c. ccxiii. 57 & 58 Vict. subsequently to the passing of that Act could have barriers across it to exclude the public. Daw & Sons v. the London County Council, 62 L. T. (N.S.) 937 ; 59 L. J. M. C. 112; 54 J. P. 502. s. 9. It follows, therefore, that the effect of subsection (3) is to enable the Council to prevent the formation or laying out of streets of the length therein mentioned, unless such streets are thrown open to the use of the public. The byelaws of a local board provided as follows: 'Every person who shall lay out a new street shall so lay out such street that the width thereof shall be 40 ft. at the least,' and 'Every person who shall construct a new street shall provide at one end at least of such street an entrance of a width equal to the width of such street, and open from the ground upwards.' These byelaws were held by North, J., to be intra vires, and reasonable, and to prevent a landowner from constructing a new street upon his land until he had provided an entrance to such street of the specified width, even though that entrance could only be made upon the land of another person over whom he had no control. The street in question had no outlet for carriage traffic at one end, where it terminated in a public footway running at right angles across it, and the outlet at the other end was an old narrow way which previously led from the main road to some stables, and which formed a continuation of the new street, making what is commonly termed a bottle-neck end. North, J., held that the construction of a new street included the building of the houses abutting upon it, and granted an injunction restraining the landowner and the builder from erecting houses upon the proposed new street until an adequate entrance had been provided. Upon the plans deposited with the Board a street in continuation of, and at right angles to, the proposed new street was shown at the end where it was crossed by the public footpath, but such continuation passed over lands which did not belong to the person who was laying out the proposed new street, and there was nothing to show that the owner of the land over which the continuation passed had any intention of allowing his land to be used in the way shown on the plans. In granting the injunction North, J., said: 'It is said that it would be unreasonable to suppose that the byelaw compels them to do this' (i.e. provide an entrance of the requisite width) 'on some one else's land. It does not do anything of the sort. As I construe it, all that the byelaw does is this--it prevents the landowner from building upon his own land until he has provided an entrance to it of the specified width; he may be able to provide the entrance over another man's land by arrangement with him, but, if he cannot provide the requisite entrance, either over his own land or by arrangement with some other landowner, then the only result is that he cannot utilise his own land by constructing a new street and building houses upon it. The byelaw does not require him to do anything upon another man's land; it only says you cannot construct a new street on 57 & 58 Vict. your own land unless you provide an adequate entrance to it.' c. ccxiii. Hendon Local Board v. Pounce, 42 Ch. D. 602 ; 61 L. T. (N.S.) s. 9. 465; 38 W. R. 377. The judgment of North, J., in this case was considered by Kekewich, J., and followed in Bromley Local Board v. Lloyd, 66 L. T. (N.S.) 462, 56 J. P. 278, where it was held that it made no difference that a mode of access to a proposed new street shown upon the deposited plans was by means of a public street, if such street was of less than the required width. An appeal against this last judgment was dismissed by consent (93 L. T. 7), but the interim injunction which had been granted was dissolved by Wills, J., before whom the action was tried without a jury, upon his finding that there was, in fact, an entrance of the required width. Direct communication between two streets.- In sect. 35 of the London Council (General Powers) Act, 1890, which superseded the provisions of sect. 7 of the Metropolitan Building (Amendment) Act, 1882, the enactment was 'No road, passage, or way which will not directly communicate at both ends with a public carriage-way shall be formed or laid out as a public carriageway without the consent in writing of the Council;' and in the London County Council v. Edmonson, 66 L. T. (N.S.) 200; 56 J. P. 343, the difference was pointed out between the language 'will not directly communicate at both ends with a public carriage-way,' and the language in the previous Act, which was 'where, after the passing of this Act, it is intended by any person to form or lay out any road, passage, or way for building as a street for the purposes of carriage traffic or of foot traffic only, in such manner that such road, passage, or way will not afford direct communication between two streets.' In the case referred to the Court held that a road which led out of a street, and after going round some distance came back again into the same street, did not contravene sect. 35 of the Act of 1882. Under the present Act it is necessary, however, that the proposed street should lead from one street into another street. In the case referred to it was contended on behalf of the County Council that it was sufficient for it to show that the street in question did not, at the time the proceedings were taken, communicate with a public carriage-way at both ends; the Court, however, held that it was sufficient if it was shown that the proposed way would, when completed, communicate with a public carriage-way at both ends. In the present Act it will be seen that the words 'at and from the time of forming and laying out the same' have been introduced with the object apparently of getting rid of such decision. It is difficult, however, to see that any useful purpose has been served by the introduction of the words, as the section only relates to proposed streets existing only on paper; and in the nature of things therefore it must be a question of whether or not there is a bonâ fide intention on the part of the applicant to carry out his C. ccxiii. s. 9. 57 & 58 Vict. plans, and form or lay out his proposed street in such manner that it will afford communication between two streets. The effect of the words may possibly be to enable the Council to refuse to sanction plans unless the applicant is in a position to show that he can form or lay out the proposed street so as to afford direct communication between two streets, and unless the Council is satisfied that he bonâ fide intends, &c., to form or lay out the street. See Hendon Local Board v. Pounce, ante, p. 52. What is direct communication has never yet been expressly decided, but it is clear that unless each end of the proposed street opens into a different street with an opening of the full width of the proposed street, it will not afford direct communication between two streets; and having regard to the fact that the Queen's Bench Division in the London County Council v. Edmonson, ante, p. 53, held that a V-shaped road met the requirements of a section which required roads to directly communicate at both ends with a public carriage-way, it is also clear that a street need not lie in a straight line between the two streets with which it will communicate, in order to meet the requirements of subsect. 4 of sect. 9 of the present Act. Conditions. In certain cases the Council may require as a condition to its sanction to the formation or laying out of a street, that such street shall be formed or laid out of a greater width than 40 feet, but not greater than 60 feet; and when such a condition is imposed and the land necessary for widening the street was at the commencement of the Act (i.e. January 1st, 1895), or at any time within seven years previously, occupied by buildings or by market gardens, provision is made by sect. 15, post, for the payment by the Council to the owner of the buildings or land of compensation for the loss or injury sustained by him by the Council's requirement. City. This expression is defined by sect. 5 (43), ante, p. 39. See also the note to sect. 4, ante, p. 4. Subject to conditions.-The power given to the Council by the last clause of the section would appear to be limited to those cases which come within subsection 5, otherwise there seems to be no object in specially mentioning the case of its appearing to the Council that a street proposed to be formed or laid out for foot traffic only should be so formed or laid out subject to conditions only. On the other hand, sect. 190 of the Act enables the Council, in any case where it is authorised to refuse its sanction, consent, or allowance to the doing or omission of any act or thing, to give its sanction, consent, or allowance, subject to such terms and conditions in relation to the subject matter of such sanction, consent, or allowance, as it may think fit. Presumably, therefore, it is intended that the Council shall have power in all cases, which come within sect. 9, to grant its sanction, subject to conditions. Gradient.-The Council had no control previously to the passing of the present Act over the gradient at which it was proposed to form or lay out a street, except by means of byelaws under sect. 202 of the Metropolis Management Act, 1855, regu lating the level of new streets. No such byelaws were, however, 57 & 58 Vict. made by the Metropolitan Board of Works or the Council. Byelaws.-The Council is empowered by sect. 164, post, p. 249, to make byelaws for the better carrying into effect the objects and powers of the Act with respect inter alia to the regulation of the plans, level, width, surface, and inclination of new streets, the forms of notice and other documents to be used for the purposes of the Act, and other like matters of procedure, the duties of District Surveyors in relation to any byelaws made by the Council, the regulation of the fees to be paid to District Surveyors in respect of such duties, and the imposition of a penalty for any offence committed against any of its byelaws. The power given to the Council to make byelaws is, however, subject to the provisions of the Act, and any byelaws it may make are not to be repugnant or contrary to the provisions of the Act. Any byelaws, therefore, not authorised by some provision of the Act would be ultra vires, as also would be any byelaw which purported to carry out the provisions of the Act in an unreasonable manner. See sect. 164, post, and the note thereto, and also the notes as to the grounds for refusal under sect. 9, ante, p. 49. All byelaws made by the Council in pursuance of the Act are, when confirmed and allowed in the manner provided by sect. 16, to be published in the first instance in the London Gazette, and are then to be printed and hung up in the County Hall, where they are to be open to public inspection without payment, and copies thereof are to be delivered to any applicant upon payment of a sum not exceeding twopence. See sect. 164 (5), post, p. 250. Byelaws made by the Council, with respect to the formation and widening of streets, will be found, together with the standing orders of the Council, in Appendix III., post. By order. All orders of the Council are to be under the Seal of the Council, see sect. 187 (2). Notices of such orders shall be sufficiently authenticated if signed by the Clerk to the Council, or by the Officer by whom the same are given or served, ib. (1). Service of orders and notices.-As to service of the Council's orders and notices, see sect. 188 (1), post, p. 274. 'Month.'-This expression means calendar month. See the Interpretation Act, 1889 (52 & 53 Vict. c. 63), sect. 3. If the period prescribed will expire on a day between August 8 and September 14, it is to be deemed to be extended for twentyeight days, see section 174, post, p. 268. 10. (1) Before any person commences c. ccxiii. S. 10. Adaptation (a) To adapt for carriage traffic any street or way not of ways for previously so adapted or to use or permit to be streets. used for carriage traffic any street or way not (b) To adapt as a street for foot traffic only or as a public footway any way not previously so c. ccxiii. S. 10. 57 & 58 Vict. such person shall make an application in writing to the Council for their sanction thereto and such application shall be accompanied by plans and sections and such particulars in relation thereto as may be required by printed regulations issued by the Council and the Council shall forthwith communicate every such application to the local authority and no person shall commence to execute any such work without having obtained the sanction of the Council. (2) Within two months after the receipt of any such 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. (3) A person shall be deemed for the purposes of this Part of this Act to commence to execute a work within the meaning of this section if he erect a fence or other boundary or lay down lines of kerbing or level the surface of the ground so as to define the course or direction of a work within the meaning of this section or if he form the foundations of a house in such manner and in such position as that such house will or may become one of three or more houses abutting on or erected beside land on which a street is intended to be or may be thereafter laid out or formed Provided that no person shall be deemed to commence to execute a work within the meaning of this section if he do any of the acts in this sub-section mentioned for some purpose other than that of executing a work within the meaning of this section. (4) Before any person commences to widen on either side to a less extent than the prescribed distance any part of a street or way which (being adapted for carriage traffic) is less than forty feet in width or (being adapted for foot traffic only) is less than twenty feet in width he shall give notice in writing to the Council accompanied by a plan showing the extent of the proposed widening and no person shall commence to execute any such widening until after the expiration of two months from the date of such notice unless with the previous sanction of the Council. Adapt for traffic.-This section of necessity applies only to existing streets or ways, the first clause (a) of subsect. I applying |