s. 76. 76. Where the Council are satisfied on the report of 57 & 58 Vict. the superintending architect and of the chief officer of the c. ccxiii. fire brigade that additional cubical extent is necessary for any building to be used for any trade or manufacture Consent to larger 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 containing additional cubical extent: Provided that such building shall not (i) Extend to a number of cubic feet exceeding four hundred and fifty thousand or any less number allowed by the Council without being divided by party walls in such manner that the cubical extent of each division do not exceed that number; (ii) Exceed sixty feet in height; (iii) Be used for the purpose of any trade or manufacture involving the use of explosive or inflammable materials. Such consent shall continue in force only while the said building is actually used for the purposes of the trade or manufacture in respect of which the consent was granted. Party walls.'-This is defined by sect. 5 (16), ante, p. 17. 'Cubical extent.'-This is defined by sect. 5 (24), ante, p. 23. "Height.-The mode in which the height of a building is to be ascertained for the purposes of the Act is prescribed by sect. 5 (21), ante, p. 22. Consent.'-Applications for the consent of the Council under this section are to be made in accordance with Nos. I. and II. (9) of the Council's regulations of Jan. 1, 1895, in App. III., Pt. II., post. Under sect. 190, post, p. 276, the Council is empowered, instead of refusing its consent in any case, to give the same, subject to such terms and conditions in relation to the subject matter of the consent as it may think fit. 'Division by party walls.'-Under the corresponding provision in sect. 29 of the London Council (General Powers) Act, 1890, which is repealed by the present Act, it was argued that a building divided by floors was divided by 'party walls' within the meaning of sect. 27 (4) of the Metropolitan Building Act, 1855. The Court held, however, that the division meant by the section was a vertical and not a horizontal division. Holland v. Wallen, 70 L. T. (N.S.) 396. Having regard to the definition of the term 'party wall' in sect. 5 (16), ante, p. 17, it would appear to be necessary that the building should be divided so that each part into which it is divided is constructed or adapted to be occupied by different dimensions. c. ccxiii. 57 & 58 Vict. persons, for otherwise the dividing walls will not be party walls within the meaning of the Act. No openings are allowed in party walls except in accordance with the regulations contained in sect. 77, infra. S. 77. Rules as to uniting buildings. 'Penalties.'-See the note under this heading to sect. 53, ante, p. 115. 77. (1) Buildings shall not be united except where they are wholly in one occupation or are constructed or adapted to be so. (2) Buildings shall not be united if when so united and considered as one building only they would not be in conformity with this Act. (3) An opening shall not be made in any party wall or in two external walls dividing buildings which if taken together would extend to more than two hundred and fifty thousand cubic feet except under the following conditions: (a) Such opening shall not exceed in width seven feet or in height eight feet and such opening or openings taken together shall not exceed one half the length of such party wall on each floor of the building in which they occur; (b) Such opening shall have the floor jambs and head formed of brick stone or iron and be closed by two wrought iron doors each one-fourth of an inch thick in the panel at a distance from each other of the full thickness of the wall fitted to rebated frames without woodwork of any kind or by wrought iron sliding doors or shutters properly constructed fitted into grooved or rebated iron frames; (c) If the thickness of the wall be not less than twentyfour inches or the doors be placed at a distance from each other of not less than twenty-four inches such opening may be nine feet six inches in height. (4) Whenever any buildings which have been united cease to be in one occupation all openings made for the purpose of uniting the same in any party wall between the buildings or in any external wall shall be stopped up 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 not in conformity with the Act placed in the wall shall be removed. S. 77. (5) Whenever any buildings which have been united 57 & 58 Vict. cease to be in one occupation the owner thereof shall c. ccxiii. forthwith give notice to the district surveyor and shall cause any openings made in the party wall to be stopped up and bonded as aforesaid. 'Uniting buildings. The building of an addition to an existing building was held not to be a uniting of two buildings within the corresponding provisions of sect. 28 of the Metropolitan Building Act, 1855, unless the addition was at one time a separate building in itself. Scott v. Legg, 46 L. J. M. C. 267; 36 L. T. (N.S.) 456; 25 W. R. 594; 41 J. P. 773; reversing ib. L. R. 2 Ex. D. 39; 46 L. J. M. C. 117; 35 L. T. (N.S.) 487. Before the passing of the Metropolitan Building Act, 1855, a communication had been made between two old houses, Nos. 66 and 67, in the same occupation, by openings in the party wall. After the Act came into operation it was sought to make a communication between No. 66 and the house adjoining it upon the other side by openings in the wall which separated the two houses. These last two houses contained if taken together less than 216,000 cubic feet, the maximum cubical extent allowed by the Act of 1855. If, however, Nos. 66 and 67 were to be considered as one building within sect. 28 of the Act, such building and the third house taken together contained more than 216,000 cubic feet. It was held that Nos. 66 and 67 were to be considered for the purposes of the section as one building, and that the making of the communication was an alteration of an old building within sect. 9 of the Act, which corresponded to sect. 204, post, and was therefore subject to the regulations of the Act, and that the rules in sect. 28 of the Act of 1855 regulating the making of such communications were obligatory. It was also held that evidence was admissible to show whether the wall separating No. 66 and the house with which the communication was to be made was a party-wall or cross-wall. Ashby v. Woodthorp, 33 L. J. M. C. 68; 9 L. T. (N.S.) 409; 27 J. P. 792. No addition may be made to a building of the warehouse class or to any division thereof, if by such addition the cubical extent of the building or division will be made greater than 250,000 cubic feet. See sect. 75, ante, p. 145. 'Openings. For the regulations governing the making of openings in external and party walls, see sect. 54, ante, p. 117. 'Party wall. This is defined by sect. 5 (16), ante, p. 17. 'External wall.'-A definition of this expression will be found in sect. 5 (15), ante, p. 17. 'Rebated frames.'-A rebate is a groove, recess, or channel sunk on the edge of any piece of material. 'Timber in walls.'-See sect. 55, ante, p. 118, with regard to the placing of timber in external walls. Under sect. 164, post, 57 & 58 Vict. p. 249, the Council is empowered to make byelaws with respect to 'woodwork in external walls.' c. ccxiii. s. 78. Construction of public buildings. 'Owner.'-This is defined by sect. 5 (29), ante, p. 25. 78. Notwithstanding anything in this Act every public building including the walls roofs floors galleries and staircases and every structure and work constructed or 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 disagreement 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 district 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. 'Public building.'-The meaning of this expression is defined by sect. 5 (27), ante, p. 24. The present section contains provisions corresponding to those of the repealed sect. 30 of the Metropolitan Building Act, 1855, which section enacted that notwithstanding anything therein contained every public building, including the walls, roofs, floors, galleries, and staircases, should be constructed in such manner as might be approved by the District Surveyor, or, in the event of disagreement, might be determined by the Metropolitan Board; and, save in so far as respected the rules of construction, every public building should throughout the Act be deemed to be included in the term 'building,' and be subject to all the provisions of that Act, in the same manner as if it were a building erected for a purpose other than a public purpose. The section referred to was held not to impose a necessity to comply with the rules of construction provided by the Act of 1855 for other classes of buildings than public buildings, in addition to such terms as might be insisted upon by the District Surveyor, but to leave the whole mode of construction to the approval of the surveyor, whose discretion was subject only to the determination of the Metropolitan Board of Works. See Reg. v. Carruthers, 33 L. J. M. C. 107; 9 L. T. (N.S.) 825; 10 Jur. (N.S.) 767; 4 B. & S. 804; 12 W. R. 372. In that case Cockburn, C. J., considered it doubtful whether, if a public building was being constructed in a manner not ap- 57 & 58 Vict. proved by the district surveyor or by the Metropolitan Board of c. ccxiii. Works, on appeal to that Board there was a remedy by means of a s. 78. notice under sect. 45 of the Act of 1855, which section contained provisions for the service by the District Surveyor of a notice of irregularity corresponding to those contained in sect. 151, post; and the prohibition contained in the present section against the using of a public building until after a declaration of approval of the construction thereof by the District Surveyor or the Tribunal of Appeal has been obtained, would appear to have been enacted with a view to meet this difficulty, section 206 (3 c) imposing a penalty on everyone who fails to comply with any of the provisions of this Part of the Act. subsect. (11j) of sect. 200. See also Vestries and District Boards are empowered to erect halls or other buildings for public purposes by 56 & 57 Vict. c. ccxxi. sect. 24. The conversion or alteration of buildings into public buildings is regulated by the following section. 'Tribunal of appeal. This tribunal is constituted by sect. 175, post (see sect. 5 (47), ante, p. 39), and the provisions regulating appeals to it are contained in sects. 181 to 186. An appeal under this and the following sections is required to be lodged at the offices of the Tribunal within fourteen days after notice of the decision of the District Surveyor; 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. Notice is also to be given to the District Surveyor; see the regulations of the Tribunal of Feb. 21, 1895, in App. III., Part II., post. 'Floors.-The floors of the lobbies, corridors, passages, and landings, and the flights of stairs are required by sect. 68, ante, p. 132, to be of fire-resisting materials, and to be carried by supports of fire-resisting material. Staircases.'-See sect. 80, post, with regard to the construction of staircases, corridors, or passage ways and doors or barriers in the public buildings enumerated therein; and see further, with regard to the protection from fire of places of public entertainment, the sections of the Metropolitan Building Act, 1878 (41 & 42 Vict. c. 32), and the regulations made thereunder, in App. III., Pt. II., post. 'Penalties.'-See the note to sect. 53, ante, p. 115. 'Shall be used.'-No building may be used for the public performance of stage plays or be kept open, if it contains a superficial area for the accommodation of the public of not less than 500 square feet, for 'public dancing, music, or other public entertainment of the like kind,' unless the Council has granted a certificate that such building was on its completion in accordance with the regulations made by the Council under the Metropolis Management and Building Acts (Amendment) Act, 1878, sect. 12. Sect. II of the same Act gives the Council |