exceeds forty-five feet in length it shall be 
increased in thickness from the base up to within 
sixteen feet from the top of the wall by four inches 
and a half (subject to the provision in this Schedule 
respecting distribution in piers). 

10. Where the wall exceeds one hundred feet but does 
not exceed one hundred and twenty feet in height it shall 
be at its base of the thickness following : 

If the wall does not exceed forty-five feet in length 
it shall be thirty-one inches thick at its base ; 

If the wall exceeds forty-five feet in length it shall be 
increased in thickness from the base up to within 
sixteen feet from the top of the wall by four inches 
and a half (subject to the provision in this Schedule 
respecting distribution in piers). 

11. The thickness of the wall at the top and for sixteen 
feet below the top shall be thirteen inches and a half, and 
the intermediate parts of the wall between the base and 
sixteen feet below the top shall not be of less thickness 
than would be the case if the wall were to be built solid 
throughout the space between straight lines drawn on each 
side of the wall and joining the thickness at the base to 
the thickness at sixteen feet below the top : 

Nevertheless, in walls not exceeding thirty feet in height, 
the walls of the topmost storey may be nine inches thick 
provided the height of that storey does not exceed ten 
feet. 



158 



THE LONDON BUILDING ACT, 1894. 



Condition 

o sToreys 
exceeding 



Thickness 
' 



aforesaid 



Cross- 
wails. 



12. If in any storey of a building of the warehouse class 
^ e Sickness of the wall, as determined by the provisions 
of this Schedule, is less than one-fourteenth part of the 
height of such storey, the thickness of the wall shall be 
increased to one-fourteenth part of the height of the storey, 
and the thickness of each external and party wall below 
that storey shall be increased to a like extent, but any such 
additional thickness may be confined to piers properly 
distributed, of which the collective widths amount to one- 
fourth part of the length of the wall. 

13. The thickness of any wall of a building of the ware- 
house class, if built of materials other than those before 
specified, shall be deemed to be sufficient if made of the 
thickness required by the provisions of this Schedule or of 
sucn other thickness as may be approved by the Council. 

MISCELLANEOUS. 

1. The thickness of a cross-wall shall be two-thirds of 
fa Q thickness hereinbefore required for an external or party 
wall of the same dimensions and belonging to the same 
class of buildings, but never less than eight and a half 
inches, and no wall sub-dividing any building shall be 
deemed to be a cross-wall unless it is carried up to the 
floor of the topmost storey, and unless in each storey the 
aggregate extent of the vertical faces or elevations of all 
the recesses and that of all the openings therein taken 
together does not exceed one-half of the whole extent of 
the vertical face or elevation of the wall. 

2. Wherever a cross-wall becomes in any part an ex- 
ternal wall such cross-wall shall be of the thickness required 
for an external wall of the same height and length and 
belonging to the same class of buildings. 

3. Where an increase of thickness is by any rule of 
Part I. or Part II. of this Schedule required in case of a 
wall exceeding sixty feet in height and forty-five feet in 
length, or in case of a storey exceeding in height sixteen 
times or fourteen times (as the case may be) the thickness 
prescribed for its walls, or in case of a wall below such 
storey, the increased thickness may be confined to piers 
properly distributed, of which the collective widths amount 
to one-fourth part of the length of the wall. 



Plate 17 



WAREHOUSE WALLS. 



Part* & jzterndl walls have the same thickness 



Up to 25 feet high,. 25to3Ofeet,high,. 





<M Walls V 




%r 

. Img&vvp tc 45. 0" Above 45. 0*. 



3C to 40 



Base of ^ 



Walls 



Lert#th,ui>t035.'a 35' te 45'.O' Above 45'.0" 

Jbbr Rules seepage 15 ( 



Plate 23 



SECTION OF CROSS WALL. 
WAREHOUSE CLASS. 



n% 



-- 27% -- 



The Timer pcrtunv 'of. ^Sections 



thickness T^egiurcd/ for cu 
Cross wcJlSOto GOfcebhiglv 
& exceeding 45 feet* uv length,. 



tfcuchvess 

or Party waJL ofsanw fueigJW 



N OTE. 

AH 6ro#$ -watts requzredsto be 
two thirds tfoe thLcktvess 



Partywall. ^Schedule, 
Miscellaneous Sec 



For JRuJLcs sccPage 158. 



THE THIRD SCHEDULE. 159 



THE SECOND SCHEDULE. 

[The Second Schedule, referring to fire-resisting materials, 
has been repealed by the London Building Acts (Amend- 
ment) Act, 1905, and Schedule 1 of that Act substituted, 
see pages 207-209.] 



THE THIED SCHEDULE. 
FEES PAYABLE TO DISTRICT SURVEYORS. 

PART I. 

On New Buildings 

For any building not exceeding thirty square s. d. 
feet in area and not exceeding ten feet in 
height 10 

For every building not exceeding four hundred 
square feet in area and not more than two 
storeys in height - 1 10 

For every additional storey - - 5 

For every additional square or fraction of a 

square - 2 6 

For every building not exceeding four hundred 
square feet in area and of one storey only in 
height - - 15 

On Additions, Alterations, or other Works. 

For every addition or alteration or other work 
to which the provisions of this Act apply, 
made or done to or on any building after the 
roof thereof has been covered in 

One-half of the fee charged in the case of 
a new building, calculated upon the area 
of the whole building. 
For inspecting the arches or fire-resisting floors 

over or under public ways - - 10 

For inspecting the formation of openings in 

party walls (for each opening) - - 10 

For inspecting the closing of openings in party 

walls (for each opening) - - 10 



160 THE LONDON BUILDING ACT, 1894. 

Provided that in the case of public buildings, buildings 
constructed of concrete and buildings divided into separate 
sets of chambers or tenements by party structures, the fees 
hereinbefore specified in this part of this Schedule shall in 
every case be increased by one-half. 

See L.C.C. (General Powers) Act, 1909, Section 26, as to increased 
fee to District Surveyor in certain cases, pages 243 and 244. 

On Chimneys and Flues. 

On the construction of a furnace chimney-shaft s. d. 
or similar shaft for ventilation or other pur- 
poses, in addition to the fee for any other 
operation in progress at the same time, if 
not exceeding seventy-five feet in height - 2 
If exceeding seventy-five and not exceeding 

one hundred feet in height - - 2 10 

For every additional ten feet or portion of 

ten feet in height - - 10 

On the carrying of a flue from an oven, stove, 
steam boiler, furnace, or close-fire into an old 
flue - - - 10 

On certifying that a chimney breast in a party 

wall may be cut away - 10 

On Certifying Plans. 

For examining and certifying plans of an old 

building - - 2 2 

On Wooden and Temporary Structures. 

On inspection of any wooden structure or on 
inspection of any structure or erection put 
up on any public occasion the same amount 
as for a new building, calculated on the area 
of the structure or erection without reference 
to the area of any building to which it may 
be attached or in or on which it may be put 
up. 
See notes at end of Section 84, Sub-section 1, page 75. 



THE THIRD SCHEDULE. 161 

11 

Attending at Court. 

For attending at a court when an order is made > s. d. 
for complying with notice of irregularity - 10 

PABT II. 

On Dangerous Structures. 
On each dangerous structure 

Where there are not more than four adjoining or nearly 
contiguous stiuctures in the same ownership 

1. For making a survey of the structure 

reported as dangerous and certifying 
opinion thereon 

If the structure do not exceed four 
squares in area and two storeys in 
height - - 7 6 

If exceeding four squares - - 10 

For every additional storey above two 026 

2. For each inspection of the structure and 

report as to completion or progress of the 

works - - 5 

3. For inspecting the structure before the 

hearing of the summons and attending 

the court to give evidence 

If one structure only - - 10 

If more than one structure (for each 

structure) - - 5 

4. For inspecting the structure before the 

hearing of the summons against the 
occupier (the owner hiving failed to 
comply) and attending the court to give 
evidence 

If one structure only - - 10 

If more than one structure (for each 

structure) ... - 5 

11 



162 THE LONDON BUILDING ACT, 1894. 

S. d. 

5. For every adjournment of the summons - 5 

6. For superintending the erection of shoring 

(including needling when requisite) and 
hoarding, whether done by the Council or 
not, and for certifying the account for 
the same when done by the Council - 10 

7. For shoring without hoarding or hoarding 

without shoring, and certifying the ac- 
count - - 7 6 

8. For supervision, including the report of the 

officer in cases where it is necessary for 
the Council to execute works to ensure 
the safety of the public, under an order 
made by a court - - 5 

When there are more than four adjoining or nearly 
contiguous structures in the same ownership 

For Nos. 2, 3, and 4 in the above table - 4 

For No. 5 - 2 6 

And for No. 8 - - 4 
See Section 155 for special fees for other services, page 118. 

PABT III. 

Fees Payable for Special Services. 

The fees payable by a builder to the district sur- 
veyor for special services shall be the following : 
For superintending the construction of floors 
and partition walls to stables under Section 70 
of this Act, per building - - 5 

For superintending the construction of over- 
hanging oriel windows, per building - - 5 
For superintending the fixing of any oven, copper, 
steam boiler, or stove to be used for trade pur- 
pose and not heated by gas - - 10 
For superintending the fixing of pipes for con- 
veying heated air or hot water or steam at 
high pressure (for each floor of a building on 
which pipes are fixed) - - 10 
For services relating to the erection of buildings 

on low-lying lands, per building - - - 5 



THE THIRD SCHEDULE. 163 

PABT IV. 

FEES PAYABLE TO COUNCIL. 

On Dangerous Structures. 

For general services 

1. For preparation of notices, forms for same, s. d. 

and postage - - 3 6 

2. For service of notices (clerk's time) - - 2 6 

3. For travelling per mile (one way) - - 3 

4. For obtaining summonses and orders 

(clerk's time) - - 2 6 

5. For cost of each summons or order - - 3 

Where there are two or more adjoining or nearly 
contiguous structures in the same ownership 

For Nos. 2 and 4 (above) each - 2 

The fees payable upon ten structures shall be 
the maximum fees. 

On Dilapidated and Neglected Buildings or Structures. 

1. For each inspection of the building or struc- 

ture and report - - - 5 

2. For obtaining summons and order (clerk's time) 026 

3. For cost of each summons or order - - 2 

4. For attendance at a court to give evidence - 5 

5. For every adjournment - 2 6 

6. For supervision of works, including report of 

officer in cases where the magistrate's order 

is executed by the Council - 5 

7. For travelling per mile (one way) - - 3 

8. The cost of procuring local evidence to satisfy 

the magistrate that the condition of the 
structure is prejudicial to the property or to 
the inhabitants of the neighbourhood is to 
be considered separately in each case. 

Where there are two or more adjoining or nearly 
contiguous structures in the same ownership 

For Nos. 1, 4, or 6 (above) each - - - 3 
For Nos. 2 or 5 (above) each - - 2 



164 



THE LONDON BUILDING ACT, 1894. 



The fees payable upon ten structures shall be s. d. 

the maximum fees. 
For travelling per mile (one way) - - 3 

REGULATIONS. 

1. The fees specified in this Schedule in respect of works 
to a party wall comprise the fees payable in respect of both 
sides of the wall. 

2. No fee shall be charged in respect of the fixing of a 
chimney pot. 

3. No fee shall be charged in respect of the repairing of 
a chimney top unless the top has been pulled down to a 
greater extent than twelve inches. 

4. No fee shall be charged in respect of the repairing of 
a parapet unless the parapet shall have been pulled down 
to a greater extent than twelve inches. 

5. In calculating the area of every new building for the 
purposes of this Schedule, the area of all outbuildings not 
exceeding thirty feet in area, whether attached or not, 
shall be included, provided such outbuildings be erected at 
the same time as the main building. 

THE FOURTH SCHEDULE. 



Session and 
Chap er. 



Title or Short Title. 



Extent of Repeal. 



7 & 8 Viet., 

o. 84. 

18 & 19 Viet., 
c. 120. 



18 & 19 Viet., 
c. 122. 

23 & 24 Viet., 

c. 52. 

24 & 25 Viet., 

c. 87. 



The Metropolitan Build- 
ing Act, 1844. 

The Metropolis Manage- 
ment Act, 1855. 



The Metropolitan Build- 
ing Act, 1855. 

The Metropolitan Build- 
ing Act (Amendment), 
1860. 

The Metropolitan Build- 
ing Amendment Act, 
1861. 



So much as is unrepealed. 

Section 142, and in Section 
202 the words " the plans, 
level, width, surface, in- 
clination, and," and the 
words " and the plans and 
level of sites for building." 

The whole Act. 

The whole Act. 



The whole Act. 



THE FOURTH SCHEDULE. 



165 



Session and 
Chapter. 



Title or Short Title. 



Extent of Repeal. 



25 & 26 Viet., 
c. 102. 

32 & 38 Viet., 

c. 82. 
34 & 35 Viet., 

c. 39. 
41 & 42 Viet , 

c. 32. 



45 & 46 Viet., 
c. 14. 



53 & 54 Viet., 
c. ccxliii. 

54 & 55 Viet., 
c. Ixxviii. 

56 & 57 Viet., 
c. ccxxi. 



The Metropolis Manage- 
ment Amendment Act, 
1862. 

The Metropolitan Build- 
ing Act, 1869. 

The Metropolitan Build- 
ing Act, 1871. 

The Metropolis Manage- 
ment and Building Acts 
Amendment Act, 1878. 



The Metropolis Manage- 
ment and Building 
Acts (Amendment) Act, 
1882. 

The London Council 
(General Powers) Act, 
1890. 

The London Sky Signs 
Act, 1891. 

The London County 
Council (General 

Powers) Act, 1893. 



Sections 74, 75, 76, 85, 87, 
98, and 99. 

The whole Act. 
The whole Act. 

Sections 4, 6, 7, 8, 9, 10, 14, 
15, 16, 17, 18, 19, 20, 21, 
from " and the district 
surveyor" to " such house, 
building, erection, or 
work," and the words " or 
surveyor," Section 22, so 
far as it relates to any 
notice or order served or 
made under any provision 
repealed fey this Act, 
Section 23, from " and 
every penalty imposed 
by Part II." to "Acts 
amending the same," 
Section 25, in Section 26 
the words " or in any By- 
law of the Board there- 
under," and in Section 27 
the words " or in any By- 
law thereunder made." 

The whole Act. 



Sections 27-31, and Sec- 
tions 33-37. 

The whole Act. 

Sections 5-9 and Section 
17. 



166 



TRIBUNAL OF APPEAL 
EEGULATIONS. 

SECTION. PAQB 

1. The lodging of appeals 167 

2-5. Notices of appeal 

6-7. Documents to be lodged with the tribunal 

8. Extension of time and amendments - .... 

9-12. Procedure for hearing appeals 

13. Order of tribunal 

14. Notice of order of tribunal 

15. Evidence and production of documents .... 

16-20. Attendance of witnesses 

21-22. Taxation of costs 

23-24. Case stated 

25. Becords 

26. Inspection of records 

27. Office copies of records 

28. Copies other than office copies 

29. Fees payable to the tribunal 

Schedule of authorities and persons to whom notice to be 

given 



THE LONDON BUILDING ACTS, 1894-1909. 
THE TRIBUNAL OF APPEAL. 

REGULATIONS made by the Tribunal of Appeal (in substitution 
for the Regulations of the 21st February, 1895) as to the 
procedure to be followed in cases of Appeal and as to the 
fees to be paid. 

The Lodging of Appeals. 

Time and l. Notice of Appeal shall be addressed to the Clerk of the 
Sdging* Tribunal and shall be lodged and the fee thereon paid to him at 
Appeals, the Office of the Tribunal, No. 13 Great George Street, West- 



TRIBUNAL OF APPEAL REGULATIONS. 167 

minster, S.W., within the period (if any) prescribed by the Act 
or Acts under which the Appeal is made, and where 'no period is 
so prescribed, within one calendar month after Notice of the 
act or matter the subject of an Appeal has been given to or 
served on the Appellant. 

NOTE. All Notices to be given to the Tribunal as well as all docu- 
ments to be lodged (other than plans or drawings) in pursuance 
of these regulations must be on Foolscap paper and entitled in 
the matter the subject of the Appeal and the Statute or Statutes 
relating thereto. All notices prescribed by these regulations 
must be in writing. 

Notices of Appeal. 

2. The Appellant shall, within the time limited for giving Notices to 
Notice of Appeal, give notice of such Appeal to the Clerk ofk.C.C. 
the London County Council, the District Surveyor or other surveyor 
authority against whose Act the Appeal is made. or other 

3. The Appellant shall also within the ime above limited in N ^ c e r j y - 
cases where the Appellant is not the original applicant give original 
notice to such original applicant of such Appeal. Applicant. 

4. The London County Council, the District Surveyor orL.C.C-to 
other authority to whom such original application was made, supply 
shall furnish to the Appellant on request a copy of such appli- Applicant 
cation (other than plans accompanying or forming part of the and other 
same) together with the name and address of the original appli- U c rson8 ' 
cant and of the names and addresses of all persons to whom 
Notices under the original application were given. 

5. In case of an Appeal under any of the Sections of the Notices to 
London Building Act, 1894, in the Schedule to these Regula- ^^^ ie 
tions mentioned, the Appellant (in addition to the notice to the sons^n " 
London County Council and others under Regulations 2 and Schedule. 
3 hereof) shall give notice of such Appeal within 7 days from 

the date of his Notice of Appeal to the respective authorities 
and persons mentioned opposite each Section in the Schedule 
hereto under which the Appeal is made, and when giving the 
Notice provided for by this Regulation shall supply the said 
respective authorities and persons with a copy of Regulation 9. 

Documents to be Lodged with the Tribunal. 

6. The Appellant shall deposit with the Clerk of the Tribunal Copiesof 
within 7 days of the date of Notice of Appeal copies of the ap^ica- 
original application (if any) and of the decision, determination, tion with 
certificate, refusal, consent, requirement, regulation, condition, fn^draw- 
grant or other act or matter the subject of an Appeal with ings, etc. 
copies in duplicate on tracing linen or sunprints or photographic 
reproductions on stout paper of all necessary plans or drawings 
relating thereto. 



168 



TRIBUNAL OF APPEAL REGULATIONS. 



and names 
and ad- 
dresses of 
various 
persons. 



Statement 7. The documents referred to in Regulation 6 shall be supple- 
of facts mented by a short Statement of the facts which shall specify the 
Act Section and Sub-section under which the Appeal is made, 
and shall set out the grounds of the Appeal together with the 
name and address of the original applicant (if any) as well as the 
names and addresses of all persons to whom Notice of Appeal 
is to be given under Regulation 2 hereof. 

Extension of Time and Amendments. 

Extension 8. The Tribunal may from time to time extend the time 
amend 6 - and ^ or compliance with the requirements of these Regulations 
ments. (other than the time limited for lodging Appeals under Regula- 
tion 1) and allow all necessary amendments including amend- 
ments in the notices and documents prescribed by these 
Regulations upon such terms as to the fees to be paid to the 
Tribunal and as to costs and as to rights of parties not before 
the Tribunal and as to adjournment of the proceedings or other- 
wise as the Tribunal may order. 

Procedure for Hearing Appeals. 

9. After an Appeal has been lodged the earliest convenient 
appointment shall be arranged for the hearing of the Appeal 
and notice by letter of such appointment shall be communicated 
to the parties to the Appeal and to the persons to whom Notice 
of Appeal is to be given under Regulations 2 and 3 and to such 
of the persons as are entitled to Notice of Appeal under Regu- 
lation 5 as shall within 7 days of the receipt by them of Notice 
of Appeal have requested in writing the Clerk of the Tribunal 
to give them notice of the hearing. 

10. The Tribunal may hear an appeal at, or adjourn to, such 
place as they may from time to time deem most convenient and 
may have any inspection or view which they may require for the 
better disposal of the case. They may also from time to time 
upon the application of any party to an Appeal grant adjourn- 
ments upon such terms as to the fees to be paid to the Tribunal 
and as to costs or otherwise as they may think proper. 

11. The hearing of Appeals shall be open to the public. 

12. Any person entitled to appear before the Tribunal may 
appear either in person or by Counsel, Solicitor ^ or Agent, and 
the procedure at the hearing shall, subject to such variations as 
the Tribunal may think fit, be similar mutatis mutandis to that 
adopted on the trial of actions before a Judge of the High Court. 

E.g. Preliminary objections, if any, to be heard and disposed 

of. 

Appellant to state his case and call his witnesses. 
Any other parties interested to be heard. 
Respondent to state his case, call his witnesses, and sum 

up. 
Appellant to reply. 



Time and 

place for 

hearing 

Appeals 

and 

Notices of 

Hearing. 



Adjourn- 
ments. 



Hearing 
open to 
the public. 
Appear- 
ance in 
person 
or by 
Counsel, 
Solicitor, 
or Agent. 



TRIBUNAL OF APPEAL KEGULATIONS. 169 

Order of Tribunal. 

13. The decision of the Tribunal shall be embodied in an Order of 
Order under the Seal of the Tribunal. uSier 

Seal. 
Notice of Order of Tribunal. 

14. Notice of the Order of the Tribunal together with an Notice to 
Office copy of the Order will be sent by Registered Letter to JJJJJJJ.* 
each of the parties to the Appeal, but in cases where a party is 
represented by a Solicitor or Agent then the notice will be sent 

in the above manner to the Solicitor or Agent. 

Evidence and Production of Documents. 

15. The parties to an Appeal and all persons claiming through Evidence 
them respectively shall, subject to any legal objection submit to JJ^pJJ. 
be examined on oath or affirmation in relation to the matters auction 
the subject of the Appeal, and shall, subject as aforesaid disclose of Docu- 
and produce before the Tribunal all books, deeds, papers, 111 
accounts, writings, plans, and documents within their possession 

or power respectively which may be required or called for, and 
do all other things which during the proceedings on or in con- 
nection with the Appeal the Tribunal may require 

Attendance of Witnesses. 

16. Any party to an Appeal may by subpoena ad testificandum Atten- 

or duces tecum require the attendance of any Witness at the Tyrtn^seB 
hearing of an Appeal. Such subpoena shall issue upon the fiat under 
of a Master of the Supreme Court (King's Bench Division). Subpoena. 
Applications may be made ex parte. They shall be in writing 
headed in the matter and shall be accompanied by a Certificate 
signed by the Clerk of the Tribunal showing that : 
(i) The Applicant is a party to the Appeal, 
(ii) The hearing fee for such Appeal has been paid or a 

date has been fixed for the hearing. 

Provided that no subpoena shall issue for the attendance of 
the Superintending Architect of Metropolitan Buildings and 
when the London County Council is a party to the Appeal no 
subpoena shall issue for the attendance of any member of the 
Council without the certificate first obtained of the President of 
the Tribunal. 

17. Witnesses summoned to attend before the Tribunal shall %$*}* of 
be bound to attend in pursuance of the Summons, and shall be<j ance . 
liable to process of contempt in like manner as witnesses are 

liable thereto in case of disobedience to any Order of the 
Supreme Court, or in case of default in attendance, in pursuance 
of any Order of the Court or of any writ of subpoena ad testifi- 
candum ; and all persons swearing or affirming before the Tri- 
bunal shall be liable to all such penalties, punishments and 



170 TRIBUNAL OF APPEAL REGULATIONS. 

consequences for any wilful and corrupt false swearing or affirm- 
ing contained therein, as if the matters sworn or affirmed had 
been sworn and affirmed before any other persons by law 
authorised to administer oaths, to take affidavits, and to receive 
affirmations. 

18. If any person duly summoned by subpoena to attend at 
the hearing of an Appeal shall refuse to attend or if having 
attended he shall refuse to be sworn or to answer any lawful 
question a certificate of such refusal by the President of the 
Tribunal shall be transmitted by the Clerk of the Tribunal to 
the Central Office of the Supreme Court and there filed and 
thereupon the party requiring the attendance of the Witness 
may apply to a Judge of the Supreme Court ex parte or on 
notice for an order directing the Witness to attend, or to be 
sworn, or to answer any question, as the case may be. 

19. If any Witness shall object to any question which may be 
put to him at the hearing of an Appeal, the question so put and 
the objection of the Witness thereto shall be taken down by the 
Clerk of the Tribunal and transmitted by him to the Central 
Office of the Supreme Court to be there filed and the validity of 
the objection shall be decided by a Judge of the Supreme 
Court. 

20. In any case under the two last preceding rules a Judge of 
the Supreme Court shall have power to order the Witness to 
pay any costs occasioned by his refusal or objection. 

Taxation of Costs. 

Taxation 21. One of the Taxing Masters of the Supreme Court will 
of Costs. U p 0n the request of the Tribunal signed by the President tax 
the Costs of and incidental to Appeals before the Tribunal 
where Costs are ordered by the Tribunal to be paid by any of 
the parties to such Appeals and such costs have not been fixed 
by the Tribunal. 

Deposit of 22. The Certificate of the Taxing Master shall be deposited 

Taxation j^y the person entitled thereto with the Clerk of the Tribunal 

' who will endorse and sign the original and the Office Copy of 

the Order of the Tribunal with the amount of the taxed costs so 

certified and the Office Copy of the Order so endorsed and signed 

shall be sufficient proof in any Court of Law of the amount due 

for costs payable on the said Order of the Tribunal. 

Case Stated. 

23. Application by any party to an Appeal to the Tribunal to 
state a case for t* 16 P inion of the High Court on any question 
of law involved in any Appeal submitted to them shall be by 
notice addressed to the Clerk of the Tribunal at the Office of 
the Tribunal. A copy of such notice shall be sent by the party 
requesting a case to the other party or parties to the Appeal. 



TRIBUNAL OF APPEAL REGULATIONS. 171 

24. In case of any change in the constitution of the Tribunal 
whether by death, retirement, or otherwise, after the order of tf 
the Tribunal is made in any Appeal and before a case is stated, Tribunal 
the remaining members of the Tribunal by whom the case was g^ted 
heard shall state the case. 

Records. 

25. The original Order of the Tribunal and all documents Documents 
lodged in connection with any Appeal and any other documents ^pjjjjj 
retained by the Tribunal shall remain deposited in the Office of as records. 
the Tribunal as records. 

Inspection of Records. 

26. The documents mentioned in Regulation 25 shall be open Records 
to inspection by any person on payment of the fee provided 

by these Regulations at the Office of the Tribunal between the 
hours of 11 and 3 (Saturdays 11 to 1). 

Office Copies of Records. 

27. Office copies under the Seal of the Tribunal of Orders and Office 
other documents of record shall be admissible in evidence for co 
all purposes of the Statutes and these Regulations made there- 
under to the same extent as the originals would be admissible. 
Any documents purporting to be a copy and appearing to be 
sealed with the seal of the Tribunal shall in the absence of 
evidence to the contrary be deemed to be an Office copy of the 
document of which it purports to be a copy and shall be admis- 
sible in evidence without further proof. 

Office copies of such Orders and other documents may, sub- 
ject to the approval of the Tribunal, be supplied to persons 
other than parties to an Appeal upon payment of the fees 
provided for by these Regulations. 

Copies other than Office Copies. 

28. Copies other than Office copies of Orders and other Copies 
documents of record shall be supplied to any person on payment other than 
of the fee or fees provided for by these Regulations. 



Fees Payable to the Tribunal. 

29. The fees to be paid to the Tribunal by Appellants and Fees pay- 
others are as follows : able - 

s. d. 
Lodging Appeal ...... 200 

View ........ 200 

* Hearing, not exceeding 5 hours - - - 5 
Certificate of the Clerk under any of these 

regulations ...... 050 



17ia TRIBUNAL OF APPEAL REGULATIONS. 



-050 



Transmission to the Central Office of the 

Supreme Court under Regulations 18 

&19 
Certificate of the President of the Tribunal 

under Regulations 16 & 18 - 
Order - 

Stating Special Case 
Inspection of an Order - 
Inspection of File of Proceedings - 
Copy of Regulations of the Tribunal - 
Office Copies 6d. per folio. Plans, etc., 

according to work involved. 
Copies other than Office Copies 4d. per folio. 

Plans, etc., according to work involved. 

* In addition to the above Hearing fee an additional fee of One Pound 
per hour shall be paid by the Appellant for each hour or part of 
an hour occupied in the Hearing over and above the first 5 hours. 

All fees shall be payable in Cash in advance, and in any case 
in which an Appellant may have paid an amount in excess of 
the fees due, the party so paying shall be entitled to the return 
of any amount so paid in excess, by the Comptroller of the 
London County Council, upon the Certificate in writing of the 
President of the Tribunal endorsed upon a form provided for 
that purpose. 

SCHEDULE (see Regulation 5). 



Section of 
London 
Building 
Act, 1894. 


Subject of Appeal. 


Authorities and Persons 
to whom Notice to 
be given. 


6(8) 


The Superintending Architect's deter- 


The Superintending Archi- 




mination as to the level of the 


tect. 




ground. 


The District Surveyor. 


13(3) 


The Council's determination that the 


The Local Authority. 




prescribed distance shall be greater 
than 20 feet from the centre of the 






roadway. 




18 (4) 


The Council's consent as to the erec- 


The Local Authority. 




tion, etc., of any building, etc., at 


The Owners and Occupiers 




a distance less than the prescribed 


of the nearest building on 




distance from the centre of the 


each side of the proposed 




roadway. 


building. 


19 


The refusal or conditional grant of the 
Council's sanction to the laying 


The Local Authority. 




out of streets, etc., under Part II. 






of this Act or any condition im- 






posed by the Council. 





TRIBUNAL OF APPEAL REGULATIONS. 



1716 



Section of 
London 
Building 
Act, 1894. 


Subject of Appeal. 


Authorities and Persons 
to whom Notice to 
be given. 


19 


The refusal by a District Surveyor of 
his Certificate to plans of a build- 


The District Surveyor. 
The Local Authority. 




ing or structure to be altered or re- 






erected under Section 13. 




26 


The Certificate of the Superintending 


The Superintending Archi- 




Architect as to the general line of 


tect. 




buildings. 


The Local Authority and 






all other persons entitled 






under Section 24.to notice 






of the Superintending 






Architect's Certificate. 


29 


The Certificate of the Superintending 


The Superintending Archi- 




Architect determining in what 


tect. 




street or streets a building or 


The Local Authority and 




structure is situate. 


all other persons entitled 






under Section 24 to notice 






of the Superintending 






Architect's Certificate. 


43 (i) 


The decision of the Council or a Dis- 


The London County Council 


& (Hi) 


trict Surveyor under this Section. 


or District Surveyor as 






the case may be. 


44 


The Council's determination in cases 


The Local Authority, 




where a person desires to re- 






arrange a cleared area. 




46 


The Superintending Architect's Certi- 
ficate determining the front and 


The Superintending Archi- 
tect. 




rear of a building. 




48 (26) 


The Council's refusal to allow a build- 


The Owner or Lessee of any 


& (4) 


ing to be erected to a greater 


building or land within 




height than the prescribed height. 


100 yards of the building 






to which] the refusal re- 






lates. The notice in this 






ease to be given in such. 






manner as* the Council 






may direct. 


78 


The District Surveyor's requirements 


The District Surveyor. 




respecting the construction of pub- 






lic buildings. 




79 


The District Surveyor's requirements 


The District Surveyor. 




respecting the conversion of any 






building in this Section mentioned 






into a public building. 




122 


The Council's refusal to permit, or 


The Council* ;i Engineer, 




any regulation of the Council, or 


The Local Authority, 




decision of their Engineer, or re- 






quirement or condition made by 






him, as to the erection or the 






adaption for use of a building as a 






dwelling-house on low-lying land. 





172 

The preceding Regulations are made by the Tribunal of Appeal in 
accordance with the London Building Act, 1894, Section 184. 

IN WITNESS whereof the Seal of the Tribunal is 
hereunto affixed in accordance with the Resolution of 
the Tribunal of the 23rd day of April, 1914. 

A. A. HUDSON, 

President of the Tribunal. 

CHAS. H. LOVE, 
Clerk of the Tribunal. 
Approved : 

HALDANE, C. 




THE TEIBUNAL OF APPEAL. 

Scale of fees to be paid to district surveyors, and made 
under the London Building Act, 1894, Section 156, page 
118. 

The following fees shall (unless the Tribunal shall in 
any case direct otherwise) be paid by the London County 
Council to a district surveyor for any work done by such 
district surveyor in relation to the preparation of evidence, 
and giving the same before the Tribunal of Appeal. 

Higher Scale. Lower Scale. 

8. D. 8. D. 

For each day's attendance before 
the Tribunal, to include all work 
in relation to the preparation of 
evidence and giving the same -220 110 

The Higher Scale shall apply to all cases relating to lines 
of frontage, laying out of streets, open spaces about build- 
ings, height of buildings, conversion of buildings into 
public buildings and low-lying lands. The Lower Scale 
shall apply to all other cases. 

Signed on behalf of the Tribunal of Appeal in accordance 
with a resolution of the Tribunal of December 13, 
1895. 

ARTHUR GATES, 
Chairman of the Tribunal. 



173 



SECTION B. 

THE LONDON BUILDING ACT, 1894 
(AMENDMENT) ACT, 1898. 

PREAMBLE. 

SECTION P AOE 

1. Short title 174 

2. London Building Act, 1894, and this Act to be read and 

construed as one 174, 175 

3. Notice to set back buildings .... 175,. 176 

4. Height of working-class dwellings in certain streets - 176 

5. Service of summons and orders 176, 177 
6, 7. Amendment of Section 200, sub. (3) (e), of Act of 1894 177, 178 

8. Stock Exchange buildings, a public building - - 178 

9. Saving for gas companies 178 

10. Costs of Act 178 



174 



SECTION B. 

THE LONDON BUILDING ACT, 1894 
(AMENDMENT) ACT, 1898. 

61 & 62 VICT., c. 137. 

An Act to amend the London Building Act, 1894. 
[For arrangement of Sections, see Table of Contents, page 173.] 

[25th July 1898.] 

57 & 58 Viet., WHBBBAS it is expedient to amend the provisions contained 
c. coxiii. i n the London Building Act 1894 with respect to the 
erection or extension of buildings or structures and the 
formation or extension of forecourts or other spaces in 
front of buildings or structures within the prescribed 
distance from the centre of the roadway of the street in 
which such buildings or structures are situated the height 
of working-class dwellings erected on the side of certain 
streets the service of notices summonses and orders in 
relation to dangerous or neglected structures and the 
procedure in relation to certain offences under the said 
Act: 

And whereas the objects aforesaid cannot be attained 
without the authority of Parliament : 

May it therefore please your Majesty that it may be 
enacted and be it enacted by the Queen's most Excellent 
Majesty by and with the advice and consent of the Lords 
Spiritual and Temporal and Commons in this present 
Parliament assembled and by the authority of the same 
as follows : 

Short title. 1 This Act may be cited as the London Building Act 
1894 (Amendment) Act 1898. 

2 The London Building Act 1894 (in this Act referred 
to as "the principal Act") as amended by this Act and 



(AMENDMENT) ACT, 1898. 175 

this Act shall be read and construed together as one Act Sec. 2. 
and words and expressions used in this Act shall unless Act of 1894 
the context otherwise requires bear the meanings assigned Act to be 
to them in the principal Act and any references in 
principal Act to any part or provisions of the principal 
Act shall be construed as referring to such part or pro- 
visions as amended by this Act. 

3 (1) In every case where any new building or new Notice to 
structure or any part thereof is erected or any building or 
structure or any part thereof is extended in such manner &c. 
that any external wall of such building or structure or (if 
there be a forecourt or other space between such external 
wall and the roadway) any part of any external fence or 
boundary of such forecourt or space shall be at a distance 
in any direction from the centre of the roadway of any 
street or way (being a highway) less than the distance 
permitted under Part II. of the principal Act or contrary 
to the conditions and terms (if any) subject to which the 
Council or the tribunal of appeal has sanctioned the 
erection or extension of such building or structure the 
Council may serve a notice upon the owner or occupier 
of the said building structure fence or boundary or upon 
the builder requiring him to cause such building structure 
fence or boundary or any part thereof to be set back so 
that every part of any external wall of such building or 
structure or of the external fence or boundary of such 
forecourt or space shall be at a distance in every direction 
from the centre of the roadway of such street or way not 
less than the distance permitted under Part II. of the 
principal Act and shall be in accordance with such con- 
ditions and terms (if any) as the Council or tribunal of 
appeal may have prescribed : 

(2) Any notice served under the provisions of this section 
shall be deemed to be a notice empowered to be served 
under Part II. of the principal Act within the meaning of 
the second subsection of the two hundredth section of the 
principal Act which subsection shall be read and construed 
and take effect as though the words " fence or boundary " 
had been originally inserted therein immediately after the 
word " structure ". 

(3) The fourteenth section of the principal Act is hereby 



176 



THE LONDON BUILDING ACT, 1894. 



Sec. 3. 



Height of 
working- 
class 
dwellings 
in certain 
streets. 



repealed and from and after the passing of this Act the 
principal Act shall be read and have effect as if this 
section had been inserted therein instead of the said 
fourteenth section. 

(4) Nothing in this section shall affect the exercise of 
any powers conferred upon any railway company by any 
special Act of Parliament for railway purposes. 

See London Building Act, 1894, Section 14, page 29. 

It was held in the case of Rea v. L.C.C. that the Council have no 
power to give notice requiring the owner of land between a building 
newly erected to set back the enclosing wall forming the space 
between the new erection and the street so as not to be less than the 
prescribed distance. Rea v. L.C.C., L.R. (1911) 1 K.B. 740. 

4 The proviso of subsection 5 of section 13 of the prin- 
cipal Act commencing with the words " Provided always 
that no dwelling-house " is hereby so far as the said pro- 
viso relates to dwelling-houses inhabited or adapted to be 
inhabited by persons of the working-class and situate out- 
side the city amended so that it shall hereafter be read and 
have effect as if the words " a distance of twenty feet from 
the centre of the roadway " were substituted for the words 
" the prescribed distance " wherever the words " the pre- 
scribed distance " occur in the said proviso. 

See notes at end of Section 13, Sub-section 5, L.B. Act, 1894, as 
the cases there mentioned are thus overruled by this section, page 28. 



service of 5 Section 188 of the principal Act shall not apply to 
8U " imo , nses any notice summons or order to be served upon the owner 

and orders n 1,1,1 

relating to or occupier ot a dangerous or neglected structure, 
or neg r - U8 S^ny such notice summons or order may be served on the 
structures owner or occu pi er f tne dangerous or neglected structure 
by delivering a copy thereof to some person on the pre- 
mises to which such notice summons or order relates or 
if no person be found on the premises then by fixing the 
same or a copy thereof on some conspicuous part of the 
premises to which it relates and in the case of a railway 
company by delivering a copy thereof to the secretary at 
the principal office of the company and in any such notice 
summons or order it shall be sufficient to describe the 
owner or occupier as " the owner " or " the occupier " and 
the same may be addressed to the owner or occupier by 



(AMENDMENT) ACT, 1898. 177 

the description of " the owner " or " the occupier " of the Sec. 5. 
premises (naming the premises) to which the same relates 
without further name or description ; 

Provided always that when the owner of any dangerous 
or neglected structure and his residence are known to the 
Council it shall be the duty of the Council to send a copy 
of every such notice summons or order by registered post 
addressed to the usual or last known residence of such 
owner. 

In this section the expression " structure " shall have 
the meaning assigned to it in Part IX, of the principal 
Act. In cases where a dangerous structure is situate with- 
in the City this section shall be read as if the Corporation 
were named therein instead of the Council. 

See London Building Act, 1894, Section 102, page 92. 

6 Subsection (3) (e) of the two hundreth section of the Amend- 
principal Act shall hereafter be read and construed and Action 200, 
take effect as though the word " retains " had been inserted 
therein immediately after the word " erects " and the 1894. 
words "approval or" had been inserted therein immedi- 
ately before the word " license " wherever such word occurs 
therein. 

7 Every person who does any of the things specified Amend- 
in paragraphs (a) (d) and (e) of subsection (3) of section ScSon 
200 of the principal Act as amended by this Act shall be JJ A * t c J 
liable on conviction to a penalty not exceeding forty shil- i894. c 
lings for every such offence and the court before whom an 
information is laid by the Council in respect thereof may 
in addition to imposing such penalty make an order in 
writing directing such person to demolish the building or 
structure complained of or any part thereof or to comply 
with the conditions contained in any consent license or 
approval granted by the Council for the setting up erection 
adaptation alteration or retention of such building or struc- 
ture and such order of the court shall be deemed to be the 
order of the court within the meaning and for the purposes 
of the third subsection of the two hundreth section of the 
principal Act and the imposition of any penalty under the 
provisions of this present section shall be without prejudice 

12 



178 LONDON BUILDING ACT, 1894 (AMENDMENT), 1898. 

Sec. 7 to any proceedings under the third subsection of the two 
hundredth section of the principal Act for the daily penalty 
therein mentioned or under any other provisions of the 
principal Act or otherwise but so that no person shall be 
liable to more than one penalty (other than daily penalties ) 
for the same offence. 



AS to the 8 The buildings and premises of the Stock Exchange 
Exchange within the City of London shall for the purposes of this 
buildings, and the principal Act be deemed to be a public building 
within the meaning of such Acts. 

See London Building Act, 1894, Section 78, page 71. 

Saving for 9 Nothing in this Act contained shall in any way 
ta ^ e away alter prejudice or affect any of the powers rights 
or privileges conferred upon a gas company by any Act of 
Parliament and as existing immediately before the passing 
of the principal Act. 



Costs of 
Act. 



10 The costs charges and expenses preliminary to and 
of and incidental to the preparing applying for obtaining 
and passing of this Act shall be raised and paid by the 
Council as part of their general expenses. 



179 



SECTION C. 

LONDON BUILDING ACTS 
(AMENDMENT) ACT, 1905. 

PREAMBLE. 
SECTION PAGE 

1. Short title ... - - - 182 

2. Acts of 1894 and 1898 and this Act may be cited together 182 

3. Commencement of Act 182 

4. Extent of Act 182 

5. Definition of fire-resisting materials .... 182 

6. Interpretation 182-184 

7. Protection against fire in certain buildings - - 184-187 

8. As to occupation of certain buildings during rebuilding - 187 

9. Protection against fire in certain existing buildings 187-189 

10. Projecting shops 189 

11. Rules for living rooms over premises used for storage of 

inflammable liquid 190 

12. Means of access to roofs 190-192 

13. Conversion of buildings - - - - - . - - 192 

14. Means of escape to be maintained 192 

15. Power to owner to enter notwithstanding provisions of 

lease 192, 193 

16. Duties of District Surveyors under Act - 193 

17. District Surveyors to notify Council in certain cases 193, 194 

18. Fees to District Surveyors 194 

19. Exemption of owner from penalty on conviction of actual 

offender 194, 195 

20. Apportionment of expenses borne by owners - - 195, 196 



180 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

PAGE 

21. Arbitration as to incidence of damage .... 196 

22. As to appeals under Act 197 

23. Power of entry to Council and their Officers and District 

Surveyors 198, 199 

24. Offences against Act 199-201 

25. Repeal of scheduled enactment 201 

26. Certain provisions of Act not to apply to factories, work- 

shops, or common lodging-houses .... 201 

27. Incorporating certain provisions of Act of 1894 - 201, 202 

28. For protection of Inns of Court ... J - 202 

29. Exempting certain property of dock companies - 202, 203 

30. ,, ,, railway companies - 203 

31. ,, electric lighting com- 
panies - 203 

32. Exempting generating station of Underground Electric 

Railways Company of London, Limited - - - 203 

33. Exempting certain property of Gas Companies - - 203 

34. As to banks and insurance offices - - - 203 

35. As to Stock Exchange buildings - 204 

36. Exempting buildings of public wharfingers - - - 204 

37. Exempting Royal Albert Hall - 204 

38. For protecting Metropolitan, District, Baker Street and 

Waterloo, Great Northern, Piccadilly and Brompton, 
and Charing Cross, Euston, and Hampstead Railway 

Companies - 204 

39. Exempting certain buildings 205 

40. Bonded warehouses to be exempt . - - - 205 

41. Saving rights of Crown - ... 205 

42. Duchy of Cornwall - 205, 206 

The First Schedule - - 207-209 

The Second Schedule. Parts I. and II. - 209, 210 

The Third Schedule 210 



181 



LONDON BUILDING ACTS 
(AMENDMENT) ACT, 1905. 

5 EDW. 7, CAP. 209. 

[For arrangement of Sections see Table of Contents, pp. 179 and 180.] 



An Act to amend the Acts relating to buildings in London 
to confer various powers on the London County Council 
and for other purposes. 

[llth August 1905.] 

WHEREAS the provisions contained in the London Building A.D. 1005. 
Act 1894 (hereinafter referred to as "the Act of 1894 ") 
as amended by the London Building Act 1894 (Amend- 
ment) Act 1898 (hereinafter referred to as "the Act 
of 1898 ") and the powers thereunder of the London 
County Council (in this Act referred to as " the Council ") 
are insufficient to secure the provision and maintenance 
of proper means of escape in case of fire from buildings 
in the administrative county of London : 

And whereas it is expedient to amend the said provisions 
in the manner hereinafter set forth and to confer upon 
the Council such further powers with respect to the 
matters aforesaid and otherwise as are hereinafter 
contained : 

And whereas the objects aforesaid cannot be effected with- 
out the authority of Parliament : 

May it therefore please Your Majesty that it may be 
enacted and be it enacted by the King's most Excellent 
Majesty by and with the advice and consent of the Lords 
Spiritual and Temporal and Commons in this present 
Parliament assembled and by the authority of the same 
as follows (that is to say) : 



182 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

Short title. 1 This Act may be cited as the London Building Acts 
(Amendment) Act 1905. 

and s i898 1894 2 The Act of 1894 and the Act of 1898 and this Act 
and this Act may be cited together as the London Building Acts 1894 



to 1905. 

together. 

Com- 3 This Act shall except where otherwise expressly 

Sent of provided come into operation on and shall take effect from 
Act - the first day of January next after the passing thereof 

which date is in this Act referred to as " the commence- 

ment of this Act." 

Extent of 4 This Act shall extend to London and no further. 

Act. 

Definition 5 In the Act of 1894 the Act of 1898 and this Act 
8i8ting re unless the context otherwise requires the expression ' fire- 
material. resisting material " means any of the materials and things 
described or referred to in the First Schedule to this Act. 



tion rpreta " 6^(l) In and for the purposes of this Act unless the 
subject or context otherwise requires 

(i.) The expression "owner" (except as used in the 
section of this Act the marginal note whereof is 
"Fees to district surveyors ") means the person for 
the time being receiving the rackrent of the 
premises in connection with which the said expres- 
sion is used whether on his own account or as 
agent or trustee for any other person or who would 
so receive the same if such premises were let at a 
rackrent but where used in the said section the said 
expression shall have the same meaning as is 
assigned thereto by section 5 of the Act of 1894 : 

See Public Health (London) Act, 1891, Section 141. 

(ii.) The expression "rackrent" means rent which is 
not less than two-thirds of the full annual value 
of the premises out of which the rent arises and 
the full annual value shall be taken to be the annual 
rent which a tenant might reasonably be expected 
taking one year with another to pay for the 
premises if the tenant undertook to pay all usual 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 183 

tenant's rates and taxes and tithe commutation Sec. 6. 
rentcharge (if any) and if the landlord undertook 
to bear the cost of the repairs and insurance and 
the other expenses (if any) necessary to maintain 
the premises in a state to command such rent : 
(iii.) The expression " upper storey " means any storey 
the level of the upper surface of the floor whereof 
is at a greater height than fifty feet above the 
level of the footway (if any) immediately in front 
of the centre of the face of the building in which 
such storey is situate or (where there is no such 
footway) above the level of the ground before 
excavation ; 

See London Building Act, 1894, Section 5 (8), (21),, pages 13 and 15. 

(iv.) The expression " high building " means any building 
any storey whereof is an upper storey as herein- 
before defined : 

(v.) The expression " new building " means any build- 
ing the actual erection of which above the footings 
shall not have been bona fide and substantially 
commenced at the date of the commencement of 
this Act or which has been taken down burnt or 
destroyed for more than one-half of its cubical 
extent and re-erected or commenced to be re- 
erected after such date or of which the cubical 
extent has been increased after such date by an 
amount equal to the cubical extent of the building 
as existing before such increase and any existing 
building which by reason of any alteration thereof 
or addition thereto becomes a high building after 
such date : 

See Section 7 (3), page 186. 

(vi.) The expression " existing building " means any 

building not being a new building : 

(vii.) The expression " certified building " means any 
building in respect whereof the Council shall have 
issued a certificate or which the tribunal of appeal 
shall have determined to have been provided with 
means of escape under the provisions of the section 



184 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905 

Sec. 6 of this Act of which the marginal note is " Pro- 

tection against fire in certain new buildings " : 

See Section 7, pages 184-187. 

(viii.) The expression "the tribunal of appeal" means the 
tribunal of appeal constituted by the Act of 1894 : 

See London Building Act, 1894, Sections 175 to 186, pages 127-130. 

(ix.) The expression " plans " means plans sections and 

elevations. 

(2) Words and expressions used in this Act shall unless 
other meanings are assigned to them by this Act or the 
context otherwise requires bear the meanings respectively 
assigned to them by the Act of 1894 and any reference in 
the Act of 1894 or in the Act of 1898 or in this Act to any 
part or provisions of the Act of 1894 or to any schedule 
or part of any schedule to the Act of 1894 shall be construed 
as referring to such part or provisions or schedule or part 
of a schedule as amended by the Act of 1898 and by this 
Act respectively. 

Protection 7 (1) Every new building (except a dwelling-house 
fn certain occupied as such by not more than one family) which is 
new build- (a) A high building ; or 

(6) A building in which sleeping accommodation is 
provided for more than twenty persons or which 
isjoccupied or constructed or adapted to be occu- 
pied by more than twenty persons or in which 
more than twenty persons are employed or which 
is'* constructed or adapted for the employment 
therein of more than twenty persons ; 
shall be'provided in accordance with plans approved by the 
Council or (in the event of an appeal) the tribunal of appeal 
with all such means of escape therefrom in case of fire as 
can be reasonably required under the circumstances of the 
case. The owner of the building shall before or at the 
same time that the building notice under section 145 
(Notices to be given to surveyor by builder) of the Act of 
1894 in respect of such building is served on the district 
surveyor deposit or cause to be deposited at the county 
hall a notice stating the like matters and particulars as are 
required by the last-mentioned section to be stated in a 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 185 

building notice thereunder together with a copy (which Sec. 7. 

may be a sun-print or photographic reproduction on paper) 

of the plans prepared for such new building showing so far 

as may be necessary for the purposes of this Act the means 

of escape proposed to be provided in connection with such 

building. 

It shall be lawful for the Council at any time within 
the period of one month or in the event of such period of 
one month commencing or expiring on any day between the 
first day of August and the fourteenth day of September 
both inclusive then within the period of two months after 
the deposit as aforesaid of such plans to refuse to approve 
such plans or to approve the same subject to such condi- 
tions (if any) as they may prescribe provided that the 
Council shall within such period as aforesaid give notice 
to the applicant of such refusal or conditional approval 
stating fully all their reasons for such refusal or for the 
imposition of such conditions as the case may be. Provided 
that if within the period limited as aforesaid the Council 
fail to give notice of their refusal to approve any such plans 
or of the conditions subject to which they approve any 
such plans they shall be deemed to have approved such 
plans without conditions. 

See Factory and Workshops Act, 1901, Section 14, Sub-section 1, 
page 337. 

See also Section 22, Sub-section 1 (a), page 197, as to appeals. 

The plans are to be deposited before or at the same time as 
building notice under Section 145 of London Building Act, 1894. It 
was held that delay in depositing plans does not deprive the owner of 
his right to have the plans considered by the Council. London 
County Council v. Spink & Son [(1908) 2 K.B. 447], Builder, 
August 3rd, 1907. 

(2) No upper storey in any high building not being of 
the class referred to in paragraph (b) of sub-section (1) of 
this section and no part of any building of the class referred 
to in the said paragraph shall be occupied or let for occupa- 
tion until the Council shall have issued a certificate or (in 
the event of an appeal) the tribunal of appeal shall have 
determined that such building has been provided with 
means of escape in accordance with plans approved as 
aforesaid by the Council or the tribunal of appeal (as the 
case may be) and that the conditions (if any) subject to 



186 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

Sec. 7. which such plans were so approved have been complied 
with Provided that unless the Council shall with in four- 
teen days after notice of completion of any such building 
shall have been given to the Council by the owner notify to 
the owner that such certificate is refused and the grounds 
of such refusal such certificate shall be deemed to have been 
duly issued. 

For penalty, see Section 24, Sub-section 1 (a), page 199. 

(3) If by reason of any structural alteration or addition 
of a substantial character of or to any certified building 
(being a building of the class referred to in paragraph (6) 
of sub-section (1) of this section) the sleeping accommoda- 
tion in such building is substantially increased and the risk 
of fire in such building or the difficulty of escaping there- 
from in case of fire is thereby substantially increased or if 
the number of persons occupying or employed or dwelling 
in the upper storeys of any certified building (being a high 
building but not being a building of the class referred to in 
the said paragraph) or in any part of any certified building 
(being a building of the class referred to in the said para- 
graph) is substantially increased and the risk of fire in the 
upper storeys of such building (being a high building) or in 
any part of such building (being a building of the class 
referred to in the said paragraph) or the difficulty of 
escaping from any such upper storey or part of a building 
(as the case may be) in case of fire is thereby substantially 
increased or if by reason of any change of circumstances in 
or affecting any certified building the risk of fire in such 
building is substantially increased or escape from such 
building or any such upper storey as aforesaid (as the case 
may be) in case of fire is rendered substantially more 
difficult or if by reason of any material change in the mode 
of user of any certified building the risk of fire in such 
building is substantially increased or escape from such 
building or from any such upper storey as aforesaid (as the 
case may be) in case of fire is rendered substantially more 
difficult then and in any of such events the certificate issued 
by the Council or the determination of the tribunal of 
appeal (as the case may be) in respect of such building shall 
thenceforth be void and of none effect and such building 
shall thenceforth cease to be a new building and be deemed 
to be an existing building : 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 187 

Provided that the notice to be served on the owner of Sec. 7. 
such building by the Council under the provisions of the 
section of this Act whereof the marginal note is " Protec- 
tion against fire in certain existing buildings " shall if the 
owner request the Council in writing so to do (giving 
particulars of any proposed or completed alteration addition 
or change of circumstances) be served within two months 
after the receipt by them of such written request and that 
if notwithstanding such written request no such notice is 
so served within the period aforesaid such building or the 
upper storeys of such building as the case may be shall be 
deemed to be in the opinion of the Council provided with 
proper and sufficient means of escape in case of fire. 

(4) Nothing in this section contained shall authorise 
the Council to require in the case of a building being a high 
building and not being a building of the class referred to 
in paragraph (b) of sub-section (1) of this section any means 
of escape from any storey other than an upper storey. 

8 Nothing in sub-section (2) of the section of this Act AS to occu- 
whereof the marginal note is "Protection against fire incertahi f 
certain new buildings " shall prevent the continuous occupa- buildings 

-i i -i n- , i M T , during re- 

tion during rebuilding 01 any portion of any building to building, 
which the said sub-section applies and which has been 
partially taken down burnt or destroyed. 

9 (1) From and after the first day of January one Protection 
thousand nine hundred and seven in the case of any existing 
building (except a dwelling-house occupied as such by 
more than one family) which is 
(a) A high building ; or 

(6) A building in which sleeping accommodation is 
provided for more than twenty persons or which is 
occupied by more than twenty persons or in which 
more than twenty persons are employed ; 
the Council if in their opinion such building is not pro- 
vided with proper and sufficient means of escape therefrom 
in case of fire may at any time serve on the owner of such 
building a notice requiring him to provide such means of 
escape as can be reasonably required under the circum- 
stances of the case. 

Any such notice shall specify in detail the requirements 



188 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

of the Council and the owner of such building shall subject 
to the provisions of this Act execute and do all such works 
and things as may be necessary in order to comply with 
any requirements made by the Council under this section 
and (in the event of an appeal) confirmed or varied by the 
tribunal of appeal as hereinafter provided within such 
period as may be required by the Council or (in the event 
of an appeal) the tribunal of appeal. Provided that if such 
owner shall within twenty-one days after the service of such 
notice have submitted to the Council alternative proposals 
for the provision of means of escape in case of fire and the 
Council shall have in writing accepted the same as satis- 
factory it shall not be necessary for such owner to comply 
with any of the requirements contained in the notice served 
on him by the Council as aforesaid but he shall with all 
practicable despatch after such acceptance as aforesaid 
execute and do all such works and things as may be neces- 
sary in order to provide the means of escape specified in 
such alternative proposals. 

(2) Where any owner of a building has been convicted 
of an offence against this Act 

(a) By failing to comply with any requirement made 

by the Council under this section and (in the 
event of an appeal) confirmed or varied by the 
tribunal of appeal within the period required by 
the Council or the tribunal of appeal (as the case 
may be) ; or 

(b) By failing to execute and do with all practicable 

despatch after such acceptance as aforesaid all such 
works and things as may be necessary to provide 
the means of escape specified in such alternative 
proposals as aforesaid ; 

a petty sessional court may notwithstanding the imposition 
of any penalty make an order prohibiting the occupation of 
such building (being a building of the class referred to in 
paragraph (b) of sub-section (1) of this section) or any part 
or parts of such building or the occupation of any upper 
storey of such building (being a high building and not being 
a building of the class referred to in the said paragraph). 
The costs of any such proceedings and order shall be in the 
discretion of the court. 

Any order made under this sub-section may be at any 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 189 

time amended or discharged by the order of a petty Sec. 9. 
sessional court. 

(3) The Council shall keep at the county hall a register 
(which shall be open at all reasonable times to inspection) 
of all orders made under this section. 

(4) Nothing in this section contained shall authorise 
the Council to require in the case of a building (being a 
high building and not being a building of the class referred 
to in paragraph (b) of sub-section (1} of this section) any 
means of escape from any storey other'than an upper storey. 

See Section 22, pages 197 and 198, for appeals under Act. 

10 (1) Where any part of a building which is used or Projecting 
adapted to be used as a shop projects for a distance of seven shops ' 
feet or more beyond the main front of any building of which 
it forms part and in which any persons are employed or 
sleep the projecting portion of such shop shall be provided 
by the owner with a roof constructed of fire-resisting 
materials not less than five inches thick. 

(2) It shall be lawful to construct or place in or upon 
the roof of the portion of any shop so projecting beyond 
the main front of the building as aforesaid lantern lights 
or ventilating cowls Provided that no such lantern light 
or ventilating cowl shall be constructed or placed so that 
any part thereof will be at a less distance than six feet 
from the main front of the building from which the shop 
projects or within such distance as may be reasonable in 
the circumstances of the case from any other external or 
party wall. Provided also that the sides of such lantern 
light or ventilating cowl (except the side facing away from 
the main building) shall be carried up in fire-resisting 
materials for two feet above the roof in or upon which it is 
constructed or placed. Provided further that no part of 
any such lantern light or ventilating cowl shall project 
above the roof in or upon which the same is constructed 
or placed to a greater extent then five feet. 

(3) The provisions of this section shall extend and apply 
as well to existing as to new buildings. 

(4) The Council or (in the event of an appeal) the 
tribunal of appeal may in any case where it is reasonable 
so to do sanction subject to such conditions if any as the 
Council or (in the event of an appeal) the tribunal of appeal 



190 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

Sec. 10* may impose in giving such sanction the exemption of any 
building from all or any of the provisions of this section. 

Section 12 also applies to this Section, pages 190 and 191. 

Rules for 11 (1) No person shall knowingly or wilfully use or 

rooms over permit to be used either as a living room or as a workshop 

p^mises or workroom any room constructed over or communicating 

sto e rage r of directly with any part of a building used for the storage of 

ab?e liju'id P etr l eu m as defined by section 3 of the Petroleum Act 

' 1871 whether or not petroleum within the meaning of that 

Act or bisulphide of carbon or ether or turpentine or 

methylated spirit or any other inflammable liquid kept for 

sale or trade purposes in such quantities or in such manner 

as to be liable to cause fire or explosion unless there be 

provided in connection with such room according to th'e 

requirements and to the satisfaction of the Council 

(i.) Adequate safeguards to prevent the spread of fire 

from the part of the building used for the storage 

of any such inflammable liquid to such room ; and 

(ii.) Means of ready escape from such room In case of 

fire. 

(2) Nothing in this section contained shall effect or pre- 
judice any jurisdiction vested in the corporation of the 
city of London under the Petroleum Act 1871. 

PETBOLBUM ACT, 1871, 34 & 35 VICT., CHAP. 105. 

Sec. 3 For the purposes of this Act, " petroleum " includes any 
rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal 
schist, shale, peat, or other bituminous substance, any products of 
petroleum or any of the above-mentioned oils, and the term 
'petroleum," to which this Act applies, "means such of the 
petroleum so denned as when tested in the manner set forth in 
Schedule 1 of this Act, gives off inflammable vapour at a tempera- 
ture of less than 100 degress of Fahrenheit's thermometer." 

Means of 12 (1) (A) Every existing building to which the section 
Jooff to of this Act whereof the marginal note is " Projecting shops ' ' 
applies and every other existing building except a dwelling- 
house occupied as such by not more than two families ; and 

(B) Every new building ; 

shall if having more than two storeys above the ground 
storey or if exceeding thirty feet in height be provided 
(unless and except so far as the Council otherwise allow) 
by the owner with either 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 191 

(a) A dormer window or a door opening in a suitable Sec. 12. 

position approved by the district surveyor on to 
the roof with proper access thereto ; or 

(b) A trap door in a suitable position approved by the 

district surveyor covered with copper or zinc and 
hung on hinges so as to admit of the same open- 
ing to the fullest extent and furnished with a 
counterweight so as to ensure that the same shall 
open automatically when unfastened and also 
with a fixed or hinged step-ladder leading to the 
roof; or 

(c) Other proper means of access to the roof ; 

and with a sufficient parapet or guard-rail where reason- 
ably practicable and necessary to prevent persons slipping 
off the roof. Any dormer window or trap-door provided 
under this sub-section shall only be fastened in such a 
manner as to ensure access toithe roof being always readily 
available from the inside of the building. 

Section 22, Sub-section 1 (c), page 197. 

For definition of "height," see L.B. Act, 1894, Section 5, Sub- 
section 21, page 15. 

For penalties, see Section 24, Sub-section 1 (e), page 200. 

This sub-section takes the place of the London Building Act, 
1894, Section 61, Sub-section 2, repealed. 

(2) The Council or (in the event of an appeal) the 
tribunal of appeal may in any case where it is reasonable 
so to do sanction subject to such conditions if any as the 
Council or (in the event of an appeal) the tribunal of appeal 
may impose in giving such sanction the exemption of any 
building from all or any of the provisions of this section. 

(3) This section shall not apply to any building falling 
within either of the sections of this Act the respective 
marginal notes whereof are " Protection against fire in 
certain new buildings " and " Protection against fire in 
certain existing buildings." 

See Sections 7 and 9, pages 184-187, 187-189. 

This section takes the place of Section 61, Sub-section 2, L.B.A., 
1894, which is repealed. 

For penalty as to not keeping in good condition and working 
order the dormer window, trap-door, &c., see Section 24, Sub-section 
1 (/), page 200. 

It appears somewhat difficult to decide whether or not a building 
is a dwelling-house occupied by not more than two families. In 



192 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

Sec. 12. London County Council v. Cannon Brewery Co. (1911), 1 K.B. 235 
the decision of a magistrate that a certain public-house was a 
dwelling-house, and not an existing building to which section 12 
applied, was upheld. 

Conversion 13 No person shall without the consent in writing of 
ings mld ^ ne Council or (in the event of an appeal) the tribunal of 
appeal convert a building in such manner that such build- 
ing when so converted will not be in conformity with the 
provisions of this Act or without such consent knowingly 
or wilfully permit or suffer any building when so converted 
to be used or occupied. Provided that if the Council shall 
not within the period of one month or in the event of such 
period of one month commencing or expiring on any day 
between the first day of August and the fourteenth day of 
September both inclusive then within the period of two 
months after written application to the Council by the 
owner for such consent notify to the owner that such 
consent is refused and the grounds of such refusal such 
consent shall be deemed to have been duly given. For 
the purposes of this section the expression " convert " shall 
include any change of user whether involving any struc- 
tural alteration or not and notice of such conversion shall 
be given to the district surveyor by the owner or occupier 
of the building intended to be converted. 

For appeal to the tribunal of appeal, see Section 22, pages 197 
and 198. 

For penalties for converting without consent, see Section 24, Sub- 
section 1 (*), page 200. 

Means of 14 All means of escape in case of fire provided in 

^ a P etobe accordance with any of the provisions of this Act or other- 

tained. wise shall be kept and maintained by the owner of the 

building in respect whereof they are provided in good 

condition and repair and in efficient working order and no 

person shall knowingly or wilfully obstruct or render less 

commodious or permit or suffer to be obstructed or rendered 

less commodious any such means of escape as aforesaid. 

Power to 15 For the purpose of carrying out or maintaining any 
eTter'not- wor ^ required to be done or maintained by the owner under 
withstand- any of the provisions of this Act it shall be lawful for the 
s?on^ r of vl " owner of any building notwithstanding any provision to 
lease. the contrary contained or implied in any lease or contract 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 193 

affecting such building to enter such building or any part Sec. 15. 
thereof and do all such things therein or in relation thereto 
as may be necessary or proper in that behalf. 

16 (1) The execution of every work to in or upon a Duties of 
building necessary to give effect to the provisions of this JjfS? fiur " 
Act shall be subject to the supervision of the district sur- under Act. 
veyor appointed to the district in which the building is 
situated in like manner as any work done to in or upon 
the building under the provisions of the Act of 1894. 

(2) Particulars of any means of escape required by the 
Council or (in the event of an appeal) the tribunal of appeal 
or to be provided in accordance with plans approved by 
the Council under the provisions of this Act shall be fur- 
nished by the Council to the district surveyor within whose 
district the building to which such particulars relate is 
situate and it shall be the duty of the district surveyor to 
ascertain that such means of escape are properly provided 
in accordance with such particulars and to report to the 
Council any failure to provide -the same. 

(3) Where any of the provisions of the sections of this 
Act whereof the marginal notes are respectively " Projecting 
shops" and "Means of access to roofs" are or become 
applicable to a new or to an existing building the district 
surveyor shall as soon as he discovers that such building is 
not in conformity with such provisions report such non- 
conformity to the Council. 

17 The district surveyor shall notify in writing to the District 
Council every building about to be erected in his district JJ 5otSy B 
to which in his opinion the section of this Ad* the marginal Council in 
note whereof is "Protection against fire in certain new cases" 1 
buildings " would apply and within a reasonable time after 
being requested in writing by the Council shall from time 
to time ascertain and notify in writing to the Council any 
building within his district or any part thereof to which 
in his opinion the section of this Act the marginal note 
whereof is " Protection against fire in certain existing 
buildings " applies and also upon completion of any works 
required to be carried out under either of such sections 
shall notify to the Council whether all the requirements 

13 



194 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905 1 

Sec. 17. made by the Council or the tribunal of appeal (as the case 
may be) have been complied with. 



Pees to 18 (1) The district surveyor shall be entitled to 

district - 

surveyors. 



district rec eive from and shall be paid by the builder employed in 



erecting the building in respect whereof the same are 
chargeable or in doing any work or matter in respect of 
which any service has been performed by such surveyor 
under the provisions of this Act or from the owner or 
occupier of such building or of any building in respect 
whereof such work or matter has been done or service 
performed the fees specified in Part I. of the Second 
Schedule to this Act and the provision of section 157 
(Periods when surveyors entitled to fees) of the Act of 
1894 shall apply to the said fees and the recovery of the 
same. 

(2) The district surveyor shall be entitled to receive 
from and shall be paid by the Council the fees specified in 
Part II. of the said Second Schedule in respect of the per- 
formance of the duties therein mentioned. 

(3) Where any works or services other than those carried 
out or performed in pursuance of this Act are carried out 
or performed in respect of any building the said fees shall 
be in addition to and not in substitution for any fees which 
may be payable under the Act of 1894 in respect of such 
other works or services as aforesaid. 

See London Building Act, 1894, Sections 157 (2), and 166, pages 
119, 123 and 124. 

The builder was carrying out certain works under the 1894 Act 
and other works had to be carried out under section 12 of 1905 Act. 
The fee under the former Act was paid and the district surveyor 
summoned the builder for the fees under the Act of 1905. The 
magistrate decided in the favour of the district surveyor. Payne 
v. Hackett, North London Police Court, Builder, March 9th, 1907. 

Exemption 19 (1) Where an offence under this Act for which 
?ro^n ner *ke owner f an y building is liable under this Act to a 
penalty on penalty has in fact been committed by an occupier or any 
of actual other person that occupier or other person shall be liable 
offender, ^o the same penalty as if he were the owner. 

(2) Where the owner is charged with any such offence 
he shall be entitled upon information duly laid by him to 
have any other person whom he charges as the actual 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 195 

offender brought before the court at the time appointed Sec. 19- 
for hearing the charge against himself and if after the 
commission of the offence has been proved the owner proves 
to the satisfaction of the court that he has used due dili- 
gence to enforce the execution of the provisions of this 
Act and that such other person has committed the offence 
in question without the knowledge consent or connivance of 
the owner that other person shall be summarily convicted 
of the offence and the owner shall be exempt from any 
penalty. The person so convicted shall in the discretion of 
the court be also liable to pay any costs incidental to the 
proceedings. 

20 The owner of any building who has paid or incurred Apportion- 
the expenses of executing any work in respect of 
building which the owner of such building is required 
execute under any provisions of this Act or has paid any 
other expenses which by any such provision as aforesaid 
are required to be borne or paid by the owner may if he 
thinks fit apply to the county court of the district in which 
such building is situate and such court may thereupon 
issue a summons requiring the several persons entitled to 
any estate or interest in the building to appear before the 
court and the court may make such order concerning such 
expenses or their apportionment among all the several 
persons entitled to any estate or interest in the building as 
appears to the court to be just and equitable in the circum- 
stances of the case regard being had to the terms of any 
lease or contract affecting such building. 

A certain number of cases deciding the question as to who is liable 
for the expenses in carrying out the requirements of this Act have 
been decided under the Factory and Workshop Act, 1901, Section 
14 (4), Section 7 (2) of the repealed Factory Act, 1891, being enacted 
in Section 14 (4). 

In Arding v. Economic Printing Company, the tenants of a factory 
covenanted to pay " all rates and taxes, sewers rate, main drainage 
rates, parish dues, &c., and other rates, taxes, and impositions and 
outgoings whatsoever." The other covenant was to pay a fair 
share, and a proportion of all costs and expenses which the lessors 
might be called upon to pay. During the term the lessors as 
owners were called upon to form a means of escape in case of fire 
in accordance with Section 7 of the Factory and Workshop Act, 
1891. The lessors brought an action to recover the expenditure 
against the tenants. Held that the two covenants dealt with 



196 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905, 

Sec. 20. different matters, and that the tenants were liable to pay a fair 
share of the outlay, but not the whole amount so expended. Arding 
v. Economic Printing and Publishing Company (1898), 69 L.T. 420 ; 
G.A. 622. 

In Monk v. Arnold the plaintiff, as owner of a factory, granted a 
lease for a term of years to the defendant. The lease contained a 
covenant by defendant " to pay all rates, taxes, charges, and assess- 
ments and outgoings whatsoever, whether Parliamentary, parochial, 
local, or of any description which now are, or may at any time 
hereafter be assessed, charged, or imposed upon the demised pre- 
mises, or the landlord or occupier in respect thereof." The owner, 
in compliance with a notice from the Council under the Workshops 
Act, 1901, provided means of escape at a large expenditure, and 
now sued the tenants for the whole sum. Held that the expenditure 
was not an " outgoing " within the meaning of the covenant, and 
there was no legal liability on the tenant to pay the whole of the 
amount expended by the plaintiff. Monk v. Arnold (1902), 1 K.B. 
761. 

In Goldstein v. Hollingsworth the lease of bakehouse premises 
contained a covenant by the lessee to pay " all existing and future 
impositions and outgoings of every description for the time being, 
payable either by the landlord or tenant in respect of the said 
premises." The bakehouse being under ground could not be used 
until a certificate was obtained from the Borough Council, and to 
obtain this certain alterations would have to be carried out. Held 
that the expenditure came within the expression above mentioned 
in the lessee's covenant, and the Court refused to order the landlord 
to pay an apportioned part of the expenses. Goldstein v. Hollings- 
worth (1904), 73 L.J. (K.B.) 826. 

In Horner v. Franklin it was held that a landlord who spends 
money in complying with the requirements under the Factory and 
Workshop Act to provide means of escape in case of fire, must 
bring an action by means of an application to the County Court and 
not in the High Court. Horner v. Franklin (1905), 1 K.B. 479. 

See Section 14, Sub-section 4, of the Factory and Workshop Act, 
1901, pages 337-340. 

Arbitration 21 Where the occupier of any building shall claim to 

denceof 1 nave sustained any damage directly and solely caused by 

damage. the construction of any works carried out under this Act 

such claim shall be referred to arbitration and the arbitrator 

shall determine how such damage shall be borne by the 

persons interested in the said building having regard to all 

the circumstances of the case including the terms of any 

lease or contract affecting such building. 

See the Arbitration Act, 1899. 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 197 

Sec. 22 (1) At any time within two months after 

(a) The refusal or conditional grant by the Council of As to ap- 
their approval of any plans deposited pursuant to Act! 8 1 
the section of this Act the marginal note whereof 
is " Protection against fire in certain new build- 
ings " or the refusal by the Council to issue a 
certificate pursuant to the same section ; 

See Section 7, pages 184-187. 

(6) The service on the owner of any building of notice 
of any requirement of the Council under the 
section of this Act the marginal note whereof 
is "Protection against fire in certain existing 
buildings ' ' ; 

See Section 9, pages 187-189. 

(c) The making of any requirement with respect to any 

building under the section of this Act the marginal 
note wherefore is " Projecting shops " or any re- 
fusal or conditional grant of the sanction of the 
Council to any exemption under the last-men- 
tioned section or the section of this Act the 
marginal note whereof is " Means of access to 
roofs " ; 

See Sections 10 and 12, pages 189, 190 and 191. 

(d) The making of any requirement by the Council 

with respect to any building under the section of 
this Act the marginal note whereof is " Eules for 
living rooms over premises used for storage of 
inflammable liquid " ; or 
See Section 11, page 190. 

(e) Any refusal of the consent of the Council under 

the section of this Act the marginal note whereof 
is " Conversion of buildings " ; 
See Section 13, page 192. 

the owner of the building to which such requirement or 
refusal or conditional grant relates may if he think fit 
appeal to the tribunal of appeal. 

Appeals must be made within fourteen days after notice of the 
decision appealed against has been given or served. See Regula- 
tions of the tribunal of appeal, page 167, 



198 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

Sec. 22. An appeal was heard before the tribunal of appeal under Section 
22, Sub-section 1, against the conditional grant by the Council of 
their approval of the means of escape in case of fire as shown on the 
plans submitted for approval. The building (Nos. 13 and 15 Leather 
Lane) had a total height of thirty-five feet above the pavement 
level, and consisted of one room twenty-five feet by twenty-four feet 
on each floor. The floors were of steel and concrete construction 
throughout. The Council wanted smoke lobbies provided on each 
floor, with direct ventilation to the outer air. The tribunal of appeal 
decided that the requirements of the L.C.C. were unreasonable in 
this case, and therefore allowed the appeal with costs against the 
Council. H. T. Tubbs v. London County Council, Builder, August 
18th, 1906. 

An appeal was heard before the tribunal of appeal against the 
Council's refusal to approve the means of escape in case of fire to be 
provided at a new building as shown on a revised plan. The build- 
ing consisted of four floors part of which was over a public way. 
The floors were of steel and concrete throughout but the Council 
desired smoke lobbies. The tribunal allowed the appeal. Tubbs v. 
London County Council, Builder, October 19th, 1907. 

See Spink & Son v. London County Council, page 185. 

(2) The National Telephone Company Limited shall in 
any case where they are the occupiers (without being also 
the owners) of any building or part of a building containing 
plant which is used for or in connection with public tele- 
phonic communication to which any such requirement or 
refusal or conditional grant relates have the like right of 
appeal against such requirement refusal or conditional 
grant as the said company would have had if they had 
been the owners of such building or part of a building and 
the Council shall give or cause to be given to the said com- 
pany full and detailed particulars of any such requirement 
refusal or conditional grant upon or contemporaneously 
with such requirement refusal or conditional grant. 

Power of 23 (1) For the purpose of exercising their powers or 

council performing their duties under this Act it shall be lawful 

and their for the Council or any officer of the Council duly authorised 

district sur- in writing by the Council in that behalf (which authority 

veyors. such officer shall produce if required) at all reasonable 

times and after reasonable notice to enter inspect and 

examine any building structure or premises to which he 

has reasonable grounds for thinking that the provisions of 

this Act apply. 

(2) For the purpose of performing his duties under this 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 199 

Act it shall be lawful for the district surveyor at all Sec. 23. 
reasonable times to enter inspect and examine any build- 
ing structure or premises. 

24 Subject to the provisions of this Act every person offences 
who does any of the things specified in this section shall a ^ ainst Act - 
be deemed to have committed an offence against this Act 
and shall be liable upon conviction in a summary manner 
to a penalty not exceeding the amount hereinafter specified 
in connection with such offence and to a further penalty 
not exceeding the amount hereinafter specified as the daily 
penalty in connection with such offence for every day on 
which the offence is continued (that is to say) : 

(1) Every person who 

(a) Occupies permits to be occupied or lets for occupa- 
tion any upper storey or any part of any building 
in contravention of the provisions of the section 
of this Act the marginal note whereof is " Pro- 
tection against fire in certain new buildings " ; or 

(6) (i.) Fails to comply with any requirement made 
by the Council under the section of this Act the 
marginal note whereof is " Protection against fire 
in certain existing buildings " and (in the event 
of an appeal) confirmed or varied by the tribunal 
of appeal within such time as may be required 
by the Council or the tribunal of appeal ; or 

(ii.) Fails to execute and do with all practicable de- 
spatch after acceptance by the Council of any 
alternative proposals under the said section for 
the provision of means of escape in case of fire 
all such works and things as may be necessary 
to provide the means of escape specified in such 
alternative proposals ; or 

(iii.) Occupies or permits to be occupied any part of 
or storey in a building after the making of an 
order of a petty sessional court under the said 
section prohibiting the occupation of such part of 
or such storey in such building unless such order 
has been discharged as in the said section pro- 
vided ; or 

(c) Fails to deposit or cause to be deposited at or 



200 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

Sec. 24- within the time at or within which the same are 

by the respective provisions relating thereto re- 
quired to be deposited any notice or plans required 
to be deposited under the provisions of this 
Act ; or 

(d) Knowingly or wilfully uses or permits to be used 

any room in contravention of the provisions of 
the section of this Act the marginal note whereof 
is " Rules for living rooms over premises used for 
storage of inflammable liquid " ; or 

(e) Fails to comply with the provisions of the sections 

of this Act the respective marginal notes whereof 
are " Projecting shops " and " Means of access to 
roofs " ; or 

(f) Neglects to keep and maintain in good condition 

and repair and in efficient working order or ob- 
structs or renders less commodious or permits or 
suffers to be obstructed or rendered less commodi- 
ous any means of escape in case of fire provided 
in accordance with any of the provisions of this 
Act or otherwise ; or 

(g) Eefuses to admit any officer of the Council or 

district surveyor or other person when entitled 
so to do under this Act to enter survey inspect or 
examine any building structure work or premises 
which such officer or surveyor or other person is 
by this Act authorised to enter survey (inspect or 
examine or refuses or neglects to afford him all 
reasonable facilities and assistance in such survey 
inspection or examination ; or 

(h) Hinders or obstructs any persons empowered by 
this Act to enter and remain on any premises for 
the purpose of executing or maintaining and to 
execute or maintain any work required by this 
Act to be executed or maintained ; or 

(i) Knowingly or wilfully converts or permits or suffers 
to be used or occupied a building in contravention 
of the provisions of the section of this Act the 
marginal note whereof is "Conversion of build- 
ings " ; or 

(/) Does any other thing prohibited by this Act or 
fails neglects on omits to do any other thing 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 201 

which he is required to do under or in pursuance Sec. 24. 

of this Act ; 

shall be liable to a penalty not exceeding twenty pounds 
and a daily penalty not exceeding ten pounds : 

(2) The liability to these penalties shall be without pre- 
judice to any other proceedings whether under the Act of 
1894 or this Act or any by-law or regulation made under 
the Act of 1894 or otherwise but so that no person shall 
be punished twice for the same offence : 

(3) All such penalties as aforesaid shall be recoverable 
in a summary manner and the provisions of section 169 
(Application of penalties) of the Act of 1894 shall extend 
and apply to all penalties recovered by the Council under 
this Act. 

25 The Act specified in the Third Schedule to this Act ^ c ep e e d a ^ 
is hereby repealed to the extent specified in the third and enactment, 
fourth columns of that schedule. 

26 (1) The provisions of this Act shall not apply to Certain 
any building the whole of which is a factory or workshop oflctloUo 
within the meaning of section 14 of the Factory and apply to 
Workshop Act 1901 or to any common lodging-house workshops 
within the meaning of any statute for the time being in JJagJJ 011 
force relating to common lodging-houses within London, houses. 

(2) Nothing in this Act shall empower the Council to 
require as regards any building while used in part as a 
factory or workshop means of escape in case of fire to be 
provided from or in respect of the part so used of such 
building if within three years prior to the passing of this 
Act means of escape in case of fire have been provided 
from such part in compliance with the Factory and Work- 
shop Act 1901. 

See Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), Section 
14, pages 337-340, for means of escape required in factories. 

27 (1) The following provisions of the Act of 1894 incorporat- 
are hereby incorporated with and form part of this Act prl^ionT 
and shall extend and apply accordingly and have effect as J^ ct of 
fully and effectually as if the same had been re-enacted in 
this Act (that is to say) : 



202 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 



Sec. 27- Section 144 (Surveyor not to act in case of works 

under his professional superintend- 
ence) ; 

Section 145 (Notices to be given to surveyor by 
builder) ; 

Section 1 47 (Notice to be evidence of intended works) ; 

Section 156 (Fees in relation to evidence before 
tribunal) ; 

Section 181 (Power for Council to support decisions 
of officers before tribunal) ; 

Section 182 (Tribunal may state case for opinion of 
High Court) ; 

Section 183 (Procedure of tribunal) ; 

Section 184 (Eegulations as to procedure and fees) ; 

Section 185 (Enforcement of decision of tribunal) ; 

Section 187 (Notices to be in writing) ; 

Section 188 (Service of notices) ; 

Section 190 (Power for Council to annex conditions) ; 

Section 194 (Plans and documents to be property of 
Council) ; 

Section 195 (Mode of giving approval of Council to 
plans) ; 

Section 196 (Consent how given on behalf of owners 
not to be found) ; 

Section 206 (Duration of exemption) ; 
(2) All regulations made or to be made by the tribunal 
of appeal under the said section 184 of the Act of 1894 
shall apply to the procedure to be followed in cases of 
appeal under this Act. 

28 The lands buildings and property of 

(1) The Honourable Society of the Inner Temple ; 

(2) The Honourable Society of the Middle Temple ; 

(3) The Honourable Society of Lincoln's Inn ; 

(4) The Honourable Society of Gray's Inn ; 

shall be exempt from the operation of this Act. 

Exempting 29 (1) Any building or structure or part of a building 
certain pro- or structure belonging to a dock company constituted by 
dock com- Act of Parliament and situate within the dock premises 
e exempt from the provision 9 of this Act, 



For protec- 
tion of Inns 
of Court. 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 203 

(2) The exemption conferred by this section shall extend Sec. 29- 
to and include any building or structure or part of a building 
or structure belonging to the Surrey Commercial Dock 
Company in connection with their Surrey Canal under- 
taking and used exclusively for the purposes of canal 
works under the Acts of Parliament regulating the said 
undertaking. 

30 Any building or structure (not being an hotel) Exempting 
belonging to or leased by any railway company situate ^'^oV* " 
upon the railway or within the railway or station premises railway 
of the same or any other railway company and used for the c 
purposes of or in connection with the traffic of the railway 
company shall be exempt from the provisions of this Act. 

31 Any building or structure or part of a building or Exempting 
structure belonging to or leased by any electric lighting JSj^jy* " 
company having statutory powers for the supply of elec- electric 
tricity and used exclusively as a generating station or dis- companies, 
tributing or transforming station or for works connected 
with the exercise of such powers shall be exempt from the 
provisions of this Act. 

32 The generating station referred to in section 8 of the Exempting 
Metropolitan District Eailway Act 1902 shall be exempt Son" of 
from the provisions of this Act. Sound 

Electric 

33 Any building or structure or part of a building or 
structure belonging to or leased by any gas company 
used exclusively for gasworks shall be exempt from the pro- Exempting 

visions of this Act. certain pro- 

perty of gas 
companies. 

34 (1) Any new or existing building used or intended AS to banks 
to be used to the extent of not less than three-fourths of its 
cubical extent as a bank or insurance office or partly for 
one and partly for the other of such purposes by not more 
than two companies or firms and used or intended to be 
used as regards the residue thereof only as a residence for 
or for providing sleeping accommodation for officers or 
servants of such companies or firms shall so long as such 
building is not used otherwise than as aforesaid be exempt 
from the provisions of this Act, 



204 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905 

Sec. 34- (2) The premises known as Staple Inn Holborn shall be 
deemed to be existing buildings to which the provisions of 
this section apply. 

AS to stock 35 The buildings of the Stock Exchange in the city of 
bunding? Condon situated between Throgmorton Street on the north 
and.Threadne'edle Street and Old Broad Street on the south 
or south-east and also any buildings (while used as a stock 
exchange) erected on the site of the properties Nos. 31 to 
33 Throgmorton Street shall be exempt from the provisions 
of this Act. 

Exempting 36 Any existing building or structure in the exclusive 
pSbi1c ng8 f occupation of a public wharfinger and used by him for the 
purposes of his business and situate upon or in immediate 
proximity to a dock wharf quay or riverside frontage and 
which is self-contained and does not abut on any building 
shall be exempt from the provisions of this Act. Provided 
that this exemption shall not apply to uptown warehouses 
or to any building wherein any manufacturing process is 
carried on or wherein any person sleeps : 

" Public wharfinger " means the owner lessee or occupier 
of a wharf quay warehouse or granary adjoining the port of 
London mainly used for warehousing the goods imported 
into the port of London of persons other than the occupier 
of such premises. 

Exempting 37 The buildings and premises known as the Eoyal 
Albert Albert Hall shall be exempt from the provisions of this 

Hall. Act. 

For protec- 38 Any new or existing building or structure (not being 
tropoiitan an no ^ e ^) now or hereafter belonging to or leased or erected 
District by the Metropolitan District Eailway Company the Baker 
street and Street and Waterloo Eailway Company the Great Northern 
Great* 00 Piccadilly an ^ Brompton Eailway Company and the Char- 
Northern ing Cross Euston and Hampstead Eailway Company or any 
and C Bromp- f them shall so far as erected or used or intended to be 
ton and used for the purposes of or in connection with the traffic 
Cros ng of the said companies or any of therq be exempt from the 
ISSrfXa Provisions of this Act, 

Railway 
Com- 
panies. 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1906. 205 

39 The following buildings shall so long as used for Exempting 
their present purposes be exempt from the provisions of buildings 
this Act : 

(1) The Mansion House Guildhall and Royal Ex- 

change of the city : 

(2) The Sessions House at the Old Bailey and all 

public buildings erected or occupied by the cor- 
poration under the provisions of the City of Lon- 
don Police Acts : 

(3) The buildings of the Metropolitan Cattle Market 

the Cattle Market at Deptford the London Central 
Markets the Spitalfields Market and the Shadwell 
Market. 

40 Any building or part of a building approved by the Bonded 
Commissioners of Customs or the Commissioners of Inland tlTbe 01 
Revenue as a warehouse or store for warehousing or deposit- exempt, 
ing goods without payment of duty shall while used with 
such approval for any of such purposes and unless and 
except so far as such Commissioners otherwise allow be 
exempt from the provisions of this Act. 

41 Nothing in this Act shall affect prejudicially any saving 
estate right power privilege or exemption of the King's crown f 
most Excellent Majesty and in particular nothing contained 
herein shall authorise the Council to take use or in any 
manner interfere with any land or hereditaments or any 
rights of whatsoever description belonging to His Majesty 
in i right of His Crown and under the management of the 
Commissioners of Woods without the consent in writing of 
the Commissioners of Woods on behalf of His Majesty first 
had and obtained for that purpose which consent such 
Commissioners are hereby authorised to give. 

See note at end of Section 202, L.B.A., 1894, page 144. 

42 Nothing contained in this Act shall extend toSgjg* of 
authorise the Council to take use enter upon or interfere Duchy of 
with any land soil or water or any rights in respect thereof C( 
belonging to His Majesty in right of the Duchy of Corn- 
wall without the consent in writing of some two or more 
of such of the regular officers of the said duchy or of such 
other persons as may be duly authorised under the pro- 



206 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

Sec. 42. visions of the Duchy of Cornwall Management Act 1863 
section 39 to exercise all or any of the rights powers 
privileges and authorities by the said Act made exerciaeable 
or otherwise for the time being exerciseable in relation to 
the said duchy or belonging to the Duke of Cornwall for 
the time being without the consent of such Duke testified 
in writing under the seal of the Duchy of Cornwall first 
had and obtained for that purpose or to take away diminish 
alter prejudice or affect any property rights profits privileges 
powers or authorities vested in or enjoyed by His Majesty 
in right of the Duchy of Cornwall or in or by the Duke of 
Cornwall for the time being. 

Expenses 43 All expenses incurred by the Council in carrying 
to be C borne. this Act into execution and not otherwise provided for shall 
be deemed to be general expenses incurred by the Council 
and shall be raised and paid accordingly and the costs 
charges and expenses preliminary to and of and incidental 
to the preparing applying for obtaining and passing of this 
Act shall be raised and paid by the Council in like manner. 






LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 207 



The SCHEDULES referred to in the foregoing Act. 

THE FIEST SCHEDULE. 

This Schedule is in substitution of the second Schedule of the 
L.B.A., 1894, see page 159. 

The following materials shall for the purposes of the Act 
of 1894 the Act of 1898 and this Act be deemed to be fire- 
resisting materials : 

(I.) For general purposes : 

(1) Brickwork constructed of good bricks well burnt 

hard and sound properly bonded and solidly put 
together 

(a) With good mortar compounded of good 
lime and sharp clean sand hard clean broken 
brick broken flint grit or slag ; or 

(b) With good cement ; or 

(c) With cement mixed with sharp clean sand 
hard clean broken brick broken flint grit or slag ; 

(2) Granite and other stone suitable for building 

purposes by reason of its solidity and durability ; 

(3) Iron steel and copper ; 

(4) Slate tiles brick and terra-cotta when used for 

coverings or corbels ; 

(5) Flagstones when used for floors over arches but 

such flagstones not to be exposed on the under- 
side and not supported at the ends only ; 

(6) Concrete composed of broken brick tile stone 

chippings ballast pumice or coke breeze and lime 
cement or calcined gypsum ; 

(7) Any combination of concrete and steel or iron. 
(II.) For special purposes : 

(1) In the case of doors and shutters and their frames 
oak teak jarrah karri or other hard timber not 
less than one and three-quarters inches finished 



208 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905, 

1st Sch. thickness the frames being bedded solid to the 

walls or partitions ; 

(2) In the case of staircases and landings oak teak 

jarrah karri or other hard timber the treads 
risers strings and bearers being not less than one 
and three-quarters inches finished thickness and 
the ceilings and soffits if any being of plaster or 
cement ; 

(3) Oak teak jarrah karri and other hard timber when 

used for beams or posts or in combination with 
iron the timber and the iron (if any) being 
protected by plastering or other incombustible 
or non-conducting external coating not less than 
two inches in thickness or in the case of timber 
not less than one inch in thickness on iron 
lathing ; 

(4) (a) In the case of floors and roofs 

Brick tile terra-cotta or concrete composed as 
described in paragraph (I.) (6) of this schedule 
not less than five inches thick in combination 
with iron or steel ; 

(6) In the case of floors and of the roofs of pro- 
jecting shops 

Pugging of concrete composed as described in 
the said paragraph (I.) (6) not less than five 
inches thick between wood joists provided a 
fillet one inch square is secured to the sides 
of the joists and placed so as to be in a 
central position in the depth of the concrete 
or concrete blocks not less than five inches 
thick laid between wood joistson fire-resisting 
bearers secured to the sides of joists ; 

(5) In the case of verandahs balustrades outside land- 

ings the treads strings and risers of outside stairs 
outside steps porticoes and porches oak teak 
jarrah karri or other hard timber not less than 
one and three-quarters inches finished thickness ; 

(6) In the case of internal partitions enclosing stair- 

cases and passages terra-cotta brickwork concrete 
or other incombustible material not less than three 
inches thick ; 

(7) In the case of glazing for windows doors and 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 209 

borrowed lights lantern or skylights glass t not 1st Sch. 
less V -than 'one-fourthf?of an inch in thickness in 
direct^combination with metal the melting point 
of which is not lower than 1 ,800^degrees Fahren- 
heit in squares not exceeding sixteen square inches 
and in panels not exceeding two feet across either 
way the panels to be secured with fire-resisting 
materials in fire-resisting frames of hard wood net 
less than one and three-quarters inchesjfinished 
thickness or of iron. 



(III.) Any other material from time to time approved 
by the Council as fire-resisting. 



THE SECOND SCHEDULE 
FEES PAYABLE TO DISTRICT SURVEYORS 
Part I. 

(A) In respect of a building erected in conformity with 
the provisions of the section of this Act of which the 
marginal note is " Protection against fire in certain new 
buildings"; or 

f (B) For ascertaining whether any requirement made by 
the Council under the section of this Act the marginal 
note whereof is " Protection against fire in certain existing 
buildings " and (in the event of an appeal) confirmed by 
the tribunal of appeal is complied with ; or 
f (c) For any work required under the provisions of either 
of the sections of this Act the respective marginal notes 
whereof are " Projecting shops " and ' Means of access to 
roofs " 

One-fifth of the amount of the fee payable under the 
third Schedule of the Act of 1894 in respect of 
a new building of the same character or the 
sum of one pound one shilling whichever shall 
be the greater. 

14 



210 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 

2nd Sch. Part II. 

For surveying for the purpose of ascertaining and notify- 
ing or reporting any building to the Council pursuant to 
the provisions of the sections of this Act the marginal 
notes whereof are respectively " District surveyors to 
notify Council in certain cases " and ' Duties of district 
surveyors under Act." 

For every building to which such sections apply and for 
every other building which in the opinion of the Council 
has been reasonably inspected for the purpose of such 
sections a fee of seven shillings and sixpence. 



THE THIRD SCHEDULE. 



Session and 
Chapter. 


Title or Short Title. 


No. of 
Section. 


Extent of Repeal. 


57 & 58 Viet., 
c. ccxiii. 


i London Building 
Act 1894 


5 

61 


Sub-section (36). 
Sub-section (2). 






63 


The whole section. 






Second 
Schedule. 


The whole schedule. 



211 



SECTION D. 

THE LONDON COUNTY COUNCIL 
(GENEEAL POWEES) ACT, 1908. 

PART II. SANITARY PROVISIONS. 

SECTION PAGE 

1. Short title 212 

2. Division of Act into Parts 212 

3. Interpretation 212,213 

4. Incorporation of Land Clauses Act - ... 213, 214 

5. Power to sanitary authorities to remove from or refuse 

to enter on register names of dairymen in certain 
circumstances 214, 215 

6. Power to sanitary authorities to appoint health visitors 215 

7. As to accommodation for cooking of food in tenement 

houses - - 215,216 

8. Sanitary regulations for premises used for sale, etc., of 

food for human consumption - 216, 217 

9. Power to Council and Corporation to make by-laws with 

respect to certain businesses .... 217, 218 
10 Enforcement of this part of Act and by-laws - - - 218 

11. Power to Local Government Board to extend by-laws 

to Council 219 

12. Power to sanitary authorities to enter - - - - 219 
13. Power to owner to enter notwithstanding provisions of 

lease 219 

14. Application of sections 115 and 116 of Public Health 

(London) Act, 1891 220 

PART III. AMENDMENT OP LONDON BUILDING ACT, 1894. 

15. Interpretation and effect of this part of Act - - - 220 

16. Repeal of sections 75, 76 and 77 of principal Act - - 220 

17. Cubical extent of buildings 220, 221 

18. Rules as to uniting buildings 221-223 

19. Division walls to be subject to provisions, etc. - 223 

20. Copy of plans and particulars approved by council to 

be furnished to district surveyor .... 224 
21.i Penalty for failure to comply with conditions 
22. ^Extending exemption of Government buildings - - 224 



212 



THE LONDON COUNTY COUNCIL (GENERAL 
POWERS) ACT 1908. 



[The London County Council (General Poivers) Act, 1908, 
received the Royal Assent on \st August 1908, and 
came into immediate operation. Part III., relating to 
buildings, REPEALS sections 75, 76, and 77 of the 
London Building Act, 1894, and substitutes new 
provisions, which are embodied in sections 15 to 22 
of the new Act.] 

PART I. 

INTRODUCTORY. 

short Title. 1 This Act may be cited as the London County 
Council (General Powers) Act 1908. 

Division oi 2 This Act is divided into parts as follows : 

Act into 

Parts. p art I. Introductory. 

Part II. Sanitary Provisions. 

Part III. Amendment of London Building Act* 

1894. 
Part IV. Open Space at Salter's Hill West 

Norwood. 
Part V. Widening of Green Lanes Stoke New- 

ington. 

Part VI. Powers to Camber well Council. 
Part VII. Hackney and Tottenham Sewerage. 
Part VIII. Willesden Sewerage. 
Part IX. Miscellaneous and Financial Provisions. 

interpret*- 3 In this Act the following words and expressions have 
tion ' the several meanings hereby assigned to them unless there 



DEFINITIONS. 213 

is something in the subject or context repugnant to such 
construction (that is to say) : 

" The Council " means the London County Council : 
"The county" means the administrative county of 

London : 
"The corporation" means the mayor and commonalty 

and citizens of the city of London acting by the 

mayor aldermen and commons of the city of London 

in common council assembled : 

" Sanitary authority " means 

(A) As respects the city of London and so much of the 

port of London as established for the purposes 
of the laws relating to the customs of the United 
Kingdom as is within the county the Corporation ; 

(B) As respects the places known as the Inner Temple 

and the Middle Temple respectively the overseers 
of such places respectively ; and 

(c) As respects any metropolitan borough (except as 
to any portion thereof which may be within the 
said portion of the port of London) the council 
of such borough : 

" Daily penalty " means a penalty for every day on which 
any offence is continued after conviction : 

" Owner " (except where used in Part III. of this Act) 
means the person for the time being receiving the 
rackrent of the premises in connection with which 
the word is used whether on his own account or as 
agent or trustee for any other person or who would 
so receive the same if such premises were let at a 
rack-rent : 



" Rack-rent "' means rent which is not less than two- 
thirds of the full annual value of the premises 
out of which the rent arises and the full annual 
value shall be taken to be the annual rent which 
a tenant might reasonably be expected taking one 
year with another to pay for the premises if the 
tenant undertook to pay all usual tenants' rates 



214 THE L.C.C. (GENERAL POWERS) ACT, 1908. 

and taxes and the tithe commutation rent charge 
(if any) and if the landlord undertook to bear the 
cost of the repairs and insurance and the other 
expenses (if any) necessary to maintain the premises 
in a state to command such rent : 

"Rag and bone dealer" means any person selling or 
buying for the purpose of re-sale or otherwise 
dealing in rags (other than tailors' or dressmakers' 
cuttings) bones rabbit-skins fat or other like 
articles : 

"Tenement house" means any house occupied by any 
person of the working class which is wholly or 
partially let in lodgings or which is occupied by 
members of more than one family : 

" Working class " has the same meaning as in the 
schedule to the Housing of the Working Classes 
Act 1903. 

incorpora- 4 The Lands Clauses Acts are incorporated with this 
Lands Act Provided that the expressions " the promoters of the 
Glauses undertaking " and " the Company " in the said Acts shall 
mean the Council. 



Power to 
sanitary 
authorities 
to remove 
from or 
refuse to 
enter on 
register 
names of 
dairymen in 
certain cir- 
cumstances. 



PART II. 
SANITARY PROVISIONS. 

5 (1) Notwithstanding anything contained in the 
Dairies Cowsheds and Milkshops Order of 1885 or in 
any subsequent order any sanitary authority may remove 
from the register kept by them of persons from time to 
time carrying on in their district the trade of cow-keepers 
dairymen or purveyors of milk or may refuse to enter 
upon such register the name of any person carrying on or 
proposing to carry on the trade of a dairyman or purveyor 
of milk upon premises which are in the opinion of such 
sanitary authority for any reason unsuitable for the sale 
of milk therein provided that for the purposes of this 
section premises shall not be deemed to be unsuitable 
for the sale of milk therein on any ground inconsistent 
with the provisions or requirements of any order or 
regulation made under any enactment for the time being 
in force and applicable to such premises. 



SANITARY PROVISION. 215 

(2) Any person who thinks himself aggrieved by any 
decision of a sanitary authority under the provisions of 
this section may at any time within twenty-one days from 
the date of such decision appeal against the same to a court 
of summary jurisdiction and if on any such appeal it shall 
appear to the court that the premises of the person 
appealing are in all respects suitable for the sale of milk 
therein the court may make an order requiring such 
authority to enter upon or restore in the register the name 
of such person. 

6 (1) Any sanitary authority may on or at any time Power to 
after the first day of January one thousand nine hundred 8a !?l ta S 

J 1/1 i antnonties 

and nine appoint suitable women (to be known as health to appoint 
visitors) for the purpose of giving to persons advice as 
to the proper nurture care and management of young 
children and the promotion of cleanliness and discharging 
such other duties (if any) as may be assigned to them 
in accordance with the provisions of this section. 

(2) The Local Government Board may make regulations 
prescribing the qualification mode of appointment duties 
salary and tenure of office of health visitors appointed 
under this section and no appointment of a health visitor 
shall be made otherwise than in accordance with such 
regulations. 

. (3) It shall be lawful for the Council to pay out of the 
County Fund and charge to the Exchequer Contribution 
Account any sum or sums by way of contribution towards 
the salaries of any person so appointed not exceeding in 
the case of any such person one half of her salary. 

7 If at any time it appears to any sanitary authority Astoaccom- 
that in any tenement house within their district sufficient JSJ^JIokln^ 
and suitable accommodation for the cooking of food is fJJJ^ Jin 
not provided for the use of each family occupying such *" 
house on the storey or one of the storeys in which are 
situate the rooms or lodgings in the separate occupation 
of such family such sanitary authority may cause notice 
to be served on the owner of such house requiring him 
within such reasonable time as may be specified in the 
notice to provide sufficient and suitable accommodation 
for the purpose aforesaid and any owner failing to comply 



216 THE L.C.O. (GENERAL POWERS) ACT, 1908. 

with any such requirement within the period prescribed in 
the notice shall be liable on summary conviction to a 
penalty not exceeding forty shillings and to a daily penalty 
not exceeding twenty shillings : 

Provided that this section shall not apply to any 
tenement house used or occupied as such before the passing 
of this Act. 

Sanitary 8 (1) From and after the passing of this Act the 

fof premises following provisions shall apply to any room shop or other 
used for sale part of a building within the county in which any article 
for'human whether solid or liquid intended or adapted for the food 
conaump- o man j s so ^ or ex p Osec l f or sa l e O r deposited for the 

purpose of sale or of preparation for sale or with a view 
to future sale : 

(A) No urinal water-closet earth-closet privy ashpit or 

other like sanitary convenience shall be within 
such room shop or other part of a building or 
shall communicate therewith except through the 
open air or through an intervening ventilated 
space ; 

(B) No cistern for supplying water to such room shop 

or other part of a building shall be in direct 
communication with and directly discharge into 
any such sanitary convenience ; 

(c) No drain or pipe for carrying off fcecal or sewage 
matter shall have any inlet or opening within 
such room shop or other part of a building ; 

(D) No such room shop or other part of a building shall 

be used as a sleeping place and so far as may 
be reasonably necessary to prevent risk of the 
infection or contamination of any such article 
as aforesaid no sleeping place shall adjoin such 
room shop or other part of a building and 
communicate therewith except through the open 
air or through an intervening ventilated space ; 

(E) Refuse or filth whether solid or liquid shall not be 

deposited or allowed to accumulate in any such 
room shop or other part of a building except so 
far as may be reasonably necessary for the proper 
carrying on of trade or business ; 



SANITARY PROVISION. 21? 

(p) Due cleanliness shall be observed in regard bo such 
room shop or other part of a building and all 
articles apparatus and utensils therein and shall 
be observed by persons engaged in such room shop 
or other part of a building. 

(2) If any person occupies or lets or knowingly suffers 
to be occupied any such room shop or other part of a 
building wherein any of the conditions prohibited by this 
section exist or does or knowingly permits any act or 
thing therein in contravention of this section he shall 
be liable on summary conviction to a fine not exceeding 
for a first offence twenty shillings and for every subsequent 
offence five pounds and in either case to a daily penalty 
not exceeding twenty shillings. 

9 (1) The Council may make by-laws for regulating 
the conduct within the county (elsewhere than in the Corp nation 
city of London and so much of the port of London as 
established for the purposes of the laws relating to the with 
customs of the United Kingdom as is within the county) 
of the businesses of a vendor of fried fish a fish-curer and a 
rag and bone dealer or any of them and with respect to 
the premises in or upon which any such business is carried 
on and the apparatus utensils and appliances used for the 
purpose of or in connection with any such business. 

(2) The provisions of section 114 (By-laws) of the Public 
Health (London) Act 1891 shall apply to all by-laws made 
by the Council under this section. 

(3) The Corporation may make and enforce by-laws for 
regulating the conduct within the city of London of any 
such business as aforesaid and with respect to the premises 
in or upon which any such business is carried on and the 
apparatus utensils and appliances used for the purposes 
of or in connection with any such business. 

(4) The following sections of the City of London (Public 
Health) Act 1902 shall extend and apply to and with 
respect to by-laws made under the last preceding subsection 
of this section (that is to say) : 

Section 7. (By-laws to be allowed by Local 

Government Board) ; 
Section 8. (Penalties in By-laws) ; 



218 THE L.C.C. (GENERAL POWERS) ACT, 1908. 

Section 9. (Printing and sale of by-laws) ; 
Section 10. (Proof of by-laws) ; 
Section 11. (Recovery of penalties); 
Section 12. (Appeal to quarter sessions). 

(5) Notwithstanding anything contained in the said 
section 114 of the Public Health (London) Act 1891 or 
in the said section 7 of the City of London (Public 
Health) Act 1902 or in section 184 (Confirmation of 
by-laws) of the Public Health Act 1875 applied by the 
said sections respectively all by-laws made by the Council 
or the Corporation (as the case may be) under this section 
shall as regards any business carried on in any factory 
or workshop to which the Factory and Workshop Act 
1901 applies require confirmation as if the Secretary of 
State were named in the said sections in addition to the 
Local Government Board. 

(6) Nothing in this section or in any by-law made there- 
under shall be construed as imposing upon any person any 
obligation to alter any premises which are at the passing 
of this Act used for the business of a vendor of fried fish 
or of a fish-curer or any fittings or apparatus in any such 
premises or to place or provide in any such premises any 
new fittings or apparatus Provided that if at any time after 
the passing of this Act any alteration of any such premises 
or of any fittings or apparatus therein shall be effected or if 
any new fittings or apparatus shall be placed or provided 
therein such alteration shall be carried out and such new 
fittings and apparatus shall be placed and provided in 
conformity with the requirements of any such by-law as 
aforesaid for the time being in force. 

10 Subject to the provisions of this Act it shall be the 
duty ^ eacn sanitary authority to enforce within their 
district the provisions of this Part of the Act and all 
by-laws made by the Council thereunder and for that 
purpose the sanitary authorities shall have all the rights and 
powers and be subject to all the liabilities and obligations 
conferred or imposed upon them by sections 101 117 118 
121 124 125 126 127 128 133 and 135 of the Public 
Health (London) Act 1891 and subject as aforesaid those 
sections shall apply and have effect in respect of this Part 



SANITARY PROVISION. 219 

of this Act as if they were expressly re-enacted in and in 
terms made applicable to this Part of the Act. 

11 The Local Government Board may on the application Power to 
of the sanitary authority of the port of London by order GovS-nme 
extend to so much of the said port as is within the county Board to 
any by-laws made by the Council under the section of this fawTmade 
Act of which the marginal note is " Power to Council and by Ooonc11 - 
Corporation to make by-laws with respect to certain 



12 Any sanitary authority or any officer or person Power to 
duly authorised by them in that behalf shall have thejjgjgj* 
right to enter at all reasonable times any house building etc. to enter 
or premises in the district of such sanitary authority for 
the purpose of examining whether there is any contra- 
vention of the provisions of this Part of this Act or of 
any by-law made thereunder or any non-compliance with 
the requirements of any notice given thereunder respec- 
tively. 

13 For the purpose of complying with any of the Powsr to 
provisions of this Part of this Act or of any by-law made e^terVJt- 
thereunder or with the requirements of any notice given withstand", 
under any such provision it shall be lawful for the owner protons 
of any house building or premises not being the occupier of lease - 
thereof notwithstanding anything to the contrary contained 
in any lease underlease or agreement of or relating to such 
house building or premises or any part thereof to enter 
such house building or premises or any part thereof and 
carry out all such works and do all such things as may be 
necessary to comply with any such provision or requirement 
and if the occupier of such house building or premises or 
part thereof suffers damage by reason of the negligent or 
improper execution of such works or of anything negligently 
or improperly done by the owner under the powers of this 
section such occupier may apply to the petty sessional 
court having jurisdiction within the district in which the 
house building or premises is or are situate and the court 
may after hearing the owner or (if after being duly 
summoned he shall fail to appear) in his default make 



220 THE L.C.O. (GENERAL POWERS) ACT, 1008. 

such order for compensation to be paid by the owner as the 
court may deem just and equitable. 

Application 14 The provisions of section 115 (General provisions as 
iwandTie to powers of entry) and section 116 (Penalty on obstructing 
HeaUh iC execu tion of Act) of the Public Health (London) Act 1891 
(London) shall apply and have effect in respect of this Part of this 
Act i89i. ^ ct as jf sucn sec tions were expressly re-enacted in and in 
terms made applicable to this Part of this Act. 

PART III. 
AMENDMENT OP THE LONDON BUILDING ACT 1894. 

interpret^ 15 Words and expressions used in this Part of this Act 
effect o? his shall unless the context otherwise requires bear the mean- 
Part of Act. i n g assigned to them in the London Building Act 1894 (in 
this Part of this Act referred to as " the principal Act ") 
and any references in the principal Act or any existing Act 
amending the same to Part VI. of the principal Act or any 
of the provisions of that Part shall be construed as referring 
to such Part or provisions as amended by this Part of this Act 
and the principal Act the London Building Act 1894 
(Amendment) Act 1898 the London Building Acts (Amend- 
ment) Act 1905 as this Part of this Act may be cited 
together as the London Building Acts 1894 to 1908. 

Repeal oi 16 Sections 75 (Cubical extent of buildings) 76 (Consent 

7?and 77 5 ^ l ar ger dimensions) and 77 (Rules as to uniting buildings) 

of principal o f the principal Act are hereby repealed and from and after 

the passing of this Act the principal Act shall be read and 

have effect as if the following provisions of this Part of this 

Act had been inserted in the principal Act instead of the 

said sections 75 76 and 77. 

Cubical 17 (1) Except as in this section provided no building of 

extent of the warehouse class and no building or part of a building 

buildings. , 

used for any trade or manutacture shall extend to more 
than two hundred and fifty thousand cubic feet unless 
divided by division walls in such manner that no division 
of such building or part of a building (as the case may be) 
shall extend to more than two hundred and fifty thousand 



AMENDMENT OF THE LONDON BUILDINU ACT. 221 

cubic feet and no addition shall be made to any such build- 
ing part of a building or division so that the cubical extent 
of such building part of a building or division shall exceed 
two hundred and fifty thousand cubic feet. 

(2) Where the Council are satisfied on the report of the 
superintendent architect and of the chief officer of the fire 
brigade that additional cubical extent is necessary for any 
such building part of a building or division as aforesaid 
and are satisfied that proper arrangements have been or will 
be made and maintained for lessening, so far as reasonably 
practicable danger from fire the Council may consent to 
such building part of a building or division containing 
additional cubical extent, but such consent shall continue in 
force only while such building part of a building or division 
is actually used for the purposes of the trade or manufacture 
(if any) in respect of which the consent was granted. 

(3) The Council may in any case in which they think fit 
so to do consent to any such building or part of a building 
as aforesaid being divided (wholly or in part) horizontally 
by floors to be constructed in such manner and of such 
materials and in all other respects as the Council may 
require or approve and in such case such floors shall for 
the purposes of this section be deemed to be division walls. 

(4) The provisions of this section shall not apply to any 
building which being at a greater distance than two miles 
from Saint Paul's Cathedral is used wholly for the manu- 
facture of machinery and boilers of steam vessels or for a 
retort house or for the manufacture of gas or for generating 
electricity provided that such building consist of one floor 
only and be constructed of brick stone iron or other incom- 
bustible msterial throughout and be not used for any purpose 
other than such are specified in this subsection arid every 
such building shall for the purposes of the provisions of the 
principal Act with respect to special buildings be deemed a 
building to which the general provisions of Part VI. of the 
principal Act are inapplicable. 



18 (1) Buildings shall not without the consent of the Rules as 
Council be united unless (A) they are wholly in one occupa 
tion and (B) when so united and considered as one building 
they would be in conformity with the principal Act as 



222 THE L.C.C. (GENERAL POWERS) ACT, 1908. 

amended by this Part of this Act and with this Part of 
this Act. 

(2) An opening shall not be made in any division wall 
separating divisions of a building of the warehouse class or 
used for any trade or manufacture or in any party wall or 
in two external walls separating buildings in any case in 
which such divisions or buildings (as the case may be) if 
taken together would extend to more than two hundred 
and fifty thousand cubic feet except under the following 
conditions : 

(A) Such opening shall have the floor jambs and head 

formed of brick stone iron or other incombustible 
materials and be closed by two wrought iron doors 
sliding doors or shutters each not less than one 
fourth of an inch thick in the panel at a distance 
from each other of the full thickness of the wall 
fitted to grooved or rebated iron frames without 
woodwork of any kind and all such doors sliding 
doors and shutters shall be fitted with sufficient 
and proper bolts or other fastenings and be capable 
of being opened from either side and shall have on 
each face thereof styles and rails at least four inches 
wide and one fourth of an inch thick and shall be 
constructed fitted and maintained in an efficient 
condition. Provided that in lieu of being con- 
structed and fitted as aforesaid such doors sliding 
doors and shutters may be constructed of any such 
fire-resisting materials and be fitted in any such 
manner as may be approved by the Council ; 

(B) Such opening shall not exceed in width seven feet or 

in height eight feet and the width of such opening 
in any wall of a storey (or if there be more than 
one such opening in any such wall the width of all 
such openings taken together) shall not exceed one 
half of the length of such wall. Provided that any 
such opening may be nine feet six inches in height 
in a wall of which the thickness is not less than 
twenty-four inches or if the doors sliding doors or 
shutters closing such opening are placed at a dis- 
tance not less than twenty-four inches from each 
other. Provided that the Council may consent 



AMENDMENT OF THE LONDON BUILDING ACT. 223 

to any such opening being of such greater height or 
width as they may think fit. 

(3) Whenever any buildings which have been united 
cease to be in one occupation the owner thereof or if the 
buildings are the property of different owners then each of 
such owners shall forthwith give notice of such change of 
occupation to the district surveyor, and shall cause all open- 
ings uniting the same in any party wall or in any external 
wall to be stopped up (unless the Council consent to such 
openings or any of them being retained) with brick or stone 
work not less than thirteen inches in thickness (except in 
the case of a wall eight and a half inches in thickness in which 
case eight and a half inches shall be sufficient) and properly 
bonded with such wall and any timber placed in the wall 
and not in conformity with the principal Act shall be re- 
moved, and if notice be not given to the district surveyor 
pursuant to this section such owner or each of such owners 
shall upon conviction in a summary manner be liable to a 
penalty not exceeding five pounds. 

(4) Buildings shall be deemed to be united when any 
opening is made in the party wall or the external walls 
separating such buildings, or when such buildings are so 
connected that there is access from one building to the 
other without passing into the open air. 

(5) The provisions of this section shall extend and apply 
(a) to all openings at any time after the passing of this Act 
made or proposed to be made in any party wall or two ex- 
ternal walls or in any division wall notwithstanding the 
existence in any such wall of an opening uniting buildings 
or affording communication between divisions of a building 
(as the case may be), and (b) to such buildings as if they had 
not previously been united. 

19 The provisions of the principal Act with respect to Division 
party walls shall extend and apply to such division walls Object to 6 
as are referred to in this Part of this act. Provided that JSSjjJJ? 8 of 
in the case of any such division wall the Council may if Act relating 
they think fit consent to such departure as they may ^affi rty 
consider expedient from such of the said provisions as 
are continued in Part VI. of and the First Schedule to the 
principal Act. 



224 THE L.C.C. (GENERAL POWERS) ACT, 1908. 

Copy of 20 A copy of any plans and particulars approved by 

pl a rt'cu?a d r B the Council under this Part of this Act shall be furnished 
coKi to by ky tne Council to the district surveyor within whose dis- 
be furnished trict the building to which such plans and particulars relate 

to district Q1 > lin f* 
surveyor. 1S Situate. 

Penalty for 21 Any person failing to comply with any term or 

comply 'with condition imposed by the Council in giving any consent 

conditions. un( J er fchj s Part of this act or failing to maintain in an 

efficient condition any doors sliding doors shutters styles 

or rails or bolts or other fastenings as required under this 

Part of this Act shall be liable to a penalty not exceeding 

twenty pounds and to a daily penalty not exceeding the 

like amount. 

Extending 22 Section 202 (exemption of Government buildings) of 
of Govern 1 , the principal Act shall be read and constructed as if the 
ment build- exemption thereby conferred extended also to the pro- 
visions of the London Building Acts (Amendment) Act 
1905. 



225 



SECTION E. 

THE LONDON COUNTY COUNCIL 
(GENERAL) POWERS ACT, 1909. 

PART III. ACCOMMODATION FOR STORAGE OF FOOD. 

SECTION PAGE 

16. As to accommodation for storage of food in tenement 

houses . 226 

17. Application of certain provisions of Public Health 

(London) Act 1891 and enforcement of this Part of Act 226, 227 

18. Power to sanitary authorities &c. to enter - - - 227 

19. Power to owner to enter notwithstanding provisions of 

lease - 227, 228 

PART IV. AMENDMENT OF LONDON BUILDING ACTS. 

20. Definition of principal Acts 228 

21. Interpretation and effect of this Part of Act 228 

22. Provisions with respect to buildings of iron and steel 

skeleton construction - 228-241 

23. Power to make regulations as to use of reinforced 

concrete 241, 242 

24. This Part of Act and regulations to form part of Part VI. 

of London Building Act 1894 .... 242 

25. Tribunal of appeal &c. 242 

26. Increased fee to district surveyor in certain cases - 243, 244 

27. Saving existing powers and rights - - - 244. 



226 



THE LONDON COUNTY COUNCIL 



As to ac- 
commoda- 
tion for 
storage of 
food in 
tenement 
houses. 



Applica- 
tion of 
certain 
provisions 
of Public 
Health 
(London) 
Act 1891 and 
enforce- 
ment of 
this Part of 
Act. 



THE LONDON COUNTY COUNCIL 
(GENERAL POWERS) ACT 1909. 

PART III. 
ACCOMMODATION FOE STORAGE OF FOOD. 

16 If at any time it appears to any sanitary authority 
* n anv tenement house within their district sufficient 
and suitable accommodation for the storage of food is not 
provided for the use of each family occupying such house 
on the storey or one of the storeys in which are situate the 
rooms or lodgings in the separate occupation of such family 
the sanitary authority may if the provision of such accom- 
modation is practicable cause notice to be served on the 
owner of such house requiring him within such reasonable 
time as may be specified in the notice to provide sufficient 
and suitable accommodation for the purpose aforesaid and 
any owner failing to comply with such requirement within 
the period prescribed in the notice shall be liable on 
summary conviction to a penalty not exceeding forty 
shillings and to a daily penalty not exceeding twenty 
shillings : 

Provided that this section shall not apply to any tene- 
ment house used or occupied as such before the passing of 
this Act. 

17 The following sections of the Public Health (London) 
Act 1891 shall apply and have effect in respect of this Part 
of this Act as if such sections were expressly re-enacted in 
and in terms made applicable thereto : 

Section 101 (Proceedings on complaint to Local 
Government Board of default of sanit- 
ary authority) ; 

Section 112 (Powers of port sanitary authority of 
Port of London) ; 



(GENERAL POWERS) ACT 1909. 



227 



Section 115 (General provisions as to powers of Sec. 17. 
entry) ; 

Section 116 (Penalty on obstructing execution of 
Act); 

Section 117 (Summary proceedings for offences ex- 
penses &c.) ; 

Section 118 (Evidence by defendant) ; 

Section 121 (Recovery of expenses by sanitary autho- 
rity from owner or occupier) ; 

Section 122 (Justice may act though member of 
sanitary authority or liable to contri- 
bute) ; 

Section 124 (Protection of sanitary authority and 
their officers from personal liability) ; 

Section 125 (Appeal to quarter sessions) ; 

Section 127 (Authentication of notices &c.) ; 

Section 128 (Service of notices) ; 

Section 133 (Application of Act to City) ; 

Section 135 (Proceedings on complaint to Local 
Government Board of default of Com- 
missioners of Sewers) : 

And for the purpose of enforcing the provisions of this 
Part of this Act the sanitary authorities shall have all the 
rights and powers and be subject to all the liabilities and 
obligations conferred or imposed upon them by the said 
sections or any of them. 

18 Any sanitary authority or any officer or person power to 
duly authorised by them in that behalf shall have the right JShSStie 
to enter at all reasonable times any tenement house in the &c. to 
district of such sanitary authority for the purpose o f enter> 
ascertaining the accommodation (if any) provided for the 
storage of food in such house or of ascertaining whether 
there is any contravention of the provisions of this Part of 
this Act or any non-compliance with the requirements of 
any notice given thereunder. 

19 For the purpose of complying with any of the pro- Power to 
visions of this Part of this Act or with the requirements of eJterVot- 
any notice given under any such provision it shall be lawful withstand- 
for the owner of any tenement house not being the occupier 8 ion8 of 
thereof notwithstanding anything to the contrary contained Iea8e> 



228 THE LONDON COUNTY COUNCIL 

Sec. 19. in any lease underlease or agreement of or relating to such 
house or any part thereof to enter such house or any part 
thereof and carry out all such works and do all such things 
as may be necessary to comply with any such provision 
or requirement and if the occupier of such house or part 
thereof suffers damage by reason of the negligent or 
improper execution of such works or of anything negligently 
or improperly done by the owner under the powers of this 
section such occupier may apply to the petty sessional 
court having jurisdiction within the district in which such 
house is situate and the court may after hearing the owner 
or (if after being duly summoned he shall fail to appear) 
in his default make such order for compensation to be 
paid by the owner as the court may deem just and 
equitable. 

PART IV. 
AMENDMENT OF LONDON BUILDING ACTS. 

Definition 20 In this Part of this Act the expression " the 
cipaFAots " principal Acts" means the London Building Acts 1894 
' to 1908. 

interpreta- 21 Words and expressions used in this Part of this 

effect of Act 8na ^ Un l e8s the context otherwise requires bear the 

this Part of meanings assigned to them in the principal Acts and those 

Acts and this Part of this Act may be cited together as the 

London Building Acts 1894 to 1909. 

For the purposes of this Part of this Act the expression 
" pillar " shall unless otherwise stated mean a metal 
pillar and shall include all columns and stanchions or an 
assemblage of columns or stanchions properly riveted or 
bolted together and the expression " girder " shall mean 
a metal girder or joist and the expression " tribunal of 
appeal " means the tribunal of appeal as constituted by 
this Part of this Act. 

Provisions 22 Notwithstanding anything contained in the princi- 
respect to P a ^ Acts requiring buildings to be enclosed with walls of the 
b^dmgsof thicknesses and of the materials therein respectively de- 
steel skeie- scribed it shall be lawful to erect subject to the provisions 
struction. ^ tn is section buildings wherein the loads and stresses are 



(GENERAL POWERS) ACT 1909. 

transmitted through each storey to the foundations by a Sec. 22. 
skeleton framework of metal or partly by a skeleton frame- 
work of metal and partly by a party wall or party walls but 
buildings so erected shall (subject to any exemptions con- 
tained in the principal Acts or any of them) be subject to 
or any of them and any by-laws in force thereunder as may 
and comply with all such provisions of the principal Acts 
not be inconsistent with or contrary to the provisions of 
this section. The following are the provisions which shall 
apply in respect of the construction of the skeleton frame- 
work and the foundations walls floors staircases and other 
parts of the structure of such buildings : 

(1) All rolled steel used in such construction shall comply 

with the British standard specification for structural 
steel for bridges and general building construction 
from time to time in operation and every pillar or 
girder shall be of iron or steel or any other structural 
metal which may hereafter be standardised by the 
Engineering Standards Committee : 

(2) The skeleton framework of a building together with 

the party wall or party walls (if any) upon which 
such framework bears shall be capable of safely 
and independently sustaining the whole dead load 
and the superimposed load bearing upon such 
framework and party wall or party walls : 

(3) All pillars in the external walls of a building shall be 

completely enclosed and protected from the action of 
fire by a casing of brickwork terra-cotta concrete 
stone tiles or other incombustible materials at least 
four inches thick the whole being properly bonded 
or secured together : 

(4) All girders in the external walls of a building shall 

be similarly enclosed and encased with brickwork 
terra-cotta concrete stone tiles or other incombust- 
ible materials at least four inches thick properly tied 
and bonded or secured to the adjoining work but the 
casing on the underside of such girders and to the 
edges of the flanges thereof and plates and angles 
connected therewith may be of any thickness not 
less than two inches : 

(5) All pillars and girders (other than pillars and girders 



230 THE LONDON COUNTY COUNCIL 

Sec. 22. in the external walls of a building) shall be protected 

from the action of fire by being encased to the 
satisfaction of the district surveyor and to a thickness 
of not less than two inches in brickwork terra-cotta 
concrete metal lathing and plaster or cement but 
the casing on the upper surface of the upper flange 
of all girders and on the lower surface of all sub- 
sidiary joists may be of any thickness not less than 
one inch. Wood firrings shall not be used in con- 
nexion with any such casing Provided that this 
subsection shall not apply in the case of buildings of 
only one storey and not more than twenty-five feet 
in height : 

(6) Every girder shall be secured against buckling 

whenever the length of the girder exceeds thirty 
times the width of the compression flange and the 
web of every girder shall be secured against buckling 
in every case in which the depth of the web exceeds 
sixty times the thickness thereof : 

(7) The span of a girder shall not exceed twenty-four 

times the depth of the girder unless the calculated 
deflection of such girder is less than one four- 
hundredth part of the span : 

(8) Wherever two or more girders are arranged alongside 

and closely adjacent to one another and are intended 
to act together they shall be fixed together by means 
of iron separators and bolts or by riveted plates or 
in any other equally efficient manner approved by 
the district surveyor. Separators or plates or other 
members acting as separators shall not be placed at 
a distance apart exceeding five times the depth of 
the girders to which they are attached and shall 
also be placed immediately over all supports and 
immediately under -or at all concentrated loads : 

(9) All girders for supporting external walls shall be 

placed at the floor level of a storey or at a distance 
of not more than five feet above or below such floor 
level : 

(10) Kivets shall be used in all cases where reasonably 
practicable but where bolts are used they shall 
extend through the full thickness of the nuts 
attached thereto and the nuts shall in all cases be 



(GENERAL POWERS) ACT 1909. 231 

so secured as to avoid risk of their becoming loose. Sec. 22. 
The distance from the edge of a rivet hole or bolt, 
hole to the edge of the plate bar or member shall 
not be less than the diameter of the rivet or bolt. 
Rivets shall be so placed that their centres shall 
not be closer together than three times the diameter 
of the rivets. The pitch of rivets shall be measured 
in a continuous straight line and such straight line 
pitch in girders pillars and roofwork shall not 
exceed sixteen times the thickness of the thinnest 
plate bar or member through which they pass : 
(11) (A) An external wall may be of any thickness not 
less than eight and a half inches for the topmost 
twenty feet of its height and thirteen inches for 
the remainder of its height below such topmost 
twenty feet Provided that a less thickness shall 
be allowed in any case in which under the London 
Building Act 1894 such less thickness is prescribed 
but that nothing in this subsection shall override 
any of the requirements of this section in regard to 
the thickness of casing in connexion with pillars 
and girders and that in any case in which an 
external wall or portion of an external wall is not 
supported or carried or secured by metal frame- 
work within the limits of height and length 
prescribed by the First Schedule to the London 
Building Act 1894 for the purpose of determining 
the thickness of walls such external wall or portion 
of external wall shall be of a thickness not less than 
that prescribed by such schedule : 
(B) All party walls shall be of the thicknesses 
prescribed by the principal Acts : 
(c) All brickwork and work in which terra-cotta 
concrete stone tiles or other similar materials are 
used shall be executed in Portland cement mortar 
and shall be bedded close up to the metal frame- 
work without any intervening cavity and all joints 
shall be made full and solid. The cement so used 
shall be in accordance with the British standard 
specification from time to time in operation 
Provided that in party walls (exclusive of any 
parts thereof immediately surrounding metal 



232 THE LONDON COUNTY COUNCIL 

Sec. 22* framework) or other internal brickwork not con- 

structed to carry loads or stresses provided for 
under this section lime mortar may be used in 
accordance with the provisions of the principal 
Acts and any by-laws in force thereunder : 

(12) (A) No plate or bar in any steel or wrought-iron 
pillar shall in any part be less than a quarter of an 
inch thick and the bases of all such pillars shall be 
at right angles to the axis : 

(B) All joints in such pillars shall be close butted 
with cover-plates properly riveted and all joints 
between such pillars shall be properly fixed and 
made and unless unavoidable no joint shall be 
made between such pillars except at or as near 
as may be reasonably practicable to the level of a 
girder properly secured to such pillars : 
(c) The foot of every such pillar shall have a proper 
base-plate riveted thereto with sufficient gusset 
pieces to distribute properly the load on the 
foundations and the gusset pieces shall have 
sufficient rivets to transmit the whole of the load 
on to the base-plates : 

(D) Where any such pillars are built up hollow the 
cavities shall either be filled up with concrete or 
be covered in at both ends by metal plates riveted 
thereto : 

(13) (A) The width of every cast-iron pillar shall be not 
less than five inches and the metal of which such 
pillar is composed shall not be in any part of less 
thickness than three-quarters of an inch or one- 
twelfth of the least width of such pillar (whichever 
shall be the greater) : 

(B) The cap and base of every such pillar shall be 
in one piece with the pillar or be connected thereto 
with a properly turned and bored joint sufficiently 
fixed : 

(c) The ends of all such pillars shall be at right 
angles to the axis : 

(D) All joints between such pillars shall be at or 
as near as may be reasonably practicable to the level 
of a girder properly secured to such pillars and shall 
be fixed and made with not fewer than four bolts 



(GENERAL POWERS) AC? 1909. 233 

of not less diameter than the least thickness of metal Sec. 22. 
in the pillar. If more than four bolts are used the 
diameter of the bolts may be reduced proportion- 
ately but no bolt shall be less than three-quarters 
of an inch in diameter : 

(E) The base of every such pillar shall have such 
area as may be necessary to distribute properly the 
load on the foundations : 

(14) The base of every pillar shall be properly bedded 
so as to transmit uniformly the load upon such 
pillar to the foundations : 

(15) The stress in any metal interposed between the 
ends of a superimposed pillar and a pillar beneath 
shall not exceed the stress on the superimposed 
pillar and the least width across such interposed 
metal shall not be less than the least width of the 
superimposed pillar : 

(16) All floors and staircases (together with their enclos- 
ing walls) shall be constructed throughout of fire- 
resisting materials and be carried upon supports of 
fire-resisting materials : 

(17) All structural metal work comprised in the skeleton 
framework of a building shall be cleaned of all scale 
dust and loose rust and be thoroughly coated with 
one coat of boiled oil tar or paint before erection and 
after erection shall receive at least one additional 
coat. Where such metalwork is to be embedded or 
encased in brickwork terra-coata concrete stone tiles 
or other incombustible materials one coat of Portland 
cement wash of adequate consistency applied after 
erection may be used in lieu of coats of oil tar or 
paint : 

(18) (A) The dead load of a building shall consist of the 
actual weight of walls floors roofs partitions and all 
other permanent construction comprised in such 
building : 

(B) The superimposed load in respect of a building 
shall consist of all loads other than the dead load : 
(c) For the purpose of calculating the loads on 
foundations pillars (including brick pillars) piers 
walls framework girders and other constructions 
carrying loads in buildings the superimposed load 



234 THE LONDON COUNTY COUNCIL 

Sec. 22. on each floor and on the roof shall be estimated as 

equivalent to the following dead load : 

For a floor intended to be used wholly or princi- 
pally for the purposes of human habitation or for 
domestic purposes seventy pounds per square 
foot of floor area ; 

For a floor intended to be used wholly or 
principally for the purpose of an office or a 
counting house or for any similar purpose one 
hundred pounds per square foot of floor area ; 

For a floor intended to be used wholly or 
principally for the purpose of a workshop or 
retail shop one hundred and twelve pounds per 
square foot of floor area : 

For every floor in a building of the warehouse 
class not intended to be used wholly or princi- 
pally for any of the purposes aforesaid not less 
than two hundred and twenty-four pounds per 
square foot of floor area. In every building of 
the warehouse class a notice shall be exhibited 
in a conspicuous place on each storey of such 
building stating the maximum superimposed 
load per square foot which may be carried on the 
floor of such storey ; 

For a roof the plane of which inclines upwards 
at a greater angle than twenty degrees with the 
horizontal the superimposed load (which shall 
for this purpose be deemed to include wind 
pressure) shall be estimated at twenty-eight 
pounds per square foot of sloping surface ; 

For all other roofs the superimposed load shall 
be estimated at fifty-six pounds per square foot 
measured on a horizontal plane : 
Provided that if the superimposed load on any 
floor or roof is to exceed that hereinbefore specified 
for such floor or roof such greater load shall be 
provided for pursuant to subsection (2) of this 
section : 

Provided also that in the case of any floor in- 
tended to be used for a purpose for which a super- 
imposed load is not specified in this subsection the 
superimposed load to be carried on such floor 



(GENERAL POWERS) ACT, 1909. 235 

shall be provided for pursuant to the said sub- Sec. 22. 
section (2) : 

(19) For the purpose of calculating the total load to be 
carried on foundations pillars (including brick 
pillars) piers and walls in buildings of more than 
two storeys in height the superimposed loads for 
the roof and topmost storey shall be calculated in 
full in accordance with the last preceding sub- 
section of this section but for the lower storeys a 
reduction of the superimposed loads shall be al- 
lowed as follows : 

For the storey next below the topmost storey 
a reduction of five per centum of the full super- 
imposed load for such next storey calculated as 
aforesaid ; 

For the next succeeding lower storey a reduc- 
tion of ten per centum of the full superimposed 
load for such storey calculated as aforesaid and 
for each succeeding lower storey a further reduc- 
tion of five per centum of the full superimposed 
load for each such storey calculated as aforesaid 
Provided always that the total reduction in 
respect of any storey shall not exceed fifty per 
centum of the full superimposed load for such 
storey ; 

No such reduction as aforesaid shall be allowed 
in the case of a building of the warehouse class ; 

(20) All buildings shall be so designed as to resist safely 
a wind pressure in any horizontal direction of not 
less than thirty pounds per square foot of the 
upper two-thirds of the surface of such buildings 
exposed to wind pressure : 

(21) (A) The working stresses on pillars of cast iron 
or mild steel due to the loads thereon (other than 
stresses induced by wind pressure) shall not exceed 
those specified in the two next following tables 
according to the several ratios therein specified 
or a proportionate load for intermediate or other 
ratios : 



236 



Sec. 22. 



LONDON COtTNT? GOtitfClL 
CAST-IRON PILLARS. 



Ratio of 


Working Stresses in Tons per Square 
Inch of Net Section. 


Rad'us of 
Gyration. 


Hinged 
Ends. 


One End hinged 
and one End 
fixed. 


Both Ends 
fixed. 


20 


3-5 


4-0 


4-5 


30 


3-0 


3-5 


4-0 


40 


2'5 


3-0 


3-5 


50 


2-0 


2-5 


3-0 


60 


1-5 


2-0 


2-5 


70 


1-0 


1-5 


2-0 


80 


5 


1-0 


1-5 



MILD STEEL PILLARS. 



Working Stresses in Tons per Square 



Ratio of 


lllCil Ul rU'CUUMl. 


Length to least 
Radius of 
Gyration. 


Hinged 
Ends. 


One End hinged 
and one End 
fixed. 


Both Ends 
fixed. 


20 


4-0 


5-0 


6-0 


40 


3-5 


4-5 


5-5 


60 


3-0 


4-0 


5-0 


80 


2-5 


3-5 


4-5 


100 


2-0 


3-0 


4-0 


120 


1-0 


2-5 


3-5 


140 


o-o 


2-0 


3-0 


160 




1-0 


2-5 


180 




o-o 


1-5 


200 






0-5 


210 






o-o 



(B) The working stresses on wrought-iron pillars 
due to the loads thereon (other than stresses induced 
by wind pressure) shall not exceed two-thirds of 
the stresses hereinbefore specified with respect to 
mild steel pillars : 

(c) Any such pillar eccentrically loaded shall have 
the stresses caused by such eccentricity computed 
and the combined stresses resulting from such 



(GENERAL POWERS) ACT, 1909. 



237 



eccentricity at any part of such pillar when added Sec. 22. 
to all other stresses at that part shall in no case 
exceed the working stresses specified in this sub- 
section : 

Provided that working stresses exceeding those 
specified in paragraphs (A) (B) and (c) of this sub- 
section by not more than twenty-five per centum 
may be allowed in cases in which such excess is 
due to stresses induced by wind pressure : 
(D) The eccentric load of a pillar shall be con- 
sidered to be distributed uniformly over the area 
of the cross section of such pillar at the next lower 
level at which such pillar is fixed and secured in 
the direction of eccentricity : 

(22) The working stresses of iron and steel (except in the 
case of pillars as hereinbefore provided) shall not 
exceed the following : 





Working Stresses in Tons per Square Inch. 




Tension. 


Com- 
pression. 


Shearing. 


Bearing. 


Cast iron 
Wrought iron - 
Mild Steel - - 


1-5 
5 
7-5 


8 
5 
7-5 


1-5 
4 
5-5 


10 
7 
11 



(23) In the case of any rivet used in double shear the 
working shear on such rivet shall not exceed one 
and three-quarter times the working shear allowed 
under this section on a like rivet when used in 
single shear : 

(24) The pressures of foundations on the natural ground 
shall not exceed the following : 



Natural bed of soft clay or wet or loose sand - 

Natural bed of ordinary clay or confined sand 

Natural bed of compact gravel London blue 

clay or chalk 



Tons per 
Square Foot. 



238 THE LONDON COUNTY COUNCIL 

Sec. 22 (25) The pressure on concrete foundations shall not 
exceed twelve tons per square foot : 

(26) No disengaged brick pillar shall have a height 
without proper lateral supports of more than six 
times its least width but any such pillar with 
proper lateral supports may have a height between 
such supports not more than twelve times the least 
width of such pillar Such width shall in no case 
be less than thirteen-and-a-half inches : 

(27) The pressure on any brickwork shall not exceed the 
following : 





Tons per 




Square Foot. 


Blue brick in cement mortar - 


12 


Hard brick (including London stock) in 




cement mortar 


8 


Ordinary brick in cement mortar - 


5 



(28) The Council may prescribe the materials and the 
proportions of the materials to be used in any 
concrete provided under the provisions of this 
section to which the provisions of the principal 
Acts or any of them or any by-laws in force there- 
under do not apply : 

(29) It shall be lawful to make any addition to or alter- 
ation of or to do other work to in or upon a 
building un accordance with the provisions of this 
section provided that the loads and stresses in the 
part of a building so added to or altered or in or 
upon which such other work is done are transmitted 
from the roof to the foundations by a skeleton 
framework of metal or partly by a skeleton frame- 
work of metal and partly by a party wall or party 
walls and the provisions of this section shall in all 
respects apply to such part of a building as if the 
same were a separate building : 

(30) Any structural metal hereafter standardised by the 
Engineering Standards Committee as before men- 
tioned shall be used in the erection of buildings or 
additions alterations or other work made or done 



(GENERAL POWERS) ACT, 1909. 239 

under the provisions of this section only subject to Sec. 22. 
such terms and conditions as the Council may 
think fit to attach either generally or in any 
particular case to the use of such metal but any 
person dissatisfied with any term or condition 
attached by the Council may appeal to the tribunal 
of appeal. Any person failing to comply with any 
such term or condition attached by the Council or 
(in the event of appeal) by the tribunal of appeal 
shall be liable to a penalty to be recoverable in a 
summary manner not exceeding twenty pounds 
and to a daily penalty not exceeding the like 
amount : 

(31) In the case of the erection of a new building of 
metal skeleton framework or the making of any 
addition or alteration or the carrying out of other 
work under the provisions of this section the notice 
required to be served on the district surveyor 
under section 145 of the London Building Act 1894 
shall be accompanied (A) in the case of a new 
building by plans and sections of sufficient detail 
to show the construction thereof together with a 
copy of the calculations of the loads and stresses to 
be provided for and particulars of the materials to 
be used and should such plans sections calculations 
or particulars be in the opinion of the district 
surveyor not in sufficient detail the person de- 
positing the same shall furnish the district surveyor 
with such further plans sections calculations or 
particulars as he may reasonably require and (B) in 
the case of an alteration or addition or other work 
as aforesaid by such plans sections calculations and 
particulars as the district surveyor may reasonably 
require : 

(32) The district surveyor may for the purpose of due 
supervision of the construction of a building require 
to be furnished with reasonable proof as to the 
quality of metal to be used in such construction 
and may if not furnished with such proof or for 
any other reason require the builder or other person 
causing or directing the work to be executed to 
make any tests which the district surveyor may 



240 THE LONDON COUNTY COUNCIL 

Sec. 22- consider necessary and to drill any pillar (in all 

cases if reasonably practicable before the same is 
encased) at any point to ascertain its thickness : 

(33) Any person dissatisfied with any requirement of the 
district surveyor under this section may within 
fourteen days of the date of the service of a notice 
from the district surveyor of such requirement 
appeal to a petty sessional court who may make an 
order affirming such requirement or otherwise and 
every builder or other person failing to comply 
with any such order shall be liable to a penalty 
(to be recoverable in a summary manner) not ex- 
ceeding twenty pounds a day during every day of 
the continuance of the non-compliance with such 
order : 

(34) In order to facilitate the erection of buildings of 
metal skeleton framework it shall be lawful for the 
Council to modify or waive any of the requirements 
of subsections (3) (4) (5) (8) (9) (11) (12) (B) (17) 
(20) (24) and (26) of this section upon and subject 
to such terms and conditions as they may think fit 
and any person dissatisfied with the refusal of the 
Council to modify or waive any of such require- 
ments or with any term or condition which the 
Council may attach to any modification or waiver 
may appeal to the tribunal of appeal. Any person 
failing to comply with any term or condition 
attached by the Council or (in the event of appeal) 
by the tribunal of appeal to such modification or 
waiver shall be liable to a penalty to be recoverable 
in a summary manner not exceeding twenty pounds 
and to a daily penalty not exceeding the like 
amount : 

(35) If the Council within the period of one month or 
in the event of such period of one month commenc- 
ing or expiring on any day between the eighth day 
of August and the fourteenth day of September 
(both inclusive) then within a period of two months 
after the receipt of a written application for the 
modification or waiver of any of the requirements 
of this section which the Council are empowered to 
waive or modify fail to give notice to the applicant 



(GENERAL POWEES) ACT, 1909. 241 

of their refusal or grant thereof the Council shall Sec. 22. 
be deemed to have granted such application. 

23 (1) The Council may make regulations with respect power to 
to the construction of buildings wholly or partly of jjf ation8 
reinforced concrete and with respect to the use and com* as to use of 
position of reinforced concrete in such construction and for 
the purpose of framing such regulations may carry out 
such investigations and make such tests as they may deem 
necessary and the provisions of this section and of any such 
regulations shall (subject to any exemptions contained in 
the principal Acts or any of them) have affect notwith- 
standing any provisions of the said Acts or any of them or 
any by-law in force thereunder which may be inconsistent 
therewith or contrary thereto. 

(2) Subject to such regulations as aforesaid buildings 
may be constructed wholly or partly of reinforced concrete 
but except as provided by this section or by such regula- 
tions buildings so constructed shall (subject to any exemp- 
tions contained in the principal Acts or any of them) be 
subject to and comply with all such provisions of the said 
Acts or any of them and of any by-laws in force there- 
under as may not be inconsistent with or contrary to the 
provisions of this section or any regulations in force there- 
under. 

(3) No such regulations shall have any force or effect 
unless or until they shall have been submitted to and 
confirmed at a meeting of the Council subsequent to that 
at which the regulations shall have been made nor shall 
any such regulations have any force or effect until the 
same shall have been allowed by the Local Government 
Board. 

(4) The Council shall give to the Surveyors' Institution 
the Institution of Civil Engineers the Eoyal Institute of 
British Architects and the Concrete Institute notice of 
their intention to apply to the Local Government Board 
for allowance of any regulations made under this sec- 
tion. 

(5) All regulations made and confirmed and allowed as 
aforesaid shall be published in the London Gazette and 
printed and hung up at the County Hall and be open to 
public inspection without payment and copies thereof shall 

16 



242 THE LONDON COUNTY COUNCIL 

Sec. 23* be delivered to any person applying for the same on 
payment of such sum not exceeding twopence as the 
Council shall direct and such regulations when so published 
shall come into operation upon a date to be fixed by the 
Local Government Board in allowing the regulations and 
the production of a printed copy of such regulations 
authenticated by the seal of the Council shall be evidence 
of the existence and of the due making allowance and 
publication of such regulations in all prosecutions or other 
proceedings under the same without adducing proof of such 
seal or of the fact of such making confirmation allowance 
or publication of such regulations. 

This part of 24 The foregoing provisions of this Part of this Act 
regulations an ^ anv re g u l a ^ ons m force thereunder shall be deemed 
to form to form part of Part VI. of the London Building Act -1894 
vi r of fPart and this Part of this Act and any references in the princi- 

ain P al Acts to the said Act of 1894 or anv Part tn ereof shall 
be construed accordingly. 



Tribunal of 25 (1) For the purposes of this Part of this Act the 
appeal, &c. t r i Duna l o f appeal shall consist of the three members of the 
tribunal of appeal from time to time appointed under 
section 175 of the London Building Act 1894 and of one 
member appointed by the Council of the Institution of 
Civil Engineers. 

(2) In the event of there being an equality of votes on 
the tribunal of appeal on any matter arising under this 
Part of this Act the member acting as the chairman of 
such tribunal for the time being shall have a second or 
casting vote. 

(3) Kegulations made or to be made under section 184 
of the London Building Act 1894 shall apply to appeals 
under this Part of this Act to the tribunal of appeal. 

(4) Subject to the provisions of this section the pro- 
visions of section 156 and sections 175 to 186 (inclusive) of 
the London Building Act 1894 shall apply to the tribunal 
of appeal and appeals thereto under this part of this Act 
as if the tribunal of appeal referred to in those sections 
were the tribunal of appeal constituted by this part of this 
Act. 



(GENERAL POWERS) ACT, 1909. 243 

26 (1) Where under the provisions of this Part of this increased 
Act or any regulations in force thereunder any building is Strict 
erected or any addition or alteration or other work is made surveyor in 
or done to or on any building the district surveyor shall caseB. n 
be entitled with regard to such building addition altera- 
tion or other work to a fee equal to two and a half times 
the amount of the fee specified with regard to new buildings 
in Part I. of the Third Schedule to the London Building 
Act 1894 calculated as follows : 

New Buildings. 

Upon the area and height of the building as specified in 
the said Part I. of the said Third Schedule. 

Additions. 

Upon the area and height of the addition (including 
therein such portion of the building as may be struc- 
turally affected by any alteration or other work 
necessitated by or involved in the making of the 
addition) as if such addition had been a new building 
of the same area and height. 

Alterations and other Works. 

Upon the area and height of the portion of the building 
structurally affected by the alteration or other work 
(not necessitated by or involved in the making of an 
addition) as if such portion had been a new building 
of the same area and height. 

Provided that in calculating the fees payable under this 
section no regard shall be had to the proviso contained in 
the said Part I. of the said Third Schedule. 

Provided also that the fees payable to the district sur- 
veyor in respect of arches or fire-resisting floors over or 
under public ways the formation or closing of openings in 
party walls and on chimneys and flues shall be those 
specified in the said Part I. of the said Third Schedule. 

(2) One-fifth of the amount of any fee payable under 
this section shall be paid to the district surveyor at the 
time when notice is served on him under section 145 of 
the London Building Act 1894. 



244 THE LONDON COUNTY COUNCIL. 

Sec. 26 (3) Subject to the provisions of this section all the 
provisions of the London Building Act 1894 relating to 
the payment to and recovery by the district surveyor of 
fees shall extend and apply to the fees provided for by 
this section. 

saving 27 The provisions of this Part of this Act and any 

pow^nfand re g u l at i ns m force thereunder shall not apply in the case 
Sghts. saa of the erection or alteration of or the making of an addi- 
tion to or the doing of other work to in or upon any 
building in accordance with the provisions of the principal 
Acts and nothing in this Part of this Act or in any regula- 
tions in force thereunder shall take away or prejudice any 
powers rights privileges or exemptions vested in or enjoyed 
by any person under the principal Acts or any of them. 






245 



SECTION F. 

SECTIONS OF VARIOUS ACTS WHICH 
RELATE TO BUILDINGS AND ARE 
IN FORCE AT THE PRESENT TIME. 

SUMMARY OF ACTS. 

PAGE 

The Metropolis Management Act, 1855 247-257 

The Metropolis Local Management Acts Amendment Act, 

1862 - - - 258-265 

The Metropolis Management and Building Acts Amendment 

Act, 1878 - 266-274 

Metropolis Management (Thames River Prevention of Floods) 

Amendment Act, 1879 275-301 
Metropolitan Board of Works (Various Powers) Act, 1882 303, 304 
The London County Council (General Powers) Act, 1890 305-307 
The Metropolis Management Amendment Act, 1890 - 309-314 
The Public Health (London) Act, 1891 relating to under- 
ground rooms &c. 315-318 

The Public Health (London) Act, 1891 relating to work- 
shops, bakehouses, &c. 320-327 
Factory and Workshop Act, 1901 relating to health, safety, 
and means of escape in case of fire, and sanitary ac- 
commodation - 328-343 
Factory and Workshop Act, 1907 relating to laundries and 

certain institutions 344-350 



246 



THE METEOPOLIS MANAGEMENT ACT, 1855. 
18 & 19 VICT V c. 120. 

SECTION PAGE 

71. Gullyholes, &c., to be trapped 247 

73. Vestry or District Board in certain cases may compel 

owners, &c., of houses to construct drains into the 
common sewer. Penalty on owner, &c., for neglect 247, 248 

74. Provision of combined drainage of blocks of houses 248, 249 

75. No house to be built without drains constructed to the 

satisfaction of the Vestry or District Board - - 249 

76. Notice of buildings to be given to the Vestry or District 

Board before commencing the same - - - 249, 250 

77. Power to branch drains into sewers constructed by 

Metropolitan Board, or any Vestry or District Board, 

under certain regulations. Penalty - 250, 251 

82. Powers for Vestries and District Boards to authorise 

inspection of drains, privies, and cesspools - - - 251 
85. Vestry or District Board to cause drains, &c., to be 

put into proper condition, &c., where necessary - - 251 

101. Vaults and cellars under streets not to be made 

without the consent of the Vestry or Board - 251, 252 

102. Vaults, &c., under streets to be repaired by owners or 

occupiers - 252 

105. Provisions for paving new streets - 252, 253 

119. Owners, &c., to remove future projections, on notice 

from Vestry or District Board. Penalty for neglect 253 

120. Vestry or District Board may remove existing pro- 

jections, and make compensation for the same - - 254 

121. Hoards to be erected during repairs. Penalty on not 

erecting hoards 254 

122. No hoard to be erected without license from Vestry or 

District Board 255 

123. If hoard be erected, or materials be deposited in any 

manner otherwise than to the satisfaction of the 
Vestry or District Board, the same may be removed 255 

BY-LAWS. 

202. Power to Metropolitan Board of Works to make by- 

laws. Penalty for breach of by-laws. Power to 

Justices to remit penalties 256 

203. Publication of by-laws. Evidence of by-laws - - 257 

204. Buildings not to be made over sewers without consent 257 



247 



THE METROPOLIS MANAGEMENT 
ACT, 1855. 

18 & 19 VICT., c. 120. 

This Act is still in force (see Fourth Schedule, L.B.A., 
1894, page 164), the portions repealed being Section 142, 
and in Section 202 the words " the plans, level, width, 
surface, inclination, &c.," and the words "and the plans 
and level of sites for building." 

The following clauses relate to buildings : 

71 Every District Board and Vestry shall, by pro- Guiiyhoies, 
viding proper traps or other coverings, or by ventilation, tapped! 6 
or by such other ways and means as shall be practicable 
for that purpose, prevent the effluvia of sewers from 
exhaling through gullyholes, gratings, or other openings 
of sewers in any of the-, streets or other places within their 
district or parish. 

73 If any house or building, whether built before or vestry or 
after the commencement of this Act, situate within any j^reun 
such parish or district, be found not to be drained by a certain 
sufficient drain communicating with some sewer and compel^ 
emptying itself into the same, to the satisfaction of the JJfousetto 
Vestry or Board of such parish or district, and if a sewer construct 
of sufficient size be within one hundred feet of any part the^com^ 
of such house or building, on a lower level than such house mon sewer, 
or building, it shall be lawful for the Vestry or Board at 
their discretion, by notice in writing, to require the owner 
of such house or building forthwith, or within such reason- 
able time as may be appointed by the Vestry or Board, to 
construct and make from such house or building into any 
such sewer a covered drain, and such branches thereto, of 
such materials, of such size, at such level and with such 
fall as shall be adequate for the drainage of such house or 
building and its several floors or stories, and also of its 



248 THE METROPOLIS MANAGEMENT ACT, 1855. 

Sec. 73. areas, water-closets, privies, and offices (if any), and for 
conveying the soil, drainage, and wash therefrom into the 
said sewer, and to provide fit and proper paved or imper- 
meable sloped surfaces for conveying surface water thereto, 
and fit and proper sinks, and fit and proper syphoned or 
otherwise trapped inlets and outlets for hindering stench 
therefrom, and fit and proper water supply and water 
supplying pipes, cisterns, and apparatus for scouring the 
same and for causing the same to convey away the soil, 
and fit and proper sand traps, expanding inlets, and other 
apparatus for hindering the entry of improper substances 
therein, and all other such fit and proper works and 
arrangements as may appear to the Vestry or Board, or 
to their officers, requisite to secure the same and proper 
working of the said drain, and to prevent the same from 
obstructing or otherwise injuring or impeding the action 
of the sewer to which it leads ; and it shall be lawful for 
the said Vestry or Board to cause the said works to be 
inspected while in progress, and from time to time during 
their execution to order such reasonable alterations therein, 
additions thereto, and abandonment of part or parts thereof, 
as may to the Vestry or Board or their officers appear, on 
the fuller knowledge afforded by the opening of the ground, 
requisite to secure the complete and perfect working of 
such works ; and if the owner of such house or building 
neglect or refuse, during twenty-eight days after the said 
Penalty on notice has been delivered to such owner, or left at such 
&CM for house or building, to begin to construct such drain and 
neglect. other works aforesaid, or any of them, or thereafter fail to 
carry them on and complete them with all reasonable 
despatch, it shall be lawful for the Vestry or Board to 
cause the same to be constructed and made, and to recover 
the expenses to be incurred thereby from such owner in 

the manner hereinafter provided. 

r 

Provision 74 If it appear to the Vestry or Board of any parish 
Sned m or district that a group or block of contiguous houses, 
drainage of or of adjacent detached or semi-detached houses, may 

blocks Of i -i n -i T n 1 

houses. be drained and improved more economically or advan- 
tageously in combination than separately, and a sewer of 
sufficient size already exist or be about to be constructed 
within one hundred feet of any part of such group or 



THE METROPOLIS MANAGEMENT ACT, 1855. 249 

block of houses, whether contiguous, detached, or semi- Sec 74. 
detached, it shall be lawful for such Board or Vestry 
to order that such group or block of houses be drained 
and improved, as hereinbefore provided, by a combined 
operation. 

75 It shall not be lawful to erect any house or other NO house to 
building in any parish mentioned in Schedule (A.) to jjftjjjj}* 
this Act, or in any district mentioned in Schedule (B.) to drainage 
this Act, or to rebuild any house or building within any Sructed to 
such parish or district which has been pulled down to or factSrfof 
below the floor commonly called the ground floor, or to the vestry 
occupy any house or building so newly built or rebuilt, Board!" 
unless a drain and such branches thereto, and other con- 
nected works and apparatus and water supply as herein- 
before mentioned, be constructed and provided to the 
satisfaction of the surveyor of the Vestry of such parish 
or Board of Works for such district, of such materials, of 
such size at such level and with such fall as they may 
direct, so that the same shall be available for the drainage 
of the lowest floor of such house or building, and of its 
several floors or stories, and also of its areas, water-closets, 
privies, and offices (if any), which drain shall lead from 
such house or building, or the intended site of such house 
or building, to such sewer, already made or intended to 
be constructed near thereto, as the Vestry or Board shall 
direct and appoint, or if there be no such sewer existing 
or intended to be constructed within one hundred feet of 
any part of the intended site of such house or building, 
then to such covered cesspool or other place not being 
under any dwelling-house, as the Vestry or Board shall 
direct ; and whenever any house or building is rebuilt as 
aforesaid, the level of the lowest floor of such house or 
building shall be raised sufficiently to allow of the con- 
struction of such a drain and such branches thereto and 
other works and apparatus as are hereinbefore required, 
and for that purpose the levels shall be taken and 
determined under the direction of the Vestry or District 
Board. 

76 Before beginning to lay or dig out the foundation 
of any new house or building within any such parish 



250 THE METROPOLIS MANAGEMENT ACT, 1855. 



Notice of 
buildings to 
be given to 
the Vestry 
or District 
Board be- 
fore com- 
mencing 
the same. 



Sec. 76. or district, or to rebuild any house or building therein, and 
also before making any drain for the purpose of draining 
directly or indirectly into any sewer under the jurisdiction 
of the Vestry or Board of or for any such parish or district, 
seven days' notice in writing shall be given to the Vestry 
or Board by the person intending to build or rebuild such 
house or building or to make such drain ; and every such 
foundation shall be laid at such level as will permit the 
drainage of such house or building in compliance with this 
Act, and as the Vestry or Board shall order, and every 
such drain shall be made in such direction, manner, and 
form, and of such materials and workmanship, and with 
such branches thereto and other connected works and 
apparatus and water supply as hereinbefore mentioned, 
and as the Vestry or Board shall order, and the making 
of every such drain shall be under the survey and control 
of the Vestry or Board ; and the Vestry or District Board 
shall make their order in relation to the matters aforesaid, 
and cause the same to be notified to the person from whom 
such notice was received within seven days after the receipt 
of such notice, and in default of such notice, or if such 
house, building, or drain, or branches thereto or other 
connected works and apparatus and water supply, be 
begun, erected, made, or provided in any respect contrary 
to any order of the Vestry or Board made and notified as 
aforesaid, or the provisions of this Act, it shall be lawful 
for the Vestry or Board to cause such house or building 
to be demolished or altered, and to cause such drain or 
branches thereto and other connected works and apparatus 
and water supply to be relaid, amended, and remade, or, 
in the event of omission, added, as the case may require, 
and to recover the expenses thereof from the owner thereof 
in the manner hereinafter provided. 



Power to 
branch 
drains into 
sewers con- 
structed 
by Metro- 
politan 
Board or 
any Vestry 
or District 
Board 
under 
certain re- 
gulations. 



77 It shall be lawful for any person, at his own ex- 
pense, to make or branch any drain into any of the sewers 
vested in the Metropolitan Board of Works or any Vestry 
or District Board under this Act, or authorised to be 
made by them under this Act, such drain being of such a 
size, and of such conditions, and branched to such sewer, 
in such a manner and form of communication in all re- 
spects as the Vestry or Board shall direct or appoint ; and 



THE METROPOLIS MANAGEMENT ACT, 1855. 251 

in case any person make or branch any drain into any of Sec. 77. 
the said sewers so vested in the Vestry or Board, or 
authorised to be made by them under this Act, of a larger 
size, or of different conditions, or in a different manner 
and form of communication than shall be directed or ap- 
pointed by the Vestry or Board, every person so offending 
shall for every such offence forfeit a sum not exceeding 
fifty pounds. 

82 It shall be lawful for any such Vestry or Board-, Penalty, 
or for their surveyor or inspector, or such other person vestries ' 
as they appoint, to inspect any drain, water-closet, privy, and 
cesspool, or water supply apparatus, or sinks, traps, Boards to 
syphons, pipes, or other works or apparatus connected ^^jj^ 
therewith, within the parish or district of such Vestry or of drains, 
Board, and for that purpose, at all reasonable times in 
daytime, after twenty-four hours' notice in writing has been 
given to the occupier of the premises to which such drain, 
water-closet, privy, cesspool, or water supply apparatus, 
or other connected works or apparatus as aforesaid, is 
attached, or left upon the premises, or in case of emergency 
without notice to enter, by themselves, or their surveyor or 
inspector and workmen, upon any premises, and cause the 
ground to be opened in any place they think fit, doing as 
little damage as may be. 

85 If, upon such inspection as aforesaid, any drain, vestry or 
\vater-closet, privy or cesspool appear to be in bad order g^^* 
and condition, or to require cleansing, alteration or amend- to cause 
ment, or to be filled up, the Vestry or Board shall cause to*beput c ' 
notice in writing to be given to the owner or occupier of j.ond?tion! r 
the premises upon or in respect of which the inspection &c., where 
was made, requiring him forthwith, or within such reason- n 
able time as shall be specified in such notice, to do the 
necessary works ; and if such notice be not complied with 
by the person to whom it is given the Vestry or Board 
may, if they think fit, execute such works, and the expenses 
incurred by them in so doing shall be paid to them by the 
owner or occupier of the premises. 

101 No vault, arch, or cellar shall be made under any 
street without the consent of the Vestry or District Board 



252 THE METROPOLIS MANAGEMENT ACT, 1855. 

Sec. 101 of the parish or district in which the same is situate ; and 
Cellars and a ^ sucn Vam " ts > arches, and cellars hereafter to be made 
under within any parish or district mentioned in either of the 

Sjbemade Scnedules ( A -) and ( B to tm ' s Act sna11 be substantially 
without the made, and so as not to interfere or communicate with any 

consent of , . ' -, , , , _ T T^' i , 

the Vestry dram or sewer under the control of any Vestry or District 
or Board. Board, or of the Metropolitan Board of Works, without 
their consents respectively first obtained ; and if any vault, 
arch, or cellar be made contrary to this provision it shall be 
lawful for the Vestry or District Board, or for the Metro- 
politan Board of Works, to fill up or alter the same, and 
the expenses incurred thereby shall be paid by the owner 
of such vault, arch, or cellar. 

vaults, &c., 102 All vaults, arches, and cellars made either before 

streets to or a ^ er ^ ne commencement of this Act under any street 

be repaired in any parish or district mentioned in either of the 

or cScu* Schedules (A.) and (B.) to this Act, and all openings into 

piers. the same in any such street, shall be repaired and kept in 

proper order by the owners or occupiers of the houses or 

buildings to which the same respectively belong ; and in 

case any such vault, arch, or cellar be at any time out of 

repair, it shall be lawful for the Vestry or District Board 

of such parish or district to cause the same to be repaired 

and put into good order, and to recover the expenses thereof 

from such owner in the manner hereinafter provided. 

C8 

Provisions 105 In case the owners of the houses forming the greater 
J 3 r w pavmg part of any new street laid out or made or hereafter to be 
streets. laid out or made, which is not paved to the satisfaction of 
the Vestry or District Board of the parish or district in 
which such street or district is situate, be desirous of 
having the same paved, as hereinafter mentioned, or if such 
Vestry or Board deem it necessary or expedient that the 
same should be so paved, then and in either of such cases 
such Vestry or Board shall well and sufficiently pave the 
same, either throughout the whole breadth of the carriage- 
way and footpaths thereof, or any part of such breadth, 
and from time to time keep such pavement in good and 
sufficient repair ; and the owners of the houses forming 
such street shall, on demand, pay to such Vestry or Board 
the amount of the estimated expenses of providing and 



THE METROPOLIS MANAGEMENT ACT, 1855. 253 

laying such pavement (such amount to be determined by Sec. 105. 
the surveyor for the time being of the Vestry or Board) ; 
and in case such estimated expenses exceed the actual 
expenses of such paving, then the difference between such 
estimated expenses and such actual expenses shall be 
repaid by the said Vestry or Board to the owners of houses 
by whom the said sum of money has been paid ; and in 
case the said estimated expenses be less than the actual 
expenses of such paving, then the owners of the said houses 
shall, on demand, pay to the said Vestry or Board such 
further sum of money as, together with the sum already 
paid, amounts to such actual expenses. 

119 If any porch, shed, projecting window, step, Owners, 
cellar door or window, or steps leading into any cellar or ^ C move 
otherwise, lamp, lamp post, lamp iron, sign, sign post, sign future pro- 
iron, snowboard, window shutter, wall, gate, fence, or open- n^icefrom 
ing, or any other projection or obstruction placed or made Eiltr?ct r 
against or in front of any house or building after the com- Board, 
mencement of this Act, shall be an annoyance, in conse- 
quence of the same projecting into or being made in or 
endangering or rendering less commodious the passage 
along any street in their parish or district, it shall be 
lawful for the Vestry or District Board to give notice in 
writing to the owner or occupier of such house or building 
to remove such projection or obstruction, or to alter the 
same in such manner as the Vestry or Board think fit ; 
and such owner or occupier shall, within fourteen days 
after the service of such notice upon him, remove such 
projection or obstruction, or alter the same in the manner 
directed by the Vestry or Board; and if the owner or 
occupier of any such house or building neglect or refuse, penalty for 
within fourteen days after such notice, to remove such neglect - 
projection or obstruction, or to alter the same in the 
manner directed by the Vestry or Board, he shall forfeit 
any sum not exceeding five pounds, and a further sum 
not exceeding forty shillings for every day during which 
such projection or obstruction continues after the ex- 
piration of such fourteen days from the time when he 
may be convicted of any offence contrary to the provisions 
hereof. 



254 THE METROPOLIS MANAGEMENT ACT, 1855. 

Vestry or 12Q It shall be lawful for every Vestry and District 
Board. may Board, if any projection or obstruction which has been 
exSSng pl ace( l or made against or in front of any house or building 
projections in any such street before the commencement of this Act 
compensa- sna ^ be an annoyance as aforesaid, to cause the same to be 
tion for the removed or altered as they think fit. Provided always 
that the Vestry or Board shall give notice in writing of 
such intended removal or alteration to the owner or occu- 
pier against or in front of whose house or building such 
projection or obstruction shall be, seven days before such 
removal or alteration shall be commenced, and shall make 
reasonable compensation to every person who shall incur 
any loss or damage by such removal, excepting in cases 
where the obstruction or projection may now be removable 
under any Act, in which case no compensation shall be 
made. 



Hoards to 121 Every person who shall build or begin to build, 
durln e g cted ' or ta ^ e down or begin to take down, any house, building, 
repairs. or wall, or alter or repair, or begin to alter or repair, the 
outward part of any house, building, or wall, shall, in all 
cases in which the footway is thereby obstructed or ren- 
dered inconvenient, cause to be put up a proper and suffi- 
cient hoard or fence, with a convenient platform and 
handrail, if there be room enough for the same, to serve as 
a footway for passengers outside of such hoard or fence, 
and shall continue such hoard or fence, in such cases as 
aforesaid, with such platform and handrail, standing and in 
good condition, to the satisfaction of the Vestry or District 
Board of the parish or district in which such house, build- 
ing, or wall is situate, during such time as may be neces- 
sary for the public safety or convenience, and shall, in all 
cases in which the same is necessary to prevent accidents, 
cause such hoard or fence to be well lighted during the 
Penalty on night ; and every such person who fails to put up such 
fng hoards n oard or f ence an< l such platform, with such handrail as 
aforesaid, or who does not, whilst the said hoard or fence 
is standing, keep the same well lighted during the night, 
shall for every such offence forfeit a sum not exceeding 
five pounds, and a further sum not exceeding forty shillings 
for every day during the continuance of such default. 



THE METROPOLIS MANAGEMENT ACT, 1855. 255 

122 It shall not be lawful for any person to erect or NO hoard to 
set up in any street any hoard or fence or scaffold for any wtthout ed 
purpose whatever, or any posts, bars, rails, boards, or* icense 
other things by way of inclosure, for the purpose of making vestry or 
mortar, or of depositing bricks, lime, rubbish, or other B ^rd Ct 
materials, without a license in writing first had and ob- 
tained from the clerk or surveyor of the Vestry or District 
Board of the parish or district in which such street is 
situate ; and every such license shall state the place where 
and the purpose for which such hoard or fence, scaffold, or 
inclosure is to be set up or made, and the size thereof, and 
the time for which it is to be permitted to continue. 

123 If any person erect or set up in any street any if hoard be 
hoard or fence or scaffold for any purpose whatever, or any ^Serial? 
posts, bars, rails, boards, or other things by way of inclosure, be de- 
for the purpose of making mortar, or of depositing bricks, any lted 
lime, rubbish, or other materials, without a license from JJ?Sise 
the Vestry or District Board, or do any such act as afore- than to the 
said in any other manner than as permitted by such license, tfo^ofthe 
or continue the same beyond the >time stated in such Vestry or 
license, or fail to keep any hoard, fence, platform or hand- Board, the 
rail in good repair, he shall for every such offence forfeit fJ ) ( J. may 
a sum not exceeding five pounds, and a further sum not moved, 
exceeding forty shillings for every day during the continu- 
ance of such offence ; and it shall be lawful for the Vestry 
or Board to cause such hoard, fence, scaffold, or inclosure 
to be pulled down, and the materials thereof, and also all 
the bricks, mortar, lime, or other building materials, or 
other matters or things contained within any such inclosure, 
to be removed, and deposited in such place as the Vestry 
or Board may think fit, and to be kept until the charges of 
pulling down and removing>the same be paid to the Vestry 
or Board ; and in case the same be not claimed and the 
said charges paid within the space of eight days next after 
such seizure thereof, it shall be, lawful for the Vestry or 
Board to order the same to be sold, and by and out of the 
proceeds of such sale to pay such charges, rendering any 
surplus to the owner or other person by law entitled 
thereto ; and in case the proceeds of such sale be insufficient 
to cover such charges, and the charges of selling and dis- 
posing of such materials, matters, and things, the deficiency 



256 THE METROPOLIS MANAGEMENT? ACT, 1855. 



Sec. 123. shall be repaid by the owner of such materials, matters, and 
things to the Vestry or District Board on demand. 



By-laws. 



Power to 
Metro- 
politan 
Board of 
Works to 
make by- 
laws. 



202 The Metropolitan Board of Works, and every 
District Board and Vestry respectively, may from time to 
time make, alter, and repeal by-laws for all or any of the 
purposes following : (that is to say) for regulating the busi- 
ness and proceedings at their meetings and of committees 
appointed by them, the appointment and removal of their 
officers and servants, and the duties, conduct, and remunera- 
tion of such officers and servants ; and the said Metro- 
politan Board may also from time to time make, alter, and 
repeal by-laws for regulating the material of the pavement 
and roadway of new streets and roads, and for regulating 
the dimensions, form, and mode of construction, and the 
keeping, cleansing, and repairing of the pipes, drains, and 
other means of communicating with sewers, and the traps 
and apparatus connected therewith ; for the emptying, 
cleansing, closing, and filling up of cesspools and privies 
and for other works of cleansing, and of removing and 
disposing of refuse, and for regulating the form of appeal 
and mode of proceeding thereon, and generally for carrying 
into effect the purposes of this Act ; and every such Board 
Penalty for and Vestry may thereby impose such reasonable penalties 
as they think fit, not exceeding forty shillings for each 
breach of such by-laws, and in case of a continuing offence 
a further penalty not exceeding twenty shillings for each 
day after notice of the offence from the Board or Vestry : 
provided always that under every such by-law it shall be 
lawful for the Justices before whom any penalty imposed 
thereby is sought to be recovered, to order the whole or 
part only of such penalty to be paid, or to remit the whole 
penalty : provided also that no by-laws shall be repugnant 
to the Laws of England or to the provisions of this Act ; 
and that no by-law shall be of any force or effect unless 
and until the same be submitted to and confirmed at a 
subsequent meeting of the Board or Vestry : provided 
also that no penalty shall be imposed by any such by-law 
unless the same be approved by one of Her Majesty's 
principal Secretaries of State. 



breach of 
by-laws. 



Power to 
justices to 
remit 
penalties. 



THE METROPOLIS MANAGEMENT ACT, 1855. 257 

203 All by-laws made and confirmed as aforesaid in Pubiica- 
pursuance of this Act shall be printed, and hung up in bylaws 
the principal office of the Board or Vestry, and be open to 
public inspection without payment, and copies thereof shall 
be delivered to any person applying for the same, on pay- 
ment of such sum, not exceeding twopence, as the Board or 
Vestry shall direct ; and such by-laws, when so published, 
shall be binding upon and be observed by all parties, and 
shall be sufficient to justify all parties acting under the 
same ; and the producture of a printed copy of such by- Evidence 
laws, authenticated by the seal of the Board or Vestry, of by ' laws 
shall be evidence of the existence, and of the due making, 
confirmation, or publication of such by-laws, in all prose- 
cutions under the same, without adducing proof of such 
seal, or of the fact of such confirmation or publication of 
such by-laws. 

Provisions for Protection of Property and Works of Metro- 
politan and District Boards and Vestries, and prevent- 
ing Obstruction in Execution of Works. 

204 No building shall be erected in, over, or under Buildings 
any sewer vested in the Metropolitan Board of Works, or ^ad^over 
in any Vestry or District Board, without their consent first ^J t 
obtained in writing, and if any building be erected con- Consent, 
trary to this provision the Board or Vestry in whom such 
sewer is vested may demolish the same, and the expenses 
incurred thereby shall be paid by the person erecting such 
building. 



17 



258 



THE METROPOLIS LOCAL MANAGE- 
MENT ACTS AMENDMENT ACT, 

1862. 

25 & 26 VIOT., c. 102. 

SECTION PAGE 

61. Regulations respecting openings into sewers - - 259, 260 

64. Where parties neglect to carry out works pursuant to 

order of Vestry, the Vestry may recover penalty or do 

the works - - 260, 261 

65. Temporary provision for drainage of property where no 

proper sewer within two hundred feet - 261 

68. Penalty on persons placing buildings or encroachments 

on sewers - 261, 262 

69. Penalty on persons interfering with sewers - 262 
88. Persons omitting to give notice required by Section 76 

of 18 & 19 Viet., c. 120, liable to penalty - - 263 

96. Vestry or District Board may require payment of costs 

or expenses from owner or occupier, and occupier 
paying to deduct from rent. Agreements between 
landlord and tenant not to be affected 263, 264 

97. Deduction by owner paying rent where amount of ex- 

penses deducted from rent paid to him - - 264, 265 



259 



THE METROPOLIS LOCAL MANAGE- 
MENT ACTS AMENDMENT ACT, 
1862, 

25 & 26 VICT., c. 102. 

Sections 74, 75, 76, 85, 87, 98, and 99 of this Act are 
repealed (see Fourth Schedule, L.B.A., 1894, page 164). 
The Clauses in force relating to building are given. 

61 The seventy-seventh section of the firstly-recited Reguia- 
Act is hereby repealed ; and in lieu thereof be it enacted Jj, plctmg 
that no person shall make or branch any sewer or drain, openings 
or make any opening into any sewer vested in the Metro- sewers, 
politan Board of Works, or in any Vestry or District 
Board, without the previous consent in writing of such 
Board or Vestry : provided that it shall be lawful for any 
person with such consent, at his own expense, to make or 
branch any drain into any sewer vested in such Board or 
Vestry, or authorised to be made by them or either of 
them under the firstly-recited Act or this Act, such drain 
being of such size, materials, and other conditions, and 
branched into such sewer in such manner and form of 
communication in all respects as the Board of Vestry shall 
direct or appoint : provided also that where any contri- 
bution to the cost of a sewer is payable in respect of 
drainage into the same, it shall not be lawful for any 
person to make or branch any drain into such sewer, 
except in conformity with the directions of the Board or 
Vestry in whom the same shall be vested with respect 
to payment of contributions under the provisions contained 
in the firstly- recited Act and this Act in that behalf ; and 
in case any person, without the consent of the said Metro- 
politan Board, District Board, or Vestry as aforesaid, make 
or branch, or pause to be made or branched, any sewer or 



260 THE METROPOLIS LOCAL MANAGEMENT ACTS 

Sec. 61. drain, or make any opening into any of the sewers vested 
in any such Board or Vestry, or authorised to be made 
by them as aforesaid, or if any person make or branch, or 
cause to be made or branched, any drain of a different con- 
struction, size, material, or other conditions, or in another 
manner or form of communication than shall be directed or 
appointed by such Board or Vestry, every person so offend- 
ing shall for every such offence forfeit a sum not exceeding 
fifty pounds ; and the Board or Vestry may cut off the 
connection between such drain and < their sewer, or if 
they shall see fit execute the necessary works for making 
the said drain conformable to their regulations or directions 
at the expense of the person making such drain or causing 
the same to be made, such expenses to be recovered either 
by action at law or in a summary manner before a Justice 
of the Peace, at the option of the Board or Vestry. 

where par- 64 Whereas by the seventy-third, seventy-fourth, 
to 6 carryouf seventy-sixth, eighty-first, eighty-fifth, and eighty-sixth 
work t s t pur ~ sec ^ ons f ^ ne firstly-recited Act, certain works, matters, 
order of and things are required to be constructed, made, or exe- 
vestry'may cu ted on the requisition of Vestries and District Boards by 
recover the owners or occupiers of the premises therein referred 
do'the 5 ^ r to ; and in case any such owner or occupier refuse or 
works. neglect to commence, proceed with, or complete the same, 
as the case may be, the Vestry or District Board are 
authorised to perform and execute such works, matters, 
and things, and recover the costs incurred thereby in man- 
ner therein provided : be it enacted, that in case of any 
such neglect or default by any person or persons to comply 
with the order of any vestry or District Board to execute 
any works, matters, or things under any of the said pro- 
visions, the person or persons so offending shall forfeit and 
pay to the Vestry or District Board a sum not exceeding 
five pounds, and also a further sum not exceeding forty 
shillings for every day during which such offence shall con- 
tinue, to be recovered by action at law or before a Justice 
of the Peace in a summary manner, at the option of the 
Vestry or District Board ; and the Vestry or District Board 
may at their discretion either execute or perform any such 
works, matters, or things, and recover the costs and ex- 
penses thereof from the owner of the property as aforesaid, 



AMENDMENT ACf, 1862. 61 

or proceed for and recover the said penalty or penalties ; Sec. 64* 
but nothing herein contained shall render any person or 
persons liable to be proceeded against for the penalty as 
well as for the costs and expenses of the works. 

65 Whereas certain property within the limits of the Temporary 
metropolis is so situate as to render it impracticable, 
practicable only at undue expense, to connect such property 
with covered sewers, and it is expedient that some temper- 
ary provision should be made for draining such property 
and abating the nuisances existing thereon or caused within 200 
thereby : be it therefore enacted, that in any case in which e< 
any house or other building, whether erected before or 
after the passing of this Act, is without sufficient drainage, 
and there is no proper sewer within two hundred feet of 
any part of such house or building, it shall be lawful for the 
Vestry or District Board of the parish or district in which 
such house or building is situate, by notice in writing to 
require the owner of such house or building to construct 
and lay from such house or building a covered drain to lead 
therefrom into a covered water-tight cesspool or tank or 
other suitable receptacle, not being under a house or within 
such distance from a house as the Vestry or Board shall 
direct, and to construct such cesspool, tank, or receptacle ; 
and the several provisions in the firstly-recited Act with 
respect to the laying of house drains at the expense of the 
owners of property, and the recovery of such expenses of, 
and the penalties for any omission in respect to the per- 
formance of any such works pursuant to the orders of 
Vestries or District Boards in accordance with the direc- 
tions of the said Act, shall be extended to and apply to 
the making of such cesspools, tanks, receptacles, and drains, 
and the orders of Vestries and District Boards in relation 
thereto and the expenses thereof. 

68 Every person who shall knowingly erect or place Penalty on 
any building, wall, bridge, fence, obstruction, annoyance, JfjJJSy 1 
or encroachment in, upon, over, or under any sewer under buildings 
the jurisdiction of the Metropolitan Board of Works, 
of any Vestry or District Board, and every person <*" 
structing, filling in, or diverting any sewer or drain under 
the jurisdiction, survey, or control of the Metropolitan 



262 THE METROPOLIS LOCAL MANAGEMENT ACTS 

Sec. 68. Board, or of any Vestry or District Board, without the 
previous consent in writing of the Board or Vestry in whom 
the same may be vested, shall, in addition to any other pro- 
ceeding to which he may be liable therefor, forfeit and pay 
to such respective Board or Vestry a sum not exceeding 
twenty pounds for every such offence ; and the Board or 
Vestry may demolish and remove any such building, wall, 
bridge, fence, obstruction, annoyance, or encroachment, 
and perform any works necessary for restoring or reinstat- 
ing the sewer or other work or thing damaged ; and the 
party erecting such building, wall, bridge, fence, or causing 
such obstruction, annoyance, or encroachment, shall also 
pay the expense of removing and abating them respectively 
and of re-opening, restoring, repairing, or reinstating any 
sewer or drain obstructed, filled in, closed up, or diverted ; 
and in case of a continuing offence in any of the cases 
aforesaid the offender shall be liable to a further penalty, 
not exceeding five pounds, for each day after notice thereof 
from the Metropolitan Board of Works, or from the Vestry 
or District Board, to be recovered by action at law or be- 
fore any Justice of the Peace by a summary proceeding, 
at the option of the Board or Vestry : provided always 
that nothing herein contained shall extend to prevent or 
impede the maintenance, repair, or renewal of any buildings 
or works under which a sewer or drain has been con- 
structed, but so, nevertheless, that such buildings or works 
shall not injure or obstruct the said sewer or drain. 

Penalty on 69 Any person who shall take up, remove, demolish, 
Fnterfering or otnerw i se interfere with any sewer or part of a sewer 
with vested in the Metropolitan Board of Works, or in any 

3rs- Vestry or District Board, without the previous permission 
in writing of such Board or Vestry, or who shall wilfully 
damage any sewer, bank, defence, wall, penstock, grating, 
gully, side entrance, tide valve, flap, work, or thing vested 
in the Metropolitan Board or any Vestry or District Board, 
or do any act by which the drainage of the metropolis or 
any part thereof may be obstructed or injured, shall for 
every such offence forfeit and pay to the said Metropolitan 
Board of Works, or to the Vestry or District Board ag- 
grieved by any such act, for every such offence a sum not 
exceeding twenty pounds, and shall also pay to such 



AMENDMENT ACT, 1862, 263 

Board or Vestry all the expenses of repairing, restoring, Sec. 69. 
reinstating, or amending any sewer or other work or thing 
so taken up, removed, demolished, damaged, or interfered 
with, to be recovered by action at law or before a Justice 
of the Peace by a summary proceeding, at the option of 
the Board or Vestry. 

88 If any person shall, without having given the notice Persons 
directed by the seventy- sixth section of the firstly-recited ^notice 
Act, begin to lay the foundation of any new house or required 
building within any parish mentioned in Schedule A of 76 Y of I^&IQ 
the said Act, or any district in Schedule B of the said Jjjj^ iao> 
Act, or to make any drain for the purpose of draining penalty, 
either directly or indirectly into any sewer under the 
jurisdiction of the Vestry or Board of such parish or 
district, he shall become liable to a penalty for every such 
offence not exceeding five pounds, and to a continuing 
penalty of forty shillings for each and every day during 
which he shall omit to give the notice directed by the said 
Act. 

96 The two hundred and seventeenth, two hundred vestry or 
and eighteenth, and two hundred and nineteenth sections Bot^Lay 
of the firstly-recited Act are hereby repealed ; and in lieu require 
thereof be it enacted, that it shall be lawful for any Vestry S^of 
or District Board, at their discretion, to require the pay- gJ^5JJ er 
ment of any costs or expenses which the owner of anyoroccu- 
premises may be liable to pay under the said recited Act Jccupler 
or this Act, either from the owner or from any person who P*? 1 ^ 
then or at any time thereafter occupies such premises, from rent, 
and such owner or occupier shall be liable to pay the same, 
and the same shall be recovered in manner authorised by 
the recited Act and this Act ; and the owner shall allow 
such occupier to deduct the sums of money which he so 
pays out of the rent from time to time becoming due in 
respect of the said premises, as if the same had been 
actually paid to such owner as part of such rent : provided 
always that no such occupier shall be required to pay any 
further sum than the amount of rent for the time being 
due from him, or which, after such demand of such costs 
or expenses from such occupier, and after notice not to pay 
his landlord any rent without first deducting the amount 



264 THE METROPOLIS LOCAL MANAGEMENT ACTS 

Sec. 96. of such costs or expenses, becomes payable by such 

occupier, unless he refuse, on application being made to 

him for that purpose by or on behalf of the Vestry or 

District Board, 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 from any such occupier is greater than the rent 

due by him at the time of such notice, or which has since 

accrued, shall lie upon such occupier : provided also that 

nothing herein contained shall be taken to affect any con- 

Agree- tract made or to be made between any owner and occupier 

between ^ anv nouse > building, or other property whereof it is or 

landlord may be agreed that the occupier shall pay and discharge 

nSt to be nt a ^ rates, dues, and sums of money payable in respect of 

affected, such house, building, or other property, or to affect any 

contract whatsoever between landlord and tenant. 

Deduction 97 If the owner or landlord of any premises from 
payin n rent wnose ren ^ anv amount shall be deducted in respect of any 
where costs, charges, or expenses payable under the firstly-recited 
eS>en?es f Act or tnis Act > sna11 nold tne premises in respect of which 
^ e amouut of such costs, charges, or expenses shall be paid 
at a rent not less than the rack-rent, he shall be entitled to 
deduct the whole amount paid by him on account of such 
costs, charges, or expenses from the rent payable by him to 
his superior landlord ; and if he holds at a rent less than 
the rack-rent, he shall be entitled to deduct from the rent 
so payable by him a sum bearing the same proportion to 
the amount so paid by him on account of such costs, 
charges, or expenses as his rent shall bear to the rack-rent ; 
and if the owner or landlord from whose rent any deduction 
be made under the provision last aforesaid be himself liable 
to the payment of rent for the premises in respect of which 
the deduction shall be made, and hold such premises for a 
term of which less than twenty-one years shall be unex- 
pired, but not otherwise, he may deduct from the rent so 
payable by him a sum bearing the same proportion to the 
sum deducted from the rent payable to him as the rent 
payable by him shall bear to the rent payable to him, and 
so on in succession with respect to every landlord of the 
same premises both receiving and liable to pay rent in re- 
spect thereof, and holding the' same for a term of which 



AMENDMENT ACT, 1862. <&5 

less than twenty-one years shall be unexpired as aforesaid : Sec. 
provided always that nothing herein contained shall be con- 
strued to entitle any person to deduct from the rent payable 
by him more than the whole sum deducted from the rent 
payable to him : provided also that nothing herein contained 
shall be taken to affect any contract made or to be made 
between any owner or occupier of any house, building, or 
other property whereof it is or may be agreed that the 
occupier shall pay and discharge all rates, dues, and sums 
of money payable in respect of such house, building, or other 
property, or to affect any contract whatsoever between 
landlord and tenant. 



THE METROPOLIS MANAGEMENT 
AND BUILDING ACTS AMEND- 
MENT ACT, 1878. 

41 & 42 VICT\, c. 32. 

SECTION PAGE 

1, 2, 3. Preliminary - 268 

5. Metropolis Management Acts and this part of Act to be 

construed as one Act 268 

11. Power to Board in certain cases to require proprietors 

of theatres and certain music halls in use at the 
time of the passing of this Act to remedy structural 
defects 268, 269, 270 

12. Power to Board to make regulations with respect to 

new theatres and certain new music halls for protec- 
tion from fire 270, 271 

13. Provisional license for new premises - - - 271, 272 

21. Power for architect and persons authorised by Board 

and district surveyor to enter and inspect theatres, 
music halls, buildings, and works - - 272 

22. Power to owners, &c., to enter houses, &c., to comply 

with notices or order - - 272, 273 

23. Recovery of penalties - - - 273 

24. Exceptions from Metropolis Management Act extended 

to this Act 273 

26. Act not to apply to the Inner and Middle Temple, &c. 273 

27. Saving rights of the Crown and the Duchy of Lancaster 273, 274 



267 



THE METROPOLIS MANAGEMENT 
AND BUILDING ACTS AMEND- 
MENT ACT, 1878. 

41 & 42 VIOT., c. 32. 

An Act to amend the Metropolis Management Act, 1855, the 
Metropolitan Building Act, 1855, and the Acts amending 
the same respectively. 

[22nd July 1878.] 

[The sections of this Act, which are still in force, are given below. 
See Fourth Schedule, L.B.A., 1894, page 164.] 

Whereas the provisions of the several Acts now in force 
within the metropolis are insufficient for duly regulating 
the erection and extension of houses and buildings in 
close proximity to certain roads, passages, and ways, and 
it is expedient that for such purpose further and better 
provisions should be made : 

And whereas with a view to protect the public frequenting 
theatres and music halls within the metropolis from 
danger from fire it is expedient that provisions such as 
are in this Act contained should be made for empower- 
ing the Metropolitan Board of Works (in this Act re- 
ferred to as " the Board ") to cause alterations in existing 
theatres and music halls to be made in certain cases, and 
to make regulations with respect to the position and 
structure of new theatres and certain new music halls : 

And whereas it is expedient to make provisions with 
respect to the making, filling up, and preparation of the 
foundations and sites of houses and buildings to be 
erected within the metropolis, and with respect to the 
quality of the substances to be used in the formation or 
construction of the sites, foundations, and walls of such 



268 TfiE METROPOLIS MANAGEMENT? 

houses and buildings with a view to the stability of the 
same, the prevention of fires and for purposes of health : 

And whereas it is expedient to make further and better 
provisions with respect to the payment of expenses in- 
curred by the Board in relation to dangerous structures : 

And whereas for the purpose aforesaid it is expedient to 
amend the Metropolis Management Act, 1855, the 
Metropolitan Building Act, 1855, and the Acts amend- 
vict.,c.i22. ing the same respectively : 

Be it therefore enacted by the Queen's most excellent 
Majesty, by and with the advice and consent of the 
Lords Spiritual and Temporal, and Commons, in this 
present Parliament assembled, and by the authority of 
the same, as follows ; (that is to say) 

PRELIMINARY. 

Short title. 1 This Act may be cited for all purposes as the 
Metropolis Management and Building Acts Amendment 
Act, 1878. 

Limits of 2 This Act shall extend and apply to the metropolis 
victim as defined by the Metropolis Management Act, 1855. 

Division of 3 This Act shall consist of three Parts. 

Act into 

three parts. T 

PART I. 

Metropolis 5 The Metropolis Management Act, 1855, and the Acts 
men? Acts amen( iing the same, and this Part of this Act shall be 
and this construed together as one Act : provided always that 
to"econ- ct nothing in this Act shall be held to limit or restrict the 
strued as powers now vested in the Commissioners of Sewers of the 
' City of London, or in any body or person elsewhere within 
' ^ e metropolis, by an Act passed in the session of Parlia- 
c. xxix. ' ment held in the fifty-seventh year of the reign of King 
George the Third, intituled " An Act for better paving, 
improving, and regulating the streets of the Metropolis, 
and removing and preventing nuisances and obstructions 
therein." 

11 Whenever it appears to the Board that any house 
or other place of public resort within the metropolis which 



BUILDING ACTS AMENDMENT ACT, 1878. 269 

was at the time of the passing of this Act authorised to be Sec. 11. 
kept open for the public performance of stage plays, and Power to 

i i i t i j ?i *li -i Board in 

which is kept open for such purpose, under the authority certain 
of letters patent from Her Majesty, her heirs and successors Require 
or predecessors, or of a license granted by the Lord proprie- 
Chamberlain of Her Majesty's Household for the 
being, or by Justices of the Peace, or that any house, room, 
or other place of public resort within the metroplis, con- in use at 
taining a superficial area for the accommodation of the j^ jJIJJSng 
public of not less than five hundred square feet, which of this Act 
was at the time of the passing of this Act authorised to be structural 
kept open, and which is kept open, for dancing, music, or defects - 
other public entertainment of the like kind, under the 
authority of a license granted by any court of quarter 
sessions, is so defective in its structure that special danger 
from fire may result to the public frequenting the same, 
then, and in every such case the Board may, with the 
consent of the Lord Chamberlain in the case of theatres 
under his jurisdiction, and of Her Majesty's principal 
Secretary of State in all other cases, if in the opinion of 
the Board such structural defects can be remedied at a 
moderate expenditure, by notice in writing require the 
owner of such house, room, or other place kept open for 
any of the purposes aforesaid, under such authority as 
aforesaid, to make such alterations therein or thereto as 
may be necessary to remedy such defects, within a reason- 
able time to be specified in such notice : and in case such 
owner fails to comply with the requirements of such notice 
within such reasonable time as aforesaid, he shall be liable 
to a penalty not exceeding fifty pounds for such default, 
and to a further penalty of five pounds for every day after 
the first day after the expiration of such reasonable time 
as aforesaid during which such default continues : pro- 
vided always that any such owner may, within fourteen 
days after the receipt of any such notice as aforesaid, serve 
notice of appeal against the same upon the Board, and 
thereupon such 'appeal shall be referred to an arbitrator 
to be appointed by Her Majesty's First Commissioner of 
Works at the request of either party, who shall hear and 
determine the same, and may, on such evidence as he may 
think satisfactory, either confirm the notice served by the 
Board, or may confirm the same with such modifications 



270 THE METROPOLIS MANAGEMENT AND 

Sec. 11. as he may think proper, or refuse to confirm the same, and 
the decision of such arbitrator with respect to the require- 
ments contained in any such notice, and the reasonableness 
of the same, and the persons by whom and the propor- 
tions in which the costs of such arbitration are to be paid, 
shall be final and conclusive and binding upon all parties. 
In case of an appeal against any such notice, compliance 
with the ^requirements of the same may be postponed until 
after the day upon which such appeal shall be so decided 
as aforesaid, and the same, if confirmed in whole or in 
part, shall only take effect as and from such day. 

St. James's Hall Company v. London County Council. Held that 
this power can be exercised only once in respect to the same theatre, 
&c., unless perhaps the owner has, since the powers were first 
exercised, himself so altered the structure of the theatre, &c., as 
to cause in the opinion of the Council special danger from fire 
[18 T.L.R. 568 (1901)]. 

Power to 12 The Board may from time to time make, alter, 
mak?regu- vary, and amend such regulations as they may think ex- 
lations pedient with respect to the requirements for the protection 

with re- ., . , . PIT , i 

spect to from tire of houses or other places of public resort within 

theatres ^ ne metropolis, to be kept open for the public performance 
and certain o f stage plays, and of houses, rooms, or other places of 
hails to? 1C public resort within the metropolis, containing a superficial 
From fire n area ^ or ^ e accommodation of the public of not less than 
five hundred square feet, to be kept open for public dancing, 
music, or other public entertainment of the like kind, under 
the authority of letters patent from Her Majesty, her heirs 
or successors, or of licenses by the Lord Chamberlain of 
Her Majesty's Household, or by any Justices of the Peace, 
or by any court of quarter sessions, which may be granted 
for the first time after the passing of this Act ; and may 
by such regulations prescribe the requirements as to posi- 
tion and structure of such houses, rooms, or places of public 
resort which may, in the opinion of the Board, be necessary 
for the protection of all persons who may frequent the 
same against dangers from fires which may arise therein 
or in the neighbourhood thereof ; provided that the Board 
may from time to time in any special case dispense with 
or modify such regulations, or may annex thereto condi- 
tions if they think it necessary or expedient so to do. 



BUILDING ACTS AMENDMENT ACT, 1878. 271 

The Board shall, after the making, altering, varying, or Sec. 12- 
amending of any such regulations, cause the same to be 
printed, with the date thereof, and a printed copy thereof 
shall be kept at the office of the Board, and all persons 
may at all reasonable times inspect such copy without pay- 
ment, and the Board shall cause to be delivered a printed 
copy, authenticated by their seal, of all regulations for the 
time being in force to every person applying for the same, 
on payment by such person of any sum not exceeding five 
shillings for every such copy. 

A printed copy of such regulations, dated and authenti- 
cated by the seal of the Board, shall be conclusive evid- 
ence of the existence and of the due making of the same in 
all proceedings under the same, without adducing proof of 
such seal or of the fact of such making. 

From and after the making of any such regulations it 
shall not be lawful for any person to have or keep open 
any such house, room, or any other place of public resort 
for any of the purposes aforesaid, unless and until the 
Board grant to such person a certificate in writing, under 
their seal, to the effect that such house, room, or other 
place was on its completion in accordance with the regula- 
tions made 'by the Board in pursuance of the provisions of 
this Act for the time being in force, and in so far as the 
same are applicable to such house or other place, and to 
the conditions (if any) annexed thereto by the Board. 

In case any such house, room, or place of public resort 
is opened or kept open by any person for any of the 
purposes aforesaid, contrary to the provisions of this 
enactment, such person shall be liable to a penalty not ex- 
ceeding fifty pounds for every day on which such house 
or place of public resort is so kept open as aforesaid. 

13 A person interested in any premises about to be Provi- 
constructed, or in course of construction, which are de- 
signed^ to be licensed and used within the metropolis 
the public performance of stage plays, or for public dancing, 
music, or other public entertainment of the like kind, may 
apply to the licensing authority for the grant of a provisonal 
license in respect to such premises. The grant of such 
provisional license shall, in respect of the discretion of the 
licensing authority and procedure, be subject to thet same 



272 THE METROPOLIS MANAGEMENT AND 

Sec. 13. conditions as those applicable to the grant of a like license 
which is not provisional. A provisional license so granted 
shall not be of any force until it has been confirmed by the 
licensing authority ; but the licensing authority shall con- 
firm the same on the production by the applicant of a 
certificate by the Board that the construction of the pre- 
mises has been completed in accordance with the regula- 
tions and conditions made by the Board as hereinbefore 
provided, and on being satisfied that no objection can be 
made to the character of the holder of such provisional 
license. 

PART III. 

Power for 21 The architect of the Board, and any other person 
and 11 *' authorised by the Board in writing under their seal, may, 
authorised at a ^ reasona ble times after completion or during construe- 
by Board tion, enter and inspect any house, room, or other place kept 
survey 8 o"to P en or intended to be kept open for the public performance 
o f stage plays, or for public dancing, music, or other public 



theatres, entertainment of the like kind affected by any of the provi- 
haifs sions of this Act, or of any regulations made in pursuance 
buildings, thereof ; and if any person refuses to admit such architect 
rks ' or person, or to afford him all reasonable assistance in such 
inspection, in every such case the person so refusing shall 
incur for each offence a penalty not exceeding twenty 
pounds. 

Power to 22 l For the purpose of complying with the require- 
&T?to 8 ' ments of any notice or order served or made under the 
enter provisions of this Act, on any owner, builder, or person, in 

houses, * ,. i MT Si V 

&c., to respect of any house, building or other erection, room or 

w!?n Ply place, such owner, builder, or person, his servants, work- 

notices or men and agents, may, after giving seven days' notice in 

writing to the occupier of such house, building or other 

erection, room or place, and on production of such notice 

or order, enter such house, building, or other erection, 

room or place, and do all such works, matters, and things 

therein or thereto, or in connection therewith, as may be 

1 This section is repealed so far as it relates to any notice or order 
served or made under any provision repealed by the London Building 
Act, 1894. 



BUILDING ACTS AMENDMENT ACT, 1878. 273 

necessary ; and if any person refuses to admit such owner, Sec. 22. 
builder, or person, or his servants or workmen 1 or agents, 
or to afford them all reasonable assistance, such person shall 
incur for each offence a penalty not exceeding twenty pounds. 

23 Every penalty imposed by Part I. and Part III. Recovery 
of this Act may be recovered by summary proceedings ties. ent 
before any Justice, in like manner and subject to the like 
right of appeal as if the same were a penalty recoverable 
by summary proceedings under the Metropolis Manage- 
ment Act, 1855, and the Acts amending the same ; provided w & 19 
always that in any proceedings against any person foris&'ig' 
more than one penalty in respect of one or more breach or vict " c - 122 - 
breaches of any provision of this Act, or of any by-law 
made in pursuance of this Act, it shall be lawful to include 
in one summons all such penalties, and the charge for such 
summons shall not exceed two shillings. 

24 Her Majesty's royal palaces, and all buildings, Exceptions 
works, and ground excepted from the operation of the ^opoUs 6 " 
Metropolis Management Act, 1855, and the Acts amending Manage- 
the same, or of any of the said Acts, shall be exceptedtfrom Stende^ 8 
the operation of the provisions of this Act which are to be J g'Jj Act - 
construed with such Acts, and all exemptions from the vict.,c.i20. 
provisions of any of the said Acts shall extend to such of 
the provisions of this Act as are to be construed as afore- 
said with such Acts. 

26 Nothing in this Act shall apply to the Inner Act noUo 
Temple, the Middle Temple, Lincoln's Inn, Gray's Inn, the inner 
Staple Inn, FurnivaPs Inn, or the close of the collegiate ^ 
church of Saint Peter, Westminster. &c. 

27 Nothing contained in this Act shall apply to 
shall authorise or empower the Board, or any Vestry, the Crown 
District Board, or district surveyor, to take, use, or in any gj,* J e of 
manner interfere with any land, soil, tenements, or here- Lancaster, 
ditaments, or any rights of whatsoever nature belonging 
to or enjoyed or exercisable by the Queen's most Excellent 
Majesty in right of her Crown, or in right of her Duchy 
of Lancaster, without the consent in writing of ^the Com- 
missioners for the time being of Her Majesty's Woods, 

18 



274 METROPOLIS MANAGEMENT AND BUILDING ACTS. 

Sec. 27 Forests, and Land Eevenues, or one of them, on behalf of 
Her Majesty, in right of her Crown, first had and obtained 
for that purpose (which consent such Commissioners are 
hereby respectively authorised to give), or without the con- 
sent in like manner of the Chancellor of the said Duchy, 
on behalf of Her Majesty, in right of her said Duchy ; 
neither shall anything contained in this Act, or in any by- 
law thereunder made, extend to, divest, take away, pre- 
judice, diminish, or alter any estate, right, privilege, 
power, or authority vested in or enjoyed or exercisable by 
the Queen's Majesty, her heirs or successors, in right of 
her Crown, or in right of her said Duchy ; and nothing 
contained in Part I. of this Act shall apply to the extension 
of Savoy Street or the bridge which the Chancellor and 
38 & 39 Council of the said Duchy are by the Metropolitan Board 
vict.,c. 65. of Workg (Y ar ious Powers) Act, 1875, empowered to make 
and construct, or to any house or building within the pre- 
cinct of the Savoy, or upon the land mentioned in section 
six of the last-mentioned Act, constructed or extended 
after the passing of this Act, in or abutting upon any road, 
passage, or way existing, formed, or laid out at the time of 
the passing of this Act. 



275 



METROPOLIS MAN AGEMENT (THAMES 
RIVER PREVENTION OF FLOODS) 
AMENDMENT ACT, 1879. 

SECTION PAK 

1. Short title - 278 

2. Interpretation of terms - 278, 279 

3. Limits of Act ... 279 

4. Construction of Acts 279 

5. Flood works not to be executed except in accordance 

with plans 279 

6. Bodies and persons liable to provide for execution of 

flood works 279, 280 

7. Board to make plan of necessary flood works - 280, 281 

8. Limitation of powers as to works ... - 281, 282 

9. Power of Board as to flood works of a temporary char- 

acter 282 

10. Penalty for breach of regulations, &c., as to temporary 

works 282 

11. Power to Commissioners of sewers of City of London, 

Vestry or District Board to execute flood works - - 283 

12. Power to owner or owners liable to execute flood works 283 

13. Power to Board to execute flood works in case of default 

of Commissioners of sewers of City of London, &c. 283, 284 

14. Powers for execution of flood works - - 284 

15. Powers of Board to take lands .... 284, 285 

16. Power to construct flood works on the shores and bed ot 

the Kiver Thames - - 285 

17. Provision as to certain dock companies 286, 287 

18. Power to inspect lands - ... 287 

19. Flood works upon the shore of the River Lee to be 

approved by the Lee Conservancy Board - - 287, 288 

20. Saving rights of the Lee Conservancy Board - - 288 



276 METROPOLIS MANAGEMENT 

SECTION PAGE 

21. Saving rights of the Commissioners of sewers for Haver- 

ing and other levels .... . 288 

22. Maintenance and repair of banks .... 288 

23. Penalty for alteration of banks without consent of 

Board 289 

24. Survey and repair of dangerous or insufficient banks 

and maintenance and repair of same - - 289, 290 

25. Mode of ascertaining amount of compensation for 

damages caused by execution of flood works, &c. 290, 291 

26. Powers of standing arbitrator as to amount of com- 

pensation 291 

27. Appointment of standing arbitrator - 291, 292 

28. Proceedings before standing arbitrator - - - 292, 293 

29. Payment of expenses of Commissioners of sewers of 

City of London - - 293, 294 

30. Payment of expenses of Vestries and District Boards 294, 295 

31. Power to Board to recover expenses incurred by them 

in whole or in part - 295, 296 

32. Rent charge may be granted in respect of works - 296, 297 

33. Power to apply monies raised under other Acts, &c. - 297 

34. Expenses of Board ..... 297 

35. As to liability in respect of certain flood works, &c. - 298 

36. Recovery of expenses 298 

37. As to notices and orders .... . 299 

38. Agreement between landlord and tenant not to be 

avoided - 299 

39. Saving rights of the Conservators of the River Thames 300 

40. Saving rights of the Duchy of Cornwall - - 300 

41. Saving rights of the Crown 300, 301 

42. Saving rights of the Crown in respect to property vested 

in the Crown - ' 301 

43 & 44 Recovery and application of penalties - - - 301 
45. Expenses of Act - - - 301 



277 



METROPOLIS MANAGEMENT (THAMES 
RIVER PREVENTION OF FLOODS) 
AMENDMENT ACT, 1879. 

42 & 43 VICT., c. 198. 
CHAPTEE CXCVIII. 

An Act to amend the Metropolis Management Act, 1855, 
and the Acts amending the same, so far as relates to the 
protection of the Metropolis from Floods and Inunda- 
tions caused by the overflow of the Eiver Thames ; and 
for other purposes. 

[llth August, 1879.] 

WHEREAS, notwithstanding the provisions of the Metro- is & 19 
polis Management Act, 1855, and the Acts amending the Vlct '' Ct 120- 
same, with respect to the protection of lands from floods 
and inundations, the Eiver Thames in times of high tides, 
floods, and excessive rains, by reason of the low level of 
various places, overflows its banks, causing inconvenience 
to persons and injury to health arid property, and it is 
therefore expedient that the said provisions should be 
amended, and that provisions such as are in this Act con- 
tained should be made for providing for the due execution 
and maintenance of the works necessary to prevent the 
overflowing of the said Jliver Thames within the limits by 
this Act prescribed, and for empowering the Metropolitan 
Board of Works to enforce such provisions and to provide 
for the expenses incurred in relation thereto : 

Be it therefore enacted by the Queen's most Excellent 
Majesty, by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the same, 
as follows ; 



278 METROPOLIS MANAGEMENT (THAMES RIVER 

Preliminary. 

Short title. 1 This Act may for all purposes be cited as the Metro- 
polis Management (Thames Eiver Prevention of Floods) 
Amendment Act, 1879. 

interpre- 2 In the construction of this Act the following words 
terms. f an ^ expressions have the following meanings, unless ex- 
cluded by the subject or context ; (that is to say) 
19&20 The expression "the principal Act " means the Metro- 

25&'<26 ' 112 ' polis Management Act, 1855, as amended by the 
Viet., c. 102. Metropolis Management Amendment Act, 1856, and 
the Metropolis Management Amendment Act, 1862 : 
The expression " the Secretary of State " means one of 

Her Majesty's Principal Secretaries of State : 
The expression " the Board " means the Metropolitan 

Board of Works : 
The expression " person " includes any corporation, 

whether aggregate or sole : 

The expression " Eiver Thames " includes the rivers, 
streams, and watercourses within the flow and re-flow 
of the tides of the said river within the limits of this 
Act: 

The expression " bank " and the expression " dam " 
includes any bank, wall, fence, wharf, dock, lock, gate, 
sluice, dam, or defence, or appliance, whether of a 
moveable, temporary, fixed, or permanent character, 
for the protection of lands within the limits of this 
Act from floods or inundations caused by the overflow 
of the Kiver Thames : 

The expression "flood works" means the entire or 
partial construction, alteration, reconstruction in the 
same or any altered position of any bank, and the 
repairing, raising, strengthening, improvement, or 
removal of any bank, and the enlargement, contrac- 
tion, raising, lowering, arching over, improvement, or 
alteration of any sewer, channel, or watercourse, 
and the discontinuance, closing up, or destruction of 
any such sewer, channel, or watercourse necessary 
for the protection of lands within the limits of this 
Act from floods or inundations caused by the overflow 
of the Eiver Thames ; 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 279 

The expression " lands " includes the messuages, build- Sec. 2. 
ings, erections, banks, lands, tenements, and heredita- 
ments of any tenure, and rights and easements in, 
over, under, or in respect of the same : 

The expression "street,'' in addition to the meaning 
assigned to the same term by the principal Act, in- 
cludes the carriageway of any turnpike road and any 
county bridge and any place laid out as a street : 

The expression " premises " includes lands and streets : 

The expression " owner " means (except where other- 
wise expressly provided) the person for the time being 
receiving the rackrent of the lands or premises in 
connection with which the word is used, whether 
on his own account or as agent or trustee for any 
other person, or who would so receive the same if 
such lands or premises were let at a rackrent, and 
includes any commissioners, trustees, or other persons 
or person in whom the premises in connection with 
which the said word is used are vested, or who are 
charged with the control or management of the same. 

3 The limits of this Act shall extend to the metropol 
as defined by the principal Act. 



of Act. 



4 The principal Act, as amended by this Act, and this Construc- 
Act shall be read and construed together as one Act. Acts. 

Execution of Works. 

5 From and after the passing of this Act the execution Flood ^ 
of all flood works shall be subject to and in accordance to be 
with such plans as the Board may from time to time cause 



to be prepared in pursuance of this Act, or with such plans accordance 
or specification as the Board may from time to time ap- w 
prove, and such works shall be carried on and completed 
to the satisfaction of the Board, and save as aforesaid no 
such works shall be commenced, carried on, or com- 
pleted. 



6 Subject to the provisions and limitations in this 
contained, the following bodies and persons shall be liable 
to provide for the execution of all flood works which may Pvide for 



280 METROPOLIS MANAGEMENT (THAMES RIVER 



Sec 6- fr m t * me to ^ me * n *ke P m i n f tne Board be necessary 
execution for the protection of premises within the limits of this Act 



works d 



Board to 



sary flood 
serve 8 ' and 

themaMn 
thereof 



of London, 

district 8 ' 
boards, 

affected ers 
thereby, 



* rom fl 00 ^ 8 or inundations caused by the overflow of the 
Eiver Thames ; (that is to say,) 

In respect of all such works to be executed upon any 
premises vested in or subject to the control and 
management of the Commissioners of Sewers of the 
City of London, the vestry of any parish mentioned 
in Schedule A. to the principal Act, or the board of 
works of any district mentioned in Schedule B. to the 
principal Act, such Commissioners, vestry, or board 
of works : 

In respect of all other such works the owners of the 
premises upon which the same are to be executed : 

Where any such works are to be executed through, 
along, over, or under any part of the bed or soil of 
the Eiver Thames immediately connected with any 
premises, such works shall be deemed to be works to 
be executed upon such premises. 

7 The Board, as soon as may be after the passing of 
^is Act, shall cause a plan to be prepared showing the 
line and level of the flood works which are in their opinion 
immediately necessary for effectually protecting all pre- 
m ^ ses within the limits of this Act which in their judgment 
require protection from floods or inundations caused by 
^ ne overflow of the Eiver Thames ; and when such plan 
has been prepared the Board shall cause notice of the pre- 
paration thereof to be served upon the Commissioners of 
Sewers of the City of London and upon the vestry of every 
parish and the board of works for every district in which 
an Y of the works shewn on such plan are proposed to be 
executed, and upon every owner of premises liable to pro- 
vide for the execution of any of the same, and shall to- 
gether therewith cause two copies of such part of such plan 
as relates to any of such works in respect of the execution 
of which such Commissioners, vestry, board of works, and 
owner are or is liable respectively to provide to be trans- 
mitted to them or him respectively, together with such 
sections, estimates, and other information relating to such 
copies as aforesaid as they may think proper ; and the 
Board shall by such notice require such Commissioners, 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 281 

vestry, district board, or owner to inform the Board within Sec. 7 
twenty-eight days after the receipt of the same whether 
they or he intend or intends to execute to the satisfaction 
of the Board the works shown on the copies of such parts 
of such plan respectively, and for the execution of which 
such Commissioners, vestry, district board, or owner are 
or is respectively liable to provide, or whether they or he 
object or objects to execute such works, and the reasons 
for such objection. 

If the Commissioners of Sewers of the City of London, 
the vestry of any parish, board of works for any district, 
or any owner or owners give notice to the Board of their 
or his objection to execute any flood works in manner 
aforesaid, and of the reasons for such objection, the Board 
shall, during the twenty-eight days next after the receipt 
thereof, consider such objection and reasons, and shall as 
soon as may be after the expiration of such last-mentioned 
period of twenty-eight days make such order in relation 
thereto as the Board may think just, and may by such 
order make any modification or alteration in such flood 
works, and shall transmit a copy of such order to the body 
or person making such objection. 

In case the Board by any such order make any modifica- 
tion or alteration in the flood works so objected to as afore- 
said, they shall amend the plan prepared in manner 
aforesaid so as to show thereon such modification or 
alteration, and in such case they shall transmit to the 
body or person by whom such objection was made two 
copies of the part of such plan so amended, together with 
such order. 

The Board shall cause a copy of such plan showing all 
amendments made therein to be kept at their office, and 
the Commissioners of Sewers, the vestry of every parish, 
and the board of works of every district to which copies 
of any part of such plan or of any amendments therein 
have been transmitted as aforesaid shall cause one of such 
copies to be kept at their office, and all persons may at all 
reasonable times inspect any such copy without payment. 

8 Nothing in this Act contained shall authorise the limitation 
Board, notwithstanding the general definition of the term astoworks, 
bank and flood works, to direct the execution of any works 



282 METROPOLIS MANAGEMENT (THAMES RIVER 

Sec. 8- other than such as are necessary for the protection of lands 
within the limits of this Act from floods and inundations 
caused by the overflow of the Eiver Thames, and the 
Board shall have no authority under this Act to prescribe 
or order any works for any other purpose, or any works 
for the embankment of the Eiver Thames, or any part 
thereof, in the nature of the various embankments hereto- 
fore executed by the Board under the authority of any 
special Act of Parliament. 

Powers of 9 Where in the opinion of the Board the erection of a 
floodworks ^ am f a nxe( i or permanent character on any premises 
porary m wou ^ materially interfere with the transaction of the 
character, business carried on upon the river side of such premises, 
the Board may, instead of ordering such works of a fixed 
or permanent character, by order authorise and require 
the erection of a temporary or moveable dam, subject to 
such regulations, restrictions and conditions with respect 
to the fixing, removing, and maintenance of the same as 
the Board may from time to time think necessary ; and 
the Board may by any such regulations, restrictions, and 
conditions authorise the temporary removal of any such 
dam during such times as they may think proper, and 
may prohibit the removal or alteration of the same, except 
during such times and in such manner as to them may 
seem necessary or proper. 

Penalty for 10 Where the Board have ordered the erection of any 
regui * dam ^ a temporary or moveable character subject to any 
tions, &c. regulations, restrictions, or conditions, any person making 
temporary default in the due observance or committing a breach of 
works. an y o f the same shall be liable to a penalty not less than 
twenty pounds and not exceeding fifty pounds, and in case 
of a continuing offence to a further penalty not less than 
twenty pounds and not exceeding fifty pounds for each 
day after the first during which such default or breach 
continues ; but, save as aforesaid, such person shall not 
be liable to any penalty or damages or to pay any com- 
pensation by reason or in respect of any such default or 
breach. 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 283 

11 The Commissions of Sewers of the City of London, Power to 
the vestry of any parish, or the board of works for any sioners of 
district within the limits of this Act may, within twenty- f Jfjf of 
eight days after the receipt of the copy or copies of such London, 
part of such plan transmitted to them as aforesaid, if they dfltrict or 
have not made any objection to execute the flood works board to 
shown on such copy, or if they have made any such ob- flood 
jection, within twenty-eight days after the receipt by them works - 
of the order of the Board made after consideration of such 
objection, give notice in writing to the Board of their in- 
tention to execute to the satisfaction of the Board the 
flood works shown on such copy, and for the execution of 
which such Commissioners, vestry, or district board are 
liable to provide, and thereupon such Commissioners, 
vestry, or district board may proceed to execute such works 
in accordance with such copy, under the authority and 
with the powers by this Act conferred. 



12 Any owner or owners of premises who is or are Power to 
liable to provide for the execution upon such premises of owners r 

any flood works shown on any copy or copies of any part liable to 
. , !, -i , i n f execute 

or parts of such plan transmitted to him or them as atore- flood 

said, may within twenty-eight days after the receipt of the works - 
copy or copies of such part or parts of such plan as afore- 
said, if he or they have not made any objection to execute 
the flood works shown on such copy or copies, or if he or 
they have made any such objection, within twenty-eight 
days after the receipt by him or them of the order of the 
Board made after consideration of such objection, give 
notice to the Board of his or their intention singly or 
jointly to execute to the satisfaction of the Board such 
works as shown on such copy or copies, and thereupon 
such owner or owners may, subject to the provisions of 
this Act, singly or jointly enter upon any such premises 
and proceed to execute such works in accordance with such 
copy or copies, under the authority and with the powers by 
this Act conferred. 

13 If the Commissioners of Sewers of the City of Power to 
London, or any vestry, district board, or any owner of 
premises, neglect during twenty-eight days after the re- 
ceipt of the copy of any part of such plan as aforesaid, if case of 



284 METROPOLIS MANAGEMENT (THAMES BIVER 



default of 
Sonera of 

cSyof * 
London, 

district 
board, or 



Sec. 13- they or he have not made any objection, to execute the 
flood works shown on such copy, or if they or he have 
made any such objection, during twenty-eight days after 
*ke rece ipt by them or him of the order of the Board made 
after consideration of such objection, neglect to give such 
notice as aforesaid to the Board, or within twenty-eight 
days thereafter neglect to begin to execute any flood works 
shown on such copy, and for the execution of which such 
Commissioners, vestry, district board, or owner are liable 
to provide, or fail to carry on or complete such works, 
when begun, with all reasonable despatch and to the satis- 
faction of the Board, then and in every such case the 
Board may, subject to the provisions of this Act, cause 
the same to be executed, carried on, or completed, and 
may for such purpose themselves and by their officers, 
servants, and workmen enter upon such premises and do 
all such acts, matters, and things as may be necessary for 
the execution of such works. 



Powers for 

of flood 0n 
works. 



Powers of 



14 The Board, the Commissioners of Sewers of the 
City of London, the vestry of any parish, the board of 
works for any district, or any owner of premises, in the 
execution of any flood works, in accordance with the pro- 
visions of this Act, may carry the same through, along, 
across, or under any street, or through, along, across, or 
under any cellar or vault which may be under the pavement 
of any street, and into, through, along, across, upon, or 
under any lands, and may for such purpose enter upon any 
such cellar, vault, and lands, and any premises in 'the 
vicinity of or adjoining the same or connected therewith, 
compensation being made for any damage done thereby in 
manner provided by this Act. 

15 Where for the purpose of executing any flood works 
m accordance with the provisions of this Act it is in the 
opinion of the Board necessary that the Commissioners of 
Sewers of the City of London, the vestry of any parish, 
the board of works for any district, or any owner of premises 
liable under this Act to provide for the execution of such 
works, should take and use any premises not vested in 
them or subject to their control or management, or of which 
they or he are or is not the owner, or that the Board for 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 285 

the purpose of executing such works in place of them or Sec. 15. 
him should take and use such last-mentioned premises, 
then and in every such case the Board may take and use 
any such last-mentioned premises which may be required 
for the purpose of executing such works, and the Board 
shall for such purpose have and may exercise all the powers 
of taking land conferred upon the Board by the principal 
Act in relation to the taking of lands for works for the 
purpose of the sewerage or drainage of the metropolis. 

For the purposes of notices required by the principal 
Act to be served upon owners or reputed owners of lands 
before applying for the consent of the Secretary of State 
to the taking of lands compulsorily, the term "owner" 
shall, in relation to premises to be taken for the purposes 
of this Act, have the same meaning as in the Lands Clauses a & 9 Viet., 
Consolidation Act, 1845. 

When the Board have taken any premises under the 
authority of this Act, they may by writing under their seal 
authorise the Commissioners of Sewers, the vestry of any 
parish, the board of works for any district, and any owner 
to take or use the same for the execution of any flood 
works in accordance with the provisions of this Act, and 
thereupon such Commissioners, vestry, district board, or 
owner may for such purpose take and use such premises 
or any of them, and shall in respect of the same have all 
and the same powers as though they or he were or was the 
Board. 



16 For the purpose of executing any works under 
authority of this Act, the Board, the Commissioners of flood works 
Sewers of the City of London, the vestry of any parish, 5J and 
the board of works for any district, and any owner of bed of the 
premises liable to execute flood works, may, subject to the Shames. 
provisions of this Act, construct any such works through, 
along, over, or under the bed and soil and banks and 
shores of the River Thames : Provided always, that no 
such work shall be constructed in or upon the bed or shore 
of the River Thames as defined by the Thames Conservancy 
Act, 1857, except with the permission of the Conservators 20 & 21 
of the said river, and under a license to be granted by the C xf v ii C< 
said Conservators in accordance with the provisions of the 
said last-mentioned Act. 



286 METROPOLIS MANAGEMENT (THAMES RIVER 

Provision 17 Notwithstanding anything in this Act, the following 
certain provisions shall apply and shall be the only provisions of 
aockcom- this Act which shall apply to the execution of flood works 
in the case of or with reference to the following dock com- 
panies and their respective undertakings ; that is to say, 
the London and Saint Katherine Docks Company, the 
Surrey Commercial Dock Company, the Millwall Dock 
Company, and the East and West India Docks Company : 

(a) If the Board are of opinion that it is necessary for 

the protection of any lands within the limits of this 
Act from floods or inundations caused by the over- 
flow of the Eiver Thames that the height or level 
of any bank of any such dock company should be 
raised, they may by notice in writing under the 
hand of the chairman or engineer for the time being 
of the Board, to be served upon the secretary or left 
at the chief office of the company, require that the 
height or level of such bank shall be raised by the 
company to such an extent as the Board think 
necessary and shall specify in the notice ; and if 
the Company do not within one month after the 
service of the notice upon them as aforesaid give 
such notice to the Board as is hereinafter men- 
tioned, the Company shall with all convenient speed 
raise the height or level of such bank to the extent 
specified in the notice. 

(b) Within the said period of one month the company 

may give notice in writing to the Board that they 
consider the requirement of the Board to be un- 
necessary in whole or in part for the purpose of 
such protection as aforesaid, and that they desire 
that the question whether such requirement is or 
is not necessary shall be determined by arbitration, 
and thereupon, upon the application either of the 
company or the Board, the Board of Trade may 
appoint a competent and impartial engineer as 
arbitrator to determine the question. 

(c) The arbitrator by his award may direct that the 

height or level of any bank specified in the notice 
of the Board shall be raised by the company to 
such an extent as he may consider necessary, and 
the company shall with all reasonable speed comply 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 287 

with any such direction of the arbitrator. If the Sec. 17 
arbitrator is of opinion that the requirements of 
the Board are unnecessary in whole or in part, 
he shall so certify. The award of the arbitrator 
shall be final and conclusive, and the costs of the 
arbitration shall be in his discretion. 

18 For the purpose of giving effect to the provisions Power to 

t , i A i j j. L inspect 

of this Act, any engineer, surveyor, district surveyor, or lands, 
other person duly authorised in writing by the Board or 
by the Commissioners of Sewers of the City of London, 
or by the vestry of any parish, or by the board of works 
for any district, or by any owner of premises liable to 
execute flood works, or the owner of such premises, may 
enter upon any premises upon which any works executed 
or to be executed by them or him in pursuance of this 
Act are or will be situate, for the purpose of inspecting 
or taking surveys of the same, at any time between the 
hours of nine o'clock in the forenoon and four o'clock in 
the afternoon ; and if any person during such hours refuses 
to allow such engineer, surveyor, district surveyor, or 
other officer or person, or any such owner, to enter upon 
any such premises, or obstructs him in the making of 
such inspection or survey, such person shall be liable to 
a penalty not exceeding ten pounds, and to a further 
penalty not exceeding five pounds for every day after the 
first day during which he so continues to act in contra- 
vention of this Act. 

19 In order to preserve the navigation of the Kiver Flood 
Lee, the plan of any flood works to be constructed under upJn'the 
the authority of this Act through, along, over, or under Jjjj^jj r 
the bed or soil or banks or shores of the Eiver Lee within Lee to V be 
the limits of the jurisdiction of the Lee Conservancy J^ v f^ 
Board under the Lee Conservancy Act, 1868, which may Conserv- 
interfere with the free navigation of the said river, shall Board, 
be approved by the Lee Conservancy Board in writing v 1 .* 3 ^ 
under their common seal before such works are commenced, ciiv." 
certifying that the works according to such plan will not 
interfere with the free navigation of the said river, and 
thereupon such works shall only be executed in accordance 
with such plan, and no alteration shall thereafter be made 



288 METROPOLIS MANAGEMENT (THAMES RIVER 

Sec. 19. in such plan, except with the approval of the Lee Con- 
servancy Board in writing under their common seal as 
aforesaid. 



Saving 
rights of 
the Lee 
Conserv- 
ancy. 
Board. 



20 Nothing in this Act contained shall extend or be 
construed to extend to prejudice or derogate from the rights 
of the Lee Conservancy Board, or to prohibit, defeat, alter, 
or diminish any power, authority, or jurisdiction which at 
the time of the passing of this Act the Lee Conservancy 
Board did or might lawfully claim, use, or exercise, so far 
as such rights, power, authority, or jurisdiction may be 
exercised, or for the preserving of the free navigation of 
the Eiver Lee. 



Saving 
th?com- 



fornver- 

ot5er nd 
levels. 



21 Except in so far as may be necessary for the due 
execution of this Act, nothing in this Act contained shall 
affect, alter, abridge, or interfere with any of the rights or 
powers at the time of the passing of this Act vested in the 
Commissioners of Sewers for the levels of Havering, 
Dagenham, Ripple, Barking, East Ham, West Ham, 
Leyton, and Walthamstow, and for the respective borders 
and confines thereof near to the same, as the same are 
respectively standing, lying, running, and being in the 
respective counties of Essex, Middlesex, and Kent, and 
except in so far as the said rights and powers are varied 
by or are inconsistent with the provisions of this Act they 
shall continue in full force. 



Mainten- 
ance and 
repair of 
banks. 



Maintenance of Banks. 






22 The bodies and persons by this Act liable to provide 
for the execution of flood works upon any premises shall 
respectively be liable to maintain and repair the banks 
upon the same, and shall for the purpose of such mainten- 
ance and repair, in accordance with any plan or specifica- 
tions approved of by the Board, have all and the same 
powers and be subject to all and the same conditions as 
are by the preceding provisions of this Act conferred and 
imposed upon them respectively with respect to the 
execution of flood works in accordance with plans by the 
Board. 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 289 

23 From and after the passing of this Act, if any Penalty for 
person make any alteration to any bank so as to affect the ^banks* 1 
security of the premises upon which the same is situate, without 

. J j- .,1 t 'consent of 

or of any other premises adjacent or near thereto, from Board, 
flooding caused by the overflow of the Eiver Thames, 
without the previous sanction in writing of the Board, 
such person shall be liable to a penalty not exceeding ten 
pounds, and in the case of a continuing offence to a further 
penalty not exceeding ten pounds for every day after the 
first day after the making of such alteration until the same 
be sanctioned by the Board as aforesaid, or if the same is 
not so sanctioned until such bank be restored to its former 
condition to the satisfaction of the Board. 

24 Whenever it is made known to the Board that any survey and 
bank in any parish or in any district within the limits of aXerous 
this Act is out of repair, dangerous, or insufficient for theorinsuffi- 

ff , .. f -ii ,1 i A n cient banks 

ertectual protection of any premises within the limits 01 and main- 
this Act from floods or inundations caused by the overflow anTrepair 
of the Eiver Thames, they shall require a survey of such of same, 
bank to be made by the district surveyor or by some other 
competent surveyor, and it shall also be the duty of the 
district surveyor to make known to the Board any infor- 
mation he may receive with respect to any bank being in 
such state as aforesaid : 

Upon completion of his survey such district or other 
surveyor shall certify to the Board his opinion as to the 
state of any such bank as aforesaid : 

If such certificate is to the effect that such bank is not 
out of repair, dangerous, or insufficient for the purposes 
aforesaid, no further proceedings shall be had in respect 
thereof ; but 

If it is to the effect that such bank is out of repair, 
dangerous, or insufficient for the purposes aforesaid, the 
Board shall cause notice thereof to be served upon the 
Commissioners of Sewers of the City of London, the 
vestry of any parish, or the board of works for any district, 
or owner of premises liable to execute flood works in rela- 
tion thereto, specifying the flood works which are in their 
opinion necessary for repairing such bank, removing any 
cause of danger in relation thereto, or rendering the same 
sufficient for the purposes aforesaid (which works are in 

19 



290 METROPOLIS MANAGEMENT (THAMES EIVEE 

Sec. 24. this Act referred to as " works of maintenance''), and 
transmitting therewith a plan showing the line and level 
of the same, and such sections, estimates, and other 
information relating to the same as they may think proper, 
and thereupon all the preceding provisions of this Act as 
to the giving notices to the Board in relation to the execu- 
tion of such works, and to objections as to the mode of 
such execution, and to the execution of such works, shall 
extend and apply to the giving of notices to the Board in 
relation to the execution of such works of maintenance, 
and to objections as to the mode of such execution, and 
to the execution of such works of maintenance, in like 
manner in every respect as though such works of main- 
tenance had been works shown on the plan referred to in 
such preceding provisions and prepared by the Board 
immediately after the passing of this Act as aforesaid. 

Compensation. 

Mode of 25 Any person or body who claims compensation for 
?ngamount anv damage caused by the execution of any flood works 
of compen- under the authority of this Act, or in respect of any lands 
damages' or anv interest in lands taken or used for the purposes of 
execution or m j ur i us ly affected by the execution of flood works 
offl C ood n under the authority of this Act, may claim such compen- 
works, &c. 8a t;i on f rom the Board ; and if such person or body and 
the Board do not agree with respect to such claim, then 
and in every such case the validity of such claim and the 
amount of compensation (if any) payable in respect thereof 
shall, on the application of either party, be determined by 
arbitration by the standing arbitrator hereinafter referred 
to, subject to and in accordance with the provisions of this 
Act, and such provisions shall be in substitution for the 
provisions with respect to the tribunal for determining the 
settlement of questions of disputed compensation contained 
in the principal Act or any Act incorporated therewith, 
and the amount of compensation payable in respect of any 
such claim, when agreed upon or determined as aforesaid 
shall be paid by the Board as though the same were com- 
pensation payable in respect of lands taken under the 
authority of the principal Act : Provided always, that the 
owner or occupier of any lands shall not be entitled to 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 291 

any compensation on account of the execution by himself Sec. 25. 
or by any other person or body of any flood works for 
which such owner is in pursuance of this Act liable to 
provide upon any lands of which he is the owner or occu- 
pier unless after the execution of such works such lands 
are permanently injuriously affected thereby, and then 
only to the extent of such permanent injury. 



26 When any claim is made for compensation 

the authority of this Act the standing arbitrator shall have arbitrator 
power to decide upon the validity of such claim, and to amount of 
determine what (if any) compensation shall be made to compensa- 
the person or body making such claim, and in adjudicating lc 
upon such claim the standing arbitrator shall have regard 
to the nature of the flood works with respect to which the 
claim has arisen, the manner in which the same have been 
executed, the benefit (if any) which has accrued or which 
may reasonably be expected to accrue to the person or 
body making such claim by reason of the execution of such 
works, and generally to all the circumstances of the case ; 
and the standing arbitrator may, in determining the com- 
pensation to be paid for any lands or interest in lands 
taken or injuriously affected under the authority of this 
Act, according as he shall think fit, include in or exclude 
from such compensation an allowance in respect of the 
compulsory powers of this Act, and he may make such 
order as to the payment of the costs of such arbitration 
wholly or in part by the Board or the claimant, as he 
shall think just. 

27 For the purpose of determining the validity of claims Appoint- 
for compensation and the amount of compensation payable Sanding 
in respect of any claim declared to be valid by this Act arbitrator. 
directed to be settled by arbitration, there shall be an 
arbitrator, in this Act called the " standing arbitrator," 
appointed and acting as follows ; (that is to say), 

(1) The Secretary of State shall before the 31st day of 
December in the year 1879, and before the same 
day of December in every third succeeding year, by 
writing under his hand appoint a standing arbitrator 
and fix the remuneration to be paid to him, and 
every person so appointed shall continue in office 



292 METROPOLIS MANAGEMENT (THAMES RIVER 

Sec. 27- for three years from such 31st day of December in 

such years respectively : 

(2) Any standing arbitrator may be removed from his 

office by the Secretary of State by writing under 
his hand : 

(3) If any standing arbitrator during his term of office 

dies or resigns or is removed from office, the 
Secretary of State shall in manner aforesaid, with- 
in one month after notice of his death or resignation 
or removal, appoint another person to be a standing 
arbitrator in his place, and the person so appointed 
shall continue in office as long only as the person 
in whose place he is appointed would have been 
entitled to continue in office : 

(4) The remuneration of the standing arbitrator shall 

be paid by the Board. 

Before any standing arbitrator enters upon the duties of 

his office he shall in the presence of a justice make and 

subscribe the following declaration ; (that is to say), 

"I, A. B., do solemnly and sincerely declare that I will 

faithfully and honestly, and to the best of my skill 

and ability, hear and determine all matters which 

may from time to time be referred to me under the 

provisions of the Metropolis Management (Thames 

Eiver Prevention of Floods) Amendment Act, 1879. 

"A.B." 

And if the standing arbitrator having made such declara- 
tion wilfully acts contrary thereto, he shall be guilty of a 
misdemeanour. 

If any reference is pending before a standing arbitra- 
tor at the time when he resigns or goes out of office by 
effluxion of time, it shall nevertheless be proceeded with 
by him, and his decision shall have the like eftect as if he 
had not resigned or gone out of office. 

Proceed- 28 The standing arbitrator shall appoint a place and 

standing* 6 ^ me * or ^ e Bearing of any matter coming before him, and 

arbitrator, shall cause six days previous notice thereof to be given in 

such manner as he shall think proper, and at such place 

and time shall consider such matter and hear the 

parties appearing byi themselves, their counsel, solicitors, 

or agents, and take evidence, and the standing arbitrator 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 293 

may administer an oath or an affirmation (where an affir- Sec. 28- 
mation in lieu of an oath would be admitted in a court of 
justice) to any person before hearing any evidence from 
him, and may admit the affidavit or declaration of any 
person. 

The standing arbitrator, on the application of any party, 
may by summons require the attendance before him of any 
person to be examined as a witness before him, and may, 
on the like application, by summons require any person 
to bring before him all books, papers, and writing > n his 
possession, custody, or control relating to any matter to 
be inquired into by the standing arbitrator. 

Every person so summoned shall attend the standing 
arbitrator and answer all questions touching the matter to 
be inquired into, and bring and produce all papers, books, 
and writings required according to the tenor of the summons; 
and any such person not attending in obedience to such 
summons, or refusing to answer such questions, or failing 
to bring or produce such papers, books, and writings as 
aforesaid, shall be liable, if the standing arbitrator shall so 
order, to a penalty not exceeding fifty pounds : Provided 
that any person so summoned shall not be bound to obey 
the summons unless a reasonable sum is first paid or 
tendered to him for his expenses. 

If any person on examination on oath or affirmation 
before the standing arbitrator, or in any affidavit or declara- 
tion used before the standing arbitrator, wilfully gives false 
evidence, he shall be deemed guilty of perjury. 

In case any party fail to appear at the time and place 
appointed for the hearing of any matter by the standing 
arbitrator, the standing arbitrator may proceed with the 
hearing of such matter in the absence of such party. 

The decision of the standing arbitrator in any arbitration 
under this Act shall be final and binding upon the parties 
to such arbitration. 

No award made by the standing arbitrator in accordance 
with this Act shall be set aside for 'any irregularity or 
informality. 

Financial. 

29 The expenses from time to time incurred by the 
Commissioners of Sewera of the City of London in the 



294 METROPOLIS MANAGEMENT (THAMES RIVER 

Sec. 29. execution of any flood works under this Act, and any 

Payment of expenses which the Board may from time to time require 

Co^nmfs 8 - * P a y men t of from the said Commissioners as hereinafter 

Bioners of provided, shall be paid by the said Commissioners out of 

City 6 ? f any rates which the said Commissioners are authorised to 

London, direct to be made under any Act relating to the sewerage 

of the said city, or out of moneys borrowed on the security 

of such rates ; and the said Commissioners shall have full 

power from time to time to raise the amount of any such 

expenses, and the interest on any moneys borrowed as 

aforesaid, and any moneys required for the repayment 

thereof, by any such rate which they may be authorised 

to direct to be made as aforesaid or by any addition thereto. 

Payment of 30 Any vestry or district board, for the purpose of 
^ t n e sesof paying any expenses from time to time incurred by them 
and in the execution of any flood works under this Act or any 

boards! expenses which the Board may from time to time require 
payment of as hereinafter provided, shall from time to 
time raise the sums they may require by borrowing or by 
means of rates in every respect as if such expenses were 
expenses of such vestry or district board incurred in the 
execution by them of the principal Act in relation to the 
sewerage of their parish or district ; and any such vestry 
or district board in any case in which it appears to them 
that such expenses have been incurred for the special 
benefit of any particular part of their parish or district, 
or have not been incurred for the equal benefit of the 
whole of their parish or district, may by order direct the 
sum or sums necessary for defraying such expenses, or 
any part thereof, to be levied in such part or exempt any 
part of such parish or district from the rates, or require a 
less rate to be levied thereon, as the circumstances of the 
case may require ; and any such district board may refrain, 
where any entire parish or parishes ought in their judg- 
ment to be so exempt, from levying any money thereon, 
notwithstanding they may issue any order or orders for 
levying sums upon any other parish or parishes in their 
district. 

All the provisions of the principal Act concerning orders 
by vestries and district boards requiring overseers of 
parishes to levy and pay sums required by vestries and 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 295 

district boards for defraying their expenses in relation to Sec. 
the sewerage of their parish or district as aforesaid, and 
for and in relation to the making of rates for such purposes, 
and for levying and enforcing payment of the same, shall 
extend and apply to and in the case of all sums required 
by vestries and district boards for defraying the expenses 
incurred by them in the execution of this Act, and for 
paying interest on moneys borrowed for the payment of 
such expenses and for repaying such moneys under the 
authority of this Act. 

31 Where the Board execute any flood works for the power to 
execution of which the Commissioners of Sewers of the 
City of London, the vestry of any parish, the board 
works of any district or any owner of premises were 
was liable to provide, they may by order require payment jg J]jj e or 
of and recover the whole or such part as they may think 
just of the expenses incurred by them in respect of the 
execution of the same (exclusive of any moneys paid or 
any expenses incurred by them in respect of or in relation 
to compensation) from the said Commissioners, from such 
vestry, board of works, or owner : 

Provided also, that if the said Commissioners or any 
vestry, district board, or owner feel aggrieved by the 
amount of any sum required by order of the Board to be 
paid by them or him in respect of any such expenses so 
incurred by the Board as aforesaid, they or he may at any 
time within twenty-one days after service of any such 
order decline to pay such amount, and thereupon the 
amount of such sum shall be determined by arbitration 
by the standing arbitrator, who, upon the application of 
either party, shall, having regard to all the circumstances 
of the case, determine the amount of the sum to be paid 
to the Board in respect of such expenses, and shall make 
such order as to the payment of the costs of such arbitra- 
tion as he shall think just, and the amount so fixed shall 
be paid to and may be recovered by the Board. 

Where any sum is payable to the Board by any owner 
of premises in pursuance of this section, the Board shall, 
if required by such owner, accept payment of such sum 
by half-yearly instalments of such amount as will be 
sufficient to discharge the same, together with interest on 



296 METROPOLIS MANAGEMENT (THAMES RIVER 

Sec. 31. so much thereof as shall for the time being remain unpaid, 
at the rate of five pounds per centum per annum, in thirty 
years from the date when such sum became payable by 
such owner, and thereupon the Board shall be entitled 
from time to time to require payment of such half-yearly 
instalments from the owner of such premises for the time 
being ; and until all such instalments shall be fully paid 
off they shall be a charge upon such premises in priority 
of all other charges and incumbrances whatsoever, except 
the land tax and the property tax charged upon the owner, 
and shall from time to time be paid by the owner of such 
premises for the time being to and may be recovered by 
the Board. 

Rentcharge 32 Where any owner of lands has incurred any ex- 
Santedin penses in pursuance of this Act, the Board, on being satis- 

wo?ks ct f ^ at suc k ex P enses nave b een duly incurred, may 

by order under their seal grant to such owner a yearly 
rentcharge issuable out of the lands in respect whereof 
such expenses have been incurred and specified in such 
order, and thereupon such lands shall be subject to and 
charged with the payment of such rentcharge in priority 
of all other charges or incumbrances whatsoever (except 
the land tax and the property tax charged upon the owner), 
and such rentcharge shall be payable by the person who 
for the time being is the owner of such premises. 

Such rentcharge shall be personal estate, and shall be- 
gin to accrue from the day of completion of the works in 
respect of which such expenses shall in any such order be 
expressed to have been incurred, and shall be payable by 
equal half-yearly payments on the days mentioned in such 
order during a term not exceeding thirty years, in such 
manner that the whole of such expenses, with the costs 
of preparing the said order, together with interest thereon 
respectively at the rate of five pounds per centum per 
annum on the sum from time to time remaining unpaid, 
shall be repaid at the end of the said term. 

At any time before the expiration of the term during 
which any such instalments or any such rentcharge are or 
is payable, the person liable to pay the same may redeem 
such instalment or rentcharge by paying to the Board or 
to the person entitled to receive the expenses in respect 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 297 

of which such instalments are payable or such rentcharge Sec. 32. 
was granted, or such part thereof respectively as may 
not have been defrayed by the half-yearly payments of 
such instalments or rentcharge respectively already 
made. 

Whenever any annual payment by way of instalment 
or rentcharge is under this Act payable by the owner for 
the time being of any lands, and such owner for thirty 
days after notice requiring him to pay the same makes 
default in paying the same, then and in every such case 
the Board or the person entitled thereto shall be at liberty 
to require the occupier of such premises to pay the same 
to them or him, and in case any such occupier shall for 
fourteen days after notice in writing by the Board or person 
so entitled as aforesaid requiring him to make such pay- 
ment make default therein, then and in every such case 
the Board or such person entitled as aforesaid may recover 
the amount due in respect of such rentcharge or instalments 
from such occupier in the same manner and with the like 
remedies in every respect as if they or he were overseers 
of the poor of the parish in which such premises are 
situate, and as if the amount due were poor rates in arrear 
in respect of such premises : Provided always, that where 
any payment is made by or recovered from any occupier 
under this section, he shall be entitled to deduct the 
amount of the same from any payment he may from time 
to time be liable to make to the owner until he be reim- 
bursed such amount. 

33 The Board, for the purpose of paying any expenses power to 
from time to time incurred by them under this Act, may JJ^J yg 
apply any moneys raised or authorised to be raised by raised 
them under any Act of Parliament and not required for "the 6 / Acts 
the purposes of that Act, and also any moneys which they j^*^ ^ ses 
may be authorised to raise for the purposes of this Act. by Board 

under this 
Act. 

34 All expenses incurred by the Board in the execution Expenses 
by them of this Act, and not hereby otherwise provided of Board - 
for, shall be deemed to be expenses incurred by them in 
the execution of the principal Act, and shall be raised and 
paid accordingly. 



298 METROPOLIS MANAGEMENT (THAMES RIVER 



As to 

liability in 
respect of 
certain 
flood works 
for which 
persons are 
liable by 
Act of 
Parlia- 
ment, by 
prescrip- 
tion, 

tenure, or 
otherwise 
by law. 



Recovery 
of ex- 
penses. 



35 Nothing in this Act contained shall exempt from 
liability to maintain and repair any bank any person or 
body who is by Act of Parliament, by prescription, or by 
reason of tenure, or otherwise by law liable to maintain or 
do any repairs to any bank : Provided always, that when- 
ever any flood works have been executed by any body or 
person in pursuance of this Act affecting such bank, and 
in relief of the liability of the person or body liable to 
maintain or do any repair to such bank as aforesaid in re- 
spect of such maintenance and repair thereof, then and in 
every such case the person or body so liable as aforesaid 
shall pay to the body or person executing such works such 
sum as is hereafter in this section mentioned. 

The sum to be paid by such person or body in respect 
of such works shall be such sum as may be agreed on be- 
tween such person or body and the body or person execut- 
ing such works as aforesaid or in default of agreement as 
may be settled by arbitration by the standing arbitrator, 
who, upon the application of either party, shall settle the 
same, and shall in settling the same have regard to the 
expenses which the person or body by whom such sum is 
to be paid would have reasonably been liable to incur in 
respect of the maintenance or repair of such bank as 
aforesaid if such works had not been executed as aforesaid, 
and who shall make such order as to the payment of the 
cos^s of such arbitration as he shall think just. 

Any moneys received by the Board, the Commissioners 
of Sewers of the City of London, the vestry of any parish, 
or the board of works of any district under the provisions 
of this section, shall be applied by them towards the pay- 
ment of expenses which they have incurred or may incur 
in the execution of works in pursuance of the provisions of 
this Act. 

Where the expenses of any such works are made a charge 
by the Board upon any premises, any moneys received by 
the Board in respect of the same under the provisions of 
this section shall be applied by the Board in reduction of 
the amount of such charge. 

Miscellaneous. 

36 Any expenses recoverable by the Board under the 
authority of this Act may be recovered in manner pre- 



PEEVENTION OF FLOODS AMENDMENT ACT, 1879, 299 

scribed by the principal Act with respect to the recovery Sec. 36. 
of expenses directed by that Act to be recovered in a 
summary manner. 

37 A notice or order under this Act may be wholly or AS to 
partly in writing or in print, and may be served on the 
owner or occupier of any premises by leaving the same 
with the occupier of such premises or with some inmate 
of his abode, or if there is no occupier by putting up such 
notice, plan, or order on a conspicuous part of the building 
or premises to which the same relates, and it shall not be 
necessary to name the owner or occupier of such premises ; 
nevertheless, when the owner of any such premises and 
his residence or that of his agent is known to or can with 
reasonable diligence be discovered by the party by whom 
or on whose behalf any notice or order is intended to 
be served, it shall be the duty of such party to send 
a copy of every such notice or order by the post in a 
registered letter addressed to the residence or last known 
residence of such owner or of his agent. 

The term " notice " in this section shall include 
plan. 

38 Nothing in this Act contained shall be taken to Agreement 
avoid any contract made between any landlord and tenant ^diord 
of any lands to which the provisions of this Act relate with Jjj^ ^| nt 
respect to the execution of any flood works or of any other avoided, 
works for the protection of such lands or any lands adjoin- 
ing or near the same from floods or inundations caused by 
the overflow of the Eiver Thames, or with respect to the 
maintenance and repair of such lands, or of any house, 
building, or other erection thereupon, or with respect to 
any payments, rates, dues, and sums of money payable in 
respect of such lands, house, building, or other erection ; 
and any moneys paid by any landlord or any tenant in 
pursuance of this Act, in relation to any matters with 
respect to which under any such contract such tenant or 
landlord is liable, may be recovered by such landlord as 
rent due by such tenant, or be deducted by such tenant 
from any rent from time to time due by him to such 
landlord. 



300 METROPOLIS MANAGEMENT (THAMES RIVER 

rMhts g of * Nothing in this Act contained shall extend or be 
the Con- construed to extend to prejudice or derogate from the 
ofthe tors estates or rights of the Conservators of the Eiver Thames, 

River or to prohibit, defeat, alter, or diminish any power, autho- 
Thames. 



jurisdiction which at the time of the passing of this 
Act the said Conservators did or might lawfully claim, 
use, or exercise. 

saving 40 Nothing contained in this Act shall extend to 

the h Duciiy authorise the Board to take, use, enter upon, or interfere 

wa8 rm " w ^ an y l an< ^> so ^> or water > or an y rights in respect 

thereof, belonging to Her Majesty, her heirs or successors, 

in right of the Duchy of Cornwall, without the consent in 

writing of some two or more of such of the regular officers 

of the said duchy or of such other persons as may be duly 

26&27 authorised under the provisions of the Duchy of Cornwall 

Viet., c. 49. Management Act, 1863, section 39, to exercise all or any 

of the rights, powers, privileges, and authorities by the said 

Act made exerciseable or otherwise for the time being 

exerciseable in relation to the said duchy, or belonging to 

the Duke of Cornwall for the time being, without the con- 

sent of such Duke, testified in writing under the seal of 

the Duchy of Cornwall, first had and obtained for that 

purpose, or to take away, dimmish, alter, prejudice, or 

affect any property, rights, profits, privileges, powers, or 

authorities vested in or enjoyed by Her Majesty, her heirs 

or successors, in right of the Duchy of Cornwall, or in or 

by the Duke of Cornwall for the time being. 

saving 41 Nothing contained in this Act shall authorise the 

the h crown Board, the Commissioners of Sewers of the City of London, 
' the vestry of any parish, the board of works for any district, 
or any owner of premises liable to execute flood works, 
to take, use, or in any manner interfere with any land or 
hereditaments, or any rights of whatsoever description, 
belonging to the Queen's most Excellent Majesty in right 
of her Crown, and under the management of the Commis- 
sioners of Her Majesty's Woods, Forests, and Land 
Eevenues, or either of them, without the consent in writing 
of the same Commissioners, or one of them, on behalf of 
Her Majesty, first had and obtained for that purpose (which 
consent such Commissioners are hereby respectively 



PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 301 

authorised to give) ; neither shall anything in the said Act Sec. 41. 
contained extend to take away, prejudice, diminish, or alter 
any of the estates, rights, privileges, powers, or authorities 
vested in or enjoyed or exerciseable by the Queen's Majesty, 
her heirs or successors. 

42 Nothing in this Act shall authorise the Board to Saving 
exercise any power or control whatsoever in or over any tn?crown 
lands or hereditaments which now are or hereafter shall in respect 
be vested in the Crown or in the Commissioners of Her veeteeulf y 
Majesty's Works and Public Buildings for public purposes or^fjJe 
or for the public service, or under the management of the Commis- 
same Commissioners for the like purposes or service. 



Majesty's 

43 From and after the passing of this Act the pro- 
visions of sections sixty-nine and seventy of the principal faction? f 
Act, so far as they relate to the execution and maintenance 69 & 70 of is 
of flood works and banks as defined by this Act by vestries c . 120, as " 
and district boards, shall cease to be in force or to have fljjj 68 to 

effect. works, &c., 

to cease to 
be in force. 

44 Every penalty, fine, or forfeiture imposed by this Recovery 
Act, or for default or breach of any < regulation, restriction, anda V ppii- 
or condition made or imposed in pursuance thereof, may penalties. 
be sued for and recovered by the Board, or any officer or 
servant by them authorised, as if it were a penalty or 
forfeiture imposed by the principal Act, and shall be paid 

to the Board and applied by them towards the expenses 
of carrying this Act into execution, anything contained in 
an Act made and passed in the session holden in the 
second and third years of the reign of Her present Majesty, 
chapter seventy-one, or in any other Act or Acts, to the 
contrary notwithstanding. 

45 The costs, charges, and expenses preliminary to Expenses 
and of and incidental to the preparing of, applying for, of Act- 
obtaining, and passing of this Act shall be paid by the 
Board. 



302 



METROPOLITAN BOARD OF WORKS 
(VARIOUS POWERS) ACT, 1882. 

45 VlCT., C. LVI. 

SECTION PAOB 

45. Board may require means of exit from theatres, &c., to 

be kept open 303, 304 



303 



METEOPOLITAN BOARD OF WORKS 
(VARIOUS POWERS) ACT, 1882. 

45 VlCT., C. LVI. 

45 Where any house or other place of public resort Board may 
within the metropolis which is for the time being autho- me^of 
rised to be kept open for the public performance of stage g^gj 
plays is kept open for such purpose under the authority & c ., to be 
of letters patent from Her Majesty her heirs and successors kept open> 
or predecessors or of a license granted by the Lord 
Chamberlain of Her Majesty's household for the time 
being or by justices of the peace or where any house 
room or other place of public resort within the metropolis 
containing a superficial area for the accommodation of the 
public of not less than five hundred square feet which is 
for the time being authorised to be kept open is kept open 
for dancing music or other public entertainment of the 
like kind under the authority of a license granted by any 
court of quarter sessions the Board may serve a notice in 
writing upon the person by whom such house room or 
place of public resort is so kept open requiring him to 
comply with any such requirements as the Board may 
think expedient with respect to all or any of the matters 
following (that is to say) : 

The times during which the doors or any of the doors 
affording means of exit from any such house room or 
place of public resort shall be kept open during the 
times fixed for the admission of the public to or the 
presence of the public in or the departure of the 
public from such house room or place of public 
resort. 

The conditions under which such doors or any of such 
doors may be closed during the times aforesaid and 



304 (VARIOUS POWERS) ACT, 1882. 

Sec. 45. the persons to be charged with the duty of closing 

and opening the same. 

The nature of the fastenings to be used for the purpose 
of keeping such doors or any of such doors closed 
during the times aforesaid. 

The notices to be posted in such house room or place of 
public resort specifying the means of exit therefrom. 

In case any such house room or place of public resort 
is kept open by any person for any of the purposes afore- 
said while all or any the requirements of such notice are 
not complied with such person shall be liable to a penalty 
not exceeding ten pounds for every day on which such 
house room or place of public resort is so kept open after 
service of such notice. 

Any person authorised by the Board in writing may at 
any time during the times fixed for the admission or 
presence of the public and at all other reasonable times 
enter and inspect any such house room or place of public 
resort for the purpose of ascertaining whether any such 
notice should be served by the Board with respect to such 
house room or place of public resort or whether the re- 
quirements of any such notice are complied with and if 
any person refuses to admit any person so authorised or 
to afford him all reasonable assistance in such inspection 
then in every such case the person so refusing shall incur 
for each offence a penalty not exceeding twenty pounds. 






305 



THE LONDON COUNTY COUNCIL 
(GENERAL POWEKS) ACT, 1890. 

The following Section (32) of the above Act is the only one remain- 
ing in force relating to building. 

SECTION PAGE 

32. Notice to be given to Vestry or District Board, of build- 

ng or demolishing any house, building, or wall - 306-307 









20 



306 



THE LONDON COUNT Yi COUNCIL 
(GENERAL POWERS) ACT, 1890. 

[See Fourth Schedule L.B.A., 1894, page 165.] 

The following Section (32) of the London Council (General 
Powers) Act, 1890, 53 & 54 Viet., c. 218, is the only 
one remaining in force relating to building. 

Notice to 32 Every person who shall intend to build or take 
veiftry or ^ own anv house, building, or wall (not being within the 
District City of London), within ten feet of any public thorough - 
buUd!ngorf are J sna ll give notice of such intention to the Vestry or 
demolish- District Board of the parish or district in which such 
house, y house, building, or wall is situate, and shall, before com- 
orwai? 8 ' niencing to build or take down any such house, building, or 
wall, cause to be put up such hoard or fence, with a con- 
venient platform and handrail (if there be room enough), 
for the same to serve as a footway for passengers outside 
of such hoard or fence, as the Vestry or District Board 
may think to be proper and sufficient, and shall continue 
such hoard or fence and such platform and handrail standing 
and in good condition to the satisfaction of the Vestry or 
District Board during the building or taking down of any 
such house, building, or wall, unless the Vestry or District 
Board shall give their consent in writing to its previous 
removal, and shall, when required so to do by the Vestry 
or District Board, cause such hoard or fence and such plat- 
form and handrail to be well lighted from sunset to sunrise : 
Every person who fails to give such notice to the Vestry 
or District Board, or who commences to build or take down 
any such house, building, or wall, without causing to be put 
up such hoard or fence with or without such convenient 
platform and handrail, or who does not continue such 
hoard or fence with or without such convenient platform 



(GENERAL POWEES) ACT, 1890. 307 

and handrail in good condition to the satisfaction of, the Sec. 32. 
Vestry or District Board as aforesaid, or who does not 
when required so to do cause such hoard or fence with or 
without such platform and handrail to be well lighted from 
sunset to sunrise, shall for every such offence be liable to a 
penalty not exceeding five pounds, and a further penalty 
not exceeding forty shillings for every day on which such 
offence shall continue after conviction thereof, such penalties 
to be recovered by summary proceeding. 



308 



THE METROPOLIS MANAGEMENT 
AMENDMENT ACT, 1890. 

53 & 54 VIOT., o. 66. 

SECTION r PAGE 

1, 2. Preliminary - 309 

3. Power to Vestry or District Board to repair a road or 

way, not being a street 309, 310 

4. Penalty for making sewers contrary to plans approved 310, 311 

5. Penalty in case of connections with local sewers - 311, 312 

6. Subsoil under a street, road, passage, or way not to be 

removed without the consent of the Vestry or District 
Board or Council 312-314 

7. Surveyor or other officer to see that conditions are observed 314 

8. Limited application of Act to City of London - - 314 

9. Penalties and expenses - 314 

10. Expenses of Act - - 314 



309 



THE METKOPOLIS MANAGEMENT 
AMENDMENT ACT, 1890. 

53 & 54 VIOT., c. 66. 
An Act to amend the Metropolis Management Acts. 

[llth August 1890.] 

Be it enacted by the Queen's most Excellent Majesty, by 
and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parlia- 
ment assembled, and by the authority of the same as 
follows : 

1 This Act may be cited for all purposes as the Metro- short Title, 
polis Management Amendment Act, 1890. 

2 In this Act 

"The Metropolis Management Acts" includes the interpreta- 
Metropolis Management Act, 1855, and any Acts J^&'IQ 
amending the same. vict " c - 20 - 

Terms to which meanings are assigned by the Metro- 
polis Management Acts have the same respective 
meanings. 

" The Council " means the London County Council. 

3 Any Vestry or District Board may from time to power to 
time execute any necessary works of repair upon any or ^Strict* 1 
any part of any carriage road within their parish or dis- Board to 
trict which shall have been used for not less than six SaTorway 
months for public traffic, and which may not at the time geet eing a 
of such repair have become repairable by them, and shall 
not by undertaking such repair prejudice or affect the 



310 THE METROPOLIS MANAGEMENT 

Sec. 3. powers of such Vestry or District Board to apportion and 
recover the expenses of paving such road or way if and 
when the same shall be paved as a new street under the 
Metropolis Management Acts. 

The expenses of and incident to such repair may in the 
first instance be paid by the Vestry or District Board in 
the same manner as the expenses of repairing other streets 
repairable by them, and shall, as soon as may be thereafter, 
be apportioned upon and recovered from the owners of the 
houses and land bounding or abutting on such road or part 
thereof in the same manner as if such expenses were ex- 
penses of paving such road or part thereof as a new street 
under the provisions of the Metropolis Management Acts 
relative thereto, and the amount of the expenses so appor- 
tioned may be recovered by the Vestry or District Board 
in a court of competent jurisdiction. 

Provided that no railway company shall be liable under 
this section to pay the proportion of the expenses of and 
incident to such works of repair apportioned upon them in 
respect of lands abutting on any such road, and used solely 
as part of their line of railway and sidings, and having no 
direct communication with such road, and the amount ap- 
portioned upon any such company in respect thereof shall 
be paid by the Vestry or District Board. But in the 
event of such company making a direct communication 
with such road before the same is taken over by the Vestry 
or District Board, a just share of the said expenses shall 
be payable by such company to the Vestry or District 
Board, and the amount of such share shall, in case of dif- 
ference between the railway company and the Vestry or 
District Board, be fixed in a summary way by any metro- 
politan police magistrate in whose district such road shall 
be wholly or partly situate, and shall be payable on demand 
to the Vestry or District Board. 

Stroud v. Wandsworth District Board of Works. It is for the 
Vestry or District Board to decide as to the necessity of the works, 
and they are not bound to prove such necessity to the satisfaction 
of the tribunal before which they seek to recover expenses [(1894), 
2 Q.B. (C.A.) 1]. 

4 Any person making any sewer, .or branching any 
sewer or drain into any sewer vested in the Council, with- 



AMENDMENT ACT, 1890. 311 

out the approval in writing of the Council first had and Sec. 4. 
obtained, or otherwise than in accordance with a plan and Pen aity fo 
section thereof approved by the Council, or causing any makin g 

, ** , J , m , ' i -I i n i sewerston 

such sewer or dram to be so made or branched, shall be trary to 
liable to a penalty not exceeding fifty pounds. approved. 

The Council may by notice in writing to the owner or 
owners of the premises connected with the sewer or drain 
so improperly made or branched, or (if there are no such 
premises) of the land in which it is placed, require such 
owner or owners forthwith to remove such sewer or drain 
or to reconstruct the same at his or their expense to the 
approval of the Council in accordance with the plan an.d 
section approved as aforesaid, and in the event of such 
owner or owners failing to comply; with the terms of such 
requisition, such owner or owners, as the case may be, 
shall be severally liable to a penalty not exceeding five 
pounds for every day during which he or they shall fail 
to comply therewith. And the Council may execute the 
works required and recover the costs and expenses thereof 
in a court of summary jurisdiction from the person who 
shall have made or branched, or caused to be made or 
branched, the sewer or drain, or from the owner or owners 
of the premises connected therewith, or (if there are no 
such premises) of the land in which it is placed. Provided 
that if the premises of more than one owner are at the 
time of the commencement of the work by the Council con- 
nected with any such sewer, the costs and expenses thereof 
shall be apportioned amongst and recoverable from such 
owners in proportion to the rateable value of the premises 
respectively connected therewith. 

Provided also that in the event of any such costs and 
expenses being paid to the Council by any such owner or 
owners, then such owner or owners shall be entitled to 
recover in a court of summary jurisdiction the amount so 
paid by them from the person who made or branched or 
caused such sewer or drain to be made or branched in 
manner aforesaid. 

5 Any person making any sewer or branching any Penalty in 
sewer or drain into any sewer vested in any Vestry or Sections * 
District Board without the approval in writing of such 
Vestry or District Board'first had and obtained, or other- 



312 THE METEOPOLIS MANAGEMENT 

Sec. 5. wise than in accordance with the plan and section thereof, 
if any, approved by the Council under the provisions of 
the Metropolis Management Acts relative thereto, or 
causing any such sewer or drain to be so made or branched, 
shall be liable to a penalty not exceeding fifty pounds. 
The Vestry or District Board concerned may, by notice in 
writing to the owner or owners of the premises connected 
with the sewer or drain so improperly made or branched, 
or (if there are no such premises) of the land in which 
it is placed, require such owner or owners forthwith to 
remove such sewer or drain, or to reconstruct the same at 
his or their expense to the approval of such Vestry or 
District Board and in accordance with the plan and section 
approved as aforesaid, and in the event of such owner or 
owners failing to comply with the terms of such requisi- 
tion, such owner or owners, as the case may be, shall be 
severally liable to a penalty not exceeding five pounds for 
every day during which he or they shall fail to comply 
therewith, and the Vestry or District Board may execute 
the works required and recover the costs and expenses 
thereof in a court of summary jurisdiction from the person 
who shall have made or branched, or caused to be made or 
branched, the sewer or drain, or from the owner or owners 
of the premises connected therewith, or (if there are no 
such premises) of the land in which it is placed. 

Provided that if the premises of more than one owner 
are at the time of the commencement of the work by the 
Vestry or District Board connected with any such sewer, 
the costs and expenses thereof shall be apportioned amongst 
and recoverable from such owners in proportion to the 
rateable value of the premises respectively connected there- 
with. 

Provided also that in the event of any such costs and 
expenses being paid to the Vestry or District Board by any 
such owner or owners, then such owner or owners shall be 
entitled to recover in a court of summary jurisdiction the 
amount so paid by them from the person who made or 
branched or caused such sewer or drain to be made or 
branched in manner aforesaid. 

6 Subject to the provisions of this Act, it shall not be 
lawful after the passing of this Act to form or lay out, or 



AMENDMENT ACT, 1890. 313 

to commence to form or lay out any street, road, passage, Sec. 6. 
or way over land from which sand, gravel, or other subsoil Subsoi i 
has been excavated or removed, until the site and subsoil under a 
of the street, road, passage or way has been properly road, ' 
levelled and made good to a sufficient depth with stones, ^y 8 n?t to* 
gravel, or other suitable material to form a sound founda- be removed 
tion, to the satisfaction of the Vestry or District Board, Se^on- 
to be expressed in writing, and it shall not be lawful tOy^^J 6 
excavate, remove, or take away any sand, gravel, or subsoil District 
from any land upon which any street, road, passage, or 
way has been wholly or in part formed or laid out, or upon 
which it is intended to form or lay out any street, road, 
passage, or way, except upon such conditions as to the 
levelling and making a proper foundation for the same as 
the Vestry of the parish or District Board of the district 
may in writing impose. Provided that this section shall 
not apply where no more sand, gravel, or subsoil has been 
or is intended to be excavated, removed, or taken away 
than is necessary to level or form a foundation for the 
paving, metalling, or flagging of any street, road, passage, 
or way. If the Vestry or District Board shall refuse their 
approval in writing, or shall impose conditions, any com- 
pany or person dissatisfied with such refusal or with such 
conditions may, within seven days from the date of receiv- 
ing notice of such refusal or of such conditions, appeal 
to the Council, and such appeal shall stand referred to 
such committee of the Council as the Council may appoint, 
and such committee shall have power to confirm or reverse 
such refusal, or to vary the conditions imposed, or impose 
such conditions as they may think fit, and their determina- 
tion shall be final, and such committee may order any costs 
of such appeal to be paid to or by the Vestry or District 
Board or person appealing. Any company or person 
forming or laying out, or commencing to form or lay out, 
any street, road, passage, or way, or excavating, removing, 
or taking away any sand, gravel, or subsoil contrary to the 
provisions of this Act, or to the conditions imposed by the 
Vestry or District Board, or on appeal by the Council, 
shall for every such offence be liable to a penalty not 
exceeding five pounds, and to a further penalty not 
exceeding twenty shillings for every day after the first 
during which the offence is continued, or during which 



Sec. 6- 



314 METROPOLIS MANAGEMENT AMENDMENT ACT, 1890. 

such excavation shall be permitted to remain without the 
consent in writing of the Vestry or District Board or on 
appeal of the Council. 

Provided always that nothing in this section contained 
shall apply to any road, passage, or way formed or laid 
out, or to be formed or laid out, and intended to be main- 
tained as a road, passage, or way not open to public use. 

Provided also that nothing in this section contained 
shall prejudice or affect any existing rights of the owners 
of property fronting or abutting on any street, road, pas- 
sage, or way, to excavate subsoil for the purpose of forming 
or constructing cellars, vaults, subways, or basements in 
connection with buildings erected on such property. 



o?othe? r ^ Tiie survevor of tne Vestry or District Board, or 
officer to other officer of the Vestry or District Board, or any officer 
conditions appointed for that purpose by the Council, shall take care 



observed. 



that the provisions of the preceding section are complied 

.,, *Tj n--- -i i_ j.i \? - 

with, and that any conditions imposed by the Vestry or 
District Board or the Council in giving their consent in 
writing thereunder are observed. 



implication 8 Except so far as relates to any sewers vested in the 
of Act to Council, none of the provisions contained in this Act shall 
London, have any force or effect within the City of London. 



Penalties 

and 

expenses. 



Expenses 
of Act. 



9 Penalties and expenses under this Act may be sued 
for and recovered either by the Council, or by the Vestry 
or District Board concerned, in the same manner as penal- 
ties under the Metropolis Management Act, 1855, and the 
Acts amending the same. 

10 Any costs, charges, and expenses incurred by the 
Council of and incidental to the preparing, applying for, 
and passing of this Act shall be paid by the Council. > 






315 



THE PUBLIC HEALTH 
(LONDON) ACT, 1891. 

54 & 55 VIOT., c. 76. 

SECTION PAGE 

96. Provisions as to the occupation of underground rooms 

as dwellings 316-318 

97. Enforcement of provisions as to underground rooms - 318 

98. Provisions in case of two convictions for unlawfully 

occupying underground room 318 



316 



THE PUBLIC HEALTH 
(LONDON) ACT, 1891. 

The following Sections of the Public Health (London) Act, 
1891, 54 & 55 Viet., c. 76, give provisions as to the 
occupation of underground rooms as dwellings. 

[See Section 70, Sub-section 1 (/), L.B.A., 1894, page 65.] 
Underground Rooms. 

Provisions 9g_(l) Any underground room, which was not let or 
occupation occupied separately as a dwelling before the passing of this 
of under- Act, shall not be so let or occupied unless it possesses the 

ground . ,, . . . , . A 

rooms as following requisites ; that is to say, 

dwellings. ^ unless the room is in every part thereof at least 

seven feet high measured from the floor to the 
ceiling, and has at least three feet of its height 
above the surface of the street cr ground adjoin- 
ing or nearest to the room : provided that if the 
width of the area hereinafter mentioned is not 
less than the height of the room from the floor 
to the said surface of the street or ground, the 
height of the room above such surface may be less 
than three feet ; but it shall not in any case be 
less than one foot, and the width of the area need 
not in any case be more than six feet ; 

(b) unless every wall of the room is constructed with 

a proper damp course, and, if in contact with the 
soil, is effectually secured against dampness from 
that soil ; 

(c) unless there is outside of and adjoining the room 

and extending along the entire frontage thereof 
and upwards from six inches below the level of 



THE PUBLIC HEALTH (LONDON) ACT, 1891. 317 

the floor thereof an open area properly paved at Sec. 96. 
least four feet wide in every part thereof : pro- 
vided that in the area there may be placed steps 
necessary for access to the room, and over and 
across such area there may be steps necessary for 
access to any building above the underground 
room, if the steps in each case be so placed as 
not to be over or across any external window ; 

(d) unless the said area and the soil immediately below 

the room are effectually drained ; 

(e) unless, if the room has a hollow floor, the space 

beneath it is sufficiently ventilated to the outer 
air; 

(/) unless any drain passing under the room is properly 
constructed of a gas-tight pipe ; 

(g) unless the room is effectually secured against the 
rising of any effluvia or exhalation ; 

(h) unless there is appurtenant to the room the use of 
a water-closet and a proper and sufficient ash-pit ; 

(i) unless the room is effectually ventilated ; 

(/) unless the room has a fire-place with a proper 
chimney or flue ; 

(k) unless the room has one or more windows opening 
directly into the external air with a total area 
clear of the sash frames equal to at least one-tenth 
of the floor area of the room, and so constructed 
that one-half at least of each window of the room 
can be opened, and the opening in each case 
extends to the top of the window. 

(2) If any person lets or occupies, or continues to let, or 
knowingly suffers to be occupied, any underground room 
contrary to this enactment, he shall be liable to a fine not 
exceeding twenty shillings for every day during which the 
room continues to be so let or occupied. 

(3) The foregoing provisions shall at the expiration of six 
months after the commencement of this Act extend to 
underground rooms let or occupied separately as dwellings 
before the passing of this Act, except that the sanitary 
authority, either by general regulations providing for classes 
of underground rooms, or on the application of the owner 
of such room in any particular, case, may dispense with or 
modify any of the said requisites which involve the structural 



318 THE PUBLIC HEALTH (LONDON) ACT, 1891. 

Sec. 96. alteration of the building, if they are of opinion that they 
can properly do so having due regard to the fitness of the 
room for human habitation, to the house accommodation in 
the district, and to the sanitary condition of the inhabitants 
and to other circumstances ; but any requisite which was 
required before the passing of this Act shall not be so 
dispensed with or modified. 

(4) The dispensations and modifications may be allowed 
either absolutely or for a limited time, and may be revoked 
and varied by the sanitary authority, and shall be recorded 
together with the reasons in the minutes of the sanitary 
authority. 

(5) If the owner of any room feels aggrieved by a dis- 
pensation or modification not being allowed as regards that 
room, he may appeal to the Local Government Board, and 
that Board may refuse the dispensation or modification, 
or allow it wholly or partly, as if they were the sanitary 
authority. Such allowance may be revoked or varied by 
the Board, but not by the sanitary authority. 

(6) Where two or more underground rooms are occupied 
together, and are not occupied in conjunction with any 
other room or rooms on any other floor of the same house, 
each of them shall be deemed to be separately occupied as 
a dwelling within the meaning of this section. 

(7) Every underground room in which a person passes the 
night shall be deemed to be occupied as a dwelling within 
the meaning of this section ; and evidence giving rise to a 
probable presumption that some person passes the night in 
an underground room shall be evidence, until the contrary 
is proved, that such has been the case. 

(8) Where it is shown that any person uses an under- 
ground room as a sleeping-place, it shall, in any proceeding 
under this section, lie on the defendant to show that the 
room is not separately occupied as a dwelling. 

(9) For the purpose of this section the expression " under- 
ground room ' ' includes any room of a house the surface of 
the floor of which room is more than three feet below the 
surface of the footway of the adjoining street, or of the 
ground adjoining or nearest to the room. 

97 (1) Any officer of a sanitary authority appointed 
or determined by that authority for the purpose shall, 



THE PUBLIC HEALTH (LONDON) ACT, 1891. 319 

without any fee or reward, report to the sanitary authority, Sec. 97. 
at such times and in such manner as the sanitary authority Enforce- 
may order, all cases in which underground rooms are occu- ^J na 
pied contrary to this Act in the district of such authority, as to under- 

(2) Any such officer or any other person having reasonable gnS? 
grounds for believingthat any underground room is occupied 

in contravention of this Act may enter and inspect the same 
at any hour by day ; and if admission is refused to any 
other person other than an officer of the sanitary authority 
the like warrant may be granted by a justice under this 
Act as in case of refusal to admit any such officer. 

(3) A warrant of a justice authorising an entry into an 
underground room may authorise the entry between any 
hours specified in the warrant. 

98 Where two convictions for an offence relating to Provisions 
the occupation of an underground room as a dwelling have tw5*?nvic- 
taken place within a period of three months (whether the tions *p* 

r . -i , , , \ x unlawfully 

person convicted were or were not the same), a petty ses- occupying 
sional court may direct the closing of the underground"^^ 
room for such period as the court may deem necessary, or room, 
may empower the sanitary authority of the district perma- 
nently to close the same in such manner as they think fit, 
at their own cost. 



320 



PUBLIC HEALTH (LONDON) ACT, 
1891, RELATING TO WORKSHOPS, 
BAKEHOUSES, ETC. 

SECTION *AGK 

2. What nuisances may be abated summarily - - 321, 322 

25. Limewhiting and washing of workshops - - - 322 

26. Enactments respecting bakehouses - - - 322, 323 

27. Notice to factory inspector respecting child or woman 

in workshop 323 

38. Sanitary conveniences for manufactories - - - 323 

BAKEHOUSES. 

97. Sanitary regulations for bakehouses - - 323, 324 

98. Penalty for bakehouse being unfit on sanitary grounds 324 

99. Limewashing, painting, and washing of bakehouses 324, 325 

100. Provision as to sleeping-places near bakehouses - - 325 

101. Prohibition of underground bakehouse - - 326, 327 

102. Enforcement of law as to retail bakehouses by sanitary 

authorities 326 

BUILDINGS. 
105. Application of certain provisions to buildings - 326, 327 



321 



PUBLIC HEALTH (LONDON) ACT, 1891. 

54 & 55 VICT., c. 76 

2 (1) For the purposes of this Act 

(a) Any premises in such a state as to be a nuisance what 

or dangerous or injurious to health : 

(b) Any pool, ditch, gutter, watercourse, cistern, abated 

water-closet, earth-closet, privy, urinal, cesspool, 
drain, dung-pit, or ash-pit so foul or in such a state 
as to be a nuisance or injurious or dangerous to 
health ; 

((/) Any factory, workshop, or workplace which is not 
a factory subject to the provisions of the Factory 
and Workshop Act, 1878, relating to cleanliness, 
ventilation, and overcrowding, and 

(i) is not kept in a cleanly state, and free 
from effluvia arising from any drain, privy, 
earth- closet, water-closet, urinal, or other nuis- 
ance, or 

(ii) is not ventilated in such a manner as to 
render harmless as far as practicable any gases, 
vapours, dust, or other impurities generated in 
the course of the work carried on therein that 
are a nuisance or injurious or dangerous to 
health, or 

(iii) is so overcrowded while work is carried 
on as to be injurious or dangerous to the health 
of those employed therein, shall be nuisances 
liable to be dealt with summarily under this 
Act. 
(2) Provided that 

(ii) In considering whether any dwelling-house or 
part of a dwelling-house which is used also as a 
factory, workshop, or workplace, or whether any 
21 



322 PUBLIC HEALTH (LONDON) ACT, 1891. 

Seo. 2 factory, workshop, or workplace used also as a 

dwelling-house, is a nuisance by reason of over- 
crowding, the court shall have regard to the cir- 
cumstances of such other user. 

Limewash- 25 (1) Where, on the certificate of a medical officer of 
SSfsEufg of health or sanitary inspector, it appears to any sanitary 
workshops, authority that the limewashing, cleansing, or purifying of 
any workshop (other than a bakehouse), or of any part 
thereof, is necessary for the health of the persons employed 
therein, the sanitary authority shall serve notice in writing 
on the owner or occupier of the workshop to limewash, 
cleanse, or purify the workshop or part as the case re- 
quires, within the time specified in the notice ; and if the 
person on whom the notice is so served fails to comply 
therewith, he shall be liable to a fine not exceeding five 
pounds and to a further fine not exceeding ten shillings 
for every day during which he continues to make default 
after conviction ; and the sanitary authority may, if they 
think fit, cause the workshop or part to be limewashed, 
cleansed, or purified, and may recover in a summary 
manner the expenses incurred by them in so doing from 
the person on whom the notice was served. 

(2) This section shall apply to any factory which is not* 
subject to the provisions of the Factory and Workshop 
Act, 1878, and the Acts amending the same, and to any 
workplace, in like manner as it applies to a workshop. 

Enact- 26 (1) Sections thirty-four, thirty-five, and eighty-one 

respecting of the Factory and Workshop Act, 1878, and sections 
houses fifteen and sixteen of the Factory and Workshop Act 
Amendment Act, 1883 (which relate to cleanliness, ventila- 
tion, and other sanitary conditions), shall, as respects every 
bakehouse which is a workshop, be enforced by the sanitary 
authority of the district in which the bakehouse is situate, 
and they shall be the local authority within the meaning 
of those sections. 

(2) For the purposes of this section the provisions of 
this Act with respect to the admission of the sanitary 
authority and their officers into any premises for any 
purpose in relation to nuisances shall apply in like manner 
as if they were herein re-enacted and in terms made applic- 



PUBLIC HEALTH (LONDON) ACT, 1891. 323 

able to this section ; and every person refusing or failing Sec. 26. 
to allow the sanitary authority or their officer to enter any 
premises in pursuance of those provisions for the purposes 
of this section shall be subject to a fine. 

27 If any child, young person, or woman is employed Notice to 
in a workshop, and the medical officer of the sanitary intpSor 
authority becomes aware thereof, he shall forthwith give JJJ{J^ ng 
written notice thereof to the factory inspector for the woman in 
district. 

38 (1) Every factory, workshop, and workplace, Sanitary 
whether erected before or after the passing of this Act, encesfoi 
shall be provided with sufficient and suitable accommoda- manu^ 

-, , . factories. 

tion in the way of sanitary conveniences, regard being 
had to the number of persons employed in or in attend- 
ance at such building, and also where persons of both sexes 
are, or are intended to be employed, or in attendance, with 
proper separate accommodation for persons of each sex. 

(2) Where it appears to a sanitary authority that this 
section is not complied with in the case of any factory, 
workshop, or workplace, the sanitary authority shall, by 
notice served on the owner or occupier of such factory, 
workshop, or workplace, require him to make the alterations 
and additions necessary to secure such compliance, and if 
the person served with such notices fails to comply there- 
with he shall be liable to a fine not exceeding twenty 
pounds, and to a fine not exceeding forty shillings, for 
every day after conviction during which the non-compliance 
continues. 

Bakehouses. 

97 (1) It shall not be lawful to let or suffer to be sanitary 
occupied or to occupy any room or place as a bakehouse, 
unless the following regulations are complied with : 

(a) A water-closet, earth-closet, privy, or ash-pit must 

not be within or communicate directly with the 
bakehouse ; 

(b) Every cistern for supplying water to the bakehouse 

must be separate and distinct from any cistern 
for supplying water to a water-closet ; 



324 PUBLIC HEALTH (LONDON) ACT, 1891. 

Sec. 97. (c) A drain or pipe for carrying off faecal or sewage 
matter must have not an opening within the bake- 
house. 

(2) If any person lets or suffers to be occupied or 
occupies any room or place as a bakehouse in contraven- 
tion of this section he shall be liable to a fine not exceeding 
forty shillings, and to a further fine not exceeding five 
shillings for every day during which any room or place is 
so occupied after a conviction under this section. 

Penalty for 98 (1) Where a court of summary jurisdiction is satis- 
beirf^unflt ne< ^ on ^ ne prosecution of an inspector or a district council 
on sanitary that any room or place used as a bakehouse is in such a 
1 8> state as to be on sanitary grounds unfit for use or occupa- 
tion as a bakehouse, the occupier of the bakehouse shall be 
liable to a fine not exceeding for the first offence, forty 
shillings, and for any subsequent offence five pounds. 

(2) The court of summary jurisdiction, in addition to or 
instead of inflicting a fine, may order means to be adopted 
by the occupier, within the time named in the order, for the 
purpose of removing the ground of complaint. The court 
may, on application, enlarge the time so named, but if after 
the expiration of the time as originally named or enlarged 
by subsequent order the order is not complied with, the 
occupier shall be liable to a fine not exceeding one pound 
for every day that the non-compliance continues. 

Limewash- 99 (1) All the inside walls of the rooms of a bakehouse, 

ing' and nt an ^ a ^ tn ceiling or tops of those rooms (whether those 

washing of walls, ceilings, or tops are plastered or not), and all the 

houses. passages and staircases of a bakehouse, must either be 

painted with oil or varnished or be limewashed, or be partly 

painted or varnished and partly limewashed ; and 

(a) where the bakehouse is painted with oil or varnished, 

there must be three coats of paint or varnish, 
and the paint or varnish must be renewed once 
at least in every seven years, and must be washed 
with hot water and soap once at least in every 
six months ; and 

(b) where the bakehouse is limewashed, the limewashing 

must be renewed once at least in every six 
months. 



PUBLIC HEALTH (LONDON) ACT, 1891. 325 

(2) A bakehouse in which there is a contravention of Sec. 99. 
this section shall be deemed not to be kept in conformity 
with this Act. 

100 (1) A place on the same level with a bakehouse, Provision 
and forming part of the same building, may not be used as gfeeping- 
a sleeping-place, unless it is constructed as follows ; that p^ c e eB near 
is to say : houses. 

(a) is effectually separated from the bakehouse by a par- 

tition extending from the floor to the ceiling ; and 

(b) has an external glazed window of at least nine 

superficial feet in area, of which at the least four 
and a half superficial feet are made to open for 
ventilation. 

(2) If any person lets or occupies or continues to let or 
knowingly suffers to be occupied any place contrary to this 
section he shall be liable to a fine not exceeding, for the 
first offence, twenty shillings, and for any subsequent 
offence five pounds. 

101 (1) An underground bakehouse shall not be used as prohibition 
a bakehouse unless it was so used at the passing of this Act. jJoSfa r " 

(2) Subject to the foregoing provision, after the first bake- 
day of January one thousand nine hundred and four an hou 
underground bakehouse shall not be used unless certified 

by the district council to be suitable for that purpose. 

(3) For the purpose of this section an underground 
bakehouse shall mean a bakehouse, any baking room of 
which is so situate that the surface of the floor is more 
than three feet below the surface of the footway of the 
adjoining street, or of the ground adjoining or nearest to 
the room. The expression " baking room " means any 
room used for baking, or for any process incidental thereto. 

(4) An underground bakehouse shall not be certified as 
suitable unless the district council is satisfied that it is 
suitable as regards construction, light, ventilation, and in 
all other respects. 

(5) This section shall have effect as if it were included 
among the provisions relating to bakehouses which are re- 
ferred to in section twenty-six of the Public Health (Lon- 54455 
don) Act, 1891. vict.,c.76 

(6) If any place is used in contravention of this section, 



326 PUBLIC HEALTH (LONDON) ACT, 1891. 

Sec. 101. it shall be deemed to be a workshop not kept in conformity 
with this Act. 

(7) In the event of the refusal of a certificate by the 
district council, the occupier of the bakehouse may, within 
twenty-one days from the refusal, by complaint apply to a 
court of summary jurisdiction, and if it appears to the 
satisfaction of the court that the bakehouse is suitable for 
use as regards construction, light, ventilation, and in all 
other respects, the court shall thereupon grant a certificate 
of suitability of the bakehouse, which shall have effect as if 
granted by the district council. 

(8) Where any place has been let as a bakehouse, and 
the certificate required by this section cannot be obtained 
unless structural alterations are made, and the occupier 
alleges that the whole or part of the expenses of the altera- 
tions ought to be borne by the owner, he may by complaint 
apply to a court of summary jurisdiction, and that court 
may make such order concerning the expenses or their 
apportionment as appears to the court to be just and equit- 
able, under the circumstances of the case, regard being 
had to the terms of any contract between the parties, or in 
the alternative the court may, at the request of the occupier, 
determine the lease. 

Enforce- 102 As respects every retail bakehouse, the provisions 

n agto of this Part of this Act shall be enforced by the district 

retai^bake- council of the district in which the retail bakehouse is 

sanitary y situate, and not by an inspector ; and for the purposes of 

Sties " tnis sec tion the medical officer of health of the district 

council shall have and may exercise all the powers of 

entry, inspection, taking legal proceedings and otherwise 

of an inspector. 

In this section the expression " retail bakehouse " means 
any bakehouse or place, not being a factory, the bread, 
biscuits, or confectionery baked in which are sold, not 
wholesale, but by retail, in some shop or place occupied 
with the bakehouse. 

Buildings. 

Appiica- 105 (1) The provisions of this Act with respect to 
certain (i) Power to make orders as to dangerous machines 

tobSS?* (section seventeen) ; 

ings. 



PUBLIC HEALTH (LONDON) ACT, 1891. 32? 

(ii) Accidents; Sec. 105. 

(iii) Eegulations for dangerous trades ; 
(iv) Powers of inspectors (section one hundred and 

nineteen) ; and 
(v) Fines in case of death or injury (section one 

hundred and thirty-six) ; 

shall have effect as if any premises on which machinery 
worked by steam, water, or other mechanical power is 
temporarily used for the purpose of the construction of a 
building or any structural work in connection with a build- 
ing were included in the word " factory," and the purpose 
for which the machinery is used were a manufacturing 
process, and as if the person who, by himself, his agents, 
or workmen, temporarily uses any such machinery for the 
before-mentioned purpose were the occupier of the said 
premises ; and for the purpose of the enforcement of those 
provisions the person so using any such machinery shall 
be deemed to be the occupier of a factory. 

(2) The provisions of this Act with respect to notice of 
accidents, and the formal investigation of accidents, shall 
have effect as if 

(a) any building which exceeds thirty feet in height, 
and which is being constructed or repaired by means 
of a scaffolding, and 

(b) any building which exceeds thirty feet in height, 
and in which more than twenty persons, not being 
domestic servants, are employed for wages, 

were included in the word " factory, " and as if, in the 
first case, the employer of the persons engaged in the con- 
struction or repair and, in the second case, the occupier of 
the building, were the occupier of a factory. 



FACTORY AND WORKSHOP ACT, 1901. 

1 EDW. 7, c. 22. 

PART I. HEALTH AND SAFETY. 
(i) Health. 

SECTION PAGE 

1. Sanitary condition of factory 329, 330 

2. Sanitary condition of workshops and workplaces - 330, 331 

3. Overcrowding of factory or workshop .... 331 

4. Power of Secretary of State to act in default of local 

Authority - 331, 332 

5. Powers of inspector as to sanitary defects in factory or 

workshop remediable by sanitary authority - 332, 333 

6. Temperature in factories and workshops - - - 333 

7. Ventilation - - - 333,334 

8. Drainage of floors 334 

9. Sanitary conveniences in factories and workshops - 334 

(ii) Safety. 

10. Fencing of machinery 334, 335 

11. Steam boilers 335,336 

12. Regulations as to self-acting machines - - - 336 

13. Restrictions on cleaning when machinery is in motion 337 

14. Provisions of means of escape in case of fire - - 337-340 

15. By-laws for means of escape from fire .... 340 

16. Doors of factory or workshop to open from inside - 340 

74. Provisions as to ventilation by fan in certain factories 

and workshops - 340, 341 

75. Lavatories and meals in certain dangerous trades - 341 
Sanitary Accommodation, order of 4th February, 

1903 341-343 



329 



FACTORY AND WORKSHOP ACT, 1901. 

1 EDW. 7, c. 22. 

PART I. HEALTH AND SAFETY. 

(i) Health. 

1 (1) The following provisions shall apply to every sanitary 
factory as defined by this Act, except a domestic factory : o??actory 

(a) It must be kept in a cleanly state ; 

(b) It must be kept free from effluvia arising from any 
drain, water-closet, earth-closet, privy, urinal, or other 
nuisance ; 

(c) It must not be so overcrowded while work is carried 
on therein as to be dangerous or injurious to the 
health of the persons employed therein ; 

(d) It must be ventilated in such a manner as to render 
harmless, so far as is practicable, all the gases, vapours, 
dust, or other impurities generated in the course of the 
manufacturing process or handicraft carried on therein, 
that may be injurious to health. 

(2) The provisions of section ninety-one of the Public 38 & 39 
Health Act, 1875, with respect to a factory, workshop, or Vict>1 c - 55 ' 
workplace not kept in a cleanly state, or not ventilated, 

or overcrowded, shall not apply to any factory to which 
this section applies. 

(3) For the purpose of securing the observance of the 
requirements in this section as to cleanliness in factories, 
all the inside walls of the rooms of a factory, and all the 
ceilings or tops of those rooms (whether those walls, 
ceilings, or tops are plastered or not), and all the passages 
and staircases of a factory, if they have not been painted 
with oil or varnish once at least within seven years, shall 
(subject to any special exceptions made in pursuance of 



330 FACTOBY AND WORKSHOP ACT, 1901. 

Sec. 1. this section) be limewashed once at least within every 
fourteen months, to date from the time when they were 
last limewashed; and if they have been so painted or- 
varnished shall be washed with hot water and soap once at 
least within every fourteen months, to date from the time 
when they were last washed. 

(4) Where it appears to the Secretary of State that in 
any class of factories, or parts thereof, the provisions 
of this section with respect to limewashing or washing 
are not required for the purpose of securing therein the 
observance of the requirements of this Act as to cleanliness, 
or are by reason of special circumstances inapplicable, he 
may, if he thinks fit, by Special Order grant to that class 
of factories, or parts thereof, a special exception that the 
said provisions shall not apply thereto. 

(5) A factory in which there is a contravention of this 
section shall be deemed not to be kept in conformity with 
this Act. 

Sanitary 2 (1) The provisions of section ninety-one of the Public 
of w d ork n Health Act, 1875, with respect to a factory, workshop, or 
shops and workplace, not kept in a cleanly state, or not ventilated, 
places. or overcrowded, shall apply to every factory, workshop, and 
viatic 55 WOI> kplace, except any factory to which the last preceding 
' section applies. 

(2) Every workshop and every workplace within the 
meaning of the Public Health Act, 1875, must be kept 
free from effluvia arising from any drain, water-closet, 
earth-closet, privy, urinal, or other nuisance, and unless so 
kept shall be deemed to be a nuisance liable to be dealt 
with summarily under the law relating to public health. 

(3) Where on the certificate of a medical officer of 
health or inspector of nuisances it appears to any district 
council that the limewashing, cleansing, or purifying, of 
any such workshop, or of any part thereof, is necessary for 
the health of the persons employed therein, the council 
shall give notice in writing to the owner or occupier of the 
workshop, to limewash, cleanse, or purify the same, or 
part thereof, as the case may require. 

(4) If the person to whom notice is so given fails to 
comply therewith within the time therein specified, he 
shall be liable to a fine not exceeding ten shillings for 



FACTORY AND WORKSHOP ACT, 1901. 331 

every day during which he continues to make default, and Sec. 2. 
the council may, if they think fit, cause the workshop or 
part to be limewashed, cleansed, or purified, and may 
recover in a summary manner the expenses incurred by 
them in so doing from the person in default. 

(5) This section shall not apply to any workshop or 54 & 55 
workplace to which the Public Health (London) Act, 1891, Vict " c> 76 ' 
applies. 

3 (1) A factory shall for the purposes of this Act, and Over- 
a workshop shall for the purposes of the law relating to oMaatory 
public health, be deemed to be so overcrowded as to be J work- 
dangerous or injurious to the health of the persons em- 8 
ployed therein, if the number of cubic feet of space in any 
room therein bears to the number of persons employed at 
one time in the room a proportion less than two hundred 
and fifty, or, during any period of overtime, four hundred, 
cubic feet of space to every person. 

(2) Provided that the Secretary of State may, by Special 
Order, modify this proportion for any period during which 
artificial light other than electric light is employed for 
illuminating purposes, and may by like order, as regards 
any particular manufacturing process or handicraft, sub- 
stitute for the said figures of two hundred and fifty and 
four hundred respectively any higher figures, and there- 
upon this section shall have effect as modified by the 
order. 

(3) Where a workshop or workplace, not being a 
domestic workshop, is occupied by day as a workshop and 
by night as a sleeping apartment, the Secretary of State 
may by Special Order modify the proportion of cubic feet 
of space prescribed by this section, and substitute therefor 
any higher figures, and thereupon this section shall have 
effect as modified by the order. 

(4) There shall be affixed in every factory and workshop 
a notice specifying the number of persons who may be 
employed in each room of the factory or workshop by 
virtue of this section. 

4 (1) If the Secretary of State is satisfied that the power of 
provisions of this Act, or of the law relating to public 
health in so far as it affects factories, workshops, and act in 



332 



FACTORY AND WORKSHOP ACT, 1901. 



Sec. 4. workplaces, have not been carried out by any district 

default of council, he may, by order, authorise an inspector to take, 

authority, during such period as may be mentioned in the order, such 

steps as appear necessary or proper for enforcing those 

provisions. 

(2) An inspector authorised in pursuance of this section 
shall, for the purpose of his duties thereunder, have the 
same powers with respects to workshops and workplaces 
as he has with respect to factories, and he may, for that 
purpose, take the like proceedings for enforcing the pro- 
visions of this Act or of the law relating to public health, 
or for punishing or remedying any default as might be 
taken by the district council ; and he shall be entitled to 
recover from the district council all such expenses in and 
about any proceedings as he may incur, and as are not 
recovered from any other person. 



Powers of 
inspector 
as to 
sanitary 
defects in 
factory or 
workshop 
remediable 
by sanitary 
authority. 



5 (1) Where it appears to an inspector that any act, 
neglect, or default, in relation to any drain, water-closet, 
earth-closet, privy, ash-pit, water supply, nuisance, or other 
matter in a factory or workshop, is punishable or remedi- 
able under the law relating to public health, but not under 
this Act, that inspector shall give notice in writing of the 
act, neglect, or default to the district council in whose 
district the factory or workshop is situate, and it shall 
bs the duty of the district council to make such inquiry 
into the subject of the notice, and take such action thereon, 
as seems to that council proper for the purpose of enforc- 
ing the law, and to inform the inspector of the proceedings 
taken in consequence of the notice. 

(2) An inspector may, for the purposes of this section, 
take with him into a factory or a workshop a medical 
officer of health, inspector of nuisances, or other officer of 
the district council. 

(3) Where notice of an act, neglect, or default is given 
by an inspector under this section to a district council, and 
proceedings are not taken within one month for punishing 
or remedying the act, neglect, or default, the inspector may 
take the like proceedings for punishing or remedying the 
same as the district council might have taken, and shall 
be entitled to recover from the district council all such 
expenses in and about the proceedings as the inspector 



FACTORY AND WORKSHOP ACT, 1901. 333 

incurs and as are not recovered from any other person, Sec. 5. 
and have not been incurred in any unsuccessful pro- 
ceedings. 

6 (1) In every factory and workshop adequate measures Tempera- 
must be taken for securing and maintaining a reasonable factories 
temperature in each room in which any person is em- and work- 
ployed, but the measures so taken must not interfere with 8 
the purity of the air of any room in which any person is 
employed. 

(2) The Secretary of State may, by Special Order, direct 
with respect to any class of factories or workshops that 
thermometers be provided, maintained, and kept in work- 
ing order, in such place and position as may be specified 
in the order. 

(3) A factory or workshop in which there is any con- 
travention of this section, or of any order under this 
section, shall be deemed not to be kept in conformity with 
this Act. 

7 (1) In every room in any factory or workshop ventiia- 
sufficient means of ventilation shall be provided, and tion - 
sufficient ventilation shall be maintained. 

(2) The Secretary of State may, by Special Order, pre- 
scribe a standard of sufficient ventilation for any class of 
factories or workshops, and that standard shall be observed 
in all factories and workshops of that class, and an order 
made under this power may supersede any provision of 
this Act or order of the Secretary of State with respect to 
ventilation in cotton cloth factories. 

(3) A factory in which there is a contravention of the 
provisions of this section shall be deemed not to be kept 
in conformity with this Act, and a workshop in which 
there is a contravention of the provisions of this section 
shall be deemed to be a nuisance liable to be dealt with 
summarily under the law relating to public health. 

(4) If the occupier of a factory or workshop (including 
a cotton cloth factory in which humidity of the atmosphere 
is artificially produced) alleges that the whole or part of 
the expenses of providing the means of ventilation required 
by this Act ought to be borne by the owner, he may by 
complaint apply to a court of summary jurisdiction, and 



334 



FACTORY AND WORKSHOP ACT, 1901. 



Sec. 7 that court may make such order concerning the expenses 
or their apportionment as appears to the court to be just 
and equitable under the circumstances of the case, regard 
being had to the terms of any contract between the parties. 

Drainageof 8 (1) In every factory or workshop or part thereof in 

floors. w hich any process is carried on which renders the floor 

liable to be wet to such an extent that the wet is capable 

of being removed by drainage, adequate means shall be 

provided for draining off the wet. 

(2) A factory in which there is a contravention of the 
provisions of this section shall be deemed not to be kept 
in conformity with this Act, and a workshop in which 
there is a contravention of the provisions of this section 
shall be deemed to be a nuisance liable to be dealt with 
summarily under the law relating to public health. 



9 (1) Every factory and workshop must be provided 
with sufficient and suitable accommodation in the way of 



Sanitary 
conveni- 
ences in 

factories sanitary conveniences, regard being had to the number of 

shops. persons employed in or in attendance at the factory or 

workshop, and also where persons of both sexes are or are 

intended to be employed or in attendance, with proper 

separate accommodation for persons of each sex. 

(2) The Secretary of State shall, by Special Order, de- 
termine what is sufficient and suitable accommodation 
within the meaning of this section. 

(3) A factory or workshop in which there is a contra- 
vention of this section shall be deemed not to be kept in 
conformity with this Act. 

(4) This section does not apply to the administrative 
county of London, or to any place where section twenty- 

53 & 54 two of the Public Health Acts Amendment Act, 1890, is 
vict., c. 59. in force< 



(ii) Safety. 

Fencing of 10 (1) With respect to the fencing of machinery in a 
machinery. f ac t orv the following provisions shall have effect : 

(a) Every hoist or teagle, and every fly-wheel directly 
connected with the steam or water or other mechanical 
power, whether in the engine-house or not, and every 



FACTORY AND WORKSHOP ACT, 1901. 335 

part of any water wheel or engine worked* by any such Sec. 10. 
power, must be securely fenced ; and 
(6) Every wheel -race not otherwise secured must be 
securely fenced close to the edge of the wheel -race ; 
and 

(c) All dangerous parts of the machinery, and every 
part of the mill gearing, must either be securely 
fenced, or be in such position or of such construction 
as to be equally safe to every person employed or 
working in the factory as it would be if it were 
securely fenced ; and 

(d) All fencing must be constantly maintained in an 
efficient state while the parts required to be fenced are 
in motion or use, except where they are under repair, 
or under examination in connection with repair 
or are necessarily exposed for the purpose of cleaning 
or lubricating or for altering the gearing or ar- 
rangements of the parts of the machine. 

(2) A factory in which there is a contravention of this 
section shall be deemed not to be kept in conformity with 
this Act. 

11 (1) Every steam boiler used for generating steam steam 
in a factory or workshop, or in any place to which any of boilerB - 
the provisions of this Act apply, must, whether separate 
or one of a range 

(a) have attached to it a proper safety valve and a 
proper steam gauge and water gauge to show the 
pressure of steam and the height of water in the 
boiler ; and 

(b) be examined thoroughly by a competent person at 
least once in every fourteen months. 

(2) Every such boiler, safety valve, steam gauge, and 
water gauge must be maintained in proper condition. 

(3) A report of the result of every such examination in 
the prescribed form, containing the prescribed particulars, 
shall within fourteen days be entered into or attached to 
the general register of the factory or workshop, and the 
report shall be signed by the person making the examina- 
tion, and, if that person is an inspector of a boiler-inspect- 
ing company or association, by the chief engineer of the 
company or association. 



336 FACTORY AND WORKSFTOP ACT, 1901. 

Sec. 11. (4) A factory or workshop in which there is a contraven- 
tion of this section shall be deemed not to be kept in con- 
formity with this Act. 

(5) This section shall not apply to the boiler of any 
locomotive which belongs to and is used by any railway 
company, or to any boiler belonging to or exclusively used 
in the service of His Majesty. 

(6) For the purposes of this section, the whole of a tene- 
ment factory or workshop shall be deemed to be one factory 
or workshop, and the owner shall be substituted for the 
occupier, and he shall register the report referred to in 
this section. 

Reguia- 12 (1) In a factory erected on or after the first day of 

8e?-actin J anu ^ rv one thousand eight hundred and ninety-six, the 
machines, traversing carriage of any self-acting machine must not be 
allowed to run out within a distance of eighteen inches 
from any fixed structure not being part of the machine, if 
the space over which it runs out is a space over which any 
person is liable to pass, whether in the course of his 
employment or otherwise. Provided that nothing in this 
subsection shall prevent any portion of the traversing 
carriage of any self-acting cotton spinning or woollen spin- 
ning machine being allowed to run out within a distance 
of twelve inches from any part of the head stock of another 
self-acting cotton spinning or woollen spinning machine. 

(2) A person employed in a factory must not be allowed 
to be in the space between the fixed and the traversing 
parts of a self-acting machine unless the machine is stopped 
with the traversing part on the outward run, but for the 
purpose of this provision the space in front of a self-acting 
machine shall not be included in the space aforesaid. 

(3) A woman, young person, or child must not be 
allowed to work between the fixed and traversing part of 
any self-acting machine while the machine is in motion by 
the action of steam, water, or other mechanical power. 

(4) A factory in which a traversing carriage is allowed 
to run out in contravention of this section shall be deemed 
not to be kept in conformity with this Act, and any person 
allowed to be in the space aforesaid or to work in contra- 
vention of this section shall be deemed to be employed 
contrary to the provisions of this Act, 



FACTORY AND WORKSHOP ACT, 1901. 337 

13 (1) A child must not be allowed to clean in 
factory- 

(a) any part of any machinery ; or when 

(b) any place under any machinery other than overhead Sin 
mill-gearing, motion. 

while the machinery is in motion by the aid of steam, 
water, or other mechanical power. 

(2) A young person must not be allowed to clean any 
dangerous part of the machinery in a factory while the 
machinery is in motion by the aid of steam, water, or other 
mechanical power ; and for this purpose such parts of the 
machinery shall, unless the contrary is proved, be pre- 
sumed to be dangerous as are so notified by an inspector 
to the occupier of the factory. 

(3) A woman or young person must not be allowed to 
clean such part of the machinery in a factory as is mill- 
gearing while the machinery is in motion for the purpose 
of propelling any part of the manufacturing machinery. 

(4) A woman, young person, or child allowed to clean 
in contravention of this section, shall be deemed to be 
employed contrary to the provisions of this Act. 

[See Section 26 of the L.B.A. (Amendment) Act, 1905, page 201.] 

Section vii. 1, 2, 3, 4 of the Factory and Workshop Act, 
1891, 54 & 55 Viet., c. 75, and Section x. 3 of the Factory 
and Workshop Act, 1895, 58 & 59 Viet., c. 37, have been 
repealed, and are replaced by Sections 14, 15, 16 of the 
Factory and Workshop Act, 1901, which are as follows : 

14 (1) Every factory of which the construction was Provision 
not commenced on or before 1st January, 1892, and in escape1n f 
which more than forty persons are employed, and every case of fire, 
workshop of which the construction was not commenced 
before 1st January, 1896, and in which more than forty 
persons are employed, must be furnished with a certificate 
from the districts council of the district in which the factory 
or workshop is situate that the factory or workshop is pro- 
vided with such means of escape in case of fire for the 
persons employed therein as can reasonably be required 
under the circumstances of each case, and if the factory or 
workshop is not so furnished it shall be deemed not to be 

22 



338 FACTORY AND WORKSHOP ACT, 1901. 

14. kept in conformity with this Act ; and it shall be the duty 
of the council to examine every such factory and workshop, 
and, on being satisfied that the factory or workshop is so 
provided, to give such a certificate as aforesaid. The 
certificate must specify in detail the means of escape so 
provided. 

(2) With respect to all factories and workshops to which 
the foregoing provisions of this section do not apply, and 
in which more than forty persons are employed, it shall be 
the duty of the district council of every district from time 
to time to ascertain whether all such factories and work- 
shops within their district are provided with such means of 
escape as aforesaid, and, in the case of any factory or work- 
shop which is not so provided, to serve on the owner of the 
factory or workshop a notice in writing specifying the 
measures necessary for providing such means of escape as 
aforesaid, and requiring him to carry them out before a 
specified date, and thereupon the owner shall, notwith- 
standing any agreement with the occupier, have power to 
take such steps as are necessary for complying with the 
requirements, and unless the requirements are complied 
with the owner shall be liable to a fine not exceeding 1 
for every day that the non-compliance continues. 

The floors of a factory were let to different tenants. A notice 
from the L.C.C. was served requiring means of escape in case of 
fire, and if the plaintiff had complied with it, he would have com- 
mitted a trespass in the premises in the occupation of others. Held 
that the building does not come within the definition of a " tenement 
factory " in Section 149. Brass v. L.C.C. (K.B.D.), Architects' Law 
Reports, Vol. 1, Dec. 1904. See also L.C.C. v. Lewis (1900), 69 
L.J. (Q.B.) 277. 

The adjacent houses were let by the same owner to the same 
tenants for the purposes set out in Section 149, Sub-section (1) (c) of 
the Act, but connected by an emergency exit from the window of 
one house to the roof of the other a bridge connected them over 
which the traffic passed. In one of the houses more than forty 
persons were employed. The umpire appointed found that the two 
houses together were a " factory " within the meaning of this section. 
Held that the finding of the umpire was correct. L.O.C. v. Tubbs, 
Architects' Law Reports (K.B.D.), Vol. 1, Dec. 1904. 

Where a building was let for two separate factories, and no 
mechanical power from one source, it is not a tenement factory. 
A notice was served on the owner requiring him to do necessary 
works to protect both factories. It was held that the owner had 
no right to enter and execute the works. Toller v. Spiers & Pond 
(1903), 87 L.T. 578. 



FACTORY AND WORKSHOP ACT, 1901. 339 

(3) In case of a difference of opinion between the owner Sec. 
of the factory or workshop and the council under the last 
foregoing sub-section, the difference shall, on the applica- 
tion of either party, to be made within one month after the 
time when the difference arises, be referred to arbitration, 
and thereupon the provisions of the First Schedule of this 
Act shall have effect, and the award on the arbitration 
shall be binding on the parties thereto, and the notice of 
the council shall be discharged, amended, or confirmed in 
accordance with the award. 

(4) If the owner alleges that the occupier of the factory 
or workshop ought to bear or contribute to the expenses of 
complying with the requirement, he may apply to the 
county court having jurisdiction where the factory or work- 
shop is situate, and thereupon the county court, after hear- 
ing the occupier, may make such orders as appears to the 
court just and equitable under all the circumstances of the 
case. 

Where a factory owner had executed works for escape in case of 
fire, and the tenant had covenanted to " pay and discharge all rates, 
taxes, . . . whether Parliamentary, parochial, local, or any 
other description," it was held that County Court Judge had juris- 
diction to apportion expense between owner and tenant. Monk v. 
Arnold (1902), 1 K.B. 761. 

A tenant of a factory had covenanted during the term of his lease 
to pay " all the existing and future taxes, sewer rates, and taxes, 
assessments, and outgoings of every description for the time being," 
in respect of the demised premises. The owner was required by the 
L.C.C. to carry out certain works, and he executed the works and 
sought to recover the cost from his tenant. Mr. Justice Darling 
(91 L.T. 564) decided that the tenant having covenanted to pay all 
outgoings, and having been required by the L.C.C. to make certain 
alterations under the Factory and Workshop Act, 1901, the owner 
could not sue the tenant in the High Court, but must apply in the 
County Court under Section 7, Sub-section (2) of that statute. From 
this decision the owner appealed, but the decision was upheld in 
the C.A. Homer v. Franklin (1905), 69 J.P. 117. 

(5) For the purpose of enforcing the foregoing provisions 
of this section, an inspector may give the like notice and 
take the like proceedings as under the foregoing provisions 
of this Act with respect to matters punishable or remediable 
under the law relating to public health but not under this 
Act, and those provisions shall apply accordingly. 

(6) The means of escape in case of fire provided in any 
factory or workshop shall be maintained in good condition 



340 



FACTORY AND WORKSHOP ACT, 1901. 



Seo. 14. and free from obstruction, and if it is not so maintained 
the factory or workshop shall be deemed not to be kept in 
conformity with this Act. 

(7) For the purposes of this section the whole of a tene- 
ment factory or workshop shall be deemed to be one factory 
or workshop, and the owner shall be substituted for the 
occupier. 

(8) All expenses incurred by a district council in the 
execution of this section shall be defrayed (a) In the 
case of an urban district council, as part of their expenses 
of the general execution of the Public Health Act, 1875 ; 
and (b) In the case of a rural district council, as special 
expenses incurred in the execution of the Public Health 
Act, 1875 ; and those expenses shall be charged to the 
contributory place in which the factory or workshop is 
situate. 

By-laws 15 Every district council shall, in addition to any 

of r esca an8 P owers which they possess with reference to the prevention 

from fire, of fire, have power to make by-laws providing for means of 

escape from fire in the case of any factory or workshop, and 

Sections 182 to 186 of the Public Health Act, 1875, shall 

apply to any by-laws so made. 



Doors of 



to open 

from 

inside. 



16 (1) While any person employed in a factory or 
workshop is within the factory or workshop for the purpose 
of employment or meals, the doors of the factory or work- 
shop, and of any room therein in which any such person is, 
must not be locked or bolted or fastened in such a manner 
that they cannot be easily and immediately opened from 
the inside. 

(2) In every factory or workshop the construction of 
which was not commenced before 1st January, 1896, the 
doors of each room in which more persons than ten are 
employed, shall, except in the case of sliding doors, be 
constructed so as to open outwards. 

(3) A factory or workshop in which there is a contra- 
vention of this section shall be deemed not to be kept in 
conformity with this Act. 

74 If in a factory or workshop where grinding, glazing, 
or polishing on a wheel, or any process is carried on by 






FACTORY AND WORKSHOP ACT, 1901. 341 

which dust, or any gas, vapour, or other impurity is Sec. 74. 
generated and inhaled by the workers to any injurious Provision 
extent, it appears to an inspector that such inhalation ventilation 
could be to a great extent prevented by the use of a fan cj r tafn in 
or other mechanical means, the inspector may direct that a factories 
fan or other mechanical means of a proper construction for 8hopl rk 
preventing such inhalation be provided within a reason- 
able time ; and if the same is not provided, maintained, 
and used, the factory or workshop shall be deemed not to 
be kept in conformity with this Act. 

75 (1) In every factory or workshop where lead, Lavatories 
arsenic, or any other poisonous substance is used, suitable f^certain 8 
washing conveniences must be provided for the use of the dangerous 
persons employed in any department where such sub- 
stances are used. 

(2) In any factory or workshop where lead, arsenic, or 
other poisonous substance is so used as to give rise to 
dust or fumes, a person shall not be allowed to take a 
meal, or to remain during the times allowed to him for 
meals, in any room in which any such substance is used, 
and suitable provision shall be made for enabling the 
persons employed in such rooms to take their meals else- 
where in the factory or workshop. 

(3) A factory or workshop in which there is a contra- 
vention of this section shall be deemed not to be kept in 
conformity with this Act. 

SANITARY ACCOMMODATION. 

The Sanitary Accommodation Order of kth February, 1903. 

Sanitary accommodation shall be deemed to be sufficient 
and suitable within the meaning of section 9 of the Act 
if the following conditions are complied with and not 
otherwise : 

1. In factories or workshops where females are employed 
or in attendance there shall be one sanitary convenience 
for every 25 females. 

In factories or workshops where males are employed or 
in attendance there shall be one sanitary convenience for 
every 25 males : provided that 



342 FACTORY AND WORKSHOP ACT, 1901. 

Sec. 75. (0) in factories or workshops where the number of males 
employed or in attendance exceeds 100, and 
sufficient urinal accommodation is also provided, 
it shall be sufficient if there is one sanitary con- 
venience for every 25 males up to the first 100, 
and one for every 40 after ; 

(b) in factories or workshops where the number of males 
employed or in attendance exceeds 500, and the 
District Inspector of Factories certifies in writing 
that by means of a check system, or otherwise, 
proper supervision and control in regard to the 
use of the conveniences are exercised by officers 
specially appointed for that purpose it shall be 
sufficient if one sanitary convenience is provided 
for every 60 males, in addition to sufficient urinal 
accommodation. Any certificate given by an 
Inspector shall be kept attached to the general 
register, and shall be liable at any time to be 
revoked by notice in writing from the Inspector. 
In calculating the number of conveniences required by 
this order, any odd number of persons less than 25, 40, or 
60, as the case may be, shall be reckoned as 25, 40, or 60. 

2. Every sanitary convenience shall be kept in a cleanly 
state, shall be sufficiently ventilated and lighted, and shall 
not communicate with any workroom except through the 
open air or through an intervening ventilated space : pro- 
vided that in workrooms in use prior to 1st January, 1903, 
and mechanically ventilated in such manner that air cannot 
be drawn into the workroom through the sanitary con- 
venience, an intervening ventilated space shall not be re- 
quired. 

3. Every sanitary convenience shall be under cover and 
so partitioned off as to secure privacy, and if for the use of 
females shall '-have a proper door and fastenings. 

4. The sanitary conveniences in a factory or workshop 
shall be so arranged and maintained as to be conveniently 
accessible to all i persons employed therein at all times 
during their employment. 

5. Where persons of both sexes are employed, the con- 
veniences for each sex shall be so placed or so screened 
that the interior shall not be visible, even when the door 
of any convenience is open, from any place where persons 



FACTORY AND WORKSHOP ACT, 1901. 343 

of the other sex have to work or pass ; and if the con- Sec. 75- 
veniences for one sex adjoin those for the other sex, the 
approaches shall be separate. 

6. This Order came into force on the 1st day of July, 
1903. 

7. This Order may be referred to as the Sanitary Accom- 
modation Order of 4th February, 1903. 



344 



FACTOEY AND WORKSHOP ACT, 1907. 

7 EDW. 7, c. 39. 
ARRANGEMENT OF SECTIONS. 

LAUNDBIBS. 
SECTION PAGE 

1. Application of 1 Edw. 7, c. 22, to laundries - - - 345 

2. Hours of employment of women and young persons in 

laundries - - 345, 346 

3. Special regulations to be complied with in laundries - 347 

4. Application of provisions as to domestic workshops - 347 

INSTITUTIONS. 

5. Application of Factory and Workshop Acts to certain 

institutions 347-349 

SUPPLEMENTAL. 

6. Inspection of certain premises .... 349, 350 

7. Short title, construction, commencement, and repeal - 350 



345 



FACTORY AND WORKSHOP ACT, 1907. 

7 EDW. 7, c. 39. 

An Act to amend the Factory and Workshop Act, 1901, 
with respect to Laundries, and to extend that Act to 
certain Institutions and to provide for the inspection of 
certain premises. 

[28th August 1907.] 

BE it enacted by the King's most Excellent Majesty, by 
and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : 

Laundries. 

1 The Factory and Workshop Act, 1901 (which Act, 
as amended by any subsequent enactment, including this ^on of i 
Act, is hereinafter referred to as the principal Act), shall, 22, to 
subject to the provisions of this Act, apply to laundries as laundries - 
if at the end of Part II. of the Sixth Schedule to that Act, 
enumerating non-textile factories and workshops, the 
following paragraph were added : 

" (29) Laundries carried on by way of trade or for the 
purpose of gain, or carried on as ancillary to 
another business or incidentally to the purposes of 
any public institution." 

2 (1) In laundries, other than laundries ancillary to a Hours of 
business carried on in any premises which, apart from thej^jj} ^" 
provisions of this Act, are a factory or workshop, women and 

(a) The period of employment of women, may on any p^ls in 
three days in the week, other than Saturday, laundries, 
begin at six o'clock in the morning and end at 
seven o'clock in the evening, or begin at seven 



346 FACTORY AND WORKSHOP ACT, 1907. 

Sec. 2- o'clock in the morning and end at eight o'clock 

in the evening, or begin at eight o'clock in the 

morning and end at nine o'clock in the evening : 

Provided that a corresponding reduction is 

made in the periods of employment on other 

days of the week, so that the total number of 

hours of the periods of employment of women, 

including the intervals allowed for meals, shall 

not exceed sixty-eight in any one week ; 

(6) Where the occupier of a laundry so elects, the 

following provisions shall apply to the laundry 

in lieu of the provisions of the last preceding 

paragraph : 

The period of employment of women may, 
on not more than four days, other than Satur- 
day, in any one week, and on not more than sixty 
days in any calendar year, begin at six o'clock 
in the morning and end at seven o'clock in the 
evening, or begin at seven o'clock in the morn- 
ing and end at eight o'clock in the evening, or 
begin at eight o'clock in the morning and end 
at nine o'clock in the evening ; 

(c) Different periods of employment may be fixed for 
different days of the week. 

(2) The foregoing provisions of this section shall be 
deemed to be special exceptions within the meaning of 
section sixty of the principal Act, but it shall not be lawful 
for the occupier of a laundry to change from the system 
of employment under the above paragraph (a) to the 
system of employment under the above paragraph (6), or 
vice versa, oftener than once a year. The entry required 
to be made in the prescribed register by sub-section four of 
the said section sixty as so applied shall, in the case of 
overtime employment under paragraph (b), be made before 
the commencement of the overtime employment on each 
day on which it is intended that there should be such 
employment, and, in reckoning the sixty days for the 
purposes of paragraph (6), every day on which any 
woman had been employed overtime shall be taken into 
account. 

(3) Subject as aforesaid, the provisions of the principal 
Act as to hours of employment shall apply to laundries. 



FACTORY AND WORKSHOP ACT, 1907. 347 

3 In every laundry Special 

(a) If mechanical power is used, a fan or other efficient 

means shall be provided, maintained, and used complied 
for regulating the temperature in every ironing laundries, 
room, and for carrying away the steam in every 
washhouse ; 

(b) ^All stoves for heating irons must be sufficiently 
* separated from any ironing room or ironing table, 

and gas irons emitting any noxious fumes must 
not be used ; and 

(c) The floors must be kept in good condition and 

drained in such manner as will allow the water 
to flow off freely. 

A laundry in which there is a contravention of any of 
these provisions shall be deemed to be a factory or work- 
shop not kept in conformity with the principal Act. 

4 Sub-section (2) of section one hundred and fourteen Appiica- 
of the principal Act (which provides that certain domestic JrovSLns 
workshops are not to be deemed workshops within the as to 
meaning of that Act) shall apply to laundries as if for the workshops, 
words " the altering, repairing, ornamenting, or finishing 
of any article " there were substituted the words " the 
altering, repairing, ornamenting, washing, cleaning, or 
finishing of any article." 

Institutions. 

5 (1) Where in any premises forming part of an Appiica- 
institution carried on for charitable or reformatory^ pur- JlJ^JlJy 
poses, and not being premises subject to inspection by or and Work- 
under the authority of any Government Department, any certain 
manual labour is exercised in or incidentally to the making, 
altering, repairing, ornamenting, finishing, washing, clean- 
ing, or adapting for sale, of articles not intended for the 
use of the institution, the provisions of the principal Act 
shall, subject to the provisions of this Act, apply to those 
premises notwithstanding that the work carried on therein 
is not carried on by way of trade or for the purposes of 
gain, or that the persons working therein are not working 
under a contract of service or apprenticeship. 

(2) If in any institution to which this section applies 



348 FACTORY AND WORKSHOP ACT, 1907. 

Sec. 5. the persons having the control of the institution (herein- 
after referred to as the managers) satisfy the Secretary of 
State that the only persons working therein are persons 
who are inmates of and supported by the institution, or 
persons engaged in the supervision of the work or the 
management of machinery, and that such work as aforesaid 
is carried on in good faith for the purposes of the support, 
education, training, or reformation of persons engaged in 
it, the Secretary of State may by order direct that so long 
as the order is in force the principal Act shall apply to 
the institution subject to the following modifications : 
(a) The managers may submit for the approval of the 
Secretary of State a scheme for the regulation of 
the hours of employment, intervals for meals, and 
holidays of the workers, and of the education of 
children, and, if the Secretary of State is satisfied 
that the provisions of the scheme are not less 
favourable than the corresponding provisions of 
the principal Act, the Secretary of State may ap- 
prove the scheme, and upon the scheme being so 
approved the principal Act shall, until the ap- 
proval is revoked, apply as if the provisions of the 
scheme were substituted for the corresponding 
provisions of the principal Act ; any scheme when 
so approved shall be laid as soon as possible 
before both Houses of Parliament, and if either 
House, within the next forty days after such 
scheme has been laid before that House, resolve 
that the scheme ought to be annulled, the scheme 
shall, after the date of the resolution, be of no 
effect without prejudice to the validity of any- 
thing done in the meantime thereunder, or to the 
making of any new scheme ; 

(6) The medical officer of the institution (if any) may, 
on the application of the managers, be appointed 
by the chief inspector of factories to be the 
certifying surgeon for the institution ; 
(c) The provisions of section one hundred and twenty- 
eight of the principal Act as to the affixing of an 
abstract of the principal Act and of notices shall 
not apply, but amongst the particulars required 
to be shown in the general register there shall be 



FACTORY AND WORKSHOP ACT, 1907. 349 

included the prescribed particulars of the scheme, Sec. 5. 
or where no scheme is in force the prescribed 
particulars as to hours of employment, intervals 
for meals, and holidays, and education of children, 
and other matters dealt with in the principal Act ; 

(d) In the case of premises forming part of an institu- 
tion carried on for reformatory purposes, if the 
managers of the institution so give notice to the 
chief inspector of factories, an inspector shall 
not, without the consent of the managers or of 
the person having charge of the institution under 
the managers, examine an inmate of the institu- 
tion save in the presence of one of the managers 
or of such person as aforesaid : 

Provided that the Secretary of State, on 
being satisfied that there is reason to believe 
that a contravention of the principal Act is 
taking place in any such institution, may 
suspend the operation of this provision as 
respects that institution to such extent as he 
may consider necessary ; 

(e) The managers shall not later than the fifteenth day 

of January in each year send to the Secretary of 
State a correct return in the prescribed form, 
specifying the names of the managers and the 
name of the person (if any) having charge of the 
institution under the managers, and such par- 
ticulars as to the number, age, sex, and employ- 
ment of the inmates and other persons employed 
in the work carried on in the institution as the 
Secretary of State may require, and shall, if any 
requirement of this paragraph is not complied 
with, be liable to a fine not exceeding five pounds. 

Supplemental. 

6 Where in any premises which are subject to inspec- inspection 
tion by or under the authority of any Government depart- 
ment any manual labour is exercised, otherwise than for 
the purposes of instruction, in or incidental to the making, 
altering, repairing, ornamenting, finishing, washing, clean- 
ing, or adapting for sale, of any article, and the premises 



350 FACTORY AND WORKSHOP ACT, 1907. 

Sec. 6- do not constitute a factory or workshop by reason that 
the work carried on therein is not carried on by way of 
trade or for the purposes of gain, or by reason that the 
persons employed in the work are not working under a 
contract of service or apprenticeship, the Secretary of 
State may arrange with the department that the premises 
shall, as respects the matters dealt with by the principal 
Act, be inspected by an inspector appointed under that 
Act, and where such an arrangement is made, inspectors 
appointed under the principal Act shall have, as respects 
such matters as aforesaid, the like right of entry and 
inspection as is conferred on inspectors of the department 
concerned. 

short title, 7 (1) This Act may be cited as the Factory and Work- 

tfon^aSd shop Act, 1907, and shall be construed as one with the 

repeal. Factory and Workshop Act, 1901, and the Factory and 

Workshop Act, 1901, and this Act may be cited together 

as the Factory and Workshop Acts, 1901 and 1907. 

(2) This Act shall come into operation on the first day 
of January one thousand nine hundred and eight. 

(3) Section one hundred and three of the Factory and 
Workshop Act, 1901, is hereby repealed. 



351 



SECTION G. 
CINEMATOGRAPH ACT, 1909. 

9 EDW. 7, c. 30. 

Regulations dated 18th February, 1910, made by the 
Secretary of State under the Cinematograph Act, 1909. 

AERANGEMENT OF SECTIONS. 

SECTION ' PAGE 

1. Provision against cinematograph exhibition except in 

licensed premises 352 

2. Provisions as to licences 352, 353 

3. Penalties 353 

4. Power of entry 353, 354 

5. Power of county councils to delegate - - - - 354 

6. Application to county boroughs - - 354 

7. Application of Act to special premises - - - 354-355 

8. Application to Scotland 355 

9. Application to Ireland 355, 356 

10. Short title and commencement 356 



352 



CINEMATOGRAPH ACT, 1909. 

9 EDW. 7, c. 30. 

An Act to make better provision for securing safety at 
Cinematograph and other Exhibitions. 

[25th November 1909.] 

BE it enacted by the King's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : 
1 -An exhibition of pictures or other optical effects by 
means of a cinematograph, or other similar apparatus, for 
the purposes of which inflammable films are used, shall 
excepUn 11 no ^ ^ e ^ ven unless the regulations made by the Secretary 
licensed of State for securing safety are complied with, or, save as 
premises. 0^^^ expressly provided by this Act, elsewhere than 
in premises licensed for the purpose in accordance with the 
provisions of this Act. 

Provisions 2 (1) A county council may grant licences to such 
as to persons as they think fit to use the premises specified in 

licences. --, -,. < ,1 / -j r r" j 

the licence for the purposes aforesaid on such terms and 
conditions and under such restrictions as, subject to regu- 
lations of the Secretary of State, the council may by the 
respective licences determine. 

(2) A licence shall be in force for one year or for such 
shorter period as the council on the grant of the licence 
may determine, unless the licence has been previously re- 
voked as hereinafter provided. 

(3) A county council may transfer any licence granted 
by them to such other person as they think fit. 

(4) An .applicant for a licence or transfer of a licence 



CINEMATOGRAPH ACT, 1909. 353 

shall give not less than seven days' notice in writing to Sec. 2. 
the county council and to the chief officer of police of the 
police area in which the premises are situated of his inten- 
tion to apply for a licence or transfer ; 

Provided that it shall not be necessary to give any 
notice where the application is for the renewal of an exist- 
ing licence held by the applicant for the same premises. 

(5) There shall be paid in respect of the grant, renewal, 
or transfer of a licence such fees as the county council 
may fix, not exceeding in the case of a grant or renewal 
for one year one pound, or in the case of a grant or renewal 
for any less period five shillings for every month for which 
it is granted or renewed, so however that the aggregate of 
the fees payable in any year shall not exceed one pound, 
or, in the case of transfer, five shillings. 

(6) For the purposes of this Act, the expressions " police 
area " and " chief officer of police," as respects the city of 
London, mean the city and the Commissioner of City 
Police, and elsewhere have the same meanings as in the 53 & 54 
Police Act, 1890. Vict - c - & 

3 If the owner of a cinematograph or other apparatus Penalties, 
uses the apparatus, or allows it to be used, or if the oc- 
cupier of any premises allows those premises to be used, 
in contravention of the provisions of this Act or the regu- 
lations made thereunder, or of the conditions or restrictions 
upon or subject to which any licence relating to the 
premises has been granted under this Act, he shall be 
liable, on summary conviction, to a fine not exceeding 
twenty pounds, and in the case of a continuing offence to 
a further penalty of five pounds for each day during which 
the offence continues, and the licence (if any) shall be 
liable to be revoked by the county council. 

4 A constable or any officer appointed for the purpose Power of 
by a county council may at all reasonable times enter any entry> 
premises, whether licensed or not, in which he has reason 
to believe that such an exhibition as aforesaid is being or 
is about to be given, with a view to seeing whether the pro- 
visions of this Act, or any regulations made thereunder, 
and the conditions of any licence granted under this Act, 
have been complied with, and, if any person prevents or 

23 



354 



CINEMATOGRAPH ACT, 1909. 



Sec. 4. obstructs the entry of a constable or any officer appointed 
as aforesaid, he shall be liable, on summary conviction, to 
a penalty not exceeding twenty pounds. 

Power of 5 Without prejudice to any other powers of delegation, 

councils to wne ther to committees of the council or to district councils, 

delegate, a county council may, with or without any restrictions or 

conditions as they may think fit, delegate to justices sitting 

in petty sessions any of the powers conferred on the council 

by this Act. 

Appiica- 6 The provisions of this Act shall apply in the case of 

county a county borough as if the borough council were a county 

boroughs, council and the expenses of the borough council shall be 

defrayed out of the borough fund or borough rate. 



Appiica- 



premises, 



7 (1) Where the premises are premises licensed by the 
Lord Chamberlain the powers of the county council under 
this Act shall, as respects those premises, be exercisable by 
the Lord Chamberlain instead of by the county council. 

(2) Where the premises in which it is proposed to give 
such an exhibition as aforesaid are premises used occasion- 
ally and exceptionally only, and not more than six days in 
any one calendar year, for the purposes of such an exhibi- 
tion, it shall not be necessary to obtain a licence for those 
premises under this Act if the occupier thereof has given 
to the county council and to the chief officer of police of the 
police area, not less than seven days before the exhibition, 
notice in writing of his intention so to use the premises, 
and complies with the regulations made by the Secretary 
of State under this Act, and, subject to such regulations, 
with any conditions imposed by the county council, and 
notified to the occupier in writing. 

(3) Where it is proposed to give any such exhibition as 
aforesaid in any building or structure of a moveable char- 
acter, it shall not be necessary to obtain a licence under 
this Act from the council of the county in which the 
exhibition is to be given if the owner of the building or 
structure 

(a) has been granted a licence in respect of that build- 
ing or structure by the council of the county in 
which he ordinarily resides, or by any authority 



CINEMATOGRAPH ACT, 1909. 355 

to whom that council may have delegated the powers Sec. 7. 
conferred on them by this Act ; and 

(b) has given to the council of the county and to the 

chief officer of police of the police area in which it 
is proposed to give the exhibition, not less than two 
days before the exhibition, notice in writing of his 
intention to give the exhibition ; and 

(c) complies with the regulations made by the Secretary 

of State under this Act, and, subject to such regu- 
lations, with any conditions imposed by the county 
council, and notified in writing to the owner. 
(4) This Act shall not apply to an exhibition given in 
a private dwelling-house to which the public are not ad- 
mitted, whether on payment or otherwise. 

8 This Act shall extend to Scotland subject to theAppiica- 
following modifications : Scotland. 

(1) For references to the Secretary of State there shall 

be substituted references to the Secretary for 
Scotland : 

(2) For the reference to the Police Act, 1890, there 

shall be substituted a reference to the Police (Scot- 53*54 
land) Act, 1890 : vict - c - 6T - 

(3) The expression " county borough " means a royal, 

parliamentary, or police burgh ; and the expression 
" borough council " means the magistrates of the 
burgh ; and the expression " borough fund or 
borough rate " means any rate within the burgh 
leviable by the town council equally on owners and 
occupiers : 

(4) The provision relating to the delegation of powers 

shall not apply. 

9 This Act shall extend to Ireland subject to the follow- Appiica- 
ing modifications :- e?and. 

(1) For references to the Secretary of State there shall 

be substituted references to the Lord Lieutenant : 

(2) The provision of this Act relating to the delegation 

of powers shall not apply : 

(3) Any of the powers conferred on the county council 

by this Act may be exercised by any officer of the 



356 CINEMATOGRAPH ACT, 1909. 

Sec. 9. council authorised in writing by the council in that 

behalf for such period and subject to such restric- 
tions as the council think fit : 

(4) In any urban district other than a county borough, 

and in any town, the provisions of this Act shall 
apply as if the council of the district and the com- 
missioners of the town, as the case may be, were a 
county council : 

(5) The expenses incurred in the execution of this Act 

shall 

(a) in the case of the council of any county 
other than a county borough, be defrayed out of 
the poor rate and raised over so much of the 
county as is not included in any urban district 
or town ; 

(b) in the case of the council of any county 
borough or other urban district, be defrayed out 
of any rate or fund applicable to the purposes of 
the Public Health (Ireland) Acts, 1878 to 1907, 
as if incurred for those purposes ; 

(c) in the case of the commissioners of any 
town, be defrayed out of the rate leviable under 

IT & is section sixty of the Towns Improvement (Ireland) 

ict.c.ioi Act) 1854: Provided that the limits i mpose a 

upon that rate by that section may be exceeded 
for the purpose of raising the expenses incurred 
under this Act by not more than one penny in 
the pound : 

(6) The expression " town " means any town as defined 
61&62 by the Local Government (Ireland) Act, 1898, not 
Viet., c. 37. being an urban district : 

(7) The expressions " police area " and " chief officer of 

police" mean, as respects the police district of 
Dublin Metropolis, that district and the chief com- 
missioner of the police for that district, and else- 
where a police district and the county inspector of 
the Eoyal Irish Constabulary. 

short title 10 This Act may be cited as the Cinematograph Act, 
mence- m ~ ^909, and shall come into operation on the first day of 
ment. January nineteen hundred and ten, 



CINEMATOGRAPH ACT, 1909. 357 

KEGULATIONS, DATED 18TH FEBBUABY, 1910, MADE BY THE 
SECBETABY OF STATE UNDEB THE CINEMATOGRAPH 
ACT, 1909 (9 EDW. 7, c. 30). 

In pursuance of the power vested in me by the Cine- 
matograph Act, 1909 (9 Edw. 7, c. 30), I hereby make the 
following regulations : 

GENEBAL. 

1. In these regulations the word "building" shall be 
deemed to include any booth, tent, or similar structure. 

2. No building shall be used for cinematograph or other 
similar exhibitions to which the Act applies, unless it be 
provided with an adequate number of clearly indicated 
exits so placed and maintained as readily to afford the 
audience ample means of safe egress. 

The seating in the building shall be so arranged as not 
to interfere with free access to the exits ; and the gang- 
ways and the staircases, and the passages leading to the 
exits shall, during the presence of the public in the build- 
ing, be kept clear of obstructions. 

3. The cinematograph operator and all persons respon- 
sible for or employed in or in connection with the exhibition 
shall take all due precautions for the prevention of accidents, 
and shall abstain from any act whatever which tends to 
cause fire and is not reasonably necessary for the purpose 
of the exhibition. 

FIBE APPLIANCES. 

4. Fire appliances adequate for the protection of the 
building shall be provided, and shall include at least the 
following, namely, a damp blanket, two buckets of water, 
and a bucket of dry sand. In a building used habitually 
for the purpose of cinematograph or other similar exhibi- 
tions they shall also include a sufficient number of hand 
grenades or other portable fire extinguishers. 

The fire appliances shall be so disposed that there shall 
be sufficient means of dealing with fire readily available 
for use within the enclosure. Before the commencement 
of each performance the cinematograph operator shall 
satisfy himself that the fire appliances intended for use 



358 CINEMATOGRAPH ACT, 1909. 

within the enclosure are in working order, and during th6 
performance such appliances shall be in the charge of some 
person specially nominated for that purpose who shall see 
that they are kept constantly available for use. 

ENCLOSURES. 

Regulations applying in all cases and to all classes of 
buildings. 

5. (1) (a) The cinematograph apparatus shall be placed 
in an enclosure of substantial construction made of or lined 
internally with fire-resisting material and of sufficient 
dimensions to allow the operator to work freely. 

(b) The entrance to the enclosure shall be suitably 
placed and shall be fitted with a self-closing close-fitting 
door constructed of fire-resisting material. 

(c) The openings through which the necessary pipes and 
cables pass into the enclosure shall be efficiently bushed. 

(d) The openings in the front face of the enclosure shall 
not be larger than is necessary for effective projection, and 
shall not exceed two for each lantern. Each such opening 
shall be fitted with a screen of fire-resisting material, which 
can be released both inside and outside the enclosure so 
that it automatically closes with a close-fitting joint. 

(e) The door of the enclosure and all openings, bushes, 
and joints shall be so constructed and maintained as to 
prevent, so far as possible, the escape of any smoke into 
the auditorium. If means of ventilation are provided, they 
shall not be allowed to communicate direct with the 
auditorium. 

(/) If the enclosure is inside the auditorium, either a 
suitable barrier shall be placed round the enclosure at a 
distance of not less than two feet from it, or other effectual 
means shall be taken to prevent the public from coming 
into contact with the enclosure. 

(g) No unauthorised person shall go into the enclosure 
or be allowed to be within the barrier. 

(h) No smoking shall at any time be permitted within 
the barrier or enclosure. 

(i) No inflammable article shall unnecessarily be taken 
into or allowed to remain in the enclosure. 



CINEMATOGRAPH ACT, 1909. 359 

Regulations applying only to specified classes of buildings. 

(2) In the case of buildings used habitually for cinemato- 
graph or other similar exhibitions, the enclosure shall be 
placed outside the auditorium ; and in the case of per- 
manent buildings used habitually as aforesaid the enclosure 
shall also be permanent. 

Provided, with regard to the foregoing requirements, 
that, if the licensing authority is of opinion that compli- 
ance with either or both of them is impracticable or in the 
circumstances unnecessary for securing safety and shall 
have stated such opinion by express words in the licence, 
the requirement or requirements so specified shall not 
apply. 

LANTERNS, PROJECTORS, AND FILMS. 

6. Lanterns shall be placed on firm supports constructed 
of fire-resisting material, and shall be provided with a 
metal shutter which can be readily inserted between the 
source of light and the film-gate. 

The film-gate shall be of massive construction and shall 
be provided with ample heat-radiating surface. The pas- 
sage for the film shall be sufficiently narrow to prevent 
flame travelling upwards or downwards from the light - 
opening. 

7. Cinematograph projectors shall be fitted with two 
metal film-boxes of substantial construction, and not more 
than fourteen inches in diameter, inside measurement, 
and to and from these the films shall be made to travel. 
The film-boxes shall be made to close in such a manner, 
and shall be fitted with a film-slot so constructed, as to 
prevent the passage of flame to the interior of the box. 

"8. Spools shall be chain or gear-driven and films shall 
be wound upon spools so that the wound film shall not at 
any time reach or project beyond the edges of the flanges 
of the spool. 

9. During the exhibition all films when not in use shall 
be kept in closed metal boxes. 

LIGHTING. 

10. Where the general lighting of the auditorium and 
exits can be controlled from within the enclosure, there 



360 CINEMATOGRAPH ACT, 1909. 

shall also be separate and independent means of control 
outside and away from the enclosure. 

11. No illuminant other than electric light or limelight 
shall be used within the lantern. 

Electric Light. 

12. (a) Within the enclosure the insulating material 
of all electric cables, including " leads " to lamps, shall 
be covered with fire-resisting material. 

(b) There shall be no unnecessary slack electric cable 
within the enclosure. The "leads" to the cinematograph 
lamp shall, unless conveyed within a metal pipe or other 
suitable casing, be kept well apart both within and with- 
out the enclosure and shall run so that the course of each 
may be readily traced. 

(c) Cables for cinematograph lamps shall be taken as 
separate circuits from the source of supply, and from the 
supply side of the main fuses in the general lighting 
circuit, and there shall be efficient switches and fuses 
inserted at the point where the supply is taken, and in 
addition, an efficient double-pole switch shall be fitted in 
the cinematograph lamp circuit inside the enclosure. 
When the cinematograph lamp is working, the pressure of 
the current across the terminals of the double-pole switch 
inside the enclosure shall not exceed 110 volts. 

(d) Eesistances shall be made entirely of fire-resisting 
material, and shall be so constructed and maintained that 
no coil or other part shall at any time become unduly 
heated. 1 All resistances, with the exception of a resist- 
ance for regulating purposes, shall be placed outside the 
enclosure and, if reasonably practicable, outside the 
auditorium. If inside the auditorium, they shall be 
adequately protected by a wire guard or other efficient 
means of preventing accidental contact. 

The operator shall satisfy himself before the commence- 
ment of each performance that all cables, leads, connections, 
and resistances are in proper working order. The resist- 
ances, if not under constant observation, shall be inspected 



1 E.g., they should not become so heated that a piece of newspaper 
placed in contact with any part of the resistance would readily 
ignite. 



CINEMATOGRAPH ACT, 1909. 361 

at least once during each performance. If any fault is 
detected, current shall be immediately switched off, and 
shall remain switched off until the fault has been remedied. 



Limelight. 

13. (a) If limelight be used in the lantern the gas 
cylinders shall be tested and filled in conformity with the 
requirements set out in the Appendix hereto. The tubing 
shall be of sufficient strength to resist pressure from with- 
out and shall be properly connected up. 

(b) No gas shall be stored or used save in containers 
constructed in accordance with the requirements contained 
in the Appendix. 

LICENCES. 

14. Every licence granted under the Act shall contain 
specific conditions for the carrying out of regulations 2 
and 5 (1) (a), (6), (c), (d), (e), (f) in the building for which 
the licence is granted, and may, in accordance with regula- 
tion 5 (2), contain an expression of opinion on the matters 
referred to in the proviso thereto. 

15. Subject to the provisions of No. 16 of these regula- 
tions, every licence granted under the Act shall contain a 
clause providing for its lapse, or, alternatively, for its 
revocation by the licensing authority, if any alteration is 
made in the building or the enclosure without the sanction 
of the said authority. 

16. Where a licence has been granted under the Act in 
respect of a moveable building, a plan and description of 
the building, certified with the approval of the licensing 
authority, shall be attached to the licence. Such a licence 
may provide that any of the conditions or restrictions 
contained therein may be modified either by the licensing 
authority or by the licensing authority of the district where 
an exhibition is about to be given. The licence and plan 
and description or any of them shall be produced on demand 
to any police constable or to any person authorised by the 
licensing authority or by the authority in whose district 
the building is being or is about to be used for the purpose 
of an exhibition. 



362 CtNEMATOG&AM ACT, 1900. 

17. The regulations dated 20th December, 1909, made 
under the Cinematograph Act, 1909, are hereby repealed, 
provided, nevertheless, that any licence granted prior to 
such repeal shall remain valid for the period for which it 
was granted without the imposition of any more stringent 
condition than may have been imposed at the time of the 
grant. 

Given under my hand at Whitehall this eighteenth 
day of February, 1910. 

H. J. Gladstone, 
One of His Majesty's Principal 
Secretaries of State. 



APPENDIX. 

LIMELIGHT. 

The gas cylinders shall be tested and filled in conformity 
with the requirements set out below, which follow the 
recommendations of the Departmental Committee of the 
Home Office on the Manufacture of Compressed Gas Cy- 
linders [C. 7952 of 1896] : 

Cylinders of Compressed Gas (Oxygen, Hydrogen, or Coal 

Gas). 

(a) Lap-welded wrought-iron Greatest working pres- 
sure, 120 atmospheres, or 1800 Ibs. per square inch. 

Stress due to working pressure not to exceed 6-J tons 
per square inch. 

Proof pressure in hydraulic test, after annealing, 224 
atmospheres, or 3360 Ibs. per square inch. 

Permanent stretch in hydraulic test not to exceed 10 
per cent, of the elastic stretch. 

One cylinder in 50 to be subjected to a statical bending 
test, and to stand crushing nearly flat between two 
rounded knife-edges without cracking. 

(b) Lap-welded or seamless steel. Greatest working 
pressure, 120 atmospheres, or 1800 Ibs. per square inch. 

Stress due to working pressure not to exceed 7J tons 



CINEMATOGRAPH ACT, 1909. 363 

per square inch in lap- welded, or 8 tons per square inch in 
seamless cylinders. 

Carbon in steel not to exceed 0'25 per cent, or iron to 
be less than 99 per cent. 

Tenacity of steel not to be less than 26 or more than 33 
tons per square inch. Ultimate elongation not less than 
1*2 inches in 8 inches. Test-bar to be cut from finished 
annealed cylinder. 

Proof pressure in hydraulic test after annealing, 224 
atmospheres, or 3360 Ibs. per square inch. 

Permanent stretch shown by water-jacket not to exceed 
10 per cent, of elastic stretch. 

One cylinder in 50 to be subjected to a statical bending 
test, and to stand crushing nearly flat between rounded 
knife-edges without cracking. 

Regulations applicable to all Cylinders. 

Cylinders to be marked with a rotation number, a manu- 
facturer's or owner's mark, an annealing mark with date, 
a test mark with date. The marks to be permanent and 
easily visible. 

Testing to be repeated at least every two years, and 
annealing at least every four years. 

A record to be kept of all tests. 

Cylinders which fail in testing to be destroyed or 
rendered useless. 

Hydrogen and coal gas cylinders to have left-handed 
threads for attaching connections and to be painted red. 

The compressing apparatus to have two pressure gauges, 
and an automatic arrangement for preventing overcharg- 
ing. The compressing apparatus for oxygen to be wholly 
distinct and unconnected with the compressing apparatus 
for hydrogen 'and coal gas. 

Cylinders not to be refilled till they have been emptied. 

If cylinders are sent out unpacked the valve fittings 
should be protected by a steel cap. 

A minimum weight to be fixed for each size of a cylinder 
in accordance with its required thickness. Cylinders of 
less weight to be rejected. 



364 



SECTION H. 

HOUSING, TOWN PLANNING, &c., ACT, 
1909. 

9 EDW. 7, c. 44. 

ARRANGEMENT OF SECTIONS. 
PART I. HOUSING OF THE WORKING CLASSES. 

Facilities for Acquisition of Lands and other Purposes of the 
Housing Acts. 

SECTION PAGE 

1. Part III. of the principal Act to take effect without 

adoption 368 

2. Provisions as to acquisition of land under Part III. of the 

principal Act 368, 369 

3. Loans by Public Works Loan Commissioners to local 

authorities - - 369 

4. Loans by Public Works Loan Commissioners to public 

utility societies 369, 370 

5. Payment of purchase or compensation money (which 

would otherwise be paid into court) on direction of 

Local Government Board 370 

6. Provision of public streets in connection with exercise of 

powers under Part III. of the principal Act - - 370 

7. Expenditure of money for housing purposes in case of 

settled land 370, 371 

8- Donations for housing purposes - 371 

9. Provisions with respect to money applicable under trusts 

for housing purposes 371 

Powers of Enforcing Execution of Housing Acts. 

10. Power of Local Government Board on complaint to 

enforce exercise of powers - 371, 373 

11. Power of Local Government Board to order schemes, 

&c., to be carried out within a limited time - - 373 

12. Powers of county council to act in default of rural 

district council under Part III. of the principal Act - 373 

13. Power of county council to exercise powers of rural 

district council under Part III. of the principal Act - 374 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 365 
Contracts by Landlord. 

SECTION PAGE 

14. Extension of section 75 of the principal Act - - 374, 375 

15. Condition as to keeping houses let to persons of the 

working classes in repair 375, 376 

16. Extension of power of making by-laws with respect to 

lodging-houses for the working classes - - 376, 377 

Amendment of Procedure for Closing Orders and 
Demolition Orders. 

17. Duty of local authority as to closing of dwelling-house 

unfit for human habitation 377-379 

18- Order for demolition 380 

19- Power to redeem annuities charged by charging order 

under section 36 of the principal Act - 380 

20. Provision as to priority of charges under section 37 of 

the principal Act 381 

21. Restriction on power of court of summary jurisdiction 

to extend time 381 

Amendments with respect to Improvement and 
Reconstruction Schemes. 

22- Amendment of section 4 of the principal Act as to official 

representation 381 

23- Amendment of the principal Act as to contents of 

schemes - - 381,382 

24. Amendment of 3 Edw. 7, c. 39, s. 5 - - - - 382 

25- Modification of schemes ... . 332 

26- Inquiries by Local Government Board inspectors as to 

unhealthy areas 382 

27. Amendment as to the vesting of water pipes, &c. - - 382 

28- Amendment of section 38 of the principal Act as to dis- 

tribution of compensation money and as to betterment 
charges 383 

29- Explanation of sections 21 (2) and 41 (3) of the principal 

Act 383 

Amendments with respect to Financial Matters. 
* 

30. Amendment as to application of money borrowed for 

the purpose of the Dwelling-house Improvement 

Fund - - - 383 

31. Expenses of rural district council under Part III. of the 

principal Act 383, 384 

32- Application of proceeds of land sold under Part III. of 

the principal Act 384 

33- Mode in which contributions by London borough 

councils to the county council or vice versa may be 

made 384 

34- Exemption from section 133 of 8 & 9 Viet., c. 18 - 384 
35. Exemption of lodging-houses for the working classes 

from Inhabited House Duty 385 



366 HOUSING, TOWN PLANNING, Ac., ACT, 1909. 
General Amendments. 

SECTION PAGE 

36- Power of entry 385, 386 

37- Power of Local Government Board to obtain a report 

on any crowded area 386 

38- Joint action by local authorities 386 

39. Appeals to Local Government Board - - - 386, 387 

40- Sale and disposal of dwellings 387 

41. Power to prescribe forms and to dispense with advertise- 
ments and notices 387, 388 

42- Provision as to publication in " London Gazette " - 388 

43- Prohibition of back-to-back houses .... 388 

44- Power to Local Government Board to revoke unreason- 
able by-laws .... ... 339 

45- Saving of sites of ancient monuments, &c. - - - 389 

46- Minor amendments of Housing Acts .... 389 

Definitions. 

47. Provisions of this Part to be deemed to be part of the 

appropriate Part of the principal Act 389, 390 

48- Amendment of definitions in Part I. of the principal 

Act - 390 

49- Amendment of definitions for purpose of Part II. of the 

principal Act 390 

50- Definition of cottage ------- 390 

51. Definition of Housing Acts 390 

Application of Part I. to Scotland. 

52. Extension of 63 & 64 Viet., c. 59, and 3 Edw. 7, c. 39, to 

Scotland 390 

53. Application of Housing Acts to Scotland 391-394 

PART II. TOWN PLANNING. 

54. Preparation and approval of town planning scheme 394-396 

55. Contents of town planning schemes - - - 396, 397 

56. Procedure regulations of the Local Government Board 397, 398 
57- Power to enforce scheme 398, 399 

58. Compensation in respect of property inj uriously affected 

by scheme, &c. 399, 400 

59. Exclusion or limitation of compensation in certain 

cases - 400,401 

60- Acquisition by local authorities of land comprised in a 

scheme 401 

61. Powers of Local Government Board in case of default of 
local authority to make or execute town planning 
scheme - 401, 402 

fc62- Determination of matters by Local Government Board 402 
63- Inquiries by Local Government Board - 402 

L64. Laying general provisions before Parliament - 402, 403 
65- Definition of local authority, and expenses - - - 403 
66- Application to London - .... 4Q3 

1 67. Application of Part II. to Scotland - - - 403,404 



HOUSING, TOWN PLANNING, Ac., ACT, 1909. 367 

PART III. COUNTY MEDICAL OFFICERS, COUNTY PUBLIC HEALTH 
AND HOUSING COMMITTEE, &c. 

SECTION PAGE 

68- Appointment, duties, and tenure of office of county 

medical officers 404, 405 

69. Duty of clerk and medical officer of health of district 
council to furnish information to medical officer of 
health of county council 405, 406 

70- Extent of Part III. 406 

71. Public health and housing committee of county 

councils - - - 406,407 

72. Formation and extension of building societies - - 407 

PART IV. SUPPLEMENTAL. 

73- Provisions as to commons and open spaces - - 407, 408 

74. Provisions as to land in neighbourhood of royal palaces 

or parks ... .... 408,409 

75. Repeal 409 

76. Short title and extent - 409 

First Schedule - 409-412 

Second Schedule 413 

Third Schedule 414 

Fourth Schedule , 414, 415 

Fifth Schedule 415, 416 

Sixth Schedule 416-419 






368 



HOUSING, TOWN PLANNING, &c. ACT, 
1909. 

9 EDW. 7 c. 44. 

An Act to amend the Law relating to the Housing of the 
Working Classes, to provide for the making of Town 
Planning schemes, and to make further provision with 
respect to the appointment and duties of County Medical 
Officers of Health, and to provide for the establishment 
of Public Health and Housing Committees of County 
Councils. 

[3rd December 1909.] 

BE it enacted by the King's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : 

PART I. 
HOUSING OF THE WORKING CLASSES. 

Facilities for Acquisition of Lands and other Purposes of 
the Housing Acts. 

Part in. of 1 Part III. of the Housing of the Working Classes 
theprin- Act, 1890 (in this Part of this Act referred to as the prin- 

cipalActto % . x v , .. , Jt 

take effect cipal Act), shall, after the commencement of this Act, ex- 
adopSon. ten( ^ to an( ^ ta ^ e e ff ect m every urban or rural district, or 
53'<fe 54 -, ' other place for which it has not been adopted, as if it had 
Vlct " c - 70 ' been so adopted. 

2 (1) A local authority may be authorised to purchase 
land compulsorily for the purposes of Part III. of the 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 369 

principal Act, by means of an order submitted to the Local Sec. 2. 
Government Board and confirmed by the Board in ac- Provisions 
cordance with the First Schedule to this Act. acquisition 



(2) The procedure under this section for the compulsory 

i PI -i i -ii i i ,-A , -i e ^1 -i e under Part 

purchase of land shall be substituted for the procedure for TIL of the 
the same purpose under section one hundred and seventy- JJJjf 011 * 1 
six of the Public Health Act, 1875, as applied by subsection 33 & 39 
(1) of section fifty-seven of the principal Act. Vict " c - * 

(3) A local authority may, with the consent of and sub- 
ject to any conditions imposed by the Local Government 
Board, acquire land by agreement for the purposes of Part 
III. of the principal Act, notwithstanding that the land is 
not immediately required for those purposes. 

3 Where a loan is made by the Public Works Loan Loans by 
Commissioners to a local authority for any purposes of the works 

Housing Acts SsSoners 

(a) The loan shall be made at the minimum rate allowed to local 

for the time being for loans out of the Local Loans Cities " 
Fund ; and 

(b) If the Local Government Board make a recommen- 

dation to that effect, the period for which the loan 
is made by the Public Works Loan Commissioners 
may exceed the period allowed under the principal 
Act or under any other Act limiting the period for 
which the loan may be made, but the period shall 
not exceed the period recommended by the Local 
Government Board, nor in any case eighty years ; 
and 

(c) As between loans for different periods, the longer 

duration of the loan shall not be taken as a reason 
for fixing a higher rate of interest. 

4 (1) Where a loan is made by the Public Works Loan Loans by 
Commissioners under section sixty-seven, subsection (2) ^Jjjj 
(d), of the principal Act, to a public utility society, the Loan Com- 
words "two thirds " shall be substituted for the words 

" one moiety ". 

(2) For the purposes of this section a public utility 
society means a society registered under the Industrial and 
Provident Societies Act, 1893, or any amendment thereof, se&s? 
the rules whereof prohibit the payment of any interest or vic *" c> 39 - 

24 



370 HOUSING, TOWN PLANNING, &c., ACT, 1909. 
. ....,.] 

Sec. 4. dividend at a rate exceeding five pounds per centum per 
annum. 

Paymentof 5 (1) Any purchase money or compensation payable 
purchase j n pursuance of the Housing Acts by a local authority in 

or com- . , -. . , i xi_ i i 

pensation respect of any lands, estate, or interest of another local 
(wh?ch authority which would, but for this section, be paid into 
would court in manner provided by the Lands Clauses Acts or 
bepSd by paragraph (20) of the Second Schedule to the principal 
ondirec^^ ^ ct mav ' ^ *^ e ^ocal Government Board consent, instead 
tion of of being paid into court, be paid and applied as the Board 
Govern- determine. 
Board ^ ^ ny suc ^ Decision ^ *ke Board as to the payment 

and application of any such purchase money or compensa- 

tion shall be final and conclusive. 

Provision 6 Any local authority in connection with the exercise 
streefsin bv tnem of their P owers under Part III. of the principal 
connection Act may lay out and construct public streets or roads on 
erciseof any land acquired or appropriated by them for the purpose 



P dTrPart ^ ^ a ^ ^ >ar ^ ^ ^at ^ c ^' or contribute towards the cost of 

in. of the the laying out and construction of any streets or roads on 

Act nC1Pal anv sucn land by other persons on the condition that those 

streets or roads are to be dedicated to the public. 

Expend!- 7 (1) The following paragraph shall be substituted for 
money for P ara g ra P n (^) f subsection (1) of section seventy-four of 
lousing the principal Act : 

Fn^case^f (&) The improvements on which capital money arising 

settled under the Settled Land Act, 1882, may be expended, 

45&46 enumerated in section twenty-five of the said Act 

Vict.,c. 38. an( j re f erre( j to in section thirty of the said Act, 

shall, in addition to cottages for labourers, farm 

servants, and artisans, whether employed on the 

settled land or not, include the provision of dwell- 

ings available for the working classes, either by 

means of building new buildings or by means of 

the reconstruction, enlargement, or improvement of 

existing buildings, so as to make them available for 

the purpose, if that provision of dwellings is, in the 

opinion of the court, not injurious to the estate or 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 37! 

is agreed to by the tenant for life and the trustees Sec. 7- 

of the settlement. 

(2) The provision by a tenant for life, at his own ex- 
pense, of dwellings available for the working classes on 
any settled land shall not be deemed to be an injury to 
any interest in reversion or remainder in that land ; pro- 
vided that the powers conferred upon a tenant for life by 
this subsection shall not be exercised by him without the 
previous approval in writing of the trustees of the settle- 
ment. 

8 A local authority may accept a donation of land or Donations 
money or other property for any of the purposes of the 
Housing Acts, and it shall not be necessary to enrol any 
assurance with respect to any such property under the 
Mortmain and Charitable Uses Act, 1888. 51 & 52 

Viet., c. 42. 

9 (1) If in any case it appears to the Local Govern- Provisions 
ment Board that the institution of legal proceedings is re- Aspect to 



quisite or desirable with respect to any property required 
to be applied under any trusts for the provision of dwell- under 
ings available for the working classes, or that the expedit- JSSjfJ' 
ing of any such legal proceedings is requisite or desirable, purposes. 
the Board may certify the case to the Attorney-General, 
and the Attorney-General, if he thinks fit, shall institute 
any legal proceedings or intervene in any legal proceedings 
already instituted in such manner as he thinks proper under 
the circumstances. 

(2) Before preparing any scheme with reference to pro- 
perty required to be applied under any trusts for the provi- 
sion of dwellings available for the working classes, the court 
or body who are responsible for making the scheme shall 
communicate with the Local Government Board and re- 
ceive and consider any recommendations made by the 
Board with reference to the proposed scheme. 

Powers of Enforcing Execution of Housing Acts. 

10 (1) Where a complaint is made to the Local Govern- Power of 
ment Board- SSLS 

(a) as respects any rural district by the council of the Board on 
county in which the district is situate, or by the c 



372 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

Sec. 10. parish council or parish meeting of any parish 

to enforce comprised in the district, or by any four inhabitant 

power! 6 f householders of the district ; or 

(b) as respects any county district, not being a rural 

district, by the council of the county in which the 
district is situated, or by four inhabitant house- 
holders of the district ; or 

(c) as respects the area of any other local authority by 

four inhabitant householders of the area ; 
that the local authority have failed to exercise their powers 
under Part II. or Part III. of the principal Act in cases 
where those powers ought to have been exercised, the 
Board may cause a public local inquiry to be held, and if, 
after holding such an inquiry, the Board are satisfied that 
there has been such a failure on the part of the local 
authority, the Board may declare the authority to be in de- 
fault, and may make an order directing that authority, 
within a time limited by the order, to carry out such 
works and do such other things as may be mentioned in 
the order for the purpose of remedying the default. 

(2) Before deciding that a local authority have failed to 
exercise their powers under Part III. of the principal Act, 
the Board shall take into consideration the necessity for 
further accommodation for the housing of the working 
classes in such district, the probability that the required 
accommodation will not be otherwise provided, and the 
other circumstances of the case, and whether, having regard 
to the liability which will be incurred by the rates, it is 
prudent for the local authority to undertake the provision 
of such accommodation. 

(3) Where an order originally made under this section 
on the council of a county district is not complied with by 
that council, the Local Government Board may, if they 
think fit, with the consent of the county council, instead 
of enforcing that order against the council of the county 
district, make an order directing the county council to 
carry out any works or do any other things which are 
mentioned in the original order for the purpose of remedy- 
ing the default of the district council. 

(4) Where the Board make an order under this section 
directing a county council to carry out any works or do 
any other thing, the order may, for the purpose of enabling 



HOUSING, TOWN PLANNING, Ac., ACT, 1909. 373 

the county council to give effect to the order, apply any of Sec. 10. 
the provisions of the Housing Acts or of section sixty-three 56 & 57 
of the Local Government Act, 1894, with such modifications Vlct " c- 73 ' 
or adaptations (if any) as appear necessary or expedient. 

(5) An order made by the Local Government Board 
under this section shall be laid before both Houses of 
Parliament as soon as may be after it is made. 

(6) Any order made by the Local Government Board 
under this section may be enforced by mandamus. 

11 (1) Where it appears to the Local Government Power of 
Board that a local authority have failed to perform their JSmenf ^ 
duty under the Housing Acts of carrying out -an improve- B d a e r r d to 
ment scheme under Part I. of the principal Act, or have sJheLes, 
failed to give effect to any order as respects an obstructive * a C rried b out 
building, or to a reconstruction scheme, under Part II. of ^ in a 
that Act, or have failed to cause to be made the inspection time. 6 
of their district required by this Act, the Board may make 
an order requiring the local authority to remedy the default 
and to carry out any works or do any other things which 
are necessary for the purpose under the Housing Acts 
within a time fixed by the order. 

(2) Any order made by the Local Government Board 
under this section may be enforced by mandamus. 

12 Where a complaint is made to the council of a powers of 
county by the parish council or parish meeting of any parish JjJjJ*J to 
comprised in any rural district in the county, or by any act in 
four inhabitant householders of that district, the county rura? 1 * 
council may cause a public local inquiry to be held, and district 

> *. i -ii< i -I -i council 

if, alter holding such an inquiry, the county council are under Part 
satisfied that the rural district council have failed to exercise 
their powers under Part III. of the principal Act in cases Act. 
where those powers ought to have been exercised, the 
county council may resolve that the powers of the district 
council for the purposes of that Part be transferred to the 
county council with respect either to the whole district or 
to any parish in the district, and those powers shall be 
transferred accordingly, and, subject to the provisions of 
this Act, section sixty-three of the Local Government Act, 
1894, shall! apply as if the powers had been transferred 
under that Act. 



374 HOUSING, TOWN PLANNING, &c., ACT, 1909. 



m d of the* ^ 



Power of 13 (i) Where the council of a county are of opinion 
council to that for any reason it is expedient that the council should 
exei> cise, as respects any rural district in the county, any 
of the powers of a local authority under Part III. of the 
principal Act, the council, after giving notice to the council 
District f their intention to do so, may apply to the 
principal Local Government Board for an order conferring such 
powers on them. 

(2) Upon such an application being made, the Board 
may make an order conferring on the county council as 
respects the rural district all or any of the powers of a 
local authority under Part III. of the principal Act, and 
thereupon the provisions of the Housing Acts relating to 
those powers (including those enabling the Public Works 
Loan Commissioners to lend, and fixing the terms for 
which money may i be lent and borrowed) shall apply as if 
the council were a local authority under Part III. of the 
principal Act : Provided that he expenses incurred by the 
county council under any such order shall be defrayed as 
expenses for general county purposes. 

(3) Where, under any such order, the county council 
have executed any works in a rural district they may 
transfer the works to the council of that district on such 
terms and subject to such conditions as may be agreed 
between them. 



Contracts by Landlord. 

14 In any contract made after the passing of this Act 
^ or l e ^ m g for habitation a house or part of a house at a 
rent not exceeding 

(a) in the case of a house situate in the administrative 

county of London, forty pounds ; 

(b) in the case of a house situate in a borough or urban 

district with a population according to the last 
census for the time being of fifty thousand or up- 
wards, twenty-six pounds ; 

(c) in the case of a house situate elsewhere, sixteen 

pounds ; 

there shall be implied a condition that the house is at the 
commencement of the holding in all respects reasonably 
fit for human habitation, but the condition aforesaid shall 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 375 

not be implied when a house or part of a house is let for Sec. 14. 
a term of not less than three years upon the terms that it 
be put by the lessee into a condition reasonably fit for 
occupation, and the lease is not determinable at the option 
of either party before the expiration of that term. 

15 (1) The last foregoing section shall, as respects condition 
contracts to which that section applies, take effect as if the fng^ouses 
condition implied by that section included an undertaking let to 
that the house shall, during the holding, be kept by the the 8 work 
landlord in all respects reasonably fit for human habita- jjj g r |j}52!. es 
tion. 

(2) The landlord or the local authority, or any person 
authorised by him or them in writing, may at reasonable 
times of the day, on giving twenty-four hours' notice in 
writing to the tenant or occupier, enter any house, pre- 
mises, or building to which this section applies for the 
purpose of viewing the state and condition thereof. 

(3) If it appears to the local authority within the mean- 
ing of Part II. of the principal Act that the undertaking 
implied by virtue of this section is not complied with in 
the case of any house to which it applies, the authority 
shall, if a closing order is not made with respect to the 
house, by written notice require the landlord, within a 
reasonable time, not being less than twenty-one days, 
specified in the notice, to execute such works as the 
authority shall specify in the notice as being necessary to 
make the house in all respects reasonably fit for human 
habitation. 

(4) Within twenty-one days after the receipt of such 
notice the landlord may by written notice to the local 
authority declare his intention of closing the house for 
human habitation, and thereupon a closing order shall be 
deemed to have become operative in respect of such house. 

(5) If the notice given by the local authority is not 
complied with, and if the landlord has not given the notice 
mentioned in the immediately preceding subsection, the 
authority may, at the expiration of the time specified in 
the notice given by them to the landlord, do the work re- 
quired to be done and recover the expenses incurred by 
them in so doing from the landlord as a civil debt in 
rnanner provided by the Summary Jurisdiction Acts, or, 



376 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

Sec. 15 if they think fit, the authority may by order declare any 
such expenses to be payable by annual instalments within 
a period not exceeding that of the interest of the landlord 
in the house, nor in any case five years, with interest at 
a rate not exceeding five pounds per cent, per annum, 
until the whole amount is paid, and any such instalments 
or interest or any part thereof may be recovered from the 
landlord as a civil debt in manner provided by the Sum- 
mary Jurisdiction Acts. 

(6) A landlord may appeal to the Local Government 
Board against any notice requiring him to execute works 
under this section, and against any demand for the re- 
covery of expenses from him under this section or order 
made with respect to those expenses under this section by 
the authority, by giving notice of appeal to the Board within 
twenty-one days after the notice is received, or the demand 
or order is made, as the case may be, and no proceedings 
shall be taken in respect of such notice requiring works, 
order, or demand, whilst the appeal is pending. 

(7) In this section the expression " landlord " means 
any person who lets to a tenant for habitation the house 
under any contract referred to in this section, and includes 
his successors in title ; and the expression " house " in- 
cludes part of a house. 

(8) Sections forty-nine and fifty of the principal Act as 
3 Edw. 7, amended by section thirteen of the Housing of the Work- 

ing Classes Act, 1903 (which relate to the service of notices 
and the description of owner in proceedings), shall apply 
for the purposes of this section, with the substitution, 
where required, of the landlord for the owner of a dwelling- 
house. 

(9) Any remedy given by this section for non-compliance 
with the .undertaking implied by virtue of this section 
shall be in addition to and not in derogation of any other 
remedy available to the tenant against the landlord, either 
at common law or otherwise. 



of Xt ower 1 of ^ W ^"^ P ower f Baking and enforcing by-laws 
making under section ninety of the Public Health Act, 1875, and 
5ithf w8 section ninety-four of the Public Health (London) Act, 
Aspect to 1891, with respect to houses or parts of houses which are 
hoiSSffor let in lodgings or occupied by members of more than one 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 377 

family, shall, in the case of houses intended for the work- Sec. 16- 
ing classes, extend to the making and enforcing of by-laws the work- ^ 
imposing any duty (being a duty which may be imposed SVst 88 * 
by the by-laws and which involves the execution of WO rk) vict - >c - 76 - 
upon the owner within the meaning of the said Acts, in 
addition to or in substitution for any other person having 
an interest in the premises, and prescribing the circum- 
stances and conditions in and subject to which any such 
duty is to be discharged. 

(2) For the purpose of discharging any duty so imposed, 
the owner or other person may at all reasonable times enter 
upon any part of the premises, and section fifty-one of 
the principal Act shall apply as if for the reference to the 
provisions of Part II. of that Act there were substituted a 
reference to the provisions of such by-laws, and as if the 
person on whom such duty is imposed were the owner 
and any inmate of the premises were the occupier of a 
dwelling-house. 

(3) Where an owner or other person has failed to execute 
any work which he has been required to execute under 
the by-laws, the local authority or sanitary authority, as 
the case may be, may, after giving to him not less than 
twenty-one days' notice in writing, themselves execute 
the works and recover the costs and expenses, and for 
that purpose the provisions of subsection (5) of the last 
foregoing section, with respect to the execution of works 
and the recovery of expenses by local authorities, shall 
apply as if the owner or other person were the landlord, 
and with such other adaptations as may be necessary. 

Amendment of Procedure for Closing Orders and 
Demolition Orders. 

17 (1) It shall be the duty of every local authority Duty 
within the meaning of Part II. of the principal Act to authority 
cause to be made from time to time inspection of their * tocios- 
district, with a view to ascertain whether any dwelling- dwelling- 
house therein is in a state so dangerous or injurious to JjJJ. 11 ^ 6 , JJjJ* 
health* as to be unfit for human habitation, and for that habitation, 
purpose it shall be the duty of the local authority, and of 
every officer of the local authority, to comply with such 



378 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

Sec. 17 regulations and to keep such records as may be prescribed 
by the Board. 

(2) If, on the representation of the medical officer of 
health, or of any other officer of the authority, or other 
information given, any dwelling-house appears to them 
to be in such a state, it shall be their duty to make an 
order prohibiting the use of the dwelling-house for human 
habitation (in this Act referred to as a closing order) until 
in the judgment of the local authority the dwelling- 
house is rendered fit for that purpose. 

(3) Notice of a closing order shall be forthwith served 
on every owner of the dwelling-house in respect of which 
it is made and any owner aggrieved by the order may 
appeal to the Local Government Board by giving notice 
of appeal to the Board within fourteen days after the 
order is served upon him. 

(4) Where a closing order has become operative, the 
local authority shall serve notice of the order on every 
occupying tenant of the dwelling-house in respect of which 
the order is made, and, within such period as is specified 
in the notice, not being less than fourteen days after the 
service of the notice, the order shall be obeyed by him, 
and he and his family shall cease to inhabit the dwelling- 
house, and in default he shall be liable on summary con- 
viction to be ordered to quit the dwelling-house within 
such time as may be specified in the order. 

(5) Unless the dwelling-house has been made unfit for 
habitation by the wilful act or default of the tenant or of 
any person for whom as between himself and the owner 
or landlord he is responsible, the local authority may make 
to every such tenant such reasonable allowance on account 
of his expense in removing as may be determined by the 
local authority with the consent of the owner of the 
dwelling-house, or, if the owner of the dwelling-house fails 
to consent to the sum determined by the local authority, 
as may be fixed by a court of summary jurisdiction, and 
the amount of the said allowance shall be recoverable by 
the local authority from the owner of the dwelling-house 
as a civil debt in manner provided by the Summary 
Jurisdiction Acts. 

The local authority shall determine any closing 
ler made by them if they are satisfied that the dwelling- 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 379 

house, in respect of which the order has been made, has Sec. 17 
been rendered fit for human habitation. 

If, on the application of any owner of a dwelling-house, 
the local authority refuse to determine a closing order, the 
owner may appeal to the Local Government Board by 
giving notice of appeal to the Board within fourteen days 
after the application is refused. 

(7) A room habitually used as a sleeping-place, the 
surface of the floor of which is more than three feet below 
the surface of the part of the street adjoining or nearest to 
the room, shall for the purposes of this section be deemed 
to be a dwelling-house so dangerous or injurious to 
health as to be unfit for human habitation, if the room 
either 

(a) is not on an average at least seven feet in height 

from floor to ceiling ; or 

(b) does not comply with such regulations as the local 

authority with the consent of the Local Govern- 
ment Board may prescribe for securing the proper 
ventilation and lighting of such rooms, and the pro- 
tection thereof against dampness, effluvia, or ex- 
halation : Provided that if the local authority, after 
being required to do so by the Local Government 
Board, fail to make such regulations, or such regu- 
lations as the Board approve, the Board may 
themselves make them, and the regulations so 
made shall have effect as if they had been made 
by the local authority with the consent of the 
Board : 

Provided that a closing order made in respect of a room 
to which this subsection applies shall not prevent the room 
being used for purposes other than those of a sleeping- 
place ; and that, if the occupier of the room after notice of 
an order has been served upon him fails to comply with 
the order, an order to comply therewith may, on summary 
conviction, be made against him. 

This subsection shall not come into operation until the 
first day of July nineteen hundred and ten, and a clos- 
ing order made in respect of any room to which this 
subsection applies shall not be treated as a closing order 
in respect of a dwelling-house for the purposes of the next 
succeeding section. 



380 HOUSING, TOWN PLANNING, &c., ACT, 1909. 



Order for 
demoli- 
tion. 



Power to 



charging 

order 

under 

section 36 

of the 

principal. 

Act. 



18 (1) Where a closing order in respect of any 
dwelling-house has remained operative for a period of 
three months, the local authority shall take into con- 
sideration the question of the demolition of the dwelling- 
house, and shall give every owner of the dwelling-house 
notice of the time (being some time not less than one 
month after the service of the notice) and place at which 
the question will be considered, and any owner of the 
dwelling-house shall be entitled to be heard when the 
question is so taken into consideration. 

(2) If upon any such consideration the local authority 
are of opinion that the dwelling-house has not been 
rendered fit for human habitation, and that the necessary 
steps are not being taken with all due diligence to render 
it so fit, or that the continuance of any building, being or 
being part of the dwelling-house, is a nuisance or dangerous 
or injurious to the health of the public or of the inhabitants 
of the neighbouring dwelling-houses, they shall order the 
demolition of the building. 

(3) If any owner undertakes to execute forthwith the 
works necessary to render the dwelling-house fit for human 
habitation, and the local authority consider that it can be 
so rendered fit for human habitation, the local authority 
may, if they think fit, postpone the operation of the order 
for such time, not exceeding six months, as they think 
sufficient for the purpose of giving the owner an oppor- 
tunity of executing the necessary works. 

(4) Notice of an order for the demolition of a building 
shall be forthwith served on every owner of the building 
in respect of which it is made, and any owner aggrieved 
by the order may appeal to the Local Government Board 
by giving notice of appeal to the Board within twenty-one 
days after the order is served upon him. 



of or other person interested in a 
which an annuity has been charged by 



19 Any owner 
dwelling-house on 

a charging order made under section thirty-six of the 
principal Act (which relates to the grant of charges) shall 
at any time be at liberty to redeem the annuity on pay- 
ment to the person entitled to the annuity of such sum as 
may be agreed upon, or in default of agreement determined 
by the Local Government Board, 



HOUSING, TOWN PLANNING, Ac., ACT, 1909. 381 

20 The charges excepted in subsection (1) of section Provision 
thirty-seven of the principal Act (which relates to the in- priority of 
cidence of charges) shall include charges on the dwelling- charges 

-i e ,1 -r> i i. under 

house created or arising under any provision of the Public section 37 
Health Acts, or under any provision in any local Act 
authorising a charge for recovery of expenses incurred by Act. 
a local authority. 

21 Subsection (3) of section forty- seven of the principal Restriction 
Act (which gives power to a court of summary jurisdiction J? c UJJt of 
to enlarge the time for certain matters) shall cease to summ . ar y 
have effect as respects the time allowed for the execution tion to 
of any works or the demolition of a building under a clos 
ing order or under an order for the demolition of a build 
ing. 

Amendments with respect to Improvement and 
Reconstruction Schemes. 

22 In section four of the principal Act (which relates Amend- 
to an official representation), the words "that the raost m g* f 4 
satisfactory method of dealing with the evils connected of the prin- 
with such houses, courts, or alleys, and the sanitary de- fo P offitiai as 
fects in such area is an improvement scheme " shall 
substituted for the words " that the evils connected with 
such houses, courts, or alleys, and the sanitary defects in 
such area cannot be effectually remedied otherwise than 
by means of an improvement scheme ". 

23 (1) Section six of the principal Act (which relates Amend- 
to the contents of an improvement scheme) shall be read 
as if in subsection (1) the words "for sanitary pur- 
poses " were omitted in paragraph (a) ; and as if the of schemes, 
following paragraph was inserted at the end of that sub- 
section : 
"and 

(e) may provide for any other matter (including the 
closing and diversion of highways) for which it 
seems expedient to make provision with a view to 
the improvement of the area or the general efficiency 
of the scheme." 
(2) Provision may be made in a reconstruction scheme 



382 HOUSING, TOWN PLANNING, Ac., ACT, 1909. 

Sec. 23. under Part II. of the principal Act for any matters for 
which provision may be made in an improvement scheme 
made under Part I. of that Act. 

Amend- 24 (1) Paragraphs (a) and (b) of subsection (2) of 
3Edw7, c. section five of the Housing of the Working Classes Act, 
39, s. 5. 1903 (which limit the cases under which an order con- 
firming an improvement scheme takes effect without con- 
firmation by Parliament), shall cease to have effect. 

(2) An order of the Local Government Board sanctioning 
a reconstruction scheme, and authorising the compulsory 
purchase of land for the purpose shall, notwithstanding 
anything in section thirty-nine of the principal Act, take 
effect without confirmation. 

Modifica- 25 The Local Government Board may, in the exercise 
scheme?. ^ tne ^ r Pwer under section fifteen or subsection (9) of 
section thirty-nine of the principal Act, permit the local 
authority to modify their scheme, not only by the abandon- 
ment of any part of the scheme which it may appear inex- 
pedient to carry into execution, but also by amending 
or adding to the scheme in matters of detail in such manner 
as appears expedient to the Board. 

inquiries 26 Any inspector or officer of the Local Government 
G-o^Sn* 1 Board, or any person employed by the Board, may be 
ment directed to make any inspection or inquiry which is re- 
inspectors quired for the purposes of section sixteen of the principal 
unhealthy ^ ct ( wmcn relates to inquiries made on the default of a 
areas. medical officer), and section eighty-five of that Act (which 
relates to inquiries by the Local Government Board), 
as amended by this Act, shall apply as respects any in- 
spection or inquiry so held as it applies to local inquiries 
held under that section. 

Amend- 27 An improvement scheme under Part I. of the 
the n ve a sting P rmc ip a l Act may, with the consent of the person or 
of water body of persons entitled to any right or easement which 
pipes, c. wou j ( j J.JQ extinguished by virtue of section twenty-two of 
the principal Act, provide for any exceptions, restrictions, 
or modifications in the application to that right or ease- 
ment of that section, and that section shall take effect 
subject to any such exceptions, restrictions, or modifications. 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 383 

28 (1) The amount of any compensation payable under Amend- 
section thirty-eight of the principal Act (which relates to JJUScm'ss 
obstructive buildings) shall, when settled by arbitration in of the prin- 
manner provided by that section, be apportioned by the to P d/8tribu 8 - 
arbitrator between any persons having an interest in the ^mpenw,- 
compensation in such manner as the arbitrator determines, tion money 

(2) The power of the arbitrator to apportion compensa- betterment 
tion under the foregoing provision and to apportion any charges, 
part of the compensation to be paid for the demoltion of 
an obstructive building amongst other buildings under sub- 
section (8) of the said section thirty-eight may be exercised 
in cases where the amount to be paid for compensation has 
been settled, otherwise than by arbitration under the 
principal Act, by an arbitrator appointed for the special 
purpose, on the application of the local authority, by the 
Local Government Board, and the provisions of that Act 
shall apply as if the arbitrator so appointed had been ap- 
pointed as arbitrator to settle the amount to be paid for 
compensation. 

29 For removing doubts it is hereby declared that a Expiana- 
local authority may tender evidence before an arbitrator Jettons 21 
to prove the facts under the headings (first) (secondly) ||j JJ^JJ- 
(thirdly) mentioned in subsection (2) of section twenty-one principal 
and subsection (3) of section forty-one of the principal Act- 
Act, notwithstanding that the local authority have not 
taken any steps with a view to remedying the defects or 
evils disclosed by the evidence. 

Amendments with respect to Financial Matters. 

30 No deficiency in the Dwelling-house Improvement Amend- 
Fund shall be supplied under subsection (2) of section appiica- 
twenty-four of the principal Act out of borrowed money {JJJmey 
unless the deficiency arises in respect of money required borrowed 
for purposes to which borrowed money is, in the opinion fng-house' 
of the Local Government Board, properly applicable. Sent " 

Fund. 

31 (1) The expenses incurred by a rural district council Expenses 
after the passing of this Act in the execution of Part III. district? 
of the principal Act shall be defrayed as general expenses council 
of the council in the execution of the Public Health Acts, 



384 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

Sec. 31- except so far as the Local Government Board on the 
under Part application of the council declare that any such expenses 
principal 6 are to be levied as special expenses charged on specified 
Act - contributory places, or as general expenses charged on 

specified contributory places, in the district, in such pro- 
portions as the district council may determine, to the 
exclusion of other parts of the district, and a rural district 
council may borrow for the purposes of Part III. of the 
principal Act in like manner and subject to the like condi- 
tions as for the purpose of defraying the above-mentioned 
general or special expenses. 

(2) The district council shall give notice- to the overseers 
of any contributory place proposed to be charged of any 
apportionment made by them under this section, and 
the overseers, if aggrieved by the apportionment, may 
appeal to the Local Government Board by giving notice of 
appeal to the Board within twenty-one days after notice has 
been so given of the apportionment. 

Appiica- 32 Where any land vested in a local authority for the 

proceeds of P ur P ses of Part III. of the principal Act is sold under 

land sold section sixty of that Act (which relates to the sale and 

ra. of the exchange of lands), the proceeds may be applied not only 

Act ncipal as P rov ided by that section, but also for any purpose, 

including repayment of borrowed money, for which capital 

money may be applied, and which is approved by the 

Local Government Board. 

Mode in 33 Any payment or contribution agreed or ordered to 

tr?buWons" ^ e ma< ^ e un< ^er subsection (6) or (7) of section forty-six of 

by London the principal Act, as amended by section fourteen of the 

councils to Housing of the Working Classes Act, 1903 (which relate 

the county to payments or contributions by borough councils towards 

vice versa the expenses of the county council or by the county council 

made be towards the expenses of borough councils in London), may 

be made either by means of the payment of a lump sum or 

by means of an annual payment of such amount and for 

such number of years as may be agreed upon or ordered. 

Exemption 34 Section one hundred and thirty-three of the Lands 
sectfon 133 ^ v Clauses Consolidation Act, 1845 (relating to Land Tax 
of8&9 and poor rate), shall not apply in the case of any lands of 

Viet., c. 18. ** J J 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 385 

which a local authority becomes possessed by virtue of Sec. 34. 
the Housing Acts. 

35 (1) The assessment to Inhabited House Duty of Exemption 
any house occupied for the sole purpose of letting lodgin 
to persons of the working classes, at a charge of not exceed- 
ing sixpence a night for each person, shall be discharged irom 
by the Commissioners acting in the execution of the Acts 
relating to the Inhabited House Duties, upon the produc- Duty, 
tion of a certificate to the effect that the house is solely 
constructed and used to afford suitable accommodation for 
the lodgers, and that due provision is made for their 
sanitary requirements. 

(2) The provisions of subsection (2) of section twenty- 
six of the Customs and Inland Eevenue Act, 1890, in 53 & 54 
relation to the certificate mentioned therein, shall, so far Vlct> ' Ct 8 * 
as applicable, apply to the certificate to be produced under 
this section. 

General Amendments. 

36 Any person authorised in writing stating the par- p ow er of 
ticular purpose or purposes for which the entry is author- 
ised, by the local authority or the Local Government 
Board, may at all reasonable times, on giving twenty-four 
hours' notice to the occupier and to the owner, if the 
owner is known, of his intention, enter any house, premises, 
or buildings 

(a) for the purpose of survey or valuation, in the case 
of houses, premises, or buildings which the local 
authority are authorised to purchase compulsorily 
under the Housing Acts ; and 

(6) for the purpose of survey and examination, in the 
case of any dwelling-house in respect of which a 
closing order or an order for demolition has been 
made ; or 

(c) for the purpose of survey and examination, where it 
appears to the authority or Board that survey or 
examination is necessary in order to determine 
whether any powers under the Housing Acts should 
be exercised in respect of any house, premises, or 
building. 

2$ 



386 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

Sec. 36. Notice may be given to the occupier for the purposes of 
this section by leaving a notice addressed to the occupier, 
without name or further description, at the house, build- 
ings, or premises. 

Power of 37 If it appears to the Local Government Board that 
ernmen? 7 " owing to density of population, or any other reason, it is 
obtain a expedient to inquire into the circumstances of any area 
report with a view to determining whether any powers under the 
crowded Housing Acts should be put into force in that area or not, 
area. the Local Government Board may require the local 
authority to make a report to them containing such par- 
ticulars as to the population of the district and other 
matters as they direct, and the local authority shall comply 
with the requirement of the Local Government Board, and 
any expenses incurred by them in so doing shall be paid 
as expenses incurred in the execution of such Part of the 
principal Act as the Local Government Board determine. 

Joint 38 Where, upon an application made by one of the 

focal au- y l ca l authorities concerned, the Local Government Board 
thorities. are satisfied that it is expedient that any local authorities 
should act jointly for any purposes of the Housing Acts, 
either generally or in any special case, the Board may by 
order make provision for the purpose, and any provisions 
so made shall have the same effect as if they were con- 
tained in a provisional order made under section two 
hundred and seventy-nine of the Public Health Act, 1875, 
for the formation of a united district. 

Loca?Go t v- 39 (1) The procedure on any appeal under this Part 
ernment** ^ this Act, including costs, to the Local Government 
Board. Board shall be such as the Board may by rules determine, 
and on any such appeal the Board may make such order 
in the matter as they think equitable, and any order so 
made shall be binding and conclusive on all parties, and, 
where the appeal is against any notice, order, or apportion- 
ment given or made by the local authority, the notice, 
order, or apportionment may be confirmed, varied, or 
quashed, as the Board think just. 
Provided that 
(a) the Local Government Board may at any stage of 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 387 

the proceedings on appeal, and shall, if so directed Sec. 39. 
by the High Court, state in the form of a special 
case for the opinion of the court any question of 
law arising in the course of the appeal ; and 
(b) the rules shall provide that the Local Government 
Board shall not dismiss any appeal without having 
first held a public local inquiry. 

(2) Any notice, order, or apportionment as respects 
which an appeal to the Local Government Board is given 
under this Part of this Act shall not become operative, 
until either the time within which an appeal can be made 
under this Part of this Act has elapsed without an appeal 
being made, or, in case an appeal is made, the appeal is 
determined or abandoned, and no work shall be done or 
proceedings taken under any such notice, order, or appor- 
tionment, until it becomes operative. 

(3) The Local Government Board may, before consider- 
ing any appeal which may be made to them under this 
Part of this Act, require the appellant to deposit such sum 
to cover the costs of the appeal as may be fixed by the 
rules made by them with reference to appeals. 

40 Notwithstanding anything contained in the principal sale and 
Act it shall not be obligatory upon a local authority to 
sell and dispose of any lands or dwellings acquired or 
constructed by them for any of the purposes of the Hous- 
ing Acts. 

41 (1) The Local Government Board may by order power to 
prescribe the form of any notice, advertisement, or other prescribe 

T * . -. forms and 

document, to be used in connection with the powers and to dispense 
duties of a local authority or of the Board under the Tdvertise- 
Housing Acts, and the forms so prescribed, or forms as mentsand 
near thereto as circumstances admit, shall be used in all 
cases to which those forms are applicable. 

(2) The Local Government Board may dispense with 
the publication of advertisements or the service of notices 
required to be published or served by a local authority 
under the Housing Acts, if they are satisfied that there is 
reasonable cause for dispensing with the publication or 
service. 

(3) Any such dispensation may be given by the Local 



388 HOUSING, TOWN PLANNING, &c., ACT, 1909. 



Sec. 41 Government Board either before or after the time at 
which the advertisement is required to be published or the 
notice is required to be served, and either unconditionally 
or upon such conditions as to the publication of other 
advertisements or the service of other notices or otherwise 
as the Board think fit, due care being taken by the Board 
to prevent the interests of any person being prejudiced by 
the dispensation. 

42 Where under the Housing Acts, any scheme or 
order or any draft scheme or order is to be published in 
the " London Gazette, "or notice of any such scheme or order 
or draft scheme or order is to be given in the " London 
Gazette," it shall be sufficient in lieu of such publication or 
notice to insert a notice giving short particulars of the 
scheme, order, or draft, and stating where copies thereof 
can b) inspected or obtained in two local newspapers 
circulating in the area affected by the scheme, order, or 
draft, or to give notice thereof in such other manner as the 
Local Government Board determine. 



Provision 
as to 
publica- 
tion in 
" London 
Gazette". 



Prohibi- 
tion of 
back-to- 
back 
houses. 



43 Notwithstanding anything in any local Act or by- 
law in force in any borough or district, it shall not be 
lawful to erect any back-to-back houses intended to be 
used as dwellings for the working classes, and any such 
house commenced to be erected after the passing of this 
Act shall be deemed to be unfit for human habitation for 
the purposes of the provisions of the Housing Acts. 

Provided that nothing in this section 

(a) shall prevent the erection or use of a house contain- 

ing several tenements in which the tenements are 
placed back-to-back, if the medical officer of health 
for the district certifies that the several tenements 
are so constructed and arranged as to secure 
effective ventilation of all habitable rooms in every 
tenement ; or 

(b) shall apply to houses abutting on any streets the 

plans whereof have been approved by the local 
authority before the first day of May nineteen 
hundred and nine, in any borough or district in 
which, at the passing of this Act, any local Act or 
by-laws are in force permitting the erection of back- 
to-back houses. 



HOUSING, TOWN PLANNING, &c., ACT, 1900. 389 

44 If the Local Government Board are satisfied, by Power to 
local inquiry or otherwise, that the erection of dwellings JjJS^eSi^" 
for the working classes within any borough, or urban or Board to 

,-,....9 i i j j F revoke un- 

rural district, is unreasonably impeded in consequence 01 reasonable 
any by-laws with respect to new streets or buildings in by - laws - 
force therein, the Board may require the local authority 
to revoke such by-laws or to make such new by-laws 
as the Board may consider necessary for the removal of 
the impediment. If the local authority do not within 
three months after such requisition comply therewith, the 
Board may themselves revoke such by-laws, and make 
such new by-laws as they may consider necessary for the 
removal of the impediment, and such new by-laws shall 
have effect as if they had been duly made by the local 
authority and confirmed by the Board. 

45 Nothing in the Housing Acts shall authorise the savingjof 
acquisition for the purposes of those Acts of any land^f e f t 
which is the site of an ancient monument or other object monu- 
of archaeological interest, or the compulsory acquisition for & c e Sf 



the purposes of Part III. of the Housing of the Working y-^ 5 ^ 70 
Classes Act, 1890, of any land which is the property of 
any local authority or has been acquired by any corpora- 
tion or company for the purposes of a railway, dock, canal, 
water, or other public undertaking, or which at the date 
of the order forms part of any park, garden, or pleasure 
ground, or is otherwise required for the amenity or con- 
venience of any dwelling-house. 

46 The amendments specified in the second column of Minor 
the Second Schedule to this Act, which relate to minor ^ n ^ of 
details, shall be made in the provisions of the Housing Housing 
Acts specified in the first column of that Schedule, and c B ' 
section sixty-three of the principal Act (which relates to 

the disqualification of tenants of lodging-houses on receiv- 
ing poor relief) shall be repealed. 

Definitions. 

47 (1) Any provisions of this Act which supersede or Provisions 
amend any provisions of the principal Act shall be deemed 



to be part of that Part of the principal Act in which the deemed to 
provisions superseded or amended are contained. 



390 HOUSING, TOWN PLANNING, Ac., ACT, 1909. 

Sec. 47. (2) Any reference in the Housing Acts to a closing 
the appro- order or to an order for the demolition of a building shall 
of the prin- be construed as a reference to a closing order or an order 
cipai Act. O f demolition under this Act. 

Amend- 48 The expression " street " shall, unless the context 
definitions otherwise requires, have the same meaning in Part I. of 

he P rinci P al Act as ti h as in Part II of tnat Act > and 
Act. shall include any court, alley, street, square, or row of 
houses. 

Amend- 49 (1) The words " means any inhabited building 
definitions and " sna11 be omitted from the definition of " dwelling- 
** ^ )U . 1 , p 8e house " in section twenty-nine of the principal Act. 
of the (2) For the definition of owner in the same section the 

principal following definition shall be substituted : 

"The expression 'owner,' in addition to the definition 
given by the Lands Clauses Acts, includes all 
lessees or mortgagees of any premises required to 
be dealt with under this Part of this Act, except 
persons holding or entitled to the rents and profits 
of such premises under a lease the original term 
whereof is less than twenty-one years." 

5Q For the definition of cottage in section fifty-three of 
the principal Act the following definition shall be sub- 
stituted : 

The expression " cottage " in this Part of this Act may 
include a garden of not more than one acre. 

Definition^ 5^ J n this Part of this Act the expression " Housing 
Acts. Acts " means the principal Act, and any Act amending 
that Act, including this Act. 

Application of Part I. to Scotland. 

Extension 52 Subject as hereinafter provided, the Housing of the 
Vic 6 t 3 , & c 6 59 Working Classes Act, 1900, and the Housing of the 
and3 g Edw. Working Classes Act, 1903, shall as amended by this Act 
Scotland apply to Scotland. 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 391 

53 In addition to the provisions of the principal Act Appiica- 
respecting the application of that Act to Scotland, the Housing 
following provisions shall have effect in the application of Acts to 

i.u TT A n J.T j Scotland. 

the Housing Acts to Scotland : 

(1) The Local Government Board for Scotland (herein- 

after in this section 'referred to as the Board) shall, 
except as otherwise provided, be substituted for the 
Local Government Board, and shall also in Part 
III. of the principal Act as amended and in section 
five of the Housing of the Working Classes Act, 
1900, be substituted for the county council : 

(2) The Lord Advocate shall be substituted for the 

Attorney-General : 

(3) The expression "Public Health Acts'' means theeo&ei 

Public Health (Scotland) Act, 1897, and any Act vict "' 3 
amending the same. ^References to the Public 
Health Act, 1875, shall, unless the context other- 
wise requires, be construed as references to the 
Public Health (Scotland) Act, 1897, a reference to 
an order under section eighty-three of the Public 
Health (Scotland) Act, 1897, shall be substituted 
for a reference to a provisional order under section 
two hundred and seventy-nine of the Public Health 
Act, 1875, and a reference to section seventy-two of 
the Public Health (Scotland) Act, 1897, shall be 
substituted for a reference to section ninety of the 
Public Health Act 1875 : 

(4) The reference in section fifty-seven of the principal 

Act to sections of the Public Health Act, 1875, 
relating to the purchase of lands, shall be construed 
as a reference to the corresponding sections of the 
Public Health (Scotland) Act, 1897 : Provided that 
for the purposes of Part III. of the principal Act 
the procedure under section two of this Act for the 
compulsory purchase of land shall be substituted 
for the procedure for the compulsory purchase of 
land under section one hundred and forty-five of the 
Public Health (Scotland) Act, 1897 : 

(5) The district and the local authority for the purposes 

of the Public Health (Scotland) Act, 1897, shall 
respectively be the district and the local authority, 
and the public health general assessment shall be 



392 HOUSING, TOWN PLANNING, Ac., ACT, 1909. 

Sec. 53. the local rate, for the purposes of the Housing Acts ; 

provided that such local rate shall not be reckoned 
in any calculation as to the statutory limit of the 
public health general assessment ; and provided 
further that a local authority not being a town 
council may, where so authorised by the Board in 
terms of the Housing Acts, assess and levy such 
local rate upon all lands and heritages within one 
or more of the parishes or special districts com- 
prised in their district, to the exclusion of other 
parishes or special districts within the district : 

(6) A local authority may, with the consent of the 

Board, borrow money for the purposes authorised 
in the Housing Acts on the security of the local 
rate in the same manner, and subject to the same 
conditions as nearly as may be, as they may borrow 
for the provision of permanent hospitals under the 
Public Health (Scotland) Act, 1897 ; provided that 
all money so borrowed shall, notwithstanding the 
terms of section one hundred and forty-one of the 
said Act, be wholly repaid together with the accru- 
ing interest within such period not exceeding eighty 
years from the date of the loan as the Board may 
determine in each case : 

(7) The expressions "urban sanitary authority" and 

"rural sanitary authority" or "rural district 
council " mean respectively the local authority (for 
the purposes of the Public Health (Scotland) Act, 
1897) of a burgh and of a district not being a 
burgh, and the expressions " urban district " and 
"rural district " shall be construed accordingly : 

(8) The Acts relating to nuisances mean as respects 
60&61 any place the Public Health (Scotland) Act, 

S&'ss' 38 ' 1897 ' and the Local Government (Scotland) Act, 

vict., c.. 50 1889, and any act amending the same or either 

of them, and any local Act which contains any 

provisions with respect to nuisances in that 

place : 

(9) Except so far as inconsistent with the provisions of 

subsection (1) of section eighty-five of the principal 
Act, sections seven, eight, nine, and ten of the 
Public Health (Scotland) Act, 1897, shall apply for 



SOtfSING, TOWN PLANNING, &c., ACT, 1909. 393 

the purpose of local inquiries ordered by the See. 53. 
Board under the Housing Acts : 

(10) Section one, subsection (1) of section four, and 
section ten of the Housing of the Working Classes 
Act, 1903, shall not apply. In the last -mentioned 
Act sections three and twelve shall apply with the 
substitution of the date of the passing of this Act for 
the date of the passing of that Act, and the Schedule 
shall apply with the modifications specified in the 
Third Schedule to this Act : 

(11) Where a complaint is made to the Board 

(a) as respects the district of a local authority 
not being a town council, by the county council, 
or by the parish council or landward committee 
of any parish comprised in the district, or by 
any four inhabitant householders of the district ; 
or 

(b) as respects any other district by any four 
inhabitant householders of the district ; 

that the local authority have failed to exercise their 
powers under Part II. or Part III. of the principal 
Act in cases where those powers ought to have 
been exercised, the Board may cause a public local 
inquiry to be held, and if, after holding such an in- 
quiry, the Board are satisfied that there has been . . 
such a failure on the part of the local authority, it 
shall be lawful for the Board, with the approval of 
the Lord Advocate, to apply by summary petition 
to either Division of the Court of Session, or during 
vacation or recess to the Lord Ordinary on the Bills, 
which Division or Lord Ordinary are hereby 
authorised and directed to do therein and to dis- 
pose of the expenses of the proceedings as to the 
said Division or Lord Ordinary shall appear to be 
just. Section ten of this Act shall not apply : 

(12) Where it appears to the Board that a local authority 
have failed to perform their duty under the Hous- 
ing Acts of carrying out an improvement scheme 
under Part I. of the principal Act, or have failed to 
make, or if made, to give effect to, any order as re- 
spects an obstructive building, or any reconstruc- 
tion scheme, under Part II. of that Act, or have 



394 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

Sec. 53. failed to cause to be made the inspection of their 

district required by this Act, it shall be lawful for 
the Board to apply by summary petition to either 
Division of the Court of Session, or during vacation 
or recess to the Lord Ordinary on the Bills, which 
Division or Lord Ordinary are hereby authorised 
and directed as in the immediately preceding sub- 
section. Section eleven of this Act shall not apply : 

(13) Section twelve and section thirteen of this Act shall 
not apply : 

(14) Sections fifteen, seventeen, eighteen, and thirty- 
nine of this Act shall apply with the substitution 
(except as regards the making of or consenting to 
regulations) of the sheriff for the Local Government 
Board and of the Court of Session for the High 
Court ; provided that the reference to a public local 
inquiry shall not apply, and provided further that 
where an appeal is competent under any of these 
sections, an appeal shall not be competent under 
section thirty-five of the principal Act, and provided 
also that the power to make rules under section 
thirty-nine of this Act shall be exercised by the 
Court of Session by act of sederunt. Section one 

60&61 hundred and forty-six of the Public Health (Scot- 

land) Act, 1897 (prescribing the procedure if a local 
authority neglect its duty), shall have effect as if 
the duties imposed upon a local authority by sections 
seventeen and eighteen of this Act were duties 
imposed by that Act : 

(15) In the application to Scotland of section fourteen 
of this Act the limit of rent shall be sixteen pounds : 

(16) Eeferences to special expenses shall not apply : 

(17) " Overseers " means parish council, " paid into 
court " means "paid into bank," "as a civil debt 
in manner provided by the Summary Jurisdiction 
Acts " means in a summary manner. 

PAET II. 

TOWN PLANNING. 

54 (1) A town planning scheme may be made in accord- 
ance with the provisions of this Part of this Act as respects 



SOUSING, -TOWN PLANNING, AC., ACT, 1909. 395 

any land which is in course of development or appears likely Sec. 54, 
to be used for building purposes, with the general object ^ epa a - 
of securing proper sanitary conditions, amenity, and con- approval 
venience in connection with the laying out and use of the { l [jJ5 
land, and of any neighbouring lands. scheme. 

(2) The Local Government Board may authorise a local 
authority within the meaning of this Part of this Act to 
prepare such a town planning scheme with reference to 
any land within or in the neighbourhood of their area, if 
the authority satisfy the Board that there is a primd facie 
case for making such a scheme, or may authorise a local 
authority to adopt with or without any modifications, any 
such scheme proposed by all or any of the owners of any 
land with respect to which the local authority might 
themselves have been authorised to prepare a scheme. 

(3) Where it is made to appear to the Local Govern- 
ment Board that a piece of land already built upon, or a 
piece of land not likely to be used for building purposes, is 
so situated with respect to any land likely to be used for 
building purposes that it ought to be included in any town 
planning scheme made with respect to the last-mentioned 
land, the Board may authorise the preparation or adoption 
of a scheme including such piece of land as aforesaid, and 
providing for the demolition or alteration of any buildings 
thereon so far as may be necessary for carrying the scheme 
into effect. 

(4) A town planning scheme prepared or adopted by a 
local authority shall not have effect, unless it is approved 
by order of the Local Government Board, and the Board 
may refuse to approve any scheme except with such modi- 
fication and subject to such conditions as they think fit to 
impose. 

Provided that, before a town planning scheme is approved 
by the Local Government Board, notice of their intention 
to do so shall be published in the " London or Edinburgh 
Gazette," as the case may be, and, if within twenty-one 
days from the date of such publication any person or 
authority interested objects in the prescribed manner, the 
draft of the order shall be laid before each House of Parlia- 
ment for a period of not less than thirty days during the 
session of Parliament, and, if either of those Houses before 
the expiration of those thirty days presents an address to 



96 HOUSING, TOWN PLANNING, &c., AC*, 1309, 

Sec. 54. His Majesty against the draft, or any part thereof, no 
further proceedings shall be taken thereon, without pre- 
judice to the making of any new draft scheme. 

(5) A town planning scheme, when approved by the 
Local Government Board, shall have effect as if it were 
enacted in this Act. 

(6) A town planning scheme may be varied or revoked 
by a subsequent scheme prepared or adopted and approved 
in accordance with this Part of this Act, and the Local 
Government Board, on the application of the responsible 
authority, or of any other person appearing to them to be 
interested, may by order revoke a town planning scheme 
if they think that under the special circumstances of the 
case the scheme should be so revoked. 

(7) The expression " land likely to be used for building 
purposes " shall include any land likely to be used as, or 
for the purpose of providing, open spaces, roads, streets, 
parks, pleasure or recreation grounds, or for the purpose 
of executing any work upon or under the land incidental 
to a town planning scheme, whether in the nature of a 
building work or not, and the decision of the Local Govern- 
ment Board, whether land is likely to be used for building 
purposes or not, shall be final. 

55 (1) The Local Government Board may prescribe a 
set * g enera l provisions (or separate sets of general pro- 
schemes, visions adapted for areas of any special character) for 
carrying out the general objects of town planning schemes, 
and in particular for dealing with the matters set out in 
the Fourth Schedule to this Act, and the general provisions, 
or set of general provisions appropriate to the area for 
which a town planning scheme is made, shall take effect 
as part of every scheme, except so far as provision is 
made by the scheme as approved by the Board for the 
variation or exclusion of any of those provisions. 

(2) Special provisions shall in addition be inserted in 
every town planning scheme defining in such manner as 
may be prescribed by regulations under this Part of this 
Act the area to which the scheme is to apply, and the 
authority who are to be responsible for enforcing the 
observance of the scheme, and for the execution of any 
works which under the scheme or this Part of this Act 



HOUSING, TOWN PLANNING, ACT, &c., 1909. 397 

are to be executed by a local authority (in this Part of Sec. 55. 
this Act referred to as the responsible authority), and 
providing for any matters which may be dealt with by 
general provisions, and otherwise supplementing, excluding, 
or varying the general provisions, and also for dealing 
with any special circumstances or contingencies for which 
adequate provision is not made by the general provisions, 
and for suspending, so far as necessary for the proper 
carrying out of the scheme, any statutory enactments, by- 
laws, regulations, or other provisions, under whatever 
authority made which are in operation in the area included 
in the scheme : 

Provided that, where the scheme contains provisions 
suspending any enactment contained in a public general 
Act, the scheme shall not come into force unless a draft 
thereof has been laid before each House of Parliament for 
a period of not less than forty days during the session of 
Parliament, and, if either of those Houses before the ex- 
piration of those forty days presents an address to His 
Majesty against the proposed suspension no further pro- 
ceedings shall be taken on the draft, without prejudice to 
the making of any new scheme. 

(3) Where land included in a town planning scheme is 
in the area of more than one local authority, or is in the 
area of a local authority by whom the scheme was not 
prepared, the responsible authority may be one of those 
local authorities, or for certain purposes of the scheme one 
local authority and for certain purposes another local 
authority, or a joint body constituted specially for the 
purpose by the scheme, and all necessary provisions may 
be made by the scheme for constituting the joint body 
and giving them the necessary powers and duties : 

Provided that, except with the consent of the London 
County Council, no other local authority shall, as respects 
any land in the county of London, prepare or be responsible 
for enforcing the observance of a town planning scheme 
under this Part of this Act, or for the execution of any 
works which under the scheme or this Part of this Act 
are to be executed by a local authority. 

56 (1) The Local Government Board may make regu- 
lations for regulating generally the procedure to be adopted 



398 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

Sec. 56. with respect to applications for authority to prepare or 
Procedure adopt a town planning .scheme, the preparation of the 

regulations , r i_, i Ti_ ?K *a'j 

of the scheme, obtaining the approval of the Board to a scheme 
emmeS v " so P re P are ^ or adopted, and any inquiries, reports, notices, 
Board. or other matters required in connection with the prepara- 
tion or adoption or the approval of the scheme or pre- 
liminary thereto, or in relation to the carrying out of the 
scheme or enforcing the observance of the provisions 
thereof. 

(2) Provision shall be made by those regulations 
(a) for securing co-operation on the part of the local 
authority with the owners and other persons inter- 
ested in the land proposed to be included in the 
scheme at every stage of the proceedings, by means 
of conferences and such other means as may be 
provided by the regulations ; 

(6) for securing that notice of the proposal to prepare or 
adopt the scheme should be given at the earliest 
stage possible to any council interested in the 
land; and 

(c) for .dealing with the other matters mentioned in the 
Fifth Schedule to this Act. 

Power to 57 (1) The responsible authority may at any time, 
scheme a f^ er giving such notice as may be provided by a town 

planning scheme and in accordance with the provisions of 

the scheme 

(a) remove, pull down, or alter any building or other 

work in the area included in the scheme which is 
such as to contravene the scheme, or in the erection 
or carrying out of which any provision of the 
scheme has not been complied with ; or 

(b) execute any work which it is the duty of any person 

to execute under the scheme in any case where it 
appears to the authority that delay in the execution 
of the work would prejudice the efficient operation 
of the scheme. 

(2) Any expenses incurred by a responsible authority 
under this section may be recovered from the persons in 
default in such manner and subject to such conditions as 
may be provided by the scheme. 

(3) If any question arises whether any building or work 



HOUSING, TOWN PLANNING, Ac., ACT, 1909. 399 

contravenes a town planning scheme, or whether any pro- Sec. 57. 
vision of a town planning scheme is not complied with in 
the erection or carrying out of any such building or work, 
that question shall be referred to the Local Government 
Board, and shall, unless the parties otherwise agree, be de- 
termined by the Board as arbitrators, and the decision of 
the Board shall be final and conclusive and binding on all 
persons. 

58 (1) Any person whose property is injuriously affected compensa- 
by the making of a town planning scheme shall, if he^J tof 
makes a claim for the purpose within the time (if any) property 
limited by the scheme, not being less than three months a^ected by 
after the date when notice of the approval of the scheme gj eme ' 
is published in the manner prescribed by regulations made 
by the Local Government Board, be entitled to obtain 
compensation in respect thereof from the responsible au- 
thority. 

(2) A person shall not be entitled to obtain compensation 
under this section on account of any building erected on, or 
contract made or other thing done with respect to, land 
included in a scheme, after the time at which the applica- 
tion for authority to prepare the scheme was made, or after 
such other time as the Local Government Board may fix 
for the purpose. 

Provided that this provision shall not apply as respects 
any work done before the date of the approval of the 
scheme for the purpose of finishing a building begun or of 
carrying out a contract entered into before the application 
was made. 

(3) Where, by the making of any town planning scheme, 
any property is increased in value, the responsible author- 
ity, if they make a claim for the purpose within the time 
(if any) limited by the scheme (not being less than three 
months after the date when notice of the approval of the 
scheme is first published in the manner prescribed by re- 
gulations made by the Local Government Board), shall 
be entitled to recover from any person whose property 
is so increased in value one-half of the amount of that 
increase. 

(4) Any question as to whether any property is injuri- 
ously affected or increased in value within the meaning of 



400 HOUSING, TOWN PLANNING, &c., ACT, 1909. 



Sec. 58. this section, and as to the amount and manner of pay- 
ment (whether by instalments or otherwise) of the sum 
which is to be paid as compensation under this section 
or which the responsible authority are entitled to recover 
from a person whose property is increased in value, shall 
be determined by the arbitration of a single arbitrator ap- 
pointed by the Local Government Board, unless the parties 
agree on some other method of determination. 

(5) Any amount due under this section as compensation 
to a person aggrieved from a responsible authority, or to 
a responsible authority from a person whose property is 
increased in value, may be recovered summarily as a civil 
debt. 

(6) Where a town planning scheme is revoked by an 
order of the Local Government Board under this Act, any 
person who has incurred expenditure for the purpose of 
complying with the scheme shall be entitled to compensa- 
tion in accordance with this section in so far as any such 
expenditure is rendered abortive by reason of the revoca- 
tion of the scheme. 



Exclusion 



cer ?a\n 
cases. 



59 (1) Where property is alleged to be injuriously 
a ff ec t e d by reason of any provisions contained in a town 
planning scheme, no compensation shall be paid in respect 
thereof if or so far as the provisions are such as would have 
b een enforceable if they had been contained in by-laws 
made by the local authority. 

(2) Property shall not be deemed to be injuriously 
affected by reason of the making of any provisions inserted 
in a town planning scheme, which, with a view to securing 
the amenity of the area included in the scheme or any 
part thereof, prescribe the space about buildings or limit 
the number of buildings to be erected, or prescribe the 
height or character of buildings, and which the Local 
Government Board, having regard to the nature and situa- 
tion of the land affected by the provisions, consider reason- 
able for the purpose. 

(3) Where a person is entitled to compensation under 
this Part of this Act in respect of any matter or thing, and 
he would be entitled to compensation in respect of the 
same matter or thing under any other enactment, he shall 
not be entitled to compensation in respect of that matter 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 401 

or thing both under this Act and under that other enact- Sec. 59. 
ment, and shall not be entitled to any greater compensa- 
tion under this Act than he would be entitled to under the 
other enactment. 

60 (1) The responsible authority may, for the purpose Acquisi- 
of a town planning scheme, purchase any land comprised iocai by 
in such scheme by agreement, or be authorised to purchase authorities 
any such land compulsorily in the same manner and sub- comprised 
ject to the same provisions (including any provision 
authorising the Local Government Board to give directions 
as to the payment and application of any purchase money 
or compensation) as a local authority may purchase or be 
authorised to purchase land situate in an urban district for 
the purposes of Part III. of the Housing of the Working 
Classes Act, 1890, as amended by sections two and forty- 
five of this Act. 

(2) Where land included within the area of a local 
authority is comprised in a town planning scheme, and 
the local authority are not the responsible authority, the 
local authority may purchase or be authorised to purchase 
that land in the same manner as the responsible authority. 

61 (1) If the Local Government Board are satisfied on Powers of 
any representation, after holding a public local inquiry, SS 1 e Si OV ~ 
that a local authority Board in 

(a) have failed to take the requisite steps for having a default of 

satisfactory town planning scheme prepared and authority 
approved in a case where a town planning scheme to make or 
ought to be made ; or fJwn Ute 

(b) have failed to adopt any scheme proposed by owners panning 

f i -i i ,11 i j i scheme. 

of any land in a case where the scheme ought to be 
adopted ; or 

(c) have unreasonably refused to consent to any modifi- 

cations or conditions imposed by the Board ; 
the Board may, as the case requires, order the local 
authority to prepare and submit for the approval of the 
Board such a town planning scheme, or to adopt the 
scheme, or to consent to the modifications or conditions 
so inserted : 

Provided that, where the representation is that a local 
authority have failed to adopt a scheme, the Local Govern- 

26 



402 HOUSING, TOWN PLANNING, Ac., ACT, 1909. 

Sec. 61. ment Board, in lieu of making such an order as aforesaid, 
may approve the proposed scheme, subject to such modfi- 
cations or conditions, if any, as the Board think fit, and 
thereupon the scheme shall have effect as if it had been 
adopted by the local authority and approved by the Board. 

(2) If the Local Government Board are satisfied on any 
representation, after 'holding a local inquiry, that a respon- 
sible authority have failed to enforce effectively the obser- 
vance of a scheme which has been confirmed, or any 
provisions thereof, or to execute any works which under 
the scheme or this Part of this Act the authority is 
required to execute, the Board may order that authority 
to do all things necessary for enforcing the observance of 
the scheme or any provisions thereof effectively, or for 
executing any works which under the scheme or this Part 
of this Act >the authority is required to execute. 

(3) Any order under this section may be enforced by 
mandamus. 



Deter- g 62 Where the Local Government Board are authorised 
^Y tn ^ s -^ art * ^is Act or any scheme made thereunder to 
determine any matter, it shall, except as otherwise ex- 
pressly provided by this Part of this Act, be at their option 
J determine the matter as arbitrators or otherwise, and, 
if they elect or are required to determine the matter as 
arbitrators, the provisions of the Eegulation of Eailways 

Viet., c. 119. Act, 1868, respecting arbitrations by the Board of Trade, 
and the enactments amending those provisions, shall apply 
as if they were herein re-enacted and in terms made ap- 
plicable to the Local Government Board and the deter- 
mination of the matters aforesaid. 



by Local 

ment rn 
Board. 



31 & 32 



inquiries 
by Local 

ment 
Board. 



Laying 



before 



63 Section eighty-five of the Housing of the Working 
Classes Act, 1890 (which relates to inquiries by the Local 
Government Board), as amended by this Act, shall apply 
or anv p Ur p 0ses o f t n j s Part of this Act as it applies for 
the purpose of the execution of the powers and duties of 
the Local Government Board under that Act. 

64 All general provisions made under this Part of this 
^ ct s ^ a ^ ke laid as soon as may be before Parliament, and 
the Eules Publication Act, 1893, shall apply to such pro- 



HOUSING, TOWN PLANNING, <fco., ACT, 1909. 403 
visions as if they were statutory rules within the meaning Sec. 64. 

Of Section One Of that Act. Parlia- 

ment. 
55&5T 

65 (1) For the purposes of this Part of this Act the vict - c - 86 - 

,, i i , i , ,1 -i ,. Definition 

expression "local authority means the council of any O f local 
borough or urban or rural -district. andex?^' 

(2) Any expenses incurred by a local authority under penses. 
this Part of this Act, or any scheme made thereunder, 
shall be defrayed as expenses of the authority under the 
Public Health Acts, and the authority may borrow, for 

the purposes of this Part of this Act, or any scheme made 
thereunder, in the same manner and subject to the same 
provisions as they may borrow for the purposes of the 
Public Health Acts. 

(3) Money borrowed for the purposes of this Part of this 
Act, or any scheme made thereunder, shall not be reckoned 
as part of the debt of a borough or urban district for the 
purposes of the limitation on borrowing under subsections 
(2) and (3) of section two hundred and thirty-four of the 
Public Health Act, 1875. 

66 (1) This Part of this Act shall apply to the adminis- Appiica- 
trative county of London, and, as respects that county, the Condon 
London County Council shall be the local authority. 

(2) Any expenses incurred by the London County 
Council shall be defrayed out of the general county rate, 
and any money may be borrowed by the Council in the 
same manner as money may be borrowed for general 
county purposes. 

67 This Part of this Act shall apply to Scotland subject Appiica- 
to the following modifications : Part n to 

(1) The Local Government Board for Scotland (herein- Scotland. 

after referred to as the Board) shall be substituted 
for the Local Government Board, and shall for 
the purposes of this Part of this Act have the 
same powers of local inquiry as for the purposes of 
the Housing Acts as defined in Part I. of this Act. 

(2) Subsection (1) and subsection (3) of the section of 
this Part of this Act which relates to the definition 
of local authority and expenses shall not apply. 

(3) The local authority and the area of such authority 



404 HOUSING, TOWN PLANNING, Ac., ACT, 1909. 

Sec. 67. for the purposes of this Part of this Act shall 

respectively be the local authority for the purposes 
of the Housing Acts as denned in Part I. of this 
Act, and the district of that authority. 

(4) References to the Public Health Acts shall be con- 

strued as references to the Housing Acts as defined 
in Part I. of this Act. 

(5) Any local rate for the purposes of this Part of this 

Act (including the purposes of any loan) shall not 
be reckoned in any calculation as to the statutory 
limit of the Public Health General assessment. 

(6) The Board shall not themselves make an order under 
'section sixty-one of this Act on any authority, but 

in lieu thereof it shall be lawful for the Board, after 
holding a local inquiry at which the authority shall 
have had an opportunity of being heard, and with 
the approval of the Lord Advocate, to apply for such 
an order by summary petition to either Division of 
the Court of Session, or during vacation or recess 
to the Lord Ordinary on the Bills, which Division 
or Lord Ordinary are hereby authorised and directed 
to do therein and to dispose of the expenses of the 
proceedings as to the said Division or Lord Ordinary 
shall appear to be just. 

(7) In any proceedings under this Part of this Act the 

Board shall have regard to the powers, and jurisdic- 
tion of the dean of guild court in burghs. 

(8) The provision respecting the Rules Publication Act, 

1893, shall have effect as if section one of that Act 
applied to Scotland, with the substitution of the 
" Edinburgh Gazette " for the " London Gazette ". 

PART III. 

COUNTY MEDICAL OFFICERS, COUNTY PUBLIC 
HEALTH AND HOUSING COMMITTEE, &c. 

Appoint- 68 (1) Every county council shall appoint a medical 



, officer of health under section seventeen of the Local 

CIU.L168, &I1Q - _ _ 

tenure of Government Act, 1888. 



(2) The duties of a medical officer of health of a county 
medical ^^ b e suc h duties as may be prescribed by general order 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 405 

of the Local Government Board and such other duties as Sec. 68. 
may be assigned to him by the county council. a 106 ^ 8 ' 

(3) The power of county councils and district councils vict., c. 41. 
under the said section to make arrangements with respect 

to medical officers of health shall cease, without prejudice 
to any arrangement made previously to the date of the 
passing of this Act. 

(4) The medical officer of health of a county shall, for 
the purposes of his duties, have the same powers of entry 
on premises as are conferred on a medical officer of health 
of a district by or under any enactment. 

(5) A medical officer of health of a county shall be re- 
moveable by the county council with the consent of the 
Local Government Board and not otherwise. 

(6) A medical officer of health of a county shall not be 
appointed for a limited period only : 

Provided that the county council may, with the sanction 
of the Local Government Board, make any temporary 
arrangement for the performance of all or any of the duties 
of the medical officer of health of the county, and any 
person appointed by virtue of any such arrangement to 
perform those duties or any of them shall, subject to the 
terms of his appointment, have all the powers, duties, and 
liabilities of the medical officer of health of the county. 

(7) A medical officer of health appointed after the passing 
of this Act under the said section as amended by this 
section shall not engage in private practice, and shall not 
hold any other public appointment without the express 
written consent of the Local Government Board. 

(8) An order under this section prescribing the duties 
of medical officers of health of a county shall be com- 
municated to the county council and shall be laid before 
Parliament as soon as may be after it is made, and, if an 
address is presented to His Majesty by either House of 
Parliament within the next subsequent twenty-one days 
on which that house has sat next after the order is laid 
before it praying that the order may be annulled, His 
Majesty in Council may annul the order and it shall 
thenceforward be void, but without prejudice to the 
validity of anything previously done thereunder. 

69 (1) The clerk of a rural district council shall for- 



406 HOUSING, TOWN PLANNING, &c., ACT, 1909. 



Sec. 69. 

Duty of 
clerk and 
medical 
officer of 
health of 
district 
council to 
furnish 
informa- 
tion to 
medical 
officer of 
health of 
county 
council. 



ward to the medical officer of health of the county a copy 
of any representation, complaint, or information, a copy of 
which it is the duty of the district council to forward 
to the county council under section forty- five of the 
Housing of the Working Classes Act, 1890 (which relates 
to the powers of county councils). 

(2) The medical officer of health of a district shall give 
to the medical officer of health of the county any in- 
formation which it is in his power to give, and which the 
medical officer of health of the county may reasonably 
require from him for the purpose of his duties prescribed 
by the Local Government Board. 

(3) If any dispute or difference shall arise between the 
clerk or the medical officer of health of a district council 
and the medical officer of health of a county council under 
this section, the same shall be referred to the Local 
Government Board, whose decision shall be final and 
binding. 

(4) If the clerk or medical officer of health of a district 
council fails to comply with the provisions of this section, 
he shall on information being laid by the county council, 
but not otherwise, be liable on summary conviction in 
respect of each offence to a fine not exceeding ten pounds. 



Partin f ^ ^e foregoing provisions of this Part of this Act 
shall not apply to Scotland or, except subsection (4) of 
section sixty-eight, to the administrative county of London, 
and, in the application of the said subsection to London, 
the reference to a medical officer of health of a district 
shall be construed as a reference to the medical officer of 
health of a metropolitan borough. 

Puttie 71 (1) Every county council shall establish a public 

uousing an health and housing committee, and all matters relating to 

of country * tne exerc i se an< ^ performance by the council of their powers 

councils, and duties as respects public health and the housing of the 

working classes (except the power of raising a rate or 

borrowing money) shall stand referred to the public 

health and housing committee, and the council, before 

exercising any such powers, shall, unless in their opinion 

the matter is urgent, receive and consider the report of the 

public health and housing committee with respect to the 



HOUSING, TOWN PLANNING, Ac., ACT, 1909. 407 

matter in question, and the council may also delegate to Sec. 71. 
the public health and housing committee, with or without 
restrictions or conditions as they think ;fit, any< of their 
powers as respects public health and the housing of the 
working classes, except the power of raising a rate or borrow- 
ing money and except any power of resolving* that J the 
powers of a district council in default should be transferred 
to the council. 

(2) This section shall not apply to Scotland or the 
London County Council. 

72 (1) The county council may promote the forma- Formation 
tion or extension of and may, subject to the provisions of JJPj^ **f u ~ 
this section, assist societies on a co-operative^basis, (having building 
for their object or one of their objects the erection or im- 80cieties 
provement of dwellings for the working classes. 

(2) The county council, with the consent of and subject 
to the regulations made by the Local Government Board, 
may for the purpose of assisting a society make grants or 
advances to the society, or guarantee advances made to 
the society, upon such terms and conditions as to rate 
of interest and repayment, or otherwise, and on such 
security, as the council think fit, and the making of such 
grants or advances shall be a purpose for which a council 
may borrow : 

Provided that the regulations of the Board shall provide 
that any such advance made on the security of any pro- 
perty shall not exceed two-thirds of the value of that 
property. 

PART IV. 
SUPPLEMENTAL. 

73 (1) Where any scheme or order under the Housing Provision 
Acts or Part II. of this Act authorises the acquisition or "J^^g 
appropriation to any other purpose of any land forming and open 
part of any common, open space, or allotment, the scheme spaces> 
or order, so far as it relates to the acquisition or appro- 
priation of such land, shall be provisional only, and shall 
not have effect unless and until it is confirmed by Parlia- 
ment, except where the scheme or order provides for 



408 HOUSING, TOWN PLANNING, &o., ACT, 1909. 

Sec. 73. giving in exchange for such land other land, not being less 
in area, certified by the Local Government Board after 
consultation with the Board of Agriculture and Fisheries 
to be equally advantageous to the persons, if any, entitled 
to commonable or other rights and to the public. 

(2) Before giving any such certificate the Board shall 
give public notice of the proposed exchange, and shall 
afford opportunities to all persons interested to make re- 
presentations and objections in relation thereto, and shall, 
if necessary, hold a local inquiry on the subject. 

(3) Where any such scheme or order authorises such 
an exchange, the scheme or order shall provide for vesting 
the land given in exchange in the persons in whom the 
common or open space was vested, subject to the same 
rights, trusts, and incidents as attached to the common or 
open space, and for discharging the part of the common, 
open space, or allotment acquired or appropriated from all 
rights, trusts, and incidents to which it was previously 
subject. 

(4) For the purposes of this Act the expression 
" common " shall include any land subject to be enclosed 
under the Inclosure Acts, 1845 to 1882, and any town or 
village green ; the expression " open space " means any 
land laid out as a public garden or used for the purposes 
of public recreation, and any disused burial ground ; and 
the expression " allotment " means any allotment set out 
as a fuel allotment or a field garden allotment under an 
Inclosure Act. 

Provisions 74 (1) Where any land proposed to bedncluded in any 
fnne/gh-* 1 scheme or order to be made under the Housing Acts or 
bourhood Part II. of this Act, or any land proposed to be acquired 
pafaoes 1 under the Housing Acts or Part II. of this Act, is situate 
or parks, within the prescribed distance from any of the royal 
palaces or parks, the local authority shall, before prepar- 
ing the scheme or order or acquiring the land, communi- 
cate with the Commissioners of Works, and the Local 
Government Board shall, before confirming the scheme or 
order or authorising the acquisition of the land or the 
raising of any loan for the purpose, take into consideration 
any recommendations they may have received from the 
Commissioners of Works with reference to the proposal, 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 409 

(2) For the purposes- of this section " prescribed " Sec. 74. 
means prescribed by regulations made by the Local 
Government Board after consultation with the Commis- 
sioners of Works. 

75 The enactments mentioned in the Sixth Schedule Repeal, 
to this Act are hereby repealed to the extent specified in 
the third column of that schedule. 

76 (1) This Act may be cited as the Housing, Town Short title 
Planning, &c., Act, 1909, and Part I. of this Act shall be an 
construed as one with the Housing of the Working Classes 
Acts, 1890 to 1903, and that Part of this Act and those 
Acts may be cited together as the Housing of the Working 
Classes Acts, 1890 to 1909. 

(2) This Act shall not extend to Ireland. 

SCHEDULES. 

FIEST SCHEDULE. Sec. 2. 

PROVISIONS AS TO THE COMPULSORY ACQUISITION OF LAND 
BY A LAND AUTHORITY FOR THE PURPOSES OF PART 
III. OF THE HOUSING OF THE WORKING CLASSES ACT, 
1890. 

(1) Where a local authority propose to purchase land 
compulsorily under this Act, the local authority may sub- 
mit to the Board an order putting in force as respects the 
land specified in the order the provisions of the Lands 
Clauses Acts with respect to the purchase and taking of 
land otherwise than by agreement. 

(2) An order under this schedule shall be of no force un- 
less and until it is confirmed by the Board, and the Board 
may confirm the order either without modification or sub- 
ject to such modifications as they think fit, and an order 
when so confirmed shall, save as otherwise expressly pro- 
vided by this schedule, become final and have effect as if 
enacted in this act ; and the confirmation by the Board 
shall be conclusive evidence that the requirements of this 
Act have been complied with, and that the order has been 
duly made and is < within the powers of this Act. 



410 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

(3) In determining the amount of any disputed com- 
pensation under any such order, no additional allowance 
shall be made on account of the purchase being compulsory. 

(4) The order shall be in the prescribed form, and shall 
contain such provisions as the Board may prescribe for 
the purpose of carrying the order into effect, and of pro- 
tecting the local authority and the persons interested in 
the land, and shall incorporate, subject to the necessary 
adaptations, the Land Clauses Act (except section one 

8&9Vict.. hundred and twenty-seven of the Lands Clauses Con- 
8& 8 9'vict solidation Act, 1845) and sections seventy-seven to eighty- 
c. 20. ' five of the Railways Clauses Consolidation Act, 1845, but 
subject to this modification, that any question of disputed 
compensation shall be determined by a single arbitrator 
appointed by the Board, who shall be deemed to be an 
arbitrator within the meaning of the Lands Clauses Acts, 
and the provisions of those Acts with respect to arbitra- 
tion shall, subject to the provisions of this schedule, apply 
accordingly. 

(5) The order shall be published by the local authority 
in the prescribed manner, and such notice shall be given 
both in the locality in which the land is proposed to be 
acquired, and to the owners, lessees, and occupiers of that 
land as may be prescribed. 

(6) If within the prescribed period no objection to the 
order has been presented to the Board by a person inter- 
ested in the land, or if every such objection has been with- 
drawn, the Board shall, without further inquiry, confirm 
the order, but, if such an objection has been presented 
and has not been withdrawn, the Board shall forthwith 
cause a public inquiry to be held in the locality in which 
the land is proposed to be acquired, and the local authority 
and all persons interested in the land and such other 
persons as the person holding the inquiry in his discretion 
thinks fit to allow shall be permitted to appear and be 
heard at the inquiry. 

(7) Where the land proposed to be acquired under the 
order consists of or comprises land situate in London, 
or a borough, or urban district, the Board shall appoint 
an impartial person, not in the employment of any Govern- 
ment Department, to hold the inquiry as to whether the 
land proposed to be acquired is suitable for the purposes 



HOUSING, TOWN PLANNING. &c., ACT, 1909. 411 

for which it is sought to be acquired, and whether, having 
regard to the extent or situation of the land and the pur- 
poses for which it is used, the land can be acquired with- 
out undue detriment to the persons interested therein 
or the owners of adjoining land, and such person shall 
in England have for the purpose of the inquiry all the 
powers of an inspector of the Local Government Board, 
and, if he reports that the land, or any part thereof, is 
not suitable for the purposes for which it is sought to be 
acquired, or that owing to its extent or situation or the 
purpose for which it is used it cannot be acquired without 
such detriment as aforesaid, or that it ought not to be 
acquired except subject to the conditions specified in his 
report, then, if the Local Government Board confirm the 
order in respect of that land, or part thereof, or, as the 
case may require, confirm it otherwise than subject to 
such modifications as are required to give effect to the 
specified conditions, the order shall be provisional only, 
and shall not have effect unless confirmed by Parliament. 
Where no part of the land is so situated as aforesaid, 
before confirming the order, the Board shall consider the 
report of the person who held the inquiry, and all objec- 
tions made thereat. 

(8) The arbitrator shall, so far as practicable, in assess- 
ing compensation act on his own knowledge and experience, 
but, subject as aforesaid, at any inquiry or arbitration held 
under this schedule the person holding the inquiry or 
arbitration shall hear, by themselves or their agents, any 
authorities or parties authorised to appear, and shall hear 
witnesses, but shall not, expect in such cases as the Board 
otherwise direct, hear council or expert witnesses. 

(9) The Board may, with the concurrence of the Lord 
Chancellor, make rules fixing a scale of costs to be ap- 
plicable on an arbitration under this schedule, and an 
arbitrator under this schedule may, notwithstanding any- 
thing in the Lands Clauses Acts, determine the amount 
of costs, and shall have power to disallow as costs in the 
arbitration the costs of any witness whom he considers to 
have been called unnecessarily and any other costs which he 
considers to have been caused or incurred unnecessarily. 

(10) The remuneration of an arbitrator appointed under 
this schedule shall be fixed by the Board. 



412 HOUSING, TOWN PLANNING, &c., ACT, 1909. 

(11) In construing for the purposes of this schedule or 
any order made thereunder, any enactment incorporated 
with the order, this Act together with the order shall be 
deemed to be the special Act, and the local authority shall 
be deemed to be the promoters of the undertaking. 

(12) Where the land is glebe land or other land belong- 
ing to an ecclesiastical benefice, the order shall provide 
that sums agreed upon or awarded for the purchase of the 
land, or to be paid by way of compensation for the damage 
to be sustained by the owner by reason of severance or 
other injury affecting the land, shall not be paid as directed 
by the Lands Clauses Acts, but shall be paid to the 
Ecclesiastical Commissioners to be applied by them as 
money paid to them upon a sale, under the provisions of 
the Ecclesiastical Leasing Acts, of land belonging to a 
benefice. 

(13) In this schedule the expression " Board " means 
the Local Government Board, and the expression " pre- 
scribed " means prescribed by the Board. 

(14) The provisions of this schedule, except those relat- 
ing to land belonging to an ecclesiastical benefice, shall 
apply to Scotland, subject to the following modifications : 

(a) for the reference to section one hundred and twenty- 
seven of the Lands Clauses Consolidation Act, 1845, 
there shall be substituted a reference to section one 

8 & 9 Viet.. hundred and twenty of the Lands Clauses Consoli- 

Ct 19t dation (Scotland) Act, 1845, and for the reference 

to sections seventy-seven to eighty-five of the Eail- 
ways Clauses Consolidation Act, 1845, there shall 
be substituted a reference to sections seventy to 

s & 9 viot.. seventy-eight of the Railways Clauses Consolidation 

c ' 33 ' (Scotland) Act, 1845 ; 

(6) for references to an arbitrator there shall be sub- 
stituted references to an arbiter ; 

(c) for the references to the Lord Chancellor there shall 

be substituted a reference to the Lord Advocate ; 

(d) for the reference to the Local Government Board 

there shall be substituted a reference to the Local 
Government Board for Scotland, and for the refer- 
ence to a borough or urban district there shall be 
substituted a reference to a burgh. 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 

SECOND SCHEDULE. 
MINOR AMENDMENTS OF HOUSING ACTS. 



413 



Sec. 46- 



Enactment to be 
amended. 



Housing of the Work- 
ing Classes Act, 1890 
(53 & 54 Viet., c. 70). 

Section 23 - 



Section 34 - 
Section 35 - 

Section 38 (1) (a) 
Section 38 (7) 

Section 39 (8) 

Section 40 - 

Section 85 - 
Section 88 - 
Section 89- - 



Nature of Amendment. 



After the word " displaced " the words "in 
consequence of " shall be substituted for 
the word " by ". 

The words "the order becomes operative " 
shall be substituted for the words " ser- 
vice of the order ". 

The words " if he is not entitled to appeal 
to the Local Government Board against 
the order" shall be inserted after the 
word " may " where it first occurs. 

The words " or impedes " shall be inserted 
after the word " stops ". 

The words "house or other building or 
manufactory" shall be substituted for 
the words " house or manufactory" 
where ever they occur in that subsection. 

The words " as amended by any subsequent 
Act " shall be inserted after the word 
"Act" where it first occurs, and the 
words " to the power of the Local Govern- 
ment Board to enforce that duty " shall 
be inserted after the word " execution ". 

After the word " displaced " the words " in 
consequence of" shall be substituted for 
the word "by". 

The words " powers and " shall be inserted 
before the word " duties ". 

The words " or Part III." shall be inserted 
after the words " Part II.". 

After the word " Act " where it first occurs 
the words " or any person authorised to 
enter dwelling-houses, premises, or, 
buildings in pursuance of this Act " shall 
be inserted ; the words " authority or 
person " shall be substituted for the 
words " or authority," and the word 
" he " shall be substituted for the words 
" such person ". 



414 HOUSING, TOWN PLANNING, &c., ACT, 1909. 
Sec. 63. THIED SCHEDULE. 

MODIFICATIONS OF THE SCHEDULE TO THE HOUSING OF 
THE WORKING CLASSES ACT, 1903, IN ITS APPLICA- 
TION TO SCOTLAND. 

In the above-mentioned schedule, as applying to Scot- 
land, the expression " district within the meaning of the 
Public Health (Scotland) Act, 1897," shall be substituted 
for the expressions "borough/' "urban district," and 
" parish " respectively ; " Local Government Board for 
Scotland " shall be substituted for " Local Government 
Board"; every such appropriation of lands shall be re- 
corded as a real burden affecting such lands in the appro- 
priate register of sasines " shall be substituted for " every 
conveyance, demise, or lease of any such lands shall be 
endorsed with notice of this provision " ; " subsections 
one and three (with the substitution of the Local Govern- 
ment Board for Scotland for the Secretary for Scotland) 
of section ninety-three of the Local Government (Scotland) 
Act, 1889," shall be substituted for " subsections one and 
five of section eighty-seven of the Local Government Act, 
1888," ; " Court of Session " shall be substituted for 
" High Court " ; " order of the Court of Session on the 
application of the Board " shall be substituted for " man- 
damus " ; and " local authority for the purposes of the 
Public Health (Scotland) Act, 1897, in whose district " 
shall be substituted for " council of any administrative 
county and the district council of any county district ; or 
in London the council of any metropolitan borough in 
which ". 

FOUETH SCHEDULE. 

MATTERS TO BE DEALT WITH BY GENERAL PROVISIONS 
PRESCRIBED BY THE LOCAL GOVERNMENT BOARD. 

Sec 55 ^' Streets, roa ds, and other ways, and stopping up, or 
diversion of existing highways. 

2. Buildings, structures, and erections. 

3. Open spaces, private and public. 

4. The preservation of objects of historical interest or 
natural beauty. 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 415 

5. Sewerage, drainage, and sewage disposal. Sec. 56. 

6. Lighting. 

7. Water supply. 

8. Ancillary or consequential works. 

9. Extinction or variation of private rights of way and 
other easements. 

10. Dealing with or disposal of land acquired by the 
responsible authority or by a local authority. 

11. Power of entry and inspection. 

12. Power of the responsible authority to remove, alter, 
or demolish any obstructive work. 

13. Power of the responsible authority to make agree- 
ments with owners, and of owners to make agreements 
with one another. 

14. Power of the responsible authority or a local au- 
thority to accept any money or property for the further- 
ance of the objects of any town planning scheme, and 
provision for regulating the administration of any such 
money or property and for the exemption of any assurance 
with respect to money or property so accepted from enrol- 
ment under the Mortmain and Charitable Uses Act, 1888. 51 & 52 

15. Application with the necessary modifications and vict - c - 42 - 
adaptations of statutory enactments. 

16. Carrying out and supplementing the provisions of 
this Act for enforcing schemes. 

17. Limitation of time for operation of scheme. 

18. Co-operation of the responsible authority with the 
owners of land included in the scheme or other persons 
interested by means of conferences, &c. 

19. Charging on the inheritance of any land the value 
of which is increased by the operation of a town planning 
scheme the sum required to be paid in respect of that in- 
crease, and for that purpose applying, with the necessary 
adaptations, the provisions of any enactments dealing with 
charges for improvements of land. 

FIFTH SCHEDULE. 

1. Procedure anterior to and for the purpose of an ap- Sec. 56. 
plication for authority to prepare or adopt a scheme : 

(a) Submission of plans and estimates ; 

(b) Publication of notices. 



416 HOUSING, TOWN PLANNING, &c. f ACT, 1909. 

Sec. 56- 2. Procedure during, on, and after the preparation or 
adoption and before the approval of the scheme : 

(a) Submission to the Local Government Board of the 
proposed scheme, with plans and estimates ; 

(b) Notice of submission of proposed scheme to the 

Local Government Board ; 

(c) Hearing of objections and representations by persons 

affected, including persons representing architec- 
tural or archaeological societies or otherwise in- 
terested in the amenity of the proposed scheme ; 

(d) Publication of notice of intention to approve scheme 

and the lodging of objections thereto. 

3. Procedure after the approval of the scheme : 

(a) Notice to be given of approval of scheme ; 

(b) Inquiries and reports as to the beginning and the 

progress and completion of works, and other action 
under the scheme. 

4. Duty, at any stage, of the local authority to publish 
or deposit for inspection any scheme or proposed scheme, 
and the plans relating thereto, and to give information to 
persons affected with reference to any such scheme or pro- 
posed scheme. 

5. The details to be specified in plans, including, wher- 
ever the circumstances so require, the restrictions on the 
number of buildings which may be erected on each acre, 
and the height and character of those buildings. 



Sec. 75. 



SIXTH SCHEDULE. 
ENACTMENTS EEPEALED. 



Session and 
Chapter. 



Short Title. 



Extent of Repeal. 



51 & 52 Viet., 
c. 41. 



53 & 54 Viet., 
c. 70. 



The Local Government 
Act, 1888. 



The Housing of the 
Working Classes Act, 
1890. 



Section seventeen, from 
" who shall not hold " to 
end of the section. 

The words " for sanitary pur- 
poses " in paragraph (a) of 
subsection (1) of section 

six. 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 417 



Session and 
Chapter. 



Short Title. 



Extent of Repeal. 



27 



Subsection (6) of section 
eight, and section nine. 

Subsection (5) of section 
twelve. 

Subsection (2) of section 
fifteen, including the pro- 
viso thereto. 

Sectionsseventeen, eighteen, 
and nineteen. 

In section twenty-five, the 
words at the end of the 
section "such loan shall 
be repaid within such 
period, not exceeding fifty 
years, as may be recom- 
mended by the confirming 
authority ". 

Sections twenty-seven and 
twenty- eight. 

In section twenty-nine, the 
words " means any in- 
habited building and " in 
the definition of "dwell- 
ing house ". 

Sections thirty-two and 
thirty-three. 

In section thirty-nine, the 
words " by agreement " in 
subsection (4) where those 
words first occur, and all 
after the word " sanc- 
tioned " to the end of that 
subsection ; subsections 
(5) and (6) ; the words " to 
costs to be awarded in 
certain oases by a Com- 
mittee of either House of 
Parliament" in subsec- 
tion (8); and subsection 
(9) from " Provided that " 
to the end. 

In subsection (3) of section 
forty-seven, the words 
" the time allowed under 
any order for the execution 
of any works or the de- 
molition of a building, 
or". 



418 HOUSING, TOWN PLANNING, &c., ACT, 1909. 



Session and 
Chapter. 



Short Title. 



Extent of Repeal. 



59 & 60 Viet., 
c. 31. 



63 & 64 Viet., 
c. 59. 



The Housing of the 
Working Classes Act, 
1890, Amendment 
(Scotland) Act, 1896. 

The Housing of the 
Working Classes Act, 
1900, 



In section fifty-three, sub- 
section (2). 

Section fifty-four, so far as 
unrepealed. 

Section fifty-five, so far as it 
applies to Scotland. 

Section sixty-three. 

Section sixty-five, from " and 
(iii) " to the nd of the 
section. 

In section sixty-six, the 
words "or special". 

Section seventy-seven. 

Section eighty-three. 

In section eighty-five, the 
words " not exceeding 
three guineas a day ". 

Section ninety-two, from 
"but in" to the end of 
the section. 

Subsection (3) except para- 
graph (c), and subsection 
(4) of section ninety- four. 

Subsections (1), (2), (7), (8), 
and (14) of section ninety- 
six. 

In subsection (3) of section 
ninety-seven the words 
" the time allowed under 
any order for the execu- 
tion of any works or the 
demolition of a building 
or". 

The First Schedule, so far as 
it applies to Scotland. 

The Third, Fourth, and 
Fifth Schedules. 

Section three. 



Sections two, six, and seven. 
In section eight the words 
"Scotland gr ", 



HOUSING, TOWN PLANNING, &c., ACT, 1909. 419 



Session and 
Chapter. 


Short Title. 


Extent of Repeal. 


3Edw.7,c.89. 


The Housing of the 
Working Classes Act, 
1908. 


Paragraphs (a) and (b) of 
subsection (2) of section 
five, sections six and eight, 
in section ten the words 
" in the manner provided 
by subsection three of 
section thirty-two of the 
principal Act," and sec- 
tion sixteen. 
In section seventeen the 
words " Scotland or ". 









420 



SECTION I. 

BY-LAWS AND KEGULATIONS 
RELATING TO BUILDINGS. 



SECTION PAGE 

1. London County Counoil 421-497 

2. Corporation of London 498-528 



421 



LONDON COUNTY COUNCIL. 
METROPOLIS LOCAL MANAGEMENT ACT, 1855. 

BY-LAW AS TO THE FORMATION OF 
NEW STREETS IN THE METROPOLIS. 

By-law made by the Metropolitan Board of Works, at a 
Meeting of the said Board, held at Guildhall, in the City of 
London, on the 17th day of March, in the year of our Lord 
1857, in and for the limits of the Metropolis, as denned by 
an Act passed in the Nineteenth year of the reign of Her 
present Majesty, " For the better Local Management of the 
Metropolis," and submitted to and confirmed at a subsequent 
meeting of the said Board, held at Guildhall aforesaid, in 
and for the limits aforesaid, on the 3rd day of April, in the 
year of our Lord 1857 ; and approved by the Bight Honor- 
able Sir George Grey, Baronet, one of Her Majesty's 
Principal Secretaries of State, pursuant 'to the said Act; 
and published this 1st day of May A.D. 1857. 

In pursuance of the Powers vested in the Metropolitan 
Board of Works, by the Act of Parliament passed 
in the Nineteenth year of the Reign of Her pre- 
sent Majesty, intituled, " An Act for the better 
Local Management of the -Metropolis, It is hereby 
ordered by the said Board as follows, that is to 
say : 

1. Four weeks at the least before any New Street shall 
be laid out, written Notice shall be given to the Metro- 
politan Board of Works, at their Office, Spring Gardens, in 
the County of Middlesex, by the person or persons intend- 



422 LONDON COUNTY COUNCIL. 

ing to lay out such New Street, stating the proposed level 
and width thereof, and accompanied by a Plan of the 
ground showing the local situation of the same. 

2. Forty feet at the least shall be the width of every New 
Street intended for carriage traffic; twenty feet at the 
least shall be the width of every New Street intended only 
for foot traffic : Provided that the said width, respectively, 
shall be construed to mean the width of the carriage and 
footway only, exclusive of any gardens, forecourts, open 
areas, or other spaces in front of the houses or buildings 
erected or intended to be erected in any street. 

3. Every New Street shall, unless the Metropolitan 
Board of Works otherwise consent in writing, have at the 
least two entrances of the full width of such Street, and 
shall be open from the ground upwards. 

4. The measurement of the width of every New Street 
shall be taken at a right angle to the course thereof, half 
on either side from the centre or crown of the roadway, to 
the external wall or front of the intended houses or build- 
ings on each side thereof ; but where forecourts or other 
spaces are intended to be left in front of the houses or 
buildings, then the width of the Street, as already denned, 
shall be measured from the centre line up to the fence, 
railing, or boundary dividing or intended to divide such 
forecourts, gardens, or spaces from the public way. 

5. The carriageway of every New Street must curve 
or fall from the centre or crown thereof at the rate of 
three-eighths of an inch, at the least, for every foot of 
breadth. 

6. In every New Street the kerb to each footpath must 
not be less than four nor more than eight inches above the 
channel of the roadway, except in the case of crossings, 
paved or formed, for the use of foot passengers ; and the 
slope of every footpath towards the kerb must be half an 
inch to every foot of width, if the footpath be unpaved, or 
not less than a quarter of an inch to every foot of width, 
if the footpath be paved. 

7. In this By-law the word " Street " shall be inter- 
preted to apply to and include any highway (except the 
carriageway of any turnpike road) and any road, public 
bridge (not being a county bridge), lane, footway, square, 
court, alley, or passage, whether a thoroughfare or not ; 



BY-LAW AS TO FORMATION OF NEW STREETS, &c. 423 

and a part of any such highway, road, bridge, lane, foot- 
way, square, court, alley, or passage. 

8. In case of any breach of the regulations contained in 
this By- Law, the offender shall be liable for each offence 
to a penalty of Forty Shillings ; and in case of a continu- 
ing offence to a further penalty of Twenty Shillings for 
each day after notice thereof from the Metropolitan Board 
of Works. 

By the 40th Section of the Local Government Act, 
1888, the powers of the Metropolitan Board of Works are 
transferred to the London County Council, and any notice 
which by the above By- Law is directed to be given to the 
Board must henceforth be given to the Council, and any 
consent which might have been given by the Board may 
be given by the Council, and any notice which might have 
been given under the said By-Law by the Board to an 
offender may be given by the Council. 



424 



BY-LAWS AND REGULATIONS. 

By-Laws made under Section 16 of the Metropolis Management 
and Building Acts Amendment Act, 1878. 



SECTION 

1. Repeal of previous by-laws ...... 425 

2. Foundations and sites of buildings .... 425, 426 

3. Description and quality of the substances of walls - 426, 427 
4- Duties of District Surveyors ..... 427, 428 
5. Fees to be paid to District Surveyors .... 428 
6- Deposit of plans and sections 428, 429 
7. Penalties and dispensation ...... 429 



LONDON COUNTY COUNCIL. 
BY-LAWS AND REGULATIONS. 

BY-LAWS MADE BY THE COUNCIL (ISra 
OCTOBEE, 1891) UNDEE SEC. 16 OF THE 
METEOPOLIS MANAGEMENT AND BUILD- 
ING ACTS AMENDMENT ACT, 1878. 

1 The heretofore subsisting by-laws made by the Repeal of 
Metropolitan Board of Works on the 3rd of October, 1879, g3S B 
and the 22nd of January, 1886, and confirmed by the 
Secretary of State for the Home Department on the 6th 
of October, 1879, and the 23rd of June, 1886, are hereby 
repealed, and in lieu thereof the following are made : 

2 No house, building, or other erection shall beFounda- 
erected upon any site or portion of any site which shall sites 8 of nd 
have been filled up or covered with any material im- buildings, 
pregnated or mixed with any faecal, animal, or vegetable 
matter, or which shall have been filled up or covered with 
dust, or slop, or other refuse, or in or upon which any 
such matter or refuse shall have been deposited, unless 
and until such matter or refuse shall have been properly 
removed, by excavation or otherwise, from such site. 
Any holes caused by such excavation must, if not used 
for a basement or cellar, be filled in with hard brick or 
dry rubbish, or concrete, or other suitable material to be 
approved by the District Surveyor. 

The site of every house or building shall be covered 
with a layer of good concrete, at least six inches thick, and 
smoothed on the upper surface. 

The foundations of the walls of every house or building 
shall be formed of a bed of good concrete, not less than 



426 



LONDON COUNTY COUNCIL. 



Sec. 2. nine inches thick, and projecting at least four inches on 
each side of the lowest course of footings of such walls. 
If the site be upon a natural bed of gravel, concrete may 
be omitted from the foundations of the walls, with the 
approval of the District Surveyor. 

The concrete must be composed of clean gravel, broken 
hard brick, properly burnt ballast, or other hard material 
to be approved by the District Surveyor, well mixed with 
freshly burnt lime or cement in the proportions of one of 
lime to six, and one of cement to eight of the other 
material. 



3 The external walls of every house, building, or other 
11, ( 
of good, hard, sound, well -burnt bricks, or 



Descrip- 

quaiity'of erection shall, except in the case of concrete buildings, be 

the sub- 
stances 
of walls. 



constructed 
stone. 

Similar bricks shall be used in the portions of party and 
cross-walls below the surface or level of the ground, and 
above the roof, including the chimney stacks. Cutters or 
malms may be used in arches over recesses and openings 
in, or for facings of, external walls. 

Stone used for the construction of walls must be free 
from vents, cracks, and sand-holes, and be laid on its 
natural bed. 

All brick and stone work shall be put together with 
good mortar or good cement. 

The mortar to be used must be composed of freshly 
burnt lime and clean sharp sand or grit, without earthy 
matter, in the proportions of one of lime to three of sand 
or grit. 

The cement to be used must be Portland cement, or 
other cement of equal quality, to be approved by the 
District Surveyor, mixed with clean sharp sand or grit in 
proportions of one of cement to four of sand or grit. 

Burnt ballast or- broken brick may be substituted for 
sand or grit, provided such material be properly mixed 
with lime in a mortar mill. 

Every wall of a house or building shall have a damp 
course composed of materials impervious to moisture, to 
be approved by the District Surveyor, extending through- 
out its whole thickness at the level of not less than six 
inches below the level of the lowest floor. Every external 



BY-LAWS AND REGULATIONS. 427 

wall or enclosing wall of habitable rooms or their appur- Sec. 3 
tenances or cellars which abuts against the earth shall be 
protected by materials impervious to moisture to the 
satisfaction of the District Surveyor. 

The top of every party wall and parapet wall shall be 
finished with one course of hard, well-burnt bricks set 
on edge in cement, or by a coping of any other waterproof 
and fire-resisting material, properly secured. 

Whenever concrete is used in the construction of walls, 
the concrete shall be composed of Portland cement and of 
clean Thames or pit ballast, or gravel, or broken brick or 
stone, or furnace clinkers, with clean sand in the following 
proportions, viz. one part of Portland cement, two parts of 
clean sand, and three parts of the coarse material, which is 
to be broken up sufficiently small to pass through a two- 
inch ring. 

The proportions of the materials to be strictly observed, 
and to be ascertained by careful admeasurement ; and the 
mixing either by machine or hand to be most carefully done 
with clean water, and, if mixed by hand, the material to be 
turned over dry before the water is added. 

The walls to be carried up regularly and in parallel frames 
of equal height, and the surface of the concrete filled in 
the frame to be left rough and uneven to form a key for 
the next frame of concrete. 

The thicknesses of concrete walls to be equal at the least 
to the thicknesses for walls to be constructed of brickwork 
prescribed by the twelth section of the Metropolitan Build- 
ing Act, 1855, and the first schedule referred to therein. 

Now the London Building Act, 1894, First Schedule, pages 149-158. 

Such portions of concrete party walls and chimney stacks 
as are carried above the roofs of buildings to be rendered 
externally with Portland cement. 

4 It shall be the duty of each District Surveyor, on Duties of 
receiving notice of the commencement of any house, build- 
ing, or other erection, or of any alteration or addition, or 
on his becoming aware that any house, building, or other 
erection, or any alteration or addition is being proceeded 
with, to see that the provisions of the foregoing by-laws are 
duly observed (except in cases where the London County 



428 



LONDON COUNTY COUNCIL. 



Sec. 4. Council may have dispensed with the observance thereof), 
and to see that the terms and conditions upon which any 
dispensation may have been granted are complied with. 

Pees to be 5 The District Surveyor shall, in respect of the erection 
District ^ anv house or other building, be entitled to receive the 
Surveyors. sum o f five shillings, the same to be taken and deemed to 
be a fee >due to such District Surveyor in respect of the 
duties imposed upon him by the Metropolis Management 
and Building Acts Amendment Act, 1878, and these by- 
laws ; such fees to be payable in the manner and at the 
time prescribed by Section 51 of the Metropolitan Build- 
ing Act, 1855. The District Surveyor shall also, in every 
case where, in respect of any breach of these by-laws, or 
of the above Act of Parliament, an application shall have 
been made by him to a justice, and an order made thereon, 
be in like manner entitled to receive the sum of ten 
shillings in addition to the before-mentioned fee of five 
shillings. 

There shall be paid to the District Surveyor, in respect 
of his supervision of any building constructed wholly or in 
part with concrete walls, a fee one-half more in amount 
than the fees to which he would be entitled under the 
Metropolitan Building Act, 1855, for a new building or 
addition. No additional fee is, however, to be charged in 
respect of any alteration to a concrete building. 

The London Building Act, 1894, Third Schedule, page 162, now 
allows additional fees for certain buildings. 

Deposit of 6 On notice being given to a District Surveyor of the 
sec5on? d mten ded erection, re-erection, alteration of, or addition to 
a public building, or a building to which Section 56 of the 
Metropolitan Building Act, 1855, applies, it shall be the 
duty of the person giving such notice to deposit plans and 
sections of such erection, re-erection, alteration, or ad- 
dition with the District Surveyor. Such plans and sec- 
tions shall be of sufficient detail to show the construction. 
On notice being given to the District Surveyor of the 
intended erection or alteration of or addition to any house, 
building, or other erection, other than a public building, or 
one to which Section 56 of the Metropolitan Building Act, 



BY-LAWS AND REGULATIONS. 429 

1855, applies, the District Surveyor may, if he think fit so Sec. 6. 
to do, by notice in writing, require the person giving such 
notice to produce a plan or plans and sections of any such 
house, building, or other erection, or of the intended altera- 
tions or additions thereto, for his inspection. 

The London Building Act, 1894, Section 145, page 112, sets forth 
the notices to be given to District Surveyor. 

7 In case of any breach of any of the provisions con- 
tained in these by-laws, the offender shall be liable for each 
breach to a penalty not exceeding five pounds, and in each 
case of a continuing offence, to a further penalty not ex- 
ceeding forty shillings for each day after notice of such 
offence from the London County Council or District 
Surveyor. 

In any case in which the Council think it expedient 
they may dispense with the observance of any of the fore- 
going by-laws, or any part thereof, upon such terms and 
conditions as they may think proper, and in case of the 
non-observance of any terms and conditions upon which 
the Council may have dispensed with the observance of 
any of the foregoing by-laws, then such proceedings may 
be taken, and such liabilities shall be incurred, as if the 
same had been enacted by such by-laws. 

The Seal of the London County Council 

was hereto affixed on the 13th day of (L. S.) 
October, 1891. 

H. DK LA HOOKE, 

Clerk of Council. 

I hereby confirm the foregoing by-laws. 

HENRY MATTHEWS, 

One of Her Majesty's principal Secretaries of State. 
WHITEHALL, 19th October, 1891. 



430 



BY-LAWS UNDER SEC. 31 OF THE 
LONDON COUNCIL (GENERAL 
POWERS) ACT, 1890. 

SECTION PAGE 

1. Description and quality of the substances of which 

plastering to be made 431 

2. As to the mode in which and the materials with which 

any excavation outside the site of a building is to be 

filled up 431,432 

3. Duties of District Surveyors - - - 432 

4. Fees to be paid to District Surveyors - - - 432 

5. Penalties 432 






431 



LONDON COUNTY COUNCIL. 

BY-LAWS MADE BY THE COUNCIL (ISra OCTO- 
BEE, 1891) UNDEESEC. 31 OF THE LONDON 
COUNCIL (GENEEAL POWEES) ACT, 1890. 

1 All laths used for plastering shall be sound laths Descrip- 
free from sap, but iron or other incombustible laths, wire-JJJS^f 
netting, or other suitable material to the satisfaction of foe sub- 
the District Surveyor may be used. which 80 

Plastering or coarse stuff shall be composed of lime and f^oto^ 
sand in the proportion of one of lime to three of sand, made, 
mixed with water and hair, but Portland cement, Keene's 
cement, Parian cement, Martin's cement, Selenitic cement, 
or other approved cement or plaster of Paris, may also be 
used for plastering. 

The lime to be used must be freshly burned lime. 

The sand to be used must be clean, sharp sand, free 
from loam or earthy matter. 

The hair to be used must be good and sound, and free 
from grease or dirt ; one pound of hair to be used to every 
three cubic feet of coarse stuff. Fibrous material to the 
satisfaction of the District Surveyor may be used instead 
of hair, and ground brick or furnace slag to the satisfaction 
of the District Surveyor may be used instead of sand. 

The setting coat shall be composed of lime or cement 
mixed with clean washed sand, or of cement only. 

Clear water only is to be used in mixing the material. 

The Portland cement to be used must weigh not less 
than ninety pounds to the imperial bushel. 

Fibrous slab or other slab plastering of sufficient thick- 
ness, and securely fixed, may be used on ceilings, parti- 
tions, and wall to the satisfaction of the District Surveyor. 

2 Any excavation made within a line drawn outside As to the 
the site of a house, building, or other erection, and at a^" 1 
uniform distance therefrom of three feet, shall not be^the^ 
filled up otherwise than with the natural soil, or with brick with which 
or dry rubbish, or other suitable material to be approved vatfon 
by the District Surveyor, not consisting of, nor impreg- outside the 



432 



LONDON COUNTY COUNCIL. 



Sec. 2. nated or mixed with any faecal, animal, or vegetable 
building is matter, or with dust or slop or other refuse, and shall be 
mied up. properly rammed. 

Duties of 3 It shall be the duty of each District Surveyor on 
surveyors rece i ym g notice of the commencement of any house, build- 
ing, or other erection, or on his becoming aware that any 
house, building, or other erection is being proceeded with, 
or that any excavation is being made within a line drawn 
outside the site of a house, building, or other erection, and 
within three feet therefrom, to see that the plastering is 
of the description and quality prescribed by, and that any 
excavation be filled up with the material and in the 
manner specified in the foregoing by-laws. 

Fees to be 4 There shall be paid to the District Surveyor in 

District res P ect of h* 8 supervision of the plastering of any house, 

Surveyors, building, or other erection, and in respect of the filling 

in of any excavation made outside the site of any house, 

building, or other erection, and within a distance of three 

feet therefrom, an inclusive fee of five shillings, such fee 

to be payable in the manner and at the time specified in 

Section 51 of the Metropolitan Building Act, 1855. 

Now the London Building Act, 1894, Section 157, pages 118, 119. 

Penalties. 5 In case of any breach of the provisions contained 
in these by-laws, the offender shall be liable for each 
offence to a penalty not exceeding five pounds, and, in each 
case of a continuing offence, to a further penalty not exceed- 
ing forty shillings for each day after notice of such offence 
from the London County Council or the District Surveyor. 

The Seal of the London County Council 

was hereto affixed on the 13th day of (L. S.) 
October, 1891. 

H. DB LA HOOKB, 

Clerk of the Council. 
I hereby confirm the foregoing by-laws. 
HENRY MATTHEWS. 

One of Her Majesty's principal Secretaries of State 
WHITEHALL, 19th October, 1891. 



433 

EEGULATIONS WITH EEGABD TO 
APPLICATIONS. 

Regulations with regard to Applications under the London Building 
Act, 1894 ; the London Building Act, 1894 (Amendment) Act, 
1898 ; Part III. of the London County Council (General Powers) 
Act, 1908 ; and Part IV. of the London County Council (General 
Powers) Act, 1909. 

SECTION PAGE 

1. General 434,435 

2. Plans, sections, and particulars required in each case - 435 

(a) Formation and laying out new streets adapta- 

tion of ways for streets and widening of streets, 

etc. 435,436 

(b) Buildings within the prescribed distance, and 

buildings in advance of the general line of build- 
ings, etc. 436 

(c) Open spaces at the rear of the domestic buildings, 

sec. 41 ; and open spaces about working-class dwell- 
ings not abutting upon a street 437 

(d) Deviations from certified plans of domestic build- 
ings previously existing on old sites - - - 437 

(e) Laying out new streets on a cleared area - 437, 438 

(/) Height of buildings 438 

(g) Recesses and openings in external walls and recesses 

in party walls 438 

(h) Timber in external walls 438 

(i) Projections 439 

(j) Special and temporary buildings and structures 439, 440 
(k) Buildings for the supply of electricity - - - 440 
(I) Alterations to buildings and conversion of buildings 440 

(m) Additional cubical extent 440 

(n) Uniting of buildings and the retention of openings 

in party or external walls separating buildings 440, 441 
(o) Doors, sliding doors, and shutters to openings in 
party, division or external walls and large openings 
in party division or external walls - - 441 
(p) Buildings of iron and steel skeleton construction. 
Casing of pillars and girders, girder^ separators, 
etc. 441,442 

3. Naming of streets and numbering of houses Part IV. 

of the Act of 1894 442-444 

4. Dwelling-houses on low-lying lands Part XI. of the 

Act of 1894 444-446 

Regulations^ with regard to Applications and Consents under the 
London Building Acts, 1894 and 1898 ; procedure under Part 
IX. of the^ Act of 1894 ; and the appointment of, and fees pay- 
able to District Surveyors. 

5. 6- Conditions upon which applications. may be granted 446-449 

28 



434 



LONDON COUNTY COUNCIL. 

EEGULATIONS WITH REGARD TO 
APPLICATIONS. 

Regulations with regard to applications under the London 
Building Act, 1894 ; the London Building Act, 1894 
(Amendment) Act, 1898; Part III. of the London 
County Council (General Powers) Act, 1908 ; and 
Part IV. of the London County Council (General 
Powers) Act, 1909. 

The attention of applicants is specially directed to the 
provision of Section 194 of the London Building Act, 1894, 
whereby all applications, plans, and other documents 
delivered at the office of the Council, on delivery there 
become the property of the Council. 

GENERAL. 

1 (a) Applications except under Part XI. of the Act of 
1894, as to which see Regulation No. 4, must be 
addressed to the superintending architect, County 
Hall, Spring Gardens, S.W., and must state under 
which section or sections of the Acts they are made, 
and must be accompanied by the drawings and 
particulars required in each case. 

(b) Applications must be made in writing on paper of 
foolscap size on one side only of the paper, and all 
drawings (including plans, sections, and elevations) 
must be on the unglazed side of tracing linen of 
sufficient size to permit of the approval of the 
Council being endorsed thereon. Indelible prints 
of drawings on white linen may be submitted in 
lieu of tracings. 



REGULATIONS WITH REGARD TO APPLICATIONS. 435 

(c) The scale to which drawings are made must be 

drawn thereon and also expressed in words ; the 
north point must be indicated on all plans. 

(d) The site must be coloured pink, the proposed 
building red, existing buildings grey, and any land 
to be dedicated and left open for the use of the 
the public blue. 

(e) The full names and addresses of the persons on 

whose behalf applications are made and the extent 
and character of their interests in the property, 
must be stated. It must also be stated whether 
any portion of the sites on which the buildings are 
proposed to be erected forms part of a disused 
burial ground, and whether the property is freehold, 
leasehold, or copyhold. Particulars must be fur- 
nished as to the nature of applications, the situation 
of the streets, buildings, or structures, and the pur- 
poses for which such buildings are required. 
(/) All drawings must be in duplicate. 

PLANS, SECTIONS, AND PARTICULARS REQUIRED 
IN EACH CASE. 

2 (a) Formation and laying out of new streets Adapta- 
tion of ways for streets and widening of streets (see 
also Begulation No. 3), etc., sees. 7 and 10 of the Act 
of 1894. 

A key plan of the locality showing the surrounding 
property. 

Plans to a scale of 1 inch to 88 feet, accompanied by 
longitudinal sections to the same horizontal scale, but to 
a vertical scale of 1 inch to 11 feet, showing the natural 
and intended surface levels of the streets (computed from 
ordnance or some other fixed datum), and by cross-sections 
to a scale of 1 inch to 22 feet. 

The width of the new street to be figured on the 
plans. 

Each street to be marked on the plans with a number, 
and referred to in the application as street No. 1, street 
No. 2, etc. In the event of an application being sanctioned, 
two additional copies of the plans and sections will be 



436 LONDON COUNTY COUNCIL. 

required, and the proposed name of each street, identified 
by reference to the number of the street on the plans, 
must be submitted in accordance with section 32 of the 
Act of 1894. (For regulations as to street naming, see 
pages 442-444.) 

Applications for sanction to the formation or laying out 
of streets, or for the adaptation of ways as streets, are to 
be accompanied by correct and sufficient particulars in 
writing (which must be verified by production of title 
deeds should the Council so require), showing how the 
persons on whose behalf applications are made have ac- 
quired such control over the land forming the sites of the 
proposed streets shown on the plans accompanying the 
applications, as may be requisite to enable them to form 
or lay out such streets, or to adapt such ways as the case 
may be. Such particulars to include the dates of, and the 
names and addresses of the parties to, the documents under 
which such control was secured. 

(b) Buildings within the prescribed distance, and build- 
ings in advance of the general line of buildings, etc., 
sees. 13, 17, and 22 of the Act of 1894, and sees. 3 and 
4 of the Act of 1898. 

Plans to a scale of 1 inch to 22 feet, showing the situa- 
tion of the building in relation to others adjacent to a 
sufficient extent to show the frontage of the street on both 
sides of the site. The height of the proposed building, its 
precise distance from the centre of the roadway and the 
width of the street to be figured. 

The names and addresses of the owners and occupiers of 
the nearest building on each side of the proposed building 
to be stated. 

In the event of an application being approved, an ad- 
ditional copy of the drawings will be required. 

In the case of an application under section 13 (5), the 
extent and height of the old buildings on the site to be 
shown to the same scale and a copy of the plans certified 
by the District Surveyor, together with the originals, should 
be forwarded. The original certified plans will be returned 
after being compared with the copy. 



REGULATIONS WITH REGARD TO APPLICATIONS. 437 

(c) Open space at the rear of domestic buildings, sec. 

41 ; and open space about working-class dwellings 
not abutting upon a street, sec. 42 of the Act of 1894 
and sec. 4 of the Act of 1898. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building and the adjoining premises, with the 
approximate heights of any buildings included therein. 

Plans and sections to a scale of 1 inch to 8 feet showing 
the heights of the proposed building in its various parts. 
The proposed use of each room to be indicated on the 
plans. In any case where it is desired to extend a build- 
ing or any part thereof above the diagonal line referred to 
in section 41 of the Act of 1894, the - diagonal line and also 
the horizontal line from which it is drawn to be shown on 
the drawings. 

(d) Deviations from certified plans of domestic buildings 

previously existing on old sites, sec. 43 of the Act 
of 1894. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building and the adjoining premises, with the 
approximate heights of any buildings included therein. 

Plans and sections to a scale of 1 inch to 8 feet, showing 
the extent and height of the previously existing buildings 
certified by the District Surveyor, together with plans and 
sections of the proposed building to the same scale. The 
area of open space and the height of the new building to 
be figured, and the proposed use of each room to be 
indicated on the plans. 

(e) Laying out new streets on a cleared area, sec. 44 of the 

Act of 1894. 

A block plan to a scale of 1 inch to 44 feet, showing 
the width of all old streets on the area, and the extent 
and approximate heights of all old buildings thereon. 

Sections to a scale of 1 inch to 8 feet, showing the 
height of the proposed buildings. 

In cases in which the proposed new streets have been 
sanctioned but not formed the dates of such sanctions to 
be specified. 



438 LONDON COUNTY COUNCIL. 

In cases in which sanction has not been obtained to the 
formation or laying out of the proposed new streets, ap- 
plications for sanction to such streets, in accordance with 
Eegulation No. 2 (a), should accompany applications under 
section 44. 

Applications cannot be entertained under section 44, Part 
V., for modification or relaxation of any provisions con- 
tained in the preceding sections of Part V., except in 
respect either of existing streets or streets for the forma- 
tion of which sanction has been obtained under Part II. 
of the Act of 1894. 

(/) Height of buildings, sees. 47 and 49 of the Act of 1894. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building and adjacent buildings, and the width 
of the street. 

Plans and sections to a scale of 1 inch to 8 feet, showing 
the heights of the various parts of the building, and the 
level of the footway (if any) immediately in front of the 
centre of the face of the building, or, where there is no 
such footway, the level of the ground before excavation. 

(g) Eecesses and openings in external walls and recesses 
in party walls, sec. 54 of the Act of 1894. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building and adjacent buildings. 

Plans of the building and an elevation of the wall in 
which the recesses or openings occur to a scale of 1 inch 
to 8 feet. The sizes of the recesses and openings to be 
figured, and the method of construction and support of the 
walls, floors, and roof to be shown. 

(h) Timber in external walls, sec. 55 ; and furnace chimney 
shafts, sec. 65 of the Act of 1894. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building. 

Plans, sections, and elevations to a scale of 1 inch to 
8 feet, together with such details to a larger scale as may 
be necessary to show the construction. 



REGULATIONS WITH REGARD TO APPLICATIONS. 439 

(i) Projections, sec. 73 of the Act of 1894. 

In addition to the drawings, etc., required by Begulation 
No. 2 (6), a plan, section, and side elevation to a scale of 
1 inch to 8 feet. In the event of an application being 
approved an additional copy of the drawings will be 
required. 

(j) Special and temporary buildings and structures 
Part VII. of the Act of 1894 and sees. 6 and 7 of 
the Act of 1898. 

A block plan to a scale of 1 inch to 22 feet, showing the 
position of the proposed building or structure, and of any 
adjacent buildings or structures. 

Plans, sections, and elevations of the proposed building 
or structure to a scale of 1 inch to 8 feet, together with 
sections and details to a scale sufficiently large to show 
clearly the construction. The sizes of constructional 
parts, the weights per foot run and the thicknesses of iron 
and steel members, and the sizes and pitch of rivets, to be 
figured and indicated on the plans. 

A fee of 5s. must be paid to the cashier of the Council 
on deposit of an application, and in the event of an 
application being approved a further fee of 5s. must be 
paid and an additional copy of the drawings may be re- 
quired. In no case will the approval or licence be issued 
until the fees are paid. 

Applications for renewal of approvals or licences for 
temporary buildings or structures for further periods must 
be accompanied by certificates from District Surveyors that 
there has been no alteration in construction or position. 
In cases where such buildings or structures have existed 
for three years or more the District Surveyors' certificates 
must also testify as to their stability for such further 
periods as may be applied for, and must specify the nature 
of any repairs that may be considered requisite. 

In cases where the buildings or structures have existed 
for less than three years, if an inspection be merely to 
ascertain that there has been no alteration in construction 
or position, and to certify that an extension of time may 
be allowed, a fee of 10s. may be demanded and received 
by the District Surveyor. 



440 LONDON COUNTY COUNCIL. 

In cases where the buildings or structures have existed 
for three years or more, and a certificate with regard to 
structural stability is required, a fee of 20s. may be de- 
manded and received by the District Surveyor. 

(k) Buildings for the supply of electricity, sec, 203 of the 
Act of 1894. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building and adjacent buildings. 

Plans and sections to a scale of 1 inch to 8 feet, and 
details to a scale sufficiently large to show clearly the pro- 
posed construction together with a copy of the calculations 
of the loads and stresses to be provided for. 

(I) Alterations to buildings, sec. 207 ; and conversion of 
buildings, sec. 211 of the Act of 1894. 

Plans and particulars in sufficient detail to show clearly 
the nature of the proposed work, alteration, deviation, or 
conversion, accompanied by a statement as to the pro- 
visions of the Act from which relief is desired. 

(m) Additional cubical extent, sec. 17 of the Act of 1908. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building and adjacent buildings. 

Plans and sections to a scale of 1 inch to 8 feet, showing 
the heights of the building in its various parts, such 
heights to be figured ; also showing the materials and con- 
struction of (i) floors, roofs, and staircases ; (ii) enclosures 
to lifts, hoists, staircases, and other vertical shafts ; (iii) 
windows, skylights, lantern lights, doors, and frames ; (iv) 
partitions and screens enclosing rooms and shop windows ; 
and (v) the proposed protection of structural iron or steel 
work. 

(n) Uniting of buildings and the retention of openings in 
party or external walls separating buildings, sec. 18 of 
the Act of 1908. 

A block plan to a scale of 1 inch to 22 feet, showing the 
buildings. 

Plans and sections to a scale of 1 inch to 8 feet, showing 



REGULATIONS WITH REGARD TO APPLICATIONS. 441 

the positions of the proposed openings, or the openings 
proposed to be retained, and the heights of the buildings 
in their various parts ; also particulars of the construction 
of (i) floors, roofs, and staircases ; and (ii) enclosures to 
lifts, hoists, staircases, and other vertical shafts, and the 
nature of the means of escape. 

The nature of the separate occupations in the buildings 
and the uses to which the various parts of the buildings 
are proposed to be put to be indicated on the plans. 

(o) Doors, sliding doors, and shutters to openings in party 
division or external walls and large openings in party 
division or external walls, sec. 18 of the Act of 1908. 

A block plan to a scale of 1 inch to 22 feet, showing the 
buildings. 

Plans and sections to a scale of 1 inch to 8 feet, showing 
the position and size of each opening, also particulars of 
the construction of (i) floors, roofs, and staircases ; and 
(ii) enclosures to lifts, hoists, staircases, and other vertical 
shafts. 

Plans, sections, and elevations of the doors, sliding doors, 
and shutters to a scale of 1 inch to 1 foot, showing the con- 
struction, hanging, and method of fastening and operating. 

In cases where applications relate to existing buildings, 
similar particulars of any existing openings in party divi- 
sion or external walls, and of the doors, sliding doors, or 
shutters provided thereto. 

(p) Buildings of iron and steel skeleton construction. 
Casing of pillars and girders, girder separators, level 
of girders, thickness and construction of walls, joints 
in and between pillars, coating of structural metalwork, 
wind pressure, pressure on the natural ground and 
proportions of brick pillars, sec. 22, subsection 34, of 
the Act of 1909. 

A block plan to a scale of 1 inch to 22 feet, showing the 
proposed building. 

Plans and sections to a scale sufficiently large to show 
clearly the proposed construction or work, with a copy of 
the calculations of the loads and stresses to be provided 



442 LONDON COUNTY COUNCIL. 

for and particulars of the materials proposed to be used, 
and such other information as may be required by the 
Council, together with a statement as to what requirements 
of the section it is desired should be modified or waived 
and the reasons for requiring such modification or waiver. 

NAMING OF STREETS AND NUMBERING OF HOUSES PART 
IV. OF THE ACT OF 1894. 

3 (a) No name is to be used for a street unless with 
the approval of the Council previously given, and it 
should be a name consisting of one word with or 
without the addition of "street," "road," or other 
like term. 

(6) The name should be one that is not already in use 
in the county ; it should, if possible, be in some way 
associated with the locality. 

(c) The Council's list of streets and places in the Ad- 

ministrative County of London, together with an 
office list of available names, arranged under the 
districts for which they are appropriate, may be 
consulted by applicants. 

(d) Only such thoroughfares as may be deemed to be of 

sufficient length or importance may be designated 
"roads". 

(e) The Council will be prepared favourably to consider 

the use of the terms " avenue " and " grove " con- 
ditionally upon the planting and maintenance of 
suitable trees in the streets in question ; other 
descriptions, such as "gardens," "crescent," 
"square," etc., may be used only when the terms 
seem appropriate. 

(f) Applicants proposing names for large blocks of 

buildings, e.g. artisans' dwellings, mansions, flats, 
etc., should have regard to the rules which apply 
to the naming of streets. 

(g) The Council should be notified of every name in- 

tended to be used as a postal address. 
(h) Any person or persons setting up any name to any 
street in London until the expiration of one month 
after notice of the intention to set up the name 
has been given to the Council, or setting up any 



REGULATIONS WITH REGARD TO APPLICATIONS. 443 

name objected to by the Council under section 32 
of the Act of 1894, is liable to a penalty of 40s., 
with a continuing penalty of 40s. for every day on 
which the offence continues after conviction. 
(i) In numbering houses the rules to be observed are as 

follows 

St. Paul's Cathedral is recognised as a central point ; 
and the numbering of houses begins at the end 
or entrance of the street nearest to that building, 
except where a street leads from a main thorough- 
fare to a less important street, and then the 
numbering starts from the main thoroughfare. 
Taking, therefore, the sides of a street as left and 
right (assuming that the back is towards St. 
Paul's) the odd numbers will be assigned to the 
left-hand side, and the even numbers to the right- 
hand side. 

(Under section 36 of the Act the Council has the power 
to order " that any houses or buildings in any street 
or way or any part thereof shall for the purpose of 
distinguishing the same be marked with such 
numbers as they shall deem convenient for that 
purpose ". Great inconvenience and expense in 
re-numbering would frequently be saved if the 
above rules were observed in the first instance.) 
(j) Any person interested in property affected by any 
order of the Council for re-naming streets or re- 
numbering houses is permitted, on application, to 
make a copy of the order and a tracing of the plan 
attached thereto ; or a certified copy of the order 
and plan may be furnished to him on his paying 
the cost of making the same. 

(k) A fee of Is. is to be charged to all persons seeking 
information involving a reference to the records 
with regard to orders for re-naming streets or re- 
numbering houses. 

(I) If a copy of an order and plan be required, there 
will be a further fee of not less than Is. 6d. (see 
following scale). 

Scale of fees to be charged for the provision, under 
section 38 of the London Building Act, 1894, of 
copies of orders, with or without plans, in relation 



444 



LONDON COUNTY COUNCIL. 



to the re-naming of streets and the re-numbering 
of houses 



For a copy of an order without a plan, or with 
a plan showing 3 houses .... 

. 5 houses 
7 
9 

11 
13 
15 
20 
25 

For a copy of an order 26 30 
with a plan showing 



4 or 
6 
8,, 
10,, 
12 
H 
16 to 
21 
26 
31 
36 
41 
46 
51 
76 

101 

151 

201 



35 
40 
45 
50 
75 
100 
150 
200 
300 



s. d. 



1 


6 


2 





2 


6 


3 





3 


6 


4 





4 


6 


5 





5 


6 


6 





6 


6 


7 





7 


6 


8 





10 


6 


12 


6 


15 





17 


6 


1 






(m) A more extended plan may be obtained for a larger 

payment. 
(n) Copies of orders and plans are to be made in the 

superintending architect's department. 



DWELLING-HOUSES ON LOW-LYING LANDS PART XI. OF 
THE ACT OF 1894. 

4 (a) Every person who shall be desirous of erecting 
or adapting any building to be used wholly or in 
part as a dwelling-house on any land in the county 
of London, of which the surface is below the level 
of Trinity high- water mark, and which is so situate 
as not to admit of being drained by gravitation into 
an existing sewer of the Council, shall first make a 
written application for a licence. Such application 
shall be addressed to the clerk of the Council. 



REGULATIONS WITH BEGAED TO APPLICATIONS. 445 

(b) Such application shall contain a statement as to the 

nature and extent of the interest of the applicant 
in the building or buildings proposed to be erected 
or adapted, and be accompanied by a plan and 
section of the lowest floor of such building or build- 
ings and the curtilages thereof, to a scale of th of 
an inch to a foot, and by a block plan to a scale of 
not less than ^sW (which may be on a sheet or 
sheets of the Ordnance Survey, or may be drawn 
on tracing linen), showing the position of such 
building or buildings, and the local sewer into which 
it is proposed to drain such building or buildings 
and the connection of such local sewers with an 
existing sewer of the Council. 

(c) Such plans and sections shall be accompanied by a 

description of the materials to be used in the con- 
struction of such building or buildings, and shall be 
coloured in accordance therewith. The points of 
the compass shall "be marked on the block plan. 

(d) The position and course of the drainage system pro- 

posed to be adopted for the disposal of sewage and 
rain water, and its connection with the local sewer 
or an existing sewer of the Council, shall be clearly 
shown on the plans and sections, and the diameter 
and inclination of the drain pipes shall be figured 
thereon. 

(e) The plan and section shall also indicate in figures 

the level above or below Ordnance datum at which 
it is proposed to construct the floor of the lowest 
rooms. 

(/) The decision given by the chief engineer of the 
Council upon such application shall be reported to 
the Building Acts Committee, and the Committee 
shall report it to the Council, and, thereupon, if it is 
to the effect that the erection or adaptation may not 
be permitted, the clerk of the Council shall by letter 
inform the applicant that the Council, acting upon 
the decision of the engineer, has refused permission. 
If it is to the effect that the erection or adaptation 
may be permitted, a licence under the seal of the 
Council embodying the conditions of the engineer's 
decision shall be issued to the applicant. 



446 LONDON COUNTY COUNCIL. 

(The above regulations were made by the Council on the 
26th day of March, 1895, under section 123 of the 
Act of 1894, and the concurrence of the Tribunal of 
Appeal was duly signified thereto on the Sth day of 
April, 1895.) 

(g) It shall not be lawful to place the underside of the 
lowest floor of any permitted building at such a 
level as will render it liable to flooding, and every 
permitted building shall be efficiently and properly 
drained to the satisfaction of the engineer for the 
time being of the Council, either into a local sewer 
or into a main sewer of the Council. (This regula- 
tion was made by the Council on 26th March, 1895, 
under section 122 of the Act of 1894.) 

REGULATIONS WITH REGARD TO APPLICATIONS AND CON- 
SENTS UNDER THE LONDON BUILDING ACTS, 1894 

AND 1898 ; PROCEDURE UNDER PART IX. OP THE ACT 
OP 1894 ; AND THE APPOINTMENT OP, AND FEES PAY- 
ABLE TO, DISTRICT SURVEYORS. 

CONDITIONS UPON WHICH APPLICATIONS MAY BE GRANTED. 

5 (a) In dealing with applications made under the 
London Building Act, 1894, and the amending Act 
of 1898, with reference to the undermentioned 
matters, the desirableness of imposing conditions 
to the following effect shall be considered by the 
Building Acts Committee, but this order shall not 
limit any power to vary such conditions or to impose 
such conditions in other matters than those men- 
tioned, or to impose any other conditions in any 
matter 

In the matter of the formation or laying out of pro- 
posed streets 

(i.) That within from the date of this 

order the proposed street hereby sanctioned shall 
be clearly denned throughout by posts and rails, 
or so otherwise as the Council shall permit, and 
be thrown open as a public highway, free from 
obstructions except such builders' materials as 



REGULATIONS WITH REGARD TO APPLICATIONS. 447 

the Council may, during such period as it thinks 
fit, permit to be stored upon such street. 

(ii.) That no building shall be commenced to be erected 
on either side of, or upon a site abutting upon, or 
approached by or from such proposed street, un- 
less such proposed street shall have been and shall 
still remain so defined and thrown open as afore- 
said, and unless the roadway and footways of 
such proposed street shall have been so made, 
and shall be throughout as regards levels, direc- 
tion, width, and gradients so as to comply with 
the provisions of any statutes and by-laws in 
force in London regulating streets and buildings, 
and so as to accord with the said plans and sec- 
tions, and with the particulars which accompanied 
the application for the sanction contained in this 
order, and unless the name of the street shall 
have been approved by the Council, and as so 
approved shall have been affixed and shall be 
retained at both ends of the street. 

(iii.) That if at the expiration of the period specified 
in condition (i.) the said condition (i.) has not 
been complied with, this order and the sanction 
thereby given shall be null and void. 
In the matter of the erection of one-storey shops in 
advance of the general line of buildings 

(iv.) That no part of the proposed shop or any struc- 
ture or erection connected therewith do exceed 
16 feet in height above the footway, or such other 
height as may be fixed by the Council. 
In the matter of temporary buildings or structures dealt 
with under Part VII. 

(v.) That the building or structure be commenced and 
completed within such periods as may be deemed 
expedient. 

(vi.) That if the building or structure be commenced 
or completed contrary to condition (v.), or be 
found at any time to have been so erected, set up, 
altered, or adapted as not to be in all respects in 
accordance with the application for the approval 
or licence, and with the plans and particulars 
relating to such application, or (when approved 



448 LONDON COUNTY COUNCIL, 

or licensed for a special purpose) to have been 
used for any purpose other than a purpose named 
in the approval or licence, or to have had any un- 
authorised addition made thereto, or any word, 
advertisement, or device made or retained thereon, 
such building or structure shall within seven 
days after service on any owner or occupier 
thereof for the time being of a notice from the 
Council requiring its removal, be entirely re- 
moved. 
In any matter in which land is to be given up 

(vii.) That before the building is erected or within 
such period as may be named in the sanction, 
consent, licence, or approval, the land coloured 
blue on the deposited plan shall be thrown into 
the public way and dedicated to and left open for 
the use of the public, and that no pier, pilaster or 
other projection be placed on such land, 
(viii.) That no vault, arch, cellar, or other construc- 
tion shall be made in or under the said land 
coloured blue on the said plan without the previ- 
ous consent in writing of the local authority. 
And in all matters other than the formation and laying 

out of proposed streets 

(ix.) That the building, structure, or work be set up, 
erected, or carried out, as the case may be, and 
retained without any addition thereto and in exact 
accordance with the application for the sanction, 
consent, licence, or approval, and with the plans 
and particulars which accompanied such applica- 
tion. 

(6) No sanction, consent, licence, or approval shall be 
issued until the conditions imposed by the Council 
in granting the same have been, if the Council so 
require, accepted in writing by such persons as the 
Council shall consider the proper parties to .comply 
with such conditions. 

(c) Every written acceptance of conditions shall have a 
sixpenny stamp affixed thereto. 

6 Whenever plans of new streets to be laid out for foot 
traffic only are sanctioned a condition is to be at- 



REGULATIONS WITH REGARD TO APPLICATIONS. 449 

tached binding the applicant to pave the street over 
the entire surface, and by posts, bars, or otherwise, 
to prevent such street from being used for carriage 
traffic. 

G. L. GOMME, 

Clerk of the Council. 
COUNTY HALL, 
SPRING GARDENS, S.W., 
February, 1910. 









4:50 






THE METEOPOLIS MANAGEMENT AND BUILD- 
ING ACTS AMENDMENT ACT, 1878. 

THE PROTECTION OF THEATRES, 
ETC., FROM FIRE. 

Regulations made by the Council on the 30th July, 1901, 
with respect to the requirements for the protection from 
fire of theatres, houses, rooms, etc. 

Limit of regulations 452 

Interpretation of " such premises " - 452 

CONSTEUCTION. 
SECTION PAGE 

1. Application for certificate, statement, and drawings, &c. 452, 453 

2. Site- 454,455 

3. No theatre, &c., under or over any other building - - 455 

4. Walls (openings in and windows overlooking) - - 455 

5. Walls (external), &c. - 455 

6. Floors, -tiers, and roof 455, 456 

7. Tiers (number of) 456 

8. Tiers (height of) 456 

9. Pit (floor of), &c., drainage 456 
10- Entrances and exits 456, 457 

11. Corridors, passages, &c. - 457 

12. Vestibules - 457 

13. Cloak-rooms 457 

14. Staircases 458 

15. Doors and fastenings 458, 459 

16. Exit, &c., notices - - 459 

17. Gangways - 460 

18. Enclosures - 460 

19. Seating - 460 

20. Chairs - 460 



BEGULATIONS REGARDING THEATRES, ETC. 451 

SECTION PAOE 

21. Proscenium (wall openings and decorations) - - 460, 461 

22. Proscenium (screen) 461 

23. Stage (roof over) .... 461 

24. Flies, gridiron - 461 

25. Dressing-rooms 462 

26. Workshops, &c. 462 

27. Limelight tanks, boilers, and dynamos - - - 463 

28. Scene store, &c. - 463 

29. Ironwork- 463 

30. Inflammable linings, &c. 463 

31. Skylights, &c. - 463 

32. Gas 464 

33. Oil or candle lamps 464, 465 

34- Sun burner - - - y" Or j- - - ] 465 

35- Ventilation - 465 

36. Water-closets, &c. - - 465 

37. Hydrants, &c. - - 465, 466 

38. Telephone - 466 

39- Hangings - - 466 

40- Fire (precautions against) - - - 466, 467 

41. Fireplaces or stoves - - 467 

42. Electric lighting and heating - - 467 

43. Lightning conductor - 467 

44. Power to modify or dispense with these regulations 467 

45. Person responsible - - 467 

46. Additions or alterations to premises .... 453 



452 






LONDON COUNTY COUNCIL. 

THE METEOPOLIS MANAGEMENT AND BUILD- 
ING ACTS AMENDMENT ACT, 1878. 

THE PROTECTION OF THEATRES, 
ETC., FROM FIRE. 

Regulations made by the Council on the SOth July, 1901, 
with respect to the requirements for the protection 
from fire of theatres, houses, rooms, and other places 
of public resort within the Administrative County 

' 

Limits of These regulations shall, unless otherwise specified, apply 
reguia- to all theatres, houses, rooms, or other places of public 
resort within the Administrative County of London, to be 
hereafter constructed and to be kept open for the public 
performance of stage-plays, and to all houses, rooms, or 
other places of public resort within' the said County, to be 
hereafter constructed and to be kept open for public 
dancing, music, or other public entertainment of the like 
kind, under the authority of letters patent from His 
Majesty the King, his heirs or successors, or of Licences 
by the Lord Chamberlain of His Majesty's Household, or 
by the London County Council. 

interpreta- I n these regulations the expression "such premises" 
tion^of ^ means a theatre, house, room, or other place of public 
mlses -\ re " resort to be kept open for any of the purposes aforesaid. 

Appiica- 1 Every person who shall be desirous of obtaining 
tionfor authority to open any such premises within the said 
certificate. c ountV) %^\\ fo^ ma k e public his intention to erect such 



PROTECTION OF THEATRES, ETC., FROM FIRE. 453 

premises by exhibiting a notice-board on the proposed site Sec. 1 
in such -a position that it can be plainly seen from the 
public way, or by advertisement in three newspapers 
circulating generally throughout the county or throughout 
the locality in which it is proposed to erect such premises, 
and shall then make an application in writing to the Clerk 
of the Council for a certificate under the Metropolis Manage- 
ment and Building Acts Amendment Act, 1878. For 
the purposes of the advertisement, differently dated issues 
of one paper shall count as different papers. The notice- 
board shall be maintained until the application has beer- 
dealt with by the Council. No application will be con- 
sidered before the expiration of one fortnight after the 
receipt by the Clerk of the Council of a copy of the notice 
exhibited on the site or of each of the newspapers contain- 
ing the advertisement. 

The application shall contain a statement as to the nature, statement, 
and extent of the interest of such person in such premises, 
and the character of the entertainment for which such 
premises are proposed to be used. The application shall be 
accompanied by complete plans, elevations, and sections in 
duplicate, drawn on the dull side of tracing linen, to a 
scale of Jth of an inch to a foot ; and by a block plan on a Drawings, 
separate sheet showing the position of such premises in 
relation to any adjacent premises, and to the public 
thoroughfares upon which the site of such premises abuts, 
drawn to a scale of not less than ^th of an inch to a foot. 

A plan and section of the drains proposed to be laid 
from such premises shall be submitted at the same time, 
and such plan shall indicate the sewer or sewers to which 
the drains are to be connected, and the section shall show 
the surface level of the street, the level of the lowest portion 
of the premises which is to be drained, and the level of the 
sewer or sewers. All levels shall be given in relation to 
Ordnance datum. 

All drawings shall be coloured to distinguish the materials 
employed in the construction of the building. 

The width of all staircases, and the number of stairs in 
each, the width of corridors, gangways, and doorways, 
together with the height of the tiers, and other parts of 
such premises shall be indicated on such drawings. 

The thickness of the walls, and scantlings of the various Drawings. 



454 LONDON COUNTY COUNCIL REGULATIONS. 

Sec. 1. materials shall be clearly shown on such drawings by 
figured dimensions. 

The cardinal points shall be marked upon each plan. 
The plans shall show the respective numbers of persons 
to be accommodated in the various parts of such premises, 
and the area to be assigned to each person, and shall be 
specifica- accompanied by a specification of the works to be executed, 
tion. describing such of the materials to be employed and the 

mode of construction to be adopted, as may be necessary to 
enable the Council to judge whether the requirements of 
these regulations will, when such premises have been com- 
pleted, be complied with. 

In the case of schools and halls used for parochial or 
mission purposes and having a superficial area for the 
accommodation of the public of not more than 1000 square 
feet, elaborate drawings will not be required, but sufficient 
detail shall be given to indicate the part of the premises 
to be used for public entertainments and the surroundings. 
One copy of such drawings and specification will be re- 
turned to the applicant, if it is so desired, but the other 
copy shall remain the property of the Council. 

site. 2 One-half at least of the total length of the boundaries 

of the site of any such premises which consist of an entire 
building and in case of a room or other such premises not 
consisting of an entire building, one-half at least of the 
total length of the boundaries of the site of the building of 
which such room or other such premises form part shall 
abut upon or front to public thoroughfares, of which one 
thoroughfare at least shall not be less than 40 feet wide 
and of the remainder none shall be less than 30 feet wide 
if a carriageway, or 20 feet wide if a footway. These 
widths shall continue for the whole length of the roads 
between the nearest thoroughfares in each direction con- 
necting there with. \ The frontage of the site to a thorough- 
fare not less than 40 feet wide shall not be less than one- 
sixth of the total length of the boundaries of the site. 

If, in order to comply with No. 10 of these regulations, 
an additional passage or way should be necessary, it may 
be provided by means of a private passage or way. 

Such passage or way shall not be less than 10 feet wide 
and shall be under the complete control of the owner of 



PROTECTION OF THEATRES, ETC., FROM FIRE. 455 

such premises, and, if less than 20 feet wide, no doors or Sec. 2. 
other openings of the adjoining premises shall communi- 
cate therewith or overlook any portion of such passage or 
way. 

3 No such premises, in which a stage will be erected NO theatre, 
and in which scenery will be used, shall be constructed J r c ^ der 
underneath, or on the top of, any part of any other building, JJJJ f* er 
nor shall such premises contain living rooms. 

4 No openings shall be allowed in the walls or roof of wails 
such premises within 20 feet of any adjoining property -^JJ^ 8 
unless a brick wall of the thickness prescribed by the windows 
Building Act be erected between such premises and the f^gj c 
adjoining property to such a height that no part of any 
opening either in such premises or in any building which 
may be erected on such adjoining property shall be higher 
than the part of the wall immediately opposite to it. A 
similar wall shall be erected between any openings in 
such premises and any inflammable structure, erection, 
or material on any adjoining property. 

5 All such premises shall be enclosed with proper ex- wails (ex- 
ternal or party walls of brick or stone. ternai), &c. 

The thickness of all external party or cross walls shall 
not be less than the thickness prescribed by the London 
Building Act, 1894 (clause 12 of Part II. of the 1st 
Schedule to such Act excepted), for walls of similar height 
and length in buildings of the warehouse class, or such 
greater thickness as shall be required by the District 
Surveyor, or the Tribunal of Appeal, under section 78 of 
the London Building Act, 1894. 

Where such premises are part of another building they 
shall be cut off from such other building by party walls 
and party structures of fire-resisting materials in a manner 
to be approved by the Council, and no part of such pre- 
mises shall overlook any portion of the adjoining part 
which may be liable to communicate fire to such premises. 

6 In all such premises the floors, tiers, and roof of the Floors, 
auditorium, and all parts used by the public, shall be con- JJJJJ 1 and 
structed of fire-resisting materials to the satisfaction of the 



456 LONDON COUNTY COUNCIL REGULATIONS. 

Sec. 6^ Council, and the flooring, if of wood and not laid on solid 
foundations, shall be laid with iron tongues. 

Tiers (num- 7 No such premises shall have more than three tiers 
berof). or horizontal divisions, including the gallery, above the 
level of the pit. 

Where the front seats of any tier are separated from the 
other seats by a partition, such seats shall not count for 
the purpose of this regulation as a separate tier. 

Tiers 8 Where the first tier or balcony of such premises ex- 

(height of), tends over the pit, stalls, or area, the height between the 
floor of the pit and the first tier shall not be at any part 
less than 10 feet ; the height between the floor of the 
highest part of the gallery and the lowest part of the ceiling 
over the same shall not be less than 12 feet. The height 
between the tiers shall in no case be less than 8 feet. 

Pit 9 In all such premises the floor of the highest part of 

(floor of). t h e pj t> or O f t k e sta u s w here there is no pit, shall not be 

more than 6 inches above the level of the street at the 

principal entrance to the pit, and the lowest part of the 

floor of the pit or stalls shall not be lower than the level 

at which it can be effectually drained by gravitation into a 

public sewer, nor more than 15 feet below the level of the 

Pit, fec. street at the principal entrance to the pit. 

ge)- In any case the lowest floor shall not be placed at such 
a level as will render it liable to flooding, and such premises 
shall be efficiently and properly drained to the satisfaction 
of the Council. 



Entrances 1Q In all such premises two separate exits shall be 
provided from every tier or floor which accommodates not 
more than 500 persons, and where a tier or floor accom- 
modates more than 500 persons, an additional exit shall 
be provided for every 250 or part of 250 persons above 500. 
Each of such exits shall not be less than 5 feet wide be- 
tween the walls at any point or between the leaves of the 
doors when open. Two of the exits from each tier or floor 
shall deliver into different thoroughfares or ways. 

In the case of a tier or floor not accommodating more 
than 300 persons two 4-feet exits will be required. 



PROTECTION OF THEATRES, ETC., FROM FIBE. 457 

If any tier or floor shall be divided into two or more Sec. 10 
parts, exits as set out above shall be provided from each of 
such parts. 

In calculating the number of persons which can be ac- 
commodated in any tier or part of a tier of such pre- 
mises, the standing space from which a view of the 
performance can be obtained (with the exception of that 
afforded by the intersecting gangways) will be considered 
as well as the seated area. 

Exits shall be arranged so as to afford a ready means of 
egress from all parts of each tier or floor, and shall lead 
directly into a thoroughfare or way. 

It shall be compulsory on the management of such pre- 
mises to allow the public to leave by all exit doors. 

11 Every lobby, corridor, or passage in such premises corridors, 
intended for the use of the audience shall be formed of fire- passages, ' 
resisting materials, and shall be at the narrowest point 
when finished of the widths specified in No. 10 of the re- 
gulations for exits. 

Where possible, inclines shall be used instead of steps, 
but no corridor, passage, or gangway shall be inclined to 
steeper gradient than 1 in 10. 

There shall be no recesses or projections in the walls of 
such corridors or passages within 5 feet of the floor. 

12 Where vestibules are provided in such premises not vestibules, 
more than three tiers or floors or (where such tiers or floors 
are divided into two or more parts) not more than three of 
such parts of tiers or floors shall communicate with one 
vestibule. 

The aggregate width of all the doorways or passages that 
lead from a vestibule towards a thoroughfare or way, shall 
be at least one-third greater than the aggregate width of 
all the exits required by the regulations that lead to such 
vestibule. 

13 The corridors in such premises shall not be used as cioak- 
cloak-rooms, and no pegs for hanging hats and cloaks shall roomB - 
be allowed therein. 

Where cloak-rooms are provided, they shall be so situated 
that the persons using them shall not interfere with the 
free use of any exit way. 



458 LONDON COUNTY COUNCIL REGULATIONS. 

staircases. 14 All staircases in such premises intended for the use 
of the audience from any tier or part of a tier accommodat- 
ing not more than 300 persons shall be at least 4 feet wide 
at their narrowest parts, and those intended for the use of 
the audience from any tier or part of a tier accommodating 
more than 300 persons shall be at least 5 feet wide at their 
narrowest parts. 

All such staircases shall have solid square (as distin- 
guished from spandril) steps and landings of York or other 
approved stone, or of such other fire-resisting material and 
construction as the Council may in any special case ap- 
prove, with treads not less than 11 inches wide and with 
risers not more than 6 inches high (each lapping at least 
1 inch over the back edge of the step below it), without 
winders, in flights of not more than 15 or less than 3 
steps each. 

The treads and risers of each flight of steps shall be of 
uniform width and height, and the steps shall be pinned 
into brick walls at both ends. 

The several flights of such steps shall be properly sup- 
ported and enclosed to the satisfaction of the Council. 

No staircase shall have more than two flights of 15 steps 
each without a turn, the depth of the landing between 
such flights being at least the same as the width of the 
staircase. 

All landings shall be 6 inches thick. 

Every staircase shall have a roof of fire-resisting 
materials to be approved by the Council. 

A continuous and uninterrupted handrail shall be fixed 
on both sides of all steps and landings, supported by 
strong metal brackets built into the wall, but such hand- 
rails shall not project more than 3 inches. 

Where the flight of steps re-turn, the newel wall shall 
be chased so as to allow the handrail to turn without pro- 
jecting over the landing. 

There shall be no recesses or projections in the walls 
of such staircase within 5 feet of the floor, and any gas or 
electric light fittings shall be at least 6 feet 8 inches above 
the steps or landings. 

Doors and 15 All doors in such premises used by the public as 
fastenings. ex jt d oors shall, except where otherwise approved, be 



PROTECTION OF THEATRES, ETC., FROM FIRE. 459 

hung in two folds and be made to open outwards to- Sec. 15. 
wards the thoroughfare or way. 

All internal doors shall be hung so as not to obstruct, 
when open, any gangway, passage, staircase, or landing. 

No door shall open immediately upon a flight of steps, 
but a square landing at least 3 feet in width shall be pro- 
vided between such steps and such doorway. 

All exit doors, having fastenings, shall be fastened by 
automatic bolts only, of a pattern and in a position to be 
approved by the Council ; but where such doors are also 
to be used by the public for entrances they may be fitted 
with lever or other approved fastenings in approved posi- 
tions. Doors so fitted, however, must not be fastened 
during the presence of the public. 

All doors and all gates used for entrances, shall be 
made to open both ways, and shall, when opened inwards, 
be so fitted that they can be locked back against the wall 
in such a manner as to require a key to release them. 

All doors leading from exit passages, staircases, or cor- 
ridors to the other parts of the building shall be hung so as 
to be closed by the stream of persons passing from the 
auditorium to the street, and be fitted with springs. No 
door handles or other fittings shall project into exit ways 
more than 1 inch when the doors are open. 

All barriers and internal exit doors shall be made to 
swing or to open outwards, with no other fastenings than 
automatic bolts. 

No locks, monkey-tail, flush or barrel bolts, or locking 
bars, or other obstructions to exit, other than as before 
mentioned, shall be fitted on any doors, gates, or barriers. 

16 All exit and other dcors or openings in such pre- Exits, &c. 
mises used by the public for the purpose of exit shall be notlces - 
indicated by notices clearly printed to the satisfaction of 
the Council in 7-inch letters. 

Such notices shall where possible be painted over such 
doors or openings at a height of at least 6 feet 9 inches 
above the floor. 

The words " no exit " shall be clearly painted to the 
satisfaction of the Council in 7 -inch letters at least 6 feet 
9 inches above the floor, over all doors or openings which 
are in sight of the audience, but which do not lead to exits. 



460 LONDON COUNTY COUNCIL REGULATIONS. 

Gangways. 17 Passages or gangways not less than 3 feet 6 inches 
wide shall be formed leading direct to the exit doors, and 
gangways 3 feet 6 inches wide shall be provided intersect- 
ing the rows of seating in such a manner that no seat shall 
be more than 10 feet from a gangway measured in a line 
of the seating. 

Encio- 18 No enclosure shall be allowed in any such premises 

sures. w here the public can assemble for any other purpose than 
to view the performance, except so far as the Council 
shall i consider necessary for the provision of refreshment 
bars, or in the case of a theatre for the provision of a 
foyer. 

Beatings. 19 The seating area assigned to each person shall not 
be less than 2 feet deep and 1 foot 6 inches wide in all 
parts of the house where no backs or arms are provided to 
the seats, and not less than 2 feet 4 inches deep by 1 foot 
8 inches wide where backs or arms are provided. In all 
cases, however, there shall be a space of at least 1 foot in 
depth between the front of one seat and the back of the 
next measured between perpendiculars. 

Chairs. 20 Where chairs are used in such premises, they shall 

be battened together at a distance of not less than 1 foot 
8 inches from centre to centre, where they have arms, and 
1 foot 6 inches where they are without arms, and in lengths 
of not less than 4 or more than 12 in a section. 

Pro- 21 In all such premises where a stage with a pro- 

(w!w um scenmm will be erected, such stage shall be separated from 
the auditorium by a brick proscenium wall not less than 
13 inches in, thickness, and such wall shall be carried up 
the full thickness to a height of at least 3 feet above the 
roof, such height being measured at right angles to the 
slope of the roof, and shall be carried down below the 
stage to a solid foundation. 

Pro . Not more than three openings shall be formed in the 

scenium proscenium wall, exclusive of the proscenium opening. 

(openings). XT i i -n T t\r\ c 

No such opening shall exceed 20 square feet in area. 
Each of such openings shall be closed with a wrought-iron 
door not less than ^th of an inch thick in the panel, hung 



PROTECTION OF THEATRES, ETC., FROM FIRE. 461 

in a wrought-iron frame, so as to close of itself without a Sec. 21 
spring, and with a 3-inch lap, or with such other fire-re- 
sisting door and frame as may be approved by the Council. 

No openings formed in the proscenium wall shall, at 
the lowest part, be at a higher level than 3 feet above the 
floor of the stage. 

All the decorations around the proscenium opening shall Pro- 
be constructed of fire-resisting materials. fdecora* 1 

A separate exit shall be provided from the stage direct tio ns). 
to a thoroughfare or way. stage (exit)- 

Wherever possible electric light shall be the only stage 
illuminant used for the stage. lighting. 

22 The proscenium opening shall be provided with a Pro- 
fire-resisting screen to be used as a drop curtain, of such 
pattern, construction, and gearing, and with such arrange- 
ments for pouring water upon the surface of the screen 
which is towards the stage, as may be approved by the 
Council. 

23 The space above the stage shall be of sufficient stage (roof 
height to allow of all scenes and of the fire-resisting screen v 
being raised above the top of the proscenium opening in 
one piece and without rolling. 

The roof over the stage shall not be of fire-resisting 
material or heavy construction, and shall be provided with 
an opening at the back thereof equal at the base to T Vth 
the area of the stage. Such opening shall be glazed at the 
top and sides with sheet glass not more than ^th of an 
inch in thickness, and be capable of being opened by the 
action of lowering the fire-resisting screen or by the cutting 
or burning of a cord, to an extent equal at least to the 
superficial area required at the base of the opening. Suit- 
able exhaust cowls shall also be provided on the stage 
roof. 

24 The floors of the flies of such premises shall be con- Flies, 
structed of fire-resisting materials to the satisfaction of the 
Council. 

Adequate means of escape shall be provided from the Gridiron, 
flies and the gridiron to the satisfaction of the Council. 



462 LONDON COUNTY COUNCIL REGULATIONS. 

Dressing- 25 Dressing-rooms shall be arranged in a separate 
rooms. block of buildings, or divided from such premises by party 
walls, with only such means of communication therewith 
as may be approved by the Council. 

All dressing-rooms and staircases leading thereto shall 
be constructed of fire-resisting materials, and shall be 
connected with an independent exit leading directly into 
a thoroughfare or way. 

All dressing-rooms shall be adequately ventilated to the 
outer air by windows in the external walls. 

No decoration, or construction for the purpose of decora- 
tion, shall be employed in such dressing-rooms which does 
not adhere without any cavities to the surface of the wall. 

No dressing-rooms shall be situated more than one 
storey below the street level. 

The exit doors from the dressing-room block shall be 
fitted with automatic bolts only. 

Sufficient and separate water-closet accommodation 
shall be provided for the use of the male and female artistes 
and orchestra, and urinal accommodation for the use of 
males. Such water-closets shall be constructed and ar- 
ranged to the satisfaction of the local sanitary authority. 

work- 26 All workshops, store-rooms, wardrobe, or painting 

shops, &c. rooms, in connection with such premises, shall > be separated 

from such premises and from each other by brick walls not 

less than 9 inches thick, and shall be placed in positions 

to be approved by the Council. 

All openings in such walls shall be closed by fire-resist- 
ing doors as described in No. 21 of these regulations. 
Such doors may, however, be of such greater size as the 
Council may approve. 

All such doors, if consisting of a single fold, shall be 
made to overlap the door frame at least 3 inches when 
closed ; and, if made in two folds, such folds shall overlap 
each other, when closed, at least 3 inches. 

All floors and ceilings of such rooms shall be formed of 
fire-resisting materials. 

All such rooms shall be ventilated by windows in the 
outer walls or otherwise to the satisfaction of the Council. 

Sufficient and separate water-closet accommodation shall 
be provided for the use of the male and female workpeople, 



PROTECTION OF THEATRES, ETC., FROM FIRE. 463 

and urinal accommodation for the use of the male work- Sec. 26. 
people. Such water-closets shall be constructed and ar- 
ranged to the satisfaction of the local sanitary authority. 

27 All limelight tanks, boilers with engines, and dyna- Limelight 
mos with engines in connection with such premises, shall iJSi^r's.and 
be placed in ventilated chambers or buildings of fireproof dynamos, 
construction. 

Such chambers or buildings shall be separated from such 
premises, and from each other, by brick walls and fire- 
proof floors, and shall be enclosed upon one or more sides 
by external walls. 

All openings between such premises and such chambers 
or buildings shall be fitted with fire-resisting doors as 
described in No. 21 of these regulations ; such doors, 
however, may be of such greater size as the Council may 
approve. 

28 All scene stores and property rooms in connection scene 
with such premises shall be enclosed by brick walls not store ' &c> 
less than 9 inches thick, and shall have floors and ceilings 
of fire-resisting materials. 

All openings from such scene stores and property rooms 
to such premises shall be closed by fire-resisting doors as 
described in No. 21 of these regulations ; such doors may, 
however, be of such greater size as the Council may 
approve. 

29 All constructional ironwork in such premises shall, ironwork, 
if considered necessary, be embedded in fire-resisting 
materials in a manner to be approved by the Council. 

30 No soft wood or other inflammable wall linings, inflamm- 
partitions, screens, or barriers shall be used in any part of finings, &c. 
such premises, and no cavities shall be left behind any 
linings. All woodwork of the stage shall be rendered non- 
inflammable or be hard wood. 

31 All skylights, and lantern lights in such premises Skylights, 
which may be liable to be broken, shall be protected by &c- 
stout galvanised iron-wire guards, securely fixed on the 
outside of such skylights or lantern lights. 



464 LONDON COUNTY COUNCIL REGULATIONS. 

Gas. 32 All such premises when lighted by gas shall have 

separate and distinct gas services and meters as follows 

(a) To the stage (wherever possible electric light shall 

be used) ; 

(b) To the auditorium ; 

(c) To the staircases, corridors, and exits. 

Such meters shall be placed in properly ventilated 
chambers of fireproof construction, the openings to which 
shall be fitted with fire-resisting doors as described in No. 
21 of these regulations. 

All gas brackets shall be fixed without joints ; and all 
burners within reach of the audience shall be fitted with 
secret taps, and shall be efficiently protected by glass or 
wire globes. 

All gas burners within 3 feet of inflammable ceilings 
shall be fitted with consumers of uninflammable material 
to distribute the heat. 

All gas pipes shall be made of iron or brass. 

Where there is to be a stage or where scenery is to be 
used, the footlights or floats shall be protected by fixed 
wire guards. 

The rows and lines, and gas burners in the wings (which 
must commence 4 feet at least from the level of the stage) 
shall be protected by fixed iron -wire guards. 

All battens shall be hung by at least three wire ropes, 
and shall be protected at the back by a solid metal guard 
and wire fixed to a stiff iron frame at such a distance from 
the gas jets that no part of the scenery or decoration can 
become heated. 

All moveable lights shall be fitted with flexible tubes, 
and the gas in every case shall be capable of being- turned 
off by the tap on the stage as well as by that on the flex- 
ible tube. 

All flexible tubes shall be of sufficient strength to resist 
pressure from without. 

An indicating gas plate shall be provided at a convenient 
place at the side of the stage. A stop cock shall be pro- 
vided outside such premises in order that the supply of 
gas may be cut off when necessary. 

on or 33 Additional means of lighting in such premises for 

tamps. use m *ke e vent of the gas or the electric light being ex- 



PROTECTION OF THEATRES, ETC., FROM FIRE. 465 

tinguished, shall be provided for the auditorium, corridors, Sec. 33. 
passages, exits, and staircases, by a sufficient number of 
oil or candle lamps, of a pattern to be approved by the 
Council, properly secured to an uninflammable base, and 
placed, if possible, out of reach of the public. This shall 
not apply where there is a complete installation of both gas 
and electric light, or two complete systems of electric 
lighting from separate companies. 

Such lamps shall be kept alight during the whole time 
the public are in such premises. 

No mineral oils shall be used in such lamps. 

34 If there be a sun burner in such premises it shall sun 
be provided with a pilot light, which shall be placed so burner - 
that such sun burner can be lighted from the stage. 

35 All parts of such premises shall be properly and ventiia- 
sufficiently ventilated in a manner to be approved by-ihe tion ' 
Council. 

All openings for ventilation shall be shown on the plans, 
and described in the specification, which shall be submitted 
to the Council for its approval. 

36 Each part of all such premises used by the public Water- 
shall be provided with sufficient and separate water-closet Closet8 &c - 
accommodation for the use of males and females, and 
urinal accommodation for the use of males. Such water- 
closets and urinals shall be constructed and arranged to 
the satisfaction of the local sanitary authority. 

37 Alb such premises shall be provided with a sufficient Hydrants, 
number of hydrants, each by a diameter of not less than &c< 
2-J- inches ; such hydrants shall be connected by, at least, a 
3-inch main with a water company's high-pressure street 
main. 

Where such premises contain a large superficial area 
for the accommodation of the public, the size of the main 
supplying the hydrants shall be determined by the 
Council. A pressure of at least 30 Ibs. on the square 
inch shall be maintained in the flies and upper tiers of 
such premises. 

Bach of such hydrants shall be provided with, at least, 
30 



466 LONDON COtJNTY COUNCIL REGULATIONS. 

Sec. 37. a 30-feet length of hose with fittings of the Metropolitan 
Fire Brigade pattern, and shall be fitted with bibcocks for 
filling buckets. Three buckets filled with water shall be 
kept near each hydrant. Hand pumps or other small fire 
appliances shall be provided as required. 

Where there is no constant supply of water, there shall 
be provided on the top of the proscenium wall, or at some 
other place to be approved by the Council, two cisterns, to 
be kept always filled with water. 

Such cisterns shall be each capable of containing at 
least 250 gallons of water for every 100 persons of the 
audience to be accommodated in the building, and shall be 
properly protected from all danger of frost. 

Fire mains shall be connected with such cisterns to hy- 
drants to be fixed in such places and in such a manner as 
may be approved by the Council. 

Telephone 38 Every theatre, and, where considered necessary by 
the Council, all other premises licensed for public enter- 
tainments shall be connected with the nearest fire-brigade 
station by telephone alarm. The positions for such alarms 
and the number of points in the house shall be decided 
upon by the chief officer' of the fire brigade. The installa- 
tion and maintenance shall be carried out by the General 
Post Office at the cost of the lessee. 

Hangings, 39 All woodwork of stage, hangings, curtains, and 
&c ' draperies in such premises shall be rendered non- 

inflammable. 



Fire (pre- 
cautions 
against). 



40 Blankets or rugs, and buckets filled with water shall 
always be kept on the stage, in the flies, scene stores, or 
wings, and in the immediate passages approaching the 
dressing-rooms of such premises, and attention shall be 
directed to them by placards legibly printed or painted 
and fixed immediately above them to the satisfaction of 
the Council. 

Some person shall be held responsible by the manage- 
ment for keeping the blankets or rugs, and fire appliances 
ready for immediate use. 

Hatchets, hooks, and other appliances, for taking down 



PROTECTION OF THEATRES, ETC., FROM FIRE. 467 

hanging scenery in case of fire shall be always kept in Sec. 40. 
readiness for immediate use. 

The regulations as to fire shall be posted in some con- 
spicuous place approved by the Council in such premises, 
so that all persons connected with such premises may be 
acquainted with such regulations. 

41 No fire-place shall be formed in any portion of the Fire-pinces 
auditorium or stage of such premises. or Btoves - 

All open fire-places or stoves in any other part of such 
premises shall be protected by strong fixed iron-wire guards 
and fenders of not more than 1-J-inch mesh completely 
enclosing the fire. A part of the guard or fender may be 
made to open for all necessary purposes. 

42 The electric lighting and heating apparatus shall be Electric 
carried out to the satisfaction of the Council, and no work j^*J ting 
shall be commenced until the sanction of the Council has heating, 
been obtained to what is proposed to be done. Copies of 
the Council's regulations on the subject can be obtained on 
application to the Clerk of the Council. 

43 Such premises shall, where considered necessary by Lightning 
the Council, be provided with a lightning conductor, to the conductor, 
satisfaction of the Council. 

44 The Council reserves to itself the right from time power to 
to time, in any special case, to modify or dispense with *g d ^ r 
these regulations. with these 

All applications for dispensation or modification of these tfons a 
regulations shall be made in writing, addressed to the 
Clerk of the Council, and shall contain a statement of the 
facts of the particular case, and the reason why it is 
desired to modify or dispense with these regulations as 
applicable. 

45 When the premises have been licensed, the person Person 
or persons in whose name the licence is granted by the 
Lord Chamberlain or the London County Council shall be 
held responsible for the due management of such premises, 
and for the safety of the public and his or their employees 
in the event of fire. 



Additions 
or altera- 
tions to 
premises. 



468 LONDON COUNTY COUNCIL REGULATIONS. 

46 No subsequent alterations shall be made to such 
premises without the sanction of the Council havingbeen 
first obtained. 

Notice of any intended structural addition to, or altera- 
tion of, any such premises shall be given in writing to the 
Clerk of the Council, and shall be accompanied by draw- 
ings, elevations, and sections, block plan, and specification 
of the works to be executed similar to those required in 
the case of premises to be certified for the first time by 
the Council, and shall show such intended addition or 
alteration. 

The Council will, if necessary, cause a fresh survey of 
such premises to be made. 

No doors, bolts, or other fastenings, obstructions to the 
means of egress, flap seats or other means of diminishing 
or stopping up the gangways, whether permanently or 
temporarily, shall be permitted. 

NOTE. The issue of the certificate referred to in these 
regulations does not preclude the Council from considering, 
on its merits, any application which may hereafter be made 
to it with respect to the licensing of the building for public 
entertainments. 

& 









469 



THE PROTECTION OF THEATRES, 
ETC., FROM FIRE. 

Regulations made by the Council on the 25th March, 1902, 
with respect to the electric lighting and heating ar- 
rangements of theatres, houses, etc. 

ELECTRIC LIGHTING. 

SECTION PAGE 

1. Sanction of Council to be obtained to all work - 471 

2 and 3. Tests 471 

4. Main circuits - - 471, 472 

5. Supply by public lighting company 472 
6 and 7- Three-wire system - - ' - - - - 472 

8- Independent companies - ... 473 
Change-over switches - 473 

9- Unlicensed premises ...... 473 

10- Metallic circuits 473 

11. Sub-circuits 473 

12- Dressing-rooms 473 

13. Conductors 473, 474 

14 and 15. Cables. Insulation 474 

16 and 17. Flexible conductors 474, 475 

18- Joints 475 

19. Other means of insulation 475 

20, 21, 22, 23, 24, 25, 26, and 27. Conductors 475, 476 

28- Stage lighting 476 

29 and 30. Stage switch-board 476, 477 

31, 32, and 33- Footlights 476 

34 and 35. Stage sockets 477 

36. Battens - ... 478 

37. Arc lamps - 478 

38- Cut-outs - 473 

39 to 42. Switches, cut-outs, &c. 478, 479 

43- Resistances, &c . 479 

44 and 45. Generating plant 479, 480 



470 LONDON COUNTY COUNCIL. 

SECTION PAGE 

46. Gas engines - - - 480 

47. Batteries- 480 
48 to 52. Transformers - 480, 481 

53. High pressure 481 

54. Insulation resistance - - 481 

55. Supervision 481 

56. Motors, &c. - - 481 

57. Plan of wiring - - 482 

58. Temporary lighting 482 

HEATING. 

1. Fire-places 482 

2. Guards for fire-places, &c. - - 482 

3. System of heating - - 483 

4. Position of boiler, &c. - - 483 

5. Width of gangway, &c. - 483 
Pipe trenches - 483 

6. Radiators to be protected 483 

7. Inspection and testing of apparatus 483 

8. Expense of testing - 483 
9 to 14. Hot-water system - 483, 484 

15 to 20. Steam system - 484, 485 









471 



LONDON COUNTY COUNCIL. 

THE PROTECTION OF THEATRES, 
ETC., FROM FIRE. 

Regulations made by the Council on the %5th March, 1902, 
with respect to the electric lighting and heating arrange- 
ments of theatres, houses, rooms, and other places of 
public resort within the Administrative County of 
London. 

ELECTRIC LIGHTING. 

1 Before the installation of the electric light, or any sanction of 
electrical work or apparatus, and before any alterations or ^ u to 
additions to the electric installations are commenced, the tained to 
sanction of the Council shall be obtained to what is pro- a 
posed to be done. For this purpose plans showing the 
approximate positions of the lights, and specifications, 
together with full particulars of the work it is proposed 
to carry out, and drawings of proposed switch-boards shall 
be forwarded to the Clerk of the Council, to whom also 
complete drawings shall be sent on completion of the work. 

2 Where the electric light is permitted in such pre- Tests, 
mises, it shall be on condition that a competent electrical 
engineer shall certify in writing, to the satisfaction of the 
Council, once in twelve months that the system is in proper 
working order. 

3 Tests shall also be made by the officials of the 
Council from time to time. 

4 All such premises when lighted by electric light Main cir- 
shall have at least three separate and distinct main cults- 
circuits * 



472 LONDON COUNTY COUNCIL REGULATIONS. 

Sec. 4 (A) for the stage. 

(B) and (C) for the auditorium, corridors, exits, and all 
parts of the house open to the public. 

The circuits B and C shall be so arranged that approxi- 
mately half the lights in each division of the auditorium 
and half those in each corridor, exit, &c., shall be on B and 
the other half on C circuit. 

As far as "practicable the lights on the two circuits shall 
be placed alternately. 

In no case shall the two circuits be combined in one 
fitting, nor shall the wires or leads for one circuit be placed 
in the same box, tube, creasing, &c., as those of another circuit. 

Supply by 5 When the current is supplied by a public lighting 
Fighting company or corporation these circuits shall be taken 
company separately from the street mains, each circuit being taken 
from a separate box and where practicable from a separate 
pair of mains. Where transformers are installed on the 
premises, separate transformers, with fuses, switches, and 
other apparatus, shall be used for each of the three circuits, 
and the transformers, &c., for circuits B and C shall be 
placed in separate rooms, or in detached strong iron cases 
placed well apart, and the primary and secondary mains 
properly protected, or shall be divided by a fireproof 
partition. 



g Where supply is given on the three-wire system, cir- 
cuits A and B or A and C may be supplied from the two sides 
of that system, but the other circuit C or B shall be taken 
from a separate connection with the street mains. 

7 The main leads, &c., for circuit A shall, where 
possible, be kept entirely on the stage side of the pro- 
scenium wall, and those for B and C entirely on the 
auditorium side of that wall. If it is desired to control a 
portion of the lights in the auditorium from the stage 
board (circuit A), this will be permitted if a sufficient 
number of lights, for safety purposes, be maintained on 
circuits B and C in each portion of the auditorium, en- 
tirely independent of the stage. The number and posi- 
tion of such lights shall be subject to the approval of the 
Council. 



PROTECTION OF THEATRES, ETC., FROM FIRE. 473 

8 The supply for the three main circuits may be taken indepen- 
from the mains of independent companies, but in such case paSi e C s m 
special precautions must be taken to prevent accidental 
connection. 

Change-over switches may also be used if approved by Change- 

j.i- r\ -i over 

the Council. switches. 

9 No unlicensed premises or parts of premises not unlicensed 
included in a licence shall be supplied with electric current P remises - 
from the mains or apparatus used for the licensed premises. 

10 In all circumstances complete metallic circuits Metallic 
shall be employed. circuite - 

Gas and water pipes shall never form part of any 
circuit. 

11 The main circuits A, B, and C shall be subdivided sub- 
as may be necessary. 

The number of lamps shall be so subdivided that no sub- 
circuit shall carry more than 10 amperes in the case of the 
auditorium, corridors, &c., or 40 amperes in the case of 
the stage ; and each sub-circuit shall start from a distribut- 
ing board. If the supply be given at a higher pressure 
than 100 volts the current in the sub-circuit shall be cor- 
respondingly reduced. 

The same sub-circuit shall not be used for arc lamps and 
incandescent lamps. 

Lights outside buildings shall be on sub-circuits entirely 
independent of inside lights. These outside sub-circuits 
may carry any current not exceeding 40 amperes if at 100 
volts, or correspondingly less at any higher pressure. 

Circuits for power or heating purposes shall be kept 
distinct and separate from lighting circuits. 

12 Dressing-rooms and other parts of the premises Dressing- 
used by the staff shall be lighted to the satisfaction of the rooms - 
Council. 

13 All conductors used within buildings shall be of Con- 
tinned copper, having a conductivity equal to not less dB 
than 98 per cent, of that of pure copper, and shall be so 
proportioned to the work they have to do that the current 



474 LONDON COUNTY COUNCIL REGULATIONS. 

Sec. 13. density in any conductor shall not exceed a ratio of 1000 
amperes per square inch if the supply be given at or below 
a pressure of 115 volts. In case of the supply being given 
at a higher voltage, the density shall not exceed a ratio of 
800 amperes per square inch. 

The conductors shall be insulated with pure and vul- 
canised india-rubber of approved quality. 

Gabies. 14 The insulation resistance shall not be less than 

insulation. 6 QO megohms per statute mile, at 60 degrees Fahr., after 
one minute's electrification, when tested with at least 400 
volts, and after 48 hours' immersion in water. If the 
pressure of the supply be above 115 volts the insulation 
resistance shall be 1000 megohms per statute mile in 
lieu of the 600 specified above. Certificates of test shall 
be supplied to the Council if required. 

Flexible 15 The insulated conductors shall be protected on the 
ductors. outside by stout tape or braiding impregnated with pre- 
servative compound. 

16 Flexible conductors (if composed of wires smaller 
than No. 25 S.W.G., shall be of untinned copper wire; if 
composed of larger wire, the wire shall be tinned) shall be 
insulated with pure and vulcanised india-rubber, and have 
an insulation resistance of not less than 600 megohms per 
statute mile when tested as above, and shall be protected 
on the outside by a stout braiding and rubber tube 
where necessary (for instance in the orchestra). Should 
any of these flexible conductors be damaged they shall be 
at once replaced. 

No circuit of this nature shall carry more than 10 
amperes if the pressure of the supply be not over 100 
volts, if the supply be given at a higher pressure the cur- 
rent shall be correspondingly reduced, and each circuit 
shall be protected by a fuse on each pole. The restriction 
to 10 amperes shall not apply to batten and hanging 
length circuits. 

17 In all cases conductors conveying currents of high 
electro-motive force inside buildings shall be specially and 



PROTECTION OF THEATRES, ETC., FROM FIRE. 475 

exceptionally insulated, and cased in, and the casing shall Sec. 17. 
be made fireproof and connected to earth. 

The positive and negative terminals connected to such 
conductors shall not be nearer to each other than 12 inches 
if the pressure exceeds 480 volts, or 6 inches if the pressure 
exceeds 240 volts but is less than 480 volts, and the 
terminals shall be efficiently protected from risk of con- 
tact. 

18 Joints in conductors shall be avoided, but when joints, 
unavoidable, they shall be electrically and mechanically 
perfect. Soldering fluids shall not be used in making such 
joints. 

19 If it is desired to use any other means of insula- other 
tion than that above specified, special permission shall 
obtained from the Council, and no material shall be used 
which is not waterproof, or protected by waterproof cover- 
ing, or which will soften at a temperature below 170 
degrees Fahr. 

20 All conductors shall be efficiently protected fromcon- 
mechanical injury. nxing'and 

Where conductors pass through walls, fireproof floors, or protection, 
ceilings, they shall be protected by iron pipes or by glazed 
stoneware or porcelain tubes, and precautions shall be taken 
to prevent the possibility of fire or water passing along the 
course of the conductors. Split tubing must not be used. 

21 I n special cases, or where necessary for protection 
from the depredations of rats, mice, or other vermin, 
armoured cables may be used. 

These need receive no further mechanical protection, but 
the armouring shall be efficiently earthed. 

22 Lead-covered cables shall not be used unless pro- 
tected by external armour of iron or steel or enclosed in 
substantial iron pipes or tubes. 

23 Metal fastenings for fixing conductors shall be 
avoided as far as possible. When unavoidable some addi- 
tional covering shall be used to protect the conductor, 



476 LONDON COUNTY COUNCIL REGULATIONS. 

Sec. 23. unless armoured, from mechanical injury at the point of 
support. 

24 If casing be used, it shall be of hard wood, and 
each conductor shall be laid in a separate groove, unless 
previous permission be obtained from the Council to vary 
this condition. In no circumstance shall wires of opposite 
poles be laid in the same groove, nor wires of the same 
polarity belonging to different circuits A, B, and C. The 
cover shall be secured by screws at the outer edges. 

Casings shall, as far as possible, be placed in sight, and 
the conductors shall always be accessible. 

Casing shall not be used where it is liable to injury from 
weather or leakage of water, nor shall it be recessed into 
plaster. 

25 No soft or fusible metal tubing shall be used to 
contain conductors, nor shall any tubing which is not water- 
tight be embedded in walls or plaster or floors. 

26 Where iron pipe or tube is used as a mechanical 
protection it shall be bushed where necessary, and proper 
joint boxes shall be used. 

External 27 All external conductors shall be specially insulated 
ductors. an( ^ * a ^ m i ron pip 68 properly jointed and bushed, and 
of ample size. Proper joint boxes shall be used wherever 
joints occur in the conductors. In no case shall conductors 
belonging to different circuits (A, B, and C) be run in the 
same barrel or be carried through the same boxes. 

Such iron pipes shall be protected where necessary, and 
securely fixed and supported when not underground. 

stage 28 When there is a stage, it shall, if possible, be 

lighted by electric light only. Special care shall be taken 
that all works in connection with the lighting of the stage 
are carried out in as substantial a manner as possible. 

stage 29 A switch - board, containing all the necessary 

board 1 switches, cut-outs, and other fittings for the control and 
regulation of the stage lighting shall be fixed in some 
convenient position preferably overlooking the stage. 



PROTECTION OF THEATRES, ETC., FROM FIRE. 477 

This board shall be inaccessible to all but the persons em- Sec. 29. 
ployed at such premises to work it. 

If the connections are made at the back of the board there 
shall be a space of not less than 3 feet between the wall 
and the back of the board, or such larger space as may be 
necessary to ensure the thimbles and connections being at 
all times easily accessible, or, as an alternative, provision 
shall be made by hinging the board or placing it on rollers 
for rendering the back of the board accessible without 
breaking the connections or dismounting the board. 

30 No metalwork in connection with the circuits shall 
be exposed or so fixed or constructed as to be liable to cause 
a short circuit. 

31 Lamps on battens, footlights, &c., shall be protected Footlights, 
by stiff wire guards, so arranged that no scenery or other 
inflammable material can come in contact with the lamps. 

32 No readily combustible material shall be used in 
connection with any lamps in such a manner that it might 
come in contact with the lamps. 

33 No soft or readily inflammable wood shall be used 
in connection with the lamps, and all wood shall be pro- 
tected by uninflammable material from the possibility of 
ignition by an arc between any two parts of the two con- 
ductors, or by heated particles from any conductor or part 
of a conductor which may connect together the two main 
conductors. 

34 The sockets for the stage shall be of hard wood, stage 
vulcanite, or slate, with metal guards, care being taken to socket8 - 
avoid risk of ignition, and they shall be of specially sub- 
stantial construction. 

35 Where a number of lights, as in the footlights, 
battens, &c., are supplied under control of one switch, and 
protected by one single or double pole cut-out, as the case 
may be, the conductors shall be maintained throughout of 
such a section that they will be effectually protected by the 
cut-outs against heating. 



478 LONDON COUNTY COUNCIL REGULATIONS. 

Battens. 36 The leads to the battens shall be specially guarded, 
particularly at the points where they join on to the battens, 
and a sufficient length shall be allowed to prevent the leads 
receiving any injury through any movement of the battens, 
and this part of the leads shall be protected by leather or 
stout waterproof canvas hose, properly fixed. 

The battens shall be suspended by at least three wire 
ropes attached to insulators on the battens. 

On no account shall the same battens be adapted for 
both gas and electric light. 

Arc lamps. 37 Arc lamps shall not be used inside such premises 
without special permission from the Council. 

When they are used special precautions shall be taken 
to guard against danger from falling glass or incandescent 
particles of carbon. 

All parts of the lamps, lanterns, and fittings which are 
liable to be handled (except by the persons employed to 
trim them) shall be insulated from the framework. 

In no case shall arc lamps be suspended by the con- 
ductors. 

Cut-oats. 38 All circuits shall be efficiently protected by cut- 
outs, placed in positions easily accessible to the staff, but 
inaccessible to the public. 

All cut-outs shall be of such pattern and be fixed in 
such a position as to admit of quick replacement. 

All circuits carrying a current 10 amperes or more shall 
be provided with a cut-out on each conductor, and the two 
cut-outs shall not come in the same compartment. 

All cut-outs shall be so constructed that fused metal in 
falling cannot cause a short circuit or an ignition. 

All cut-outs shall be so marked as to show what circuit 
or lamps they control. 

Switches, 39 All exposed metal work, such as fittings, switch 
cut-outs, an( j f use covergj & C-j shall De efficiently insulated from the 
circuits. 

All switches, cut-outs, ceiling roses, wall and floor 
sockets, and lamp holders shall have uninflammable bases 
and covers. 

All switches and cut-outs shall have .sufficient length of 



PROTECTION OF THEATRES, ETC., FROM FIRE. 479 

break, and shall be constructed so as to prevent the risk of Sec. 39. 
formation of an arc. All lamp holders shall be of bayonet- 
socket form and shall be fitted with porcelain bridges or 
some equivalent separation between poles. 

All switches shall be of ample size to carry the currents 
for which they are intended without heating, and shall be 
so constructed that it will be impossible for them to remain 
in any position intermediate between the " on " and the 
"off" positions, or to permit of a permanent arc or short 
circuit. 

40 All fittings shall be suspended in an approved 
manner, and special care taken to avoid risk of suspension 
failing from any cause. 

41 Combined gas and electric fittings shall not be 
used. 

42 All switch and fuse-boards which are not fitted with 
front connections shall be so mounted as to give instant 
and easy access to the connections at the back of the board, 
and shall be provided with dividing strips between poles, 
both at back and in front, and proper lock-up cases with 
glass fronts, the glass (unless plate of adequate thickness) 
shall be protected with a wire guard or boxes with lids 
and sides rendered fireproof by asbestos sheeting or some 
equivalent method may be used. 

43 Resistances for regulating the power of the lights Resist- 
or motors or for other purposes shall be mounted on in- ances - 
combustible bases, and shall be so protected and placed at 
such a distance from any combustible material that no 
part of the resistance, if broken, can fall on such material, 
or vice versa. 

Principal metallic resistances shall be placed in a fire- 
proof room reserved for>the purpose. Liquid resistances 
shall be provided with proper trays and stands. 

44 Where the supply of current is derived from special Qenerat- 
plant on the premises or under the control of the licensee, lng plant 
such plant must in all cases be approved by the Council. 
It must be in duplicate. Such duplication may be pro- 



480 LONDON COUNTY COUNCIL REGULATIONS. 

Sec. 44. vided either by not fewer than two separate boilers, 
engines, and dynamos, each capable of supplying the maxi- 
mum ordinary load, or, in lieu of one engine and dynamo, 
a battery of approximately equal capacity for a minimum 
period of five hours, and such battery shall be fully charged 
before the commencement of every performance, or another 
alternative may be adopted by obtaining a full supply from 
the mains of a public company or borough council by means 
of proper change-over switches. The position and the 
construction of the change-over switches shall be subject to 
the approval of the Council. Where gas engines are used, 
a battery or other duplicate supply shall be provided, gas 
engines alone shall not be accepted as sufficient. No un- 
licensed building or unlicensed portion of a building shall 
be supplied from any part of the installation of the licensed 
part of the building unless the installation in such un- 
licensed portion is open to inspection and testing by the 
Council. The switch-board and its fittings must be to the 
satisfaction of the Council. 

45 Boilers, steam engines, gas engines, and dynamos, 
when used for the supply of electricity to such premises 
shall be placed in such positions as shall be sanctioned by 
the Council. 

All necessary provision shall be made for keeping the 
temperature of the engine-rooms within proper limits. 

Gas 46 Gas engines shall be placed in rooms so adequately 

engines. an( j continuously ventilated that no explosive mixture of 
gas can accumulate by any leakage through the engine in 
the event of any of the gas cocks being left turned on. 

A hood connected with a pipe carried into the external 
air shall be fixed over the ignition tube when this is used. 

Batteries. 47 Primary or secondary batteries shall be placed in 
rooms so adequately ventilated to the outside air that no 
fan shall be necessary. These rooms shall be of fireproof 
construction with iron doors. 

The batteries shall be well insulated. 

. 

Trans- 48 Transformers used to transform either direct or 

formers, alternating currents, together with the switches and cut- 



PROTECTION OF THEATRES, ETC., FROM FIRE. 481 

outs connected therewith, shall be placed in a fire and Sec. 48. 
moisture-proof structure adequately ventilated to the out- 
side air, and accessible to the management. 

49 Where the primary current is of high potential, 
such structure shall be, preferably, outside the building. 

No part of such apparatus shall be accessible except to 
the persons in charge of its maintenance. 

50 The outer case of all transformers shall be efficiently 
connected to earth. 

51 Proper labels indicating the circuit controlled shall 
be affixed to all transformers, main switches, fuses, &c. 

52 No transformer which, under normal conditions of 
load, heats above 130 degrees Fahr., shall be used. 

53 Transformer circuits shall be so arranged that in 
no circumstances shall a contact between the primary and 
the secondary coils lead an electro-motive force of high 
pressure into the building. 

The term high pressure means in all cases throughout High pres- 
these regulations pressure above 240 volts. 

54 The insulation resistance of a system of distribution insulation 
shall be such that the greatest leakage from any conductor re 
to earth, when all branches are switched on, shall not ex- 
ceed one sixty-thousandth part of the total current intended 
for the supply of the said lamps and motors ; the test being 
made at the usual working electro-motive force. Provided 
that this rule shall not be held to justify a lower insulation 
resistance than 10,000 ohms. 

55 The generating plant and switching gear shall be super- 
in the hand of thoroughly competent manipulators, and V1810n - 
the engine room (if any) shall be inaccessible to the public, 
and shall, where possible, have an independent entrance. 

56 Motors or electrical heating apparatus shall, if per- Motors, etc. 
mitted, be subject to special conditions, but electric fans 
and similar motors, not) taking more than 300 watts may 

31 



482 LONDON COUNTY COUNCIL REGULATIONS. 

Sec. 56. be used if separately wired from fuses on a proper distri- 
buting board. 

Plan of 57 A plan of the wiring shall be always kept in a 
wiring. prominent position in the office of the manager of such 
premises. 

Temporary 5g I n all cases in which it is desired to instal tem- 
porary lighting, notice shall be given to the Clerk of the 
Council in writing as long as possible before it is desired 
to commence the work. 

Wires and cables shall be adequately and firmly fixed, 
and shall be similar to the wires already specified in these 
regulations, and in all cases where the wires are within 
reach of the public they shall be cased. 

All joints shall be soldered and taped if used for more 
than one week, and if used less than a week the wire shall 
be soldered if larger than 7/20 S.W.G., or its equivalent. 
In either case the joints shall be taped. 

The circuits shall be subdivided as much as possible, no 
sub-circuit exceeding 10 amperes. 

All temporary work shall be immediately removed when 
no longer required for the purpose for which it was in- 
stalled. 

In the case of temporary work on the stage, all con- 
nections to the permanent installation shall be removed 
immediately after each performance in which they are 
used unless permission be obtained to the contrary. 

Such special conditions as may be requisite in each case 
will be attached to the consent of the Council to the use of 
temporary electrical work. 

HEATING. 

Fire-places. 1 No fire-place shall be formed in any portion of the 
auditorium or stage of such premises. 

Guards for 2 All open fire-places or stoves in any other part of 
orttoveT sucn premises shall be protected by strong fixed iron-wire 
guards and fenders of not more than 1^- inch mesh com- 
pletely enclosing the fire. A part of the guard or fender 
may be made to open for all necessary purposes. 



PROTECTION OF THEATRES, ETC., FROM FIRE. 483 

3 The system of heating shall be by hot air, low pres- System of 
sure hot-water, or low pressure steam. The high pressure he 
hot water system with sealed pipes shall not be permitted 

4 The boiler, furnace, oven, or other heating apparatus Position of 
shall be placed in a situation to be approved by the Council, 
and shall be enclosed upon all sides by brick walls not less 
than 9 inches thick, which shall be properly roofed and 
ventilated. 

5 All hot water or steam pipes, or coils, shall be re- width of 
cessed in the walls where necessary, or shall be otherwise Jot to be* 
arranged so as not to diminish the clear width of the gang- 
ways, and, where necessary, shall be provided with guards. 
Where the pipes are placed in trenches below the level of pipe 
the floor and covered by grids or gratings, such trenches trenches - 
shall be sufficiently large to admit of being thoroughly 
swept. 

6 All radiators placed in those parts of the premises Radiators 
to which the public has access shall be protected with stout jj 1 ? e d pro " 
wire guards, or otherwise to the Council's satisfaction. 

7 Each boiler or heating apparatus when new shall inspection 
be tested, in the presence of an official of the Council, tfy$2^5i? 
hydraulic pressure to twice the working load. The licensee tus - 
shall furnish annually to the Clerk of the Council a satis- 
factory certificate that such boiler or heating apparatus has 
been inspected, tested, and approved as safe by a com- 
petent person within fourteen days from the date of such 
certificate. 

8 The expense of such testing shall be borne entirely Expense 
by the licensee of such premises. 

9 Where the hot-water circulation system is adopted, Hot-water 
the boiler may be of the cylindrical, saddle, or other ap- 
proved type, and made of wrought iron, mild steel, or copper, 
or may be of an approved sectional type and made of cast 
iron or cast steel. 



484 LONDON COUNTY COUNCIL REGULATIONS. 

10 The boiler shall be provided with a dead weight 
or other approved safety valve, either of the lock-up type, 
or protected by an approved locked guard. The valve shall 
have an independent attachment to the boiler, and where 
connecting pipes are used they shall be of wrought iron or 
copper, and shall not be used for any other service. 

11 The valves shall not in any circumstances be fixed 
to the circulating pipes, and shall be placed in such a 
position as will ensure protection from soot and dirt. 

12 The supply cistern and all pipes in exposed situa- 
tions shall be adequately protected against the action of 
frost. 

lo The pipes throughout the system (with the excep- 
tion of such connections or fittings as may be of copper) 
shall be of the strongest standard section of wrought iron 
or steel tubing, or of a strong section of cast iron or cast 
steel, and all iron or steel feed pipes below 1-j- inches in 
diameter shall be galvanised. 

14 The term low pressure shall be understood to mean 
the pressure due to the vertical head of water between the 
boiler and the supply cistern. 

steam 16 Where the steam system is adopted the boiler may 

system. t> e O f ^he plain cylindrical, mulitubular, or other approved 

type, and made of wrought iron, mild steel, or copper, or 

may be of an approved sectional type, and made of cast 

iron or cast steel. 

16 The boiler shall be provided with a dead weight 
or other approved safety valve, either of the lock-up type 
or protected by an approved locked guard. 

17 The valve shall have an independent attachment to 
the boiler, and where connecting pipes are used they shall 
be of wrought iron or copper, and shall not be used for any 
other service. 



PROTECTION OF THEATRES, ETC., FROM FIRE. 485 

18 The pipes throughout the system (with the excep- 
tion of such connections or fittings as may be of copper) 
shall be of the strongest standard section of wrought iron 
or steel tubing, and all iron or steel feed pipes below 1-J 
inches in diameter shall be galvanised. 

19 The term low pressure shall be understood to mean 
a maximum pressure of fifteen pounds per square inch 
above the pressure of the atmosphere. 

20 The boiler may be worked at any approved pressure, 
and if such pressure exceeds fifteen pounds per square inch 
a reducing valve shall be attached to the boiler, having a 
safety valve and pressure gauge on the outlet side, the 
valve to be loaded to a pressure not exceeding fifteen 
pounds per square inch, which shall be the maximum 

Eressure allowed on any part of the heating system apart 
:om the boiler house. 



486 



LONDON COUNTY COUNCIL 
REQUIREMENTS 

Approved by the Council, Wth December, 1907. 

PAGE 

London Building Acts (Amendment) Act, 1905 - - - 487-489 
Factory and Workshop Acts, 1901 and 1907 - - 489-497 
Means of escape to roofs 488-489 



48? 



L.C.C. REQUIREMENTS. 

Approved by the Council, 10th December 1907. 



LONDON COUNTY COUNCIL. 



LONDON BUILDING ACTS (AMENDMENT) ACT, 1905 

MEANS OF ESCAPE IN CASE OF FIRE, and 
FACTORY AND WORKSHOP ACTS, 1901 and 1907. 



NOTE. Applicants are advised to obtain copies of the 
Acts of Parliament mentioned below. 

LONDON BUILDING ACTS (AMENDMENT) 
ACT, 1905. 

By the provisions of sections 7 and 9 of the London High bui< 
Building Acts (Amendment) Act, 1905, the duty is im- ^ g e s n ty d 
posed upon the London County Council of ensuring that person 
the following buildings shall be provided with such means 
of escape in case of fire as can be reasonably required in the 
circumstances of the case : 

(a) Any high building, i.e., a building having any storey 
the level of the upper surface of the floor whereof 
is at a greater height than 50 feet above the level 
of the footway (if any) immediately in front of 
the centre of the face of the building in which 
such storey is situate, or, where there is no such 
footway, above the level of the ground before 
excavation. 

(6) Any building in which sleeping accommodation is 
provided for more than twenty persons, or which is 
occupied by more than twenty persons, or in which 
more than twenty persons are employed, or any 



488 THE L.C.C. (GENERAL BOWERS) ACT, 1908. 

new building which is constructed or adapted 
to be occupied by more than twenty persons, or 
which is constructed or adapted for the employment 
therein of more than twenty persons. 
tfote. Dwelling-houses occupied as such by not more 
than one family are exempt from the provisions of sections 
7 and 9. 

projecting By the provisions of section 10, in every new and exist- 
ing building in which any persons are employed or sleep, 
part of which is used or adapted to be used as a shop and 
projects 7 feet or more beyond the main front of such 
building, the roofs over the projecting portions are required 
to be constructed of fire-resisting materials not less than 5 
inches thick. Provisions are also made with regard to the 
position and construction of lantern lights and ventilating 
cowls in such roofs. 

Booms over By the provisions of section 11, buildings used in part 

used^fo? for the storage of inflammable liquid and in part for living 

^flammable rooms > & C '* are required to be provided with 

liquid. (1) Adequate safeguards to prevent the spread of fire 

from the part of the building used for the storage 

of any such inflammable liquid to any room used 

as a living room, workshop or workroom constructed 

over or communicating directly with any part used 

for the storage of such inflammable liquid, and 

(2) Means of ready escape from such room in case of 

fire. 

Me ts S t f ^ ^ e P rov i s i ns f section 12 every existing building 
roofs. having a shop projecting 7 feet or more from the main front 

of the building and to which section 10 above referred to 
applies, and every other existing building, except a 
dwelling-house occupied as such by not more than two 
families, and every new building shall, if having more 
than two storeys above the ground storey or if exceeding 
30 feet in height, be provided (unless and except so far as 
the Council shall otherwise allow) with a dormer window or 
a door opening in a suitable position on to the roof or a 
trap door in a suitable position with a fixed or hinged 
step ladder or other proper means of access to the roof as 
specified in such section 1 2, and with a sufficient parapet or 
guard rail where reasonably practicable and necessary to 
prevent persons slipping off the roof. Ihe provisions of 



FACTORY AND WORKSHOP ACTS, 1901 AND 1907. 489 

such section do not apply to buildings falling within either 
sections 7 or 9 above mentioned. 

Under the provisions of section 13 S buildings shall not, 
without the consent of the Council, be converted, whether 
by change of user involving structural alterations or not, 
in such a manner that the buildings when so converted will 
not be in conformity with the Act. 

Under the provisions of section 14 all means of escape Means of ^ 
provided under this Act or otherwise shall be kept and maintained, 
maintained by the owner of the building in good condition 
and repair, and efficient working order, and no person shall 
obstruct or render less commodious, or permit or suffer to 
be obstructed or rendered less commodious any such means 
of escape. 

Certain buildings are specially exempted from the opera- J^JJJjJJJJ 11 
tions of the Act (sections 28 to 42), and there is also buildings, 
a proviso (section 26) that the provisions of the Act shall 
not apply to any building the whole of which is a factory 
or workshop within the meaning of section 14 of the 
Factory and Workshop Act, 1901, or to any common 
lodging-house within the meaning of any statute for the 
time being in force relating to common lodging-houses 
within London. 

Under certain defined circumstances (see section 22) the Bight to ap- 

f , I-IT i -lit t p^al under 

owner ot an existing or new building has a right to appeal certain 
to the Tribunal of Appeal against the decision of the conditionB - 
Council. 

FACTORY AND WORKSHOP ACTS, 1901 

AND 1907. 

The provisions of section 14 of the Factory and Work- 
shop Act, 1901, and the provisions of the Factory and 
Workshop Act, 1907, require that each factory, workshop, 
or laundry, in which more than 40 persons are employed, 
shall be provided which such means of escape in case of fire 
for the persons employed therein, and can reasonably be 
required in the circumstances of each case. 

In case of a difference of opinion between the owner of Arbitration 
an existing factory or workshop and the Council under of a differ" 
section 14, there is a provision in the Act for arbitration, ^n owner 
but this does not apply to new factories or workshops. and Council. 



490 THE LC.O. (GENERAL LOWERS) ACT, 1908. 



STATEMENTS OF GENERAL REQUIREMENTS. 

The following statement with reference to the require 
ments in respect of the means of escape in case of fire to be 
provided in accordance with the provisions of the before- 
mentioned Acts, has been drawn up with a view to assist- 
ing owners and others in submitting applications and 
proposals to the Council thereunder. This statement must 
not, however, be taken as binding upon the Council, but only 
as a general guide or indication, since each case is, after 
full consideration of the varying circumstances, dealt with on 
its merits : and nothing herein contained must be taken as in 
any way interfering with or derogating from the powers of 
the Home Office, the Council, the District Surveyors or any 
other authority whatsoever under the factory Acts, the 
London building Acts or any other Act, or under any by- 
laws that may be made under section 15 and section 153, 
sub-section 3, of the Factory and Workshop Act, 1901, or 
under by-laws or regulations relating to the construction 
of building or otherwise, or as constituting any consent, 
sanction, allowance or permission under any such Act, 
by-law or regulation, but all such Acts, by-laws and regula- 
tions must be fully observed and complied with notwith- 
standing anything herein contained. 

APPLICATION. 

Applications for the Council's certificate in respect of the 
means of escape from new buildings, and applications with 
proposals to meet the Council's requirements in respect of 
the means of escape from existing buildings or for exemp- 
tions from any of the provisions of the above Acts should 
state : 

(a) The Act and section of the Act under which applica- 

tion is made. 

(b) The number of persons for whom sleeping accom- 

modation is provided and the number of persons 
occupying or employed on or intended to be occu- 
pied or employed on the various floors of the pre- 
mises, specifying approximately the numbers of 
males or females. 



MEANS OF ESCAPE. 4dl 

(c) The trade, if any, carried on or to be carried on on 
each floor, with particulars of machinery, power, 
&c. 
(c?) In the case of existing buildings, the date of the 

erection of the building. 
(e) The name and address of the owner and occupier (if 

any). 

(f) Particulars of the occupation or proposed occupa- 
tion of the building. If in different occupations, 
particulars with regard to each part should be 
furnished. 

Applications should be accompanied by all necessary 
plans, sections, and elevations, drawn to one-eighth inch or 
one quarter inch scale (one-eighth inch preferred), and by a 
block plan to a small scale showing the premises and the 
surrounding buildings and thoroughfares, such block plan 
having the north point indicated. These plans should show 
(as far as may be necessary for the purpose of the applica- 
tion) the means of escape proposed to be provided. 

MEANS OP ESCAPE. 
The means of escape required depend, inter alia, upon the Means of 

n . . escape. 

following circumstances : 

(a) The area and disposition of the building. 
(6) The number and the distribution of the persons for 
whom the means of escape are to be provided. 

(c) The user of the building. 

(d) The nature of the construction of the building. 

(e) In the case of a building used for trade purposes the 

nature of the materials and goods stored or manu- 
factured in the building. 
(f) The provision of an efficient system of automatic fire 

alarms, sprinklers, or other appliances. 

It may, however, be laid down as a general principle Number < -f 
(subject to the exceptions hereinafter mentioned) that at 
least one enclosed and protected staircase and exit will be 
required, and in addition an alternative means of escape 
from each floor by one of the following means : 

(a) Another enclosed and protected staircase and exit in 

the same building. 

(b) A suitable staircase in another block to which access 



492 THE L.C.C. (GENERAL POWERS) ACT, 1908. 



Positions. 



Escape by 
roof. 



Cases in 

which one 

staircase 

maybe 

deemed 

sufficient. 



is given by doorway openings in the party or divi^ 
sion walls, or by external communication. 

(c) External gangways or balconies affording access to 

adjoining or adjacent buildings. 

(d) An external iron staircase. 

(e) Any other suitable arrangement which will, in the 

opinion of the Council, secure the desired object 
having regard to the circumstances of any particular 
case. No arrangement which is not permanently 
fixed in position or which requires manipulation in 
part or in whole in order that it may be used in 
case of emergency can be accepted. 

Where two or more means of escape from any floor are 
provided, they should be placed as far as reasonably 
practicable from each other so as to be approached from any 
part of the floor area independently of any one fire risk on 
that floor. 

(/) In all cases where considered necessary by the 
Council some means of escape from the roof of the 
building to the roof of the adjoining premises should 
be provided. 

(g) In small premises, and in some cases where it is 
possible to provide a staircase in a central position, 
one enclosed staircase may be accepted provided 
that the premises are not used for the storage or 
manufacture of inflammable or explosive materials. 



Main- 

tenauce. 



MAINTENANCE. 

Periodical examination should be made of all means of 
escape provided to ascertain whether they are in good con- 
dition and repair and in efficient working order. 

All persons who are employed in or who occupy buildings 
in which means of escape have been provided should be 
made acquainted with the position and nature of such 
means of escape. 

In hotels, boarding-houses, &c., notices should be dis- 
played in each bedroom giving information as to the position 
and nature of the means of escape in case of fire, and the 
corridors, staircases, and exits should be efficiently lighted 
during the night. 



EXTERNAL