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which such regulation applies then also in such local 57 & 58 Vict. 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.

Note.-Publication of any regulations made by the Council under this Part of the Act in the daily newspapers and in the local newspaper does not appear to be a condition precedent to the validity of the regulations. And it may be a matter of some difficulty to determine whether or not a newspaper is a 'local newspaper circulating in the parish or district.'

The Act of 1893 required the publication in the 'London Gazette' of any regulations altered by the Council.

PART XII.

SKY SIGNS.

125. In this Part of this Act the expression-
'Sky sign' means any word letter model sign device
or representation 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 includes all
and every part of any such post pole standard frame-
work or other support The expressionsky sign
shall also include any balloon parachute or similar
device employed wholly or in part for the purposes
of any advertisement 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 announce-
ment;

(ii) Any sign on any board frame or any other con-
trivance securely fixed to or on the top of the
wall or parapet of any building on the cornice
or blocking course of any wall or to the ridge
of a roof provided that such board frame or
other contrivance be of one continuous face

c. ccxiii. s. 125.

Sky signs.

57 & 58 Vict. c. ccxiii.

s. 125.

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 representation 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 railway company and which is also so placed that it could not fall into any street or public place.

'Sky signs.'-This Part of the Act in effect re-enacts the London Sky Signs Act, 1891 (54 & 55 Vict. cap. lxxviii.), as such Act was amended by sect. 17 of the London Council (General Powers) Act, 1893 (56 & 57 Vict. cap. ccxxi.). The definition of the term 'sky sign' in the present Act is identical with the definition of that term which was contained in sect. 17 of the Act of 1893, except that in the present definition, the word 'house,' which occurred in the earlier Act before the word 'building' where first used in the definition, has been omitted ; and except that the exemption contained in subsect. iii. of sect. 125 of the present Act is extended to the words &c. relating to the business of a railway company placed upon or over the railway, and any premises belonging to the company. With regard to the exemption contained in such subsection it is to be noticed that it is not an absolute exemption, and that it only applies where the things specified in the subsection are so placed that they cannot fall into any street or public place. As to what comes within the meaning of the term 'street,' see the definition of that expression in sect. 5 (1), ante, p. 6.

Under the earlier enactments, which are repealed by the present Act, it was held that a structure used for the purpose of exhibiting an advertisement might be a 'sky sign within the meaning of such enactments, although it was constructed to be, and was, used mainly for purposes other than that of advertisement. Accordingly a windmill fifty feet high, erected upon the top of a building, which drove two pairs of millstones, and was used for grinding wheat and also for hoisting and lowering wheat from one floor of the building to another, and which was also used for driving a dynamo for supplying electricity to the building, was held to be a sky sign within the meaning of those Acts, because upon the tail or rudder of the windmill was painted an advertisement, and halfway up the tower of the mill was a gallery with a railing, the supports of which consisted of wooden letters, 3 feet 6 inches in height, exhibiting the name of the firm carrying on business in the building, The

London County Council v. Carwardine & Co., 68 L. T. (N.S.) 57 & 58 Vict. 61; 62 L. J. M. C. 40; 57 J. P. 181; 5 R. 170.

c. ccxiii.

It is not every structure, however, which exhibits an adver- s. 126. tisement against the sky, which is a sky sign within the meaning of the Act. For instance, upon the top of a building 56 feet in height were two pillars, between which was fixed an iron trellis, bearing wooden letters 3 feet high and 2 feet 6 inches in breadth, exhibiting the name of the proprietors of the building. Behind the trellis on the roof of the building and rising considerably above the trellis were five glass domes, but in proceedings taken against the owner of the building and structure for maintaining the structure without the licence of the London County Council, the magistrate before whom the proceedings were taken found that the sky could be seen through the letters from two streets, and accordingly convicted the owner. The magistrate having stated a case for the opinion of the Queen's Bench Division, which case contained no finding that the structure was 'wholly or in part over the house or building,' and such fact being (per Pollock, B.) the most important part of the definition, the court quashed the conviction upon the ground that there was no evidence stated upon which the magistrate could have found that the structure was a 'sky sign' within the meaning of the Acts. Tussaud v. The London County Council, 57 J. P. 184.

By a regulation of the Building Act Committee of 1st Jan. 1895 As far as regards signs existing at the time of the passing of the London County Council (General Powers) Act, 1893, an advertising board of height varying in different parts is to be regarded as of less than three feet in height if its average height be less than three feet.'

'Blocking course. This term is defined as 'a course of stones placed on the top of a cornice, and forming the crown of a wall,' in Gwilt's Encyclopædia.

surveyor to

act for

126. For the purpose of giving effect to the provisions District. of this Part of this Act the district surveyor of each district acting under this Act shall inspect and survey sky signs in his district and report from time to time to the Council.

6

The expression the surveyor' in this Part of this Act means the district surveyor so acting within his district.

'District surveyor.'--This expression is defined by sect. 5, subsect. (35), ante, p. 36.

The Council may direct any other district surveyor to assist the surveyor of a district under sect. 143, fost, and a district surveyor who is prevented by illness, infirmity, or other unavoidable circumstance from attending to the duties of his office may appoint a deputy under sect. 142, post.

'Inspection. Any person who refuses to permit the district surveyor at a reasonable time to enter, survey, or inspect any

purposes

of this Part

of Act.

c. ccxiii.

SS. 127, 128.

57 & 58 Vict. building, work, or premises, which such surveyor is authorised by the Act to enter and inspect, or refuses or neglects to afford him all reasonable assistance in such inspection, commits an offence against the Act, and is liable to a penalty not exceeding forty shillings, and to a daily penalty not exceeding the like amount under sect. 200 (11 c), post. Whether an application for permission to enter and survey a structure was made at a reasonable time will be a question of fact to be decided in connection with all the surrounding circumstances of the case ; see Tennant v. Bell, ante, p. 75.

Prohibition of future sky signs.

Regulation of existing sky signs.

127. From and after the commencement of this Act it shall be unlawful to erect any sky sign as defined in this Act.

Commencement of the Act'--i.e. January 1, 1895; see sect. 3, ante, p. 3.

'Sky sign.'-For what is a sky sign within the meaning of this section, see sect. 125, ante, p. 217.

'Penalty.'-The placing, erecting, or retaining, or suffering or permitting to be placed, erected, or retained, any sky sign contrary to the provisions of this Act, is an offence against the Act, see sect. 200 (11 a), post. And the Council (or in the City the Commissioners of Sewers, sect. 135) may take proceedings for the removal of a sky sign erected or retained contrary to the provisions of this Act, as if it were a structure certified to be in a dangerous state; sect. 134, post.

As to these proceedings see sects. 106 and 107, ante, pp. 194 and 195, and see the note to sect. 134, post.

With regard to the retention of sky signs, erected or retained before January 1, 1893, with the licence of the Council, see, however, sect. 128 et seq., post. The present section makes it unlawful to erect any new sky sign, and the following sections place a limit upon the time during which any such signs erected or retained previously to January 1, 1893, with the licence of the Council, may be retained.

128. From and after the commencement of this Act it shall be unlawful to retain any sky sign as defined in this 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 licence 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 Acts 1891 as amended by section 17 of the London County Council (General Powers) Act 1893 or renewed after the passing of this Act as herein-after provided.

Commencement of this Act'-i.e. January 1, 1895; see sect. 3, ante, p. 3.

Retention of sky signs.—The structures which are included 57 & 58 Vict. in the meaning of the term 'sky sign' are those specified in c. ccxiii. sect. 125, ante, p. 217. The erection of any such structure is s. 128. now prohibited by the preceding section, and the present section renders it lawful to retain only those structures of a like kind for the erection or retention of which a licence was obtained from the Council or from the Commissioners of Sewers (see sect. 135, post) before the passing of the present Act. Such licences were granted under sect. 7 of the London Sky Signs Act, 1891 (54 & 55 Vict. cap. lxxviii.), to applicants who produced a certificate from the surveyor for the district in which the sky sign in respect of which the application was made was situate, that such sky sign was so placed, constructed, and supported as not to be likely to involve danger to the public. These licences were granted only for a period of two years, and were renewable at the expiration of such period for a further period of two years, and on the expiration of that period for one other period of two years, but the whole term so made up, including the original term of the licence, might not exceed six years. By sect. 129 of the present Act it is provided, however, that licences renewed under the London Sky Signs Act, 1891, may be renewed for one further period of two years, but no longer.

The time during which sky signs coming within the exception to the prohibition contained in sect. 128 may be retained is limited by sect. 129, post, where the licence for such sign was granted after August 24, 1893, to the period of two years from the date when the licence was issued ; and in any other case where the period for which the retention of the sign may have been licensed had not expired on January 1, 1895, to four years from the expiration of such period, provided that the extended term of the licence when added to the period for which the sign was originally licensed will not exceed six years in all. The retention of the sign in any case is subject to the renewal of the original licence in accordance with sect. 129. Inasmuch, then, as no licence granted under the Act of 1891 can have been renewed before August 24, 1893, for a period extending beyond August 24, 1895, and no such licence can therefore be renewed under this Act for a period extending beyond August 24, 1897, while no licence granted after August 24, 1893, can in any case be renewed under this Act for a period extending beyond August 24, 1899, it follows that from the last-mentioned date the existence of all signs coming within the meaning of the term 'sky signs' in sect. 125 will be absolutely prohibited.

Forfeiture of licence.-In certain cases specified in sect. 133, post, a licence to retain a sky sign will become void.

'Penalty.'-See the note under this heading to section 127, ante, p. 220. Where a sky sign is erected or retained contrary to the provisions of the Act, or where the licence for its maintenance or retention shall have become void under

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