for widening, opening, or improving any street (11 & 12 Vict. c. 63, s. 73). When any house, &c., has been taken down to be rebuilt, &c., the Board may prescribe the line for the new erection, giving compensation to the owner or other person interested for any loss in consequence of his house, &c., being set back (21 & 22 Vict. c. 98, s. 35), and the Board may, with the sanction of the Secretary of State, purchase any premises for making new streets (s. 36). No person can bring forward any house, &c., forming part of any street, beyond the line of the houses, &c., on either side, without the consent of the Board (24 & 25 Vict. c. 61, s. 28). The Board may make Bye-Laws with respect to the walls of new buildings, for securing stability and the prevention of fires; the space about buildings to secure free circulation of air, the ventilation of buildings, drainage, &c.; and the closing of buildings unfit for habitation (a): with provisions as to giving notices, deposit of plans, &c., by persons intending to lay out streets, as to inspection by the Board, and the removal of any work done in contravention of such Bye-Laws; but not to affect buildings erected prior to the constitution of the District (b). The re

(a) See suggested forms for Bye-laws, p. 614.

(b) A Local Board of Health, under their Bye-laws, prescribed certain rules for the erection of new buildings, subsequent to the constitution of the District; outbuildings having been pulled down and rebuilt, with additions to an old house, without regard to such requirements: Held, that there had been no violation of the Bye-laws, as the facts showed that there was no new building erected within the Local Government Act and Bye-laws, but only an addition to the old building (Shiel v. Sunderland, Mayor, 6 H. & N. 796; 30 L. J. M. C. 215).

A boundary wall and steps were re-built in accordance with the original plan for the entrance to a chapel, erected prior to the constitution of a District under the Local Government Act, and the Local Board having given notice to remove the wall as projecting beyond the distance sanctioned by their Byelaws, which had been approved by the Secretary of State, afterwards proceeded to pull down the wall: Held, that as the street in question was not a new street the Board were not justified, and that the Bye-laws made no difference as they could not go beyond the Act itself (Brown v. Holyhead L. B., 1 New Reports, 63).

The owner of a manufactory which he was desirous of pulling down and rebuilding, sent plans of his proposed new building, showing its site with regard to the adjacent property, to the Town Council acting as the Local Board

erection of any house, or conversion of any other building into a house, or of one house into more than one, is to be considered as the erection of a new building (21 & 22 Vict. c. 98, s. 34). The powers of the Towns Improvement Clauses Act, with respect to the naming and numbering of streets, improving lines of streets and dangerous buildings, precautions during the building and repair of houses, and clocks, are incorporated (s. 44);-under which Act, the Board may cause all houses, &c.,

of Health, for approval before he pulled down the factory. An approval was returned to him by the Building and Improvement Committee of the Board, which Committee had been appointed under the powers of a Local Act incorporating the Public Health Act, enabling the Council to delegate its authority on any subject to a Committee. A note was appended to the approval, stating that the approval of any plans by such Committee referred only to such parts of such plans and particulars as were required in accordance with the Byelaws made for the regulation and laying out of new streets and the erection of new buildings, made under s. 34 of the Local Government Act; but the same was not to extend to the doing of any work other than that described by such Bye-laws. On receipt of this approval the building was pulled down, after which the Town Council gave notice, under the 35th section, that any new building must have its frontage set back to a certain line, about 13 feet behind the line shown on the plan so first approved. The Court held, that the Council were not at liberty to give any such notice after the approval of their Committee, and an injunction was granted to restrain them from interfering with the new building according to the plaintiff's plan (Slee v. Bradford Corporation, 1 New Reports, 386).

Where a Local Board, in pursuance of a Bye-law under the Local Government Act, s. 34, closed a house they deemed unfit for habitation, which had been built prior to the constitution of the district, it was held that they had no power to do so. Erle, C. J.: "The Bye-law constitutes no defence in this action. The house in question was erected before the constitution of the District, and the Bye-law under which the defendant acted was to enable the closing of buildings unfit for human habitation. But that part of the 34th section respecting buildings unfit for human habitation is followed by a proviso, that no such Bye-law shall affect any building erected before the constitution of the District, i.e., the Local Board have no power to make a Bye-law to close a house built before the constitution of the District. The Legislature might very well be disposed to be extremely scrupulous in taking away legal rights invested in the owners of property. It seems to me that the proviso meant, that in the new parts of the town built since the Act came in force the owners could not complain if they were within the provisions of the Act; but that as to old houses built before the constitution of the District, it would be extremely hard, and a very considerable interference with vested rights. When houses are so altered as to be practically new, they are within the Act" (Burgess v. Peacock, 4 New Reports, 365),

to be named and numbered as they think fit (10 & 11 Vict. c. 34, s. 64), and the occupiers must renew such numbers, &c. under penalty for neglect (s. 65). The Board may allow Buildings to be set forward (s. 66), and purchase lands for widening or improving Streets (s. 67). They may require Buildings when rebuilt to be set back, making compensation to the owner (s. 68); enforce the removal of projections erected after the passing of the Local Government Act, [August 2, 1858] (s. 69), and remove any such obstructions built prior to that date, after notice and making reasonable compensation (s. 70). All doors to be made to open inwards (s. 71), and doors opening outwards on any Street may be altered (s. 72). Openings in pavements, as entrances to vaults, to be covered by the occupiers to the satisfaction of the Board (s. 73), and proper Shoots maintained to carry off water from the roofs without falling on passengers or flowing over the pavement (s. 74). The Board's Surveyor may give notice to the owner of ruinous buildings to take down or repair the same, and lay a complaint before two Justices, who may order the necessary works to be done, and in case of default the Board may execute the same at the owner's expense (s. 75), leviable by distress (s. 76), and in default the Board may take possession under the Lands Clauses Act (a) (making compensation) and sell the same (s. 77) or the materials in case such building be pulled down (s. 78). The Board must guard against accidents during the progress of buildings or repairs by proper fences and lights (s. 79), and require boards to be erected for the same purpose by the owners under penalty for neglect (s. 80). Penalty for neglecting to light or fence building materials, excavations, &c. (s. 81), or allowing such deposits, &c., to remain an unreasonable time (s. 82). In case of neglect such protection to be provided by the Board at the owner's expense (s. 83). The Board may also provide such Clocks as they may deem necessary, and place the same against any convenient Buildings and cause the same to be lighted at night (s. 143).

(a) See note, p. 118.

METROPOLIS MANAGEMENT ACTS.

In the Metropolis, no arch, vault, or cellar, can be made under any street without the consent of the Vestry or District Board of Works (18 & 19 Vict. c. 120, s. 101). Such vaults, &c., to be kept in repair by the owners, and in default the work may be done by the Board at the owners' expense (s. 102). The Board may give notice to the owner, &c., to remove any porch, shed, projecting window, or other obstruction in any street; and if the owner or occupier fail to remove the same within fourteen days, he is to forfeit not exceeding 57., and 40s. a day during further continuance (s. 119). They may remove previous obstructions, making compensation for damage (a) (s. 120). During any building, proper hoarding must be erected for safety, under like penalties (s. 121). No such hoarding or obstruction to be erected without license from the Board (s. 122), under like penalties, and the same may be removed by the Board at the owner's expense (s. 123). Such precautions to be taken during the opening of streets, or building, as may be prescribed by the Board, at the expense of the parties (b) (s. 124). No building can be erected over any sewer without consent of the Board (s. 204). New buildings to be set back to the general line (25 & 26 Vict. c. 102, s. 74).

(a) A shed was placed on an intermediate space between the road and footway, over which space the public pass subject to the use of it by the owners of the houses adjacent, who paid a yearly rent to the Lord of the Manor for such use: Held, that this was not such an obstruction in a street as might be removed by the Vestry under ss. 119, 120 of the Metropolis Management Act; the dedication to the public of such space being subject to the rights of the lord and his tenants (Le Neve v. Mile End Vestry, 8 E. & B. 1054; 27 L. J. Q. B. 208; 4 Jur. N. S. 660).

(b) The City Sewers Acts (see note, p. 37) contain provisions for preventing obstructions by projecting buildings (ss. 153-156); the removal of dangerous buildings (ss. 157-160, and 14 & 15 Vict. c. xci. s. 41); the erection of hoarding during the repair of buildings, &c. (ss. 161 to 166).

CELLAR DWELLINGS.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

In any District to which the Public Health and Local Government Acts are applied, no cellar or underground room built or rebuilt after the 31st August, 1848, can be let or occupied separately as a dwelling; nor any which shall not have been so let before that date. Nor, six months after the Act has been applied, can any such cellar, &c., be so let or occupied, unless it be at least seven feet high in every part, at least three feet being above the surface of the street; nor unless there be along the entire frontage thereof, and upwards, from six inches below the floor thereof to the surface of the street, an open area at least 2 feet 6 inches wide in every part; nor unless drained by a drain, the top of which is at least one foot below the floor; nor unless having appurtenant thereto the use of a watercloset or privy, and an ashpit with proper doors and coverings; nor unless the same have a fireplace, with a proper chimney; nor unless there be an external window at least nine superficial feet clear of the sash frame, to open in such a manner as the Surveyor shall approve, except in a back cellar let with a front one, in which case the window is to be not less than four such feet; under penalty not exceeding 20s. for every day during which the same shall be so let after notice from the Board Provided that there may be steps, if not opposite the window, and not less than six inches in every part from the external wall. All Churchwardens and Overseers are to cause public notice of such provisions to be given (11 & 12 Vict. c. 63, s. 67).

:

METROPOLIS MANAGEMENT ACTS.

In the Metropolis, any room or cellar more than three feet below the street, occupied separately as a dwelling before the