c. ccxiii. 57 & 58 Vict. between a 'building contract' and a 'building agreement;' see the Instructional Letter of December 15, 1894, in App. IV., Pt. II., post. SS. 213-215. Commencement of the Act'-i.e. January 1, 1895, see sect. 3, ante, p. 3. Time of the passing of the Act-i.e. August 25, 1894. The section does not require that a building erected in pursuance of a contract made before August 25, 1894, shall also have been commenced before the commencement of the Act. 213. Nothing in this Act shall take away or interfere with the powers of the local authorities with respect to the paving of new streets under the Metropolis Management Acts. 'Local authority.'-This expression is defined by sect. 5 (42), ante, p. 39. The sections of the Metropolis Management Acts conferring and regulating the powers of the local authorities with regard to new streets, will be found in Appendix I., post. Repeal. 214. Section 50 of the Metropolitan Railway (Additional Powers) Act 1866 is hereby repealed. 'Metropolitan Railway Act, 1866' (29 & 30 Vict. c. clx.). The section was as follows:- Any exemption contained in the Metropolitan Building Acts from the operation of such Acts in relation to railways and railway stations, shall extend to buildings over stations and works of the company.' Buildings belonging to a railway company, and used for the purposes of the company, were exempt from the operation of the Metropolitan Building Act, 1855, Part I., which dealt with the regulation and supervision of buildings. The effect of the provision repealed by this section was to exempt the buildings therein mentioned from the operation of the Act, whether such buildings were used for the purposes of the company or not. The foundations and walls of buildings belonging to any railway company situate over any station or works of a railway company, or immediately adjoining any railway or works of a railway company, and upon land acquired under the powers of an Act of Parliament, are exempted from the operation of Parts VI. and VII. by sect. 201 (8), ante, p. 294. As to the exemption of buildings of railway companies in general, see sect. 201 (8), and the note to that section under the heading Railway Buildings,' ante, p. 295. 215. (1) The Acts mentioned in the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule. (2) This appeal shall not affect (a) The past operation of any enactment hereby 57 & 58 Vict repealed nor anything duly done or suffered c. ccxiii. under any enactment hereby repealed; or (b) Any right privilege obligation or liability acquired accrued or incurred under or in accordance with any enactment hereby repealed; or (c) Any penalty forfeiture or punishment incurred in respect of any offence committed against any enactment hereby repealed; or (d) Any power investigation legal proceeding or remedy in respect of any such right privilege obligation liability penalty forfeiture or punishment as aforesaid and any such power investigation legal proceeding and remedy may be exercised and carried on as if this Act had not passed; or (e) Any of the powers privileges exemptions jurisdictions or authorities given to or vested in the Commissioners of Sewers by or under any Act of Parliament and existing immediately before the passing of this Act. Repeal. The repeal of the Acts set out in the schedule does not revive anything not in force or existing at the time at which the repeal takes effect. Interpretation Act, 1889 (52 & 53 Vict. c. 63, s. 38). With the addition of the word 'power' in subs. 2 (d), the provisions of subs. 2 (a) (b) (c) (d) are the same as those of the Interpretation Act, 1889, sect. 38, subs. 2. 'Commissioners of Sewers.' This expression is defined by sect. 5 (46), ante, p. 39. ss. 216, 217. Acts to remain in 216. All byelaws regulations orders consents condi- Byelaws &c. tions and notices duly made given imposed or issued under under any Act hereby repealed shall so far as applicable repealed for the purposes of this Act be of the same validity and effect as if they had been made given imposed or issued force. under this Act And all such byelaws and regulations shall remain in force until the same shall be revoked altered or varied by byelaws duly made under the provisions of this Act. 'Byelaws.'-The Council has not made any fresh byelaws under the present Act or in any way superseded the byelaws in operation when the Act passed. These will be found in Appendix III., Part II., post. See also with regard thereto the Instructional Letter of December 15, 1894, in App. IV., Pt. II., post. 217. Officers appointed under any enactment hereby Saving for repealed shall continue in office in like manner as if this existing Act had not been passed. otacers. 57 & 58 Vict. c. acxiii. s. 218. References in Acts or documents to repealed Acts to be read as referring to this Act. 218. Where in any Act or document any Act or any provisions of any Act are mentioned or referred to which are repealed by this Act such Act or document shall with any necessary modifications and so far only as the circumstances of the case admit be read as if this Act or the corresponding provisions of this Act were therein mentioned or referred to instead of such repealed provisions. 305 SCHEDULES. 6 THE FIRST SCHEDULE. PRELIMINARY. PARTS I. and II. of this Schedule apply to walls built of 57 & 58 Vict. bricks not of less than eight and a half inches long or of Sch. I. Prel. stone or other blocks of hard and incombustible substance rr. I, 2. the beds or courses being horizontal. In Appendix V., Plates XI. to XVII., post, will be found diagrams illustrating the minimum thicknesses required by the Act. In the following notes those portions which are either new or different from the rules of the Schedule to the Metropolitan Building Act, 1855, which related to the construction &c. of walls, have been printed in italics. Subject to any byelaws that may be made by the Council, walls of buildings are required by sect. 53, ante, p. 115, to be constructed of the substances and in the manner and of not less than the thickness prescribed by the Act or mentioned in this schedule. 1. Every building unless otherwise sanctioned in accord- Structure of ance with this Act shall be inclosed with walls constructed of buildings. brick stone or other hard and incombustible substances and the footings shall rest on the solid ground or upon concrete or upon other solid substructure Provided that open sheds not exceeding sixteen feet in height and not exceeding four squares in area may be constructed of any substances and in any manner approved by the district surveyor. Incombustible substance. The second schedule, post, defines what shall be deemed to be fire-resisting materials for the purposes of the Act. See also sect. 5 (36), ante, p. 36, and the note thereto. Structure of buildings.-With regard to what is a building, see the note under the heading Building' to sect. 5 (6), ante, p. 11. The rule for which the present rule is substituted contained no exception in favour of buildings the construction of the walls of which otherwise than in the manner here prescribed is sanctioned by the Act or in favour of open sheds. But otherwise it was identical with the present rule, save that the word foundations' was used instead of the word 'footings.' A square' is a space of 100 superficial feet, see sect. 5 (23), ante, p. 22. 2. Every wall constructed of brick stone or other similar substances shall be properly bonded and solidly put together with mortar or cement and no part of such wall shall overhang any part underneath it except to the extent of six inches and provided that the projection be well and solidly Construction brick stone & of walls of 57 & 58 Vict. Sch. I. Prel. rr. 3-6. Extra thickness of certain walls. Thickness of walls built of materials other than such bricks &c. as aforesaid. Hollow walls. Height of storey. corbelled out and that the side of the wall opposite to the corbelling be carried up vertically in continuation of the inner face thereof And all return walls shall be properly bonded together. Construction of walls.—Under the Act of 1855 no portion of a wall was allowed to be constructed so as to overhang any part underneath it. It will be seen that the present rule permits of projections to the extent of six inches. With regard to projections from buildings, see sect. 73 and the note thereto, ante, p. 140 et seq. For the meaning of the expression corbel,' see the note under that heading to sect. 56, ante, p. 120. See also as to building brickwork and adding to the thickness of walls the Instructional Letter of December 15, 1866, in App. IV., Pt. II., post, and as to mortar the letters of November 23, 1880, and July 6 and December 15, 1894, in the same Appendix. A return wall is one which is at an angle to the front main walls. According to Gwilt's 'Encyclopædia' it is the side or part which falls away from a straight front. 3. The thickness of every wall not being built of bricks or stone or other hard and incombustible substances laid in horizontal beds or courses shall be one third greater than the thickness prescribed in Parts I. and II. of this Schedule. Extra thickness of certain walls.-The rule in the Act of 1855 which corresponded to this rule was confined to' stone walls in which the beds of masonry were laid horizontally.' The present rule, however, relates to walls not built of stone &c. laid in horizontal beds or courses. 4. The thickness of any wall of a dwelling-house if built of materials other than those before specified shall be deemed to be sufficient if made of the thickness required by Parts I. and II. of this Schedule or of such thickness as may be approved by the Council. Thickness of walls—The previous rule was merely that the thickness of every wall as hereinafter determined shall be the minimum thickness.' 5. When hollow walls are constructed there shall be a wall on one side of the hollow space of the full thickness prescribed by this Act. Hollow walls.-This rule is new. 6. The height of storeys shall be measured as follows:- (b) The height of every storey other than a topmost storey it. Height of storey.-This rule is practically the same as the rule for which it is substituted, except that it requires the height of the topmost storey to be measured from the underside of the floor joists, instead of |