57 & 58 Vict, been published, or if it is appealed against, until after the determination of the appeal, see sect. 48 (1). c. ccxiii. s. 48. Procedure where greater height allowed. Penalty. Under sect. 200 (36), post, every person who erects or raises, or commences to erect or raise, any building, so as to contravene any of the provisions of this Part of the Act, is liable to a penalty not exceeding twenty pounds a day during every day of the continuance of non-compliance with an order of the Court under sect. 153, post. 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 (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 within 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 refusal. 'Owner. This expression is defined by sect. 5 (29), ante, p. 25. It would seem that the owner or lessee of any building or land who may appeal under subsect. (2 a) of this section would mean the owner defined in sect. 5 (29), ante, p. 25, and any person holding a lease for any term, however short. The building or land need not be wholly within 100 yards of the 57 & 58 Vict. site of the intended building which is to be erected under the c. ccxiii. consent given by the Council, and it would be sufficient if any part of such site or building is within that distance the distance, however, must be measured in a straight line on a horizontal plane. See Interpretation Act, 1889, sect. 34. Appeal. See the note sub Appeal, ante, p. 108. An appeal under this section is to be lodged at the offices of the Tribunal within the time limited by the section; and notice of the appeal is to be given within such period to the Council and to such owners or lessees as the Council may direct; see the Regulations made by the Tribunal under sect. 184, post, of February 21, 1895, in App. III., Part II., post. s. 49. 49. After the commencement of this Act no existing Heights of building (other than a church or chapel) on the side of buildings in a street formed or laid out after the seventh day of certain cases. August 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 street so that the height of such building shall exceed the distance of the front or nearest external wall of such building 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 otherwise 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 before 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. ' Commencement of this Act.-i.e. Jan. 1, 1895, see sect. 3, ante, p. 3. 'Building.'-With regard to what is a building see the note to sect. 13, ante, p. 63; the term 'new building' is defined by sect. 5 (6), ante, p. 11. Consent of the Council.'-See the note under this heading to sect. 47, ante, p. 111; and Nos. I. and II. (6) of the Regulations of 1st Jan. 1895, in App. III., Pt. II., post. 'Height. The mode in which the height of a building is 57 & 58 Vict. c. ccxiii. Ss. 50, 51. Raising of buildings so with pro to be ascertained is prescribed by sect. 5 (21), ante, p. 22; see also the diagram on Pl. III., App. V., post. The provisions of this section are not to prevent the raising of the topmost storey of a building so as to comply with the provisions of the Act as to habitable rooms; see sect. 50, post. Nor are such provisions to prevent the re-erection upon the same site and of not greater dimensions of dwelling-houses for the working classes, erected by a local authority previously to August 25, 1894; see sect. 51, post. "Street. This term is defined by sect. 5 (1), ante, p. 6. 'External wall.'-See definition in sect. 5 (15), ante, p. 17. Railway company.'-See with regard to the application of the provisions of the Act to the property of a railway company the note to sect. 20, ante, p. 76. Penalty.-Under sects. 151 and 152, post, pp. 239 and 241, the District Surveyor is to give notice of irregularity where any person acts in contravention of this section; and by sect. 153 he is empowered to take proceedings where such notice is not complied with, and non-compliance with an order of a court in such proceedings will render the person in default liable to the penalty prescribed by sect. 200 (3 b), post, p. 284. 50. Nothing in this Part of this Act contained shall prevent the raising of any building by increasing the as to comply height of the topmost storey thereof to such an extent only as may be necessary for the purpose of bringing any habitable rooms constructed in such topmost storey into conformity with the provisions of this Act relating to habitable rooms. visions of Act as to habitable rooms. As to reerection of certain working-class dwellings by local authority. Height of buildings.' The provisions of the Act limiting the height of buildings are contained in sects. 47 and 49, ante. 'Topmost storey.'-This expression is defined by sect. 5 (14), ante, p. 16, and means the uppermost storey of a building, whether constructed wholly or partly in the roof or not. 'Habitable rooms.'-The expression 'habitable' is defined in sect. 5 (38), ante, p. 37. The height of habitable rooms not wholly or partly in the roof is fixed by sect. 70 (1 a), post, p. 134, at 8 feet 6 inches from the floor to the ceiling, and that of habitable rooms which are wholly or partly in the roof at 8 feet throughout not less than half their area, ib. (1b); see also the note to sect. 62, post, p. 124. The height of habitable rooms in the roof of a building was 7 feet under the Metropolitan Building Act, 1855. 51. Nothing in this Part of this Act contained shall prevent the re-erection on the same site and of not greater dimensions of any dwelling-house inhabited or adapted to be inhabited by persons of the working class erected by a local authority previously to the passing of this Act. 'Working-class dwellings.'--The provisions of the Act 57 & 58 Vict. regulating the erection of dwellings for the working classes are contained in sect. 42, ante, p. 102. 'Inhabited. This is defined in section 5 (37), ante, p. 37. 'Local authority.'-This is defined by sect. 5 (42), ante, P. 39. Passing of this Act.-This date was August 25, 1894. c. ccxiii. domestic 52. In the case of domestic buildings and buildings Saving for erected or adapted for use as stables such domestic certain buildings and such stable buildings being upon sites buildings abutting in the front upon a street and in the rear upon with stables mews and such sites being of a depth of not more than in the rear. one hundred and fifty feet measured from street to mews the following provisions shall in certain cases have effect: If the stable buildings be limited to a depth of fifty feet 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 building under section 41 of this Act be provided between the domestic building and the stable building 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. 'Domestic buildings.'-The expression 'domestic building' is defined by sect. 5 (26), ante, p. 24. 'Street. The expression is defined by sect. 5 (1), ante, p. 6, and means and includes inter alia 'any mews,' whether a thoroughfare or not, and part of any such mews. Front or rear.'-In case of any question arising as to which is the front and which is the rear of a building, such question is to be determined by the superintending architect. See sect. 46, ante, p. 110. PART VI. CONSTRUCTION OF BUILDINGS.1 and thickness of walls. 53. Subject to any bye-laws of the Council made in Structure pursuance of this Act walls shall be constructed of the substances and in the manner and of not less than the thickness prescribed by this Act or mentioned in the First Schedule to this Act. The provision of works of water supply and of drainage and the provision of conveniences to buildings are regulated by sects. 37 to 42 and sect. 46 of the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76). These sections will be found, together with the byelaws of the 22nd June, 1893, made by the Council thereunder, set out in Appendices I. and III., post. 57 & 58 Vict. c. ccxiii. S. 53. Byelaws. Under sect. 164, post, the Council is empowered to make such byelaws as it thinks expedient with respect inter alia to the thickness and the description and quality of the substances of which walls may be constructed, the dimensions of wooden bressummers and joists of floors; the protection from fire of ironwork used in the construction of buildings, with respect to woodwork in external walls, and the description and quality of the substances of which plastering may be made; and with respect to the means of escape from fire in buildings exceeding 60 ft. in height. The byelaws made by the Metropolitan Board of Works under the corresponding provisions of the previous Acts, which are continued in force by sect. 216, post, p. 303, will be found in App. III., Pt. II., post. Such byelaws may provide for the imposition for any offence committed against any byelaw of a penalty not exceeding 5, and a future penalty in the case of continuing offences of 27. per diem; see sect. 164, post, p. 249. Failure to comply with any provision of Part VI. is also an offence against the Act, in respect of which a penalty is imposed. See sect. 200, subsect. (3 c), post, p. 284. The Council has also power to demolish or alter any offending building on the conviction of the person who has committed an offence against the Act by constructing, erecting, adapting, extending, raising, altering, uniting, or separating a building or structure, and who has made default in complying with a notice to bring such building or structure into conformity with the Act (see sect. 170, post, p. 264). Walls. The present Act, like the previous Acts, does not contain any express enactment that every building or erection erected within the Metropolis shall be enclosed with walls, nor does it anywhere enact that buildings shall be constructed in accordance with the rules contained in the first schedule. But by Rule 1 of Part I. of that schedule every building, unless otherwise sanctioned in accordance with the Act, shall be enclosed with walls constructed of brick, stone, or other hard and incombustible substances. The power to sanction a departure from this requirement is that conferred upon the Council by Part VII. of the Act, enabling it to sanction a departure from any of the requirements of this Part of the Act in the case of buildings or structures to which the general provisions of the Part are inapplicable, or, in the opinion of the Council, inappropriate, having regard to the special purposes for which the building or structure is designed and actually used. See, with regard to the bonding of brickwork and the composition of mortar, the Instr. Letters of December 15, 1866; November 23, 1880; and July 6, 1894, in App. IV., post. Exemptions. The buildings and works specified in sects. 201-205, post, are exempt from this Part of the Act. 'Penalties.'-By sect. 200 (3 c), post, every person who |