respect inter alia to the foundations and sites of houses, 57 & 58 Vict. buildings, and other erections to be constructed after the c. ccxiii. passing of the Act, and the mode in which and the materials S. 43. with which such foundations and sites should be made, formed, excavated, filled up, prepared, and completed for securing stability, the prevention of fires, and for purposes of health, the Metropolitan Board of Works made a byelaw prohibiting the erection of any house, building, or other erection on any site which shall have been filled up or covered with any material impregnated or mixed with any fæcal, animal, or vegetable matter, &c. A builder having commenced to erect houses upon a piece of ground which had previously formed part of an old private unconsecrated cemetery, closed by an order in Council, proceedings were taken against him by the Board of Works for commencing to build on a site and foundations which had been filled up with materials impregnated with animal matter to wit some number unknown of dead human bodies, without the said animal matter having first been properly removed. The builder having done all that was required by the byelaws, assuming that he was not compelled to excavate below the footings of the walls to a greater extent than was necessary to enable him to make concrete foundations to the walls, nor to excavate beyond the space enclosed by such walls to a greater extent than was necessary to cause the foundations to project the prescribed distance beyond the footings of the walls, the Court held that he had done all that he could be required under the byelaws to do; and that the word 'site' in the byelaws could not have a more extensive meaning than that given to it by the definition, and therefore meant the space which would necessarily be taken up when the house and walls came to be built, and that the builder could not be compelled to excavate to any depth that contained animal or vegetable matter. See Blashill v. Chambers, 14 Q. B. D. 479; 23 L. T. (N.S.) 38. Hawkins, J., in such case said that he hardly went to the same extent as Grove, J., had suggested, that 'the site' was to be construed to be the whole surface of the ground which was intended to be used for the building, that was to say, the whole floor space of the site and the space occupied by the external wall, and that he would be rather inclined to think that the site was confined to that portion of the house over which the inhabitants were to dwell. Plans. The provisions of this section are quite new, and are similar to those contained in sect. 13 (5), ante, p. 62, with regard to which see the notes to that section. The Council has power under sect. 164, post, to make byelaws regulating the deposit of plans with the District Surveyor; and such regulations have been issued, see Nos. I. & II. (4) of the Regulations of 1st Jan. 1895 in Appendix III., Part II., post. Under sect. 154, and schedule 3, Part I., post, the Surveyor is entitled to a fee of 27. 25. for examining and certifying plans submitted to him under this section. The fee is payable by c. ccxiii. 57 & 58 Vict. the builder, or, in his default, by the owner or occupier, see sect. 154, upon the surveyor certifying as well as examining, no fee apparently being payable where the surveyor does not certify. S. 44. Laying out of new streets on cleared area. Under sect. 194, post, plans delivered to the District Surveyor in pursuance of the Act become, upon delivery, the property of the Council. 6 Conditions. The conditions for domestic buildings erected after the commencement of the Act abutting on a street formed or laid out after that date are prescribed by sect. 41, ante, p. 96. Under sect. 190, post, also, the Council is empowered to impose conditions upon sanctioning the doing of any act, and any such conditions are, when accepted, to be binding upon the owner and occupier of the building or ground to which they relate, the non-observance or nonfulfilment thereof rendering the owner or occupier in default liable to the penalty prescribed by sect. 200 (10). ( Appeal. The Tribunal of Appeal is constituted under sect. 175, post, p. 269, and the procedure on appeals to it is regulated by sects. 182-186, post, pp. 272 and 273. An appeal under this or the following section is to be lodged at the office of the Tribunal within fourteen days after notice of the determination; and notice of the appeal is to be given within such period to the Council, and where the original applicant is not the appellant to such applicant, and notice is also to be given to the Local Authority, which expression is defined by sect. 5 (42), ante, p. 39; see Regulations of the 21st February, 1895, in Appendix III., Part II., post. 44. When any person desires to re-arrange a cleared area previously occupied in whole or in part by buildings by forming or laying out a new street or streets or widening 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. Any applicant dissatisfied with the determination of the Council may appeal to the tribunal of appeal. S. 45. 'Sanction of plans, &c.'-The approval of the Council of 57 & 58 Vict plans for the purposes of the Act is to be signified in writing c. ccxiii. under the hand of the Superintending Architect, see sect. 195, post. Regulations have been issued by the Council with regard to the plans and sections by which applications under this section are to be accompanied; see Nos. I. and II. (5) of the Regulations of the 1st January, 1895, in Appendix III., Part II., post. 'Plans and sections required by the Council.-The Council is empowered by sect. 164 (1), post, to make byelaws with respect to the regulation of the plans, level, width, surface, and inclination of new streets. See as to this the Byelaws, Regulations, and Standing Orders of the Council in Appendix III. post. 'Notice of disapproval. If the period of two months, within which the Council may give notice of its disapproval of any plans under this section, will expire between the 8th August and the 14th September, such period is to be deemed to be extended for twenty-eight days; see sect. 174, post. 'Appeal.'-See the note under this heading to sect. 43, ante. 'Months.'-See the note under this heading to sect. 42, ante, p. 104. 45. Where a court wholly or in part open at the top Courts but enclosed on every side and constructed or used for within a admitting light or air to a domestic building is con- building. 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 maintained by the owner of the building by means of a communication between the lower end of the court and the outer air. No habitable room not having a window directly opening 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 c. ccxiii. 57 & 58 Vict. 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. ss. 46, 47. Superintending architect Courts within buildings. See the diagram illustrating this section in App. V., Pl. I., post; and also the Instructional Letter of 15th Dec. 1894 in App. IV., post. 'Domestic buildings.'-See the note to sect. 39, ante, p. 94. 'Ground storey.'-This is defined by sect. 5 (11), ante, p. 16. 'Habitable room.'-The expression 'habitable' by sect. 5 (38), ante, p. 37, means, when applied to a room, a room constructed or adapted to be inhabited, and the expression inhabited' is by the preceding subsection defined to mean a room in which some person passes the night, or which is used as a living room, or 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. 46. In any case when it may be necessary the superintending architect shall determine which is the front and which is the rear of a building such determination to be evidenced by his certificate. Any person dissatisfied of buildings. with such certificate may appeal to the tribunal of appeal. may define front or rear Height of buildings limited. 'Superintending architect.'-This officer is appointed by the County Council under sect. 136, post, p. 228. 'Tribunal of Appeal.'-See the note sub Appeal, ante, p. 108. 'Appeal. By the Regulations of the 21st February, 1895, made by the Tribunal under sect. 184, post, an appeal under this section is to be lodged at the office of the Tribunal within fourteen days after notice of the certificate; and notice of the appeal is to be given to the Council, and where the original applicant is not the appellant to such applicant. Notice is also to be given to the Superintending Architect. For the Regulations see App. III., Pt. II., post. 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 (exclusively 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. s. 47. This section shall not apply to the rebuilding to the 57 & 58 Vict. same height as at present of any building existing at the c. ccxiii. 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. 'Building.'—With regard to this expression see the note to sect. 13, ante, p. 63. "Height.' This expression is defined by section 5 (21), ante, p. 22. Under the corresponding provisions of the London Council (General Powers) Act, 1890, sect. 36, for which the provisions of this section are substituted, the height above which buildings might not be erected was fixed at ninety feet. The limitation contained in this section is not to apply so as to prevent the topmost storey of a building being raised so as to comply as far as any habitable rooms in such storey are concerned with the provisions of the Act relating to habitable rooms; see sect. 50, post, p. 114. Nor are the provisions of the section to prevent the reerection upon the same site, and of not greater dimensions, of any dwelling-house for the working classes erected by a local authority previously to the 25th August, 1894; see sect. 51, post. 'Passing of this Act'-i.e. the 25th August, 1894. 'Railway company.'-With regard to the application of the provisions of the Act to the property of a railway company, see the note to sect. 20, ante, p. 76. Consent of the Council.-Regulations have been issued by the Council as to applications for its consent under this section and under section 49. See Nos. I. & II. (6) of the Regulations of the 1st January, 1895, in App. III., Pt. II., post. Notice of any consent under this section is required to be given by the Council in the manner prescribed by sect. 48, post, under which section an appeal is given against the grant or refusal of a consent under this section. Under sect. 190 the Council is empowered, in any case where it is authorised by the Act to refuse its consent to the doing of any act, to give its consent subject to conditions, which conditions, when accepted, are to be binding on the owner and occupier of the building or ground to which they relate, their non-observance or non-fulfilment rendering the person in default liable to a penalty. A consent given by the Council under this section is not to be acted on until twenty-one days after notice of it has |