The London Council (General Local and PerPowers) Act 1890 (11) The London Sky Signs Act 1891 (12) The London County sonal Act Local and Per sonal Act Council Local and Per sonal Act And whereas the existing provisions of the said Acts are complicated and in some respects doubtful and are insufficient to secure the construction and maintenance of streets and buildings in a satisfactory manner: And whereas it will conduce to the public convenience that the said Acts should be repealed to the extent set forth in this Act and that further provisions should be made and powers conferred in order to secure a proper width and direction of streets the sound construction of buildings the diminution of the danger arising from fire the securing of more light air and space round buildings and generally with respect to the control and regulation of streets and buildings and otherwise as in this Act set forth: (7) 32 & 33 Vict. c. 82. This Act is repealed by sect. 215, post. (8) 34 & 35 Vict. c. 39. This Act merely exempted the buildings of the Foreign Cattle Market at Deptford from the operation of Part I. of the Metropolitan Building Act, 1855, and is repealed by sect. 215, post. (9) 41 & 42 Vict. c. 32. This Act is partially repealed by sect. 215, post. (10) 45 Vict c. 14. This Act is repealed by sect. 215, post. (11) 53 & 54 Vict. c. ccxliii., sects. 27 to 31 and 33 to 37 of this Act are repealed by sect. 215, post. (12) 54 & 55 Vict. c. lxxviii. The whole of this Act is repealed by sect. 215, post. (13) 56 & 57 Vict. c. ccxxi. Sects. 5 to 9 and sect. 17 of this Act are repealed by sect. 215, post. And whereas the purposes aforesaid cannot be effected 57 & 58 Vict. without the authority of Parliament: May it therefore please Your Majesty that it may be enacted and be it enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say) : PART I. INTRODUCTORY c. ccxiii. 1. This Act may be cited as the London Building Short title. Act 1894. By sect 9 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), 'Every Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, shall be a public Act, and shall be judicially noticed as such, unless the contrary is expressly provided by the Act.' The present Act contains no provision to the contrary, and therefore, although it was passed as a private, it is now a public Act by virtue of the above enactment. 2. This Act shall be divided into Parts as follows:- Part II.-Formation and Widening of Streets. Part IV.-Naming and Numbering of Streets. Part VI.-Construction of Buildings. Part VII.-Special and Temporary Buildings and Part VIII.—Rights of Building and Adjoining Part IX.-Dangerous and Neglected Structures. Part XIII.-Superintending Architect and District Part XIV. Part XV.-Legal Proceedings. Part XVI.-Miscellaneous. Division of Parts. 3. This Act shall come into operation on and shall Commencetake effect from the first day of January next after the ment of Act. passing thereof which date is in this Act referred to as the commencement of this Act. 57 & 58 Vict. c. ccxiii. ss. 3, 4. Extent of Act. 4. This Act shall save so far as is otherwise provided extend to London and no further: Provided always that in addition to any exemption referring to the Commissioners of Sewers contained in this Act nothing in this Act contained shall in any way take away alter prejudice or affect 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 notwithstanding the repeal of the Acts specified in the Fourth Schedule hereto. London. By London is meant the Administrative County of London, sect. 5 (40), post, p. 38. That is to say, the Metropolis, see sect. 40 of the Local Government Act, 1888 (51 & 52 Vict. c. 41), which expression means for the purposes of the last-mentioned Act (ib. sect. 100), 'the City of London and the parishes and places mentioned in Schedules A, B, and C to the Metropolis Management Act, 1855, as amended by subsequent Acts. The City of London comprises all parts at the date of the Act (ie. January 1, 1895) within the jurisdiction of the Commissioners of Sewers. The Commissioners of Sewers for the City of London were constituted by the City of London Sewers Act, 1848 (11 & 12 Vict. c. clxiii.), an Act to provide for the sanitary improvement of the City of London and the Liberties thereof, which repealed the Acts under which the drainage and sanitary matters in the City of London and its liberties had previously been regulated (i.e. 19 Car. II. c. 3; II Geo. III. c. 29; 33 Geo. III. c. 75; and 4 Geo. IV. c. 114). By such Act, the portions of which relating to matters dealt with by this Act are set out in Appendix II., post, as also are the similar portions of the City of London Sewers Act, 1851 (14 & 15 Vict. c. xci.), the Commissioners appointed thereunder were given jurisdiction over the City,' which word by sect. 262 of the Act means the City of London and the Liberties thereof, and includes such parts of Holborn, the Minories, and Aldersgate Street as at the time of the passing of such Act were, or had been usually treated as being within the Liberties of the City, and the courts and alleys leading into the same or communicating therewith, and also the north side of Eldon Street, formerly called Bevlier Row, Moorfields, and the courts and alleys leading into the same or communicating therewith, and all precincts and places within the City of London or the Liberties thereof. By sect. 165, post, the city is exempted from the provisions of any byelaw made under this Act in respect of any matter from which it is exempted by this Act or by any Act it repeals. The byelaws made by the Commissioners under the City of London Sewers Acts will be found in Appendix III., Pt. II., post. Schedules A, B, and C of the Metropolis Management Act, 1855, as amended by the Metropolis Management Act, 1885 S. (48 & 49 Vict. c. 33), the Metropolis Management (Battersea 57 & 58 Vict. and Westminster) Act, 1887 (50 & 51 Vict. c. 17), and the c. ccxiii. Metropolis Management (Plumstead and Hackney) Act, 1893 s. 4. (56 & 57 Vict. c. 55, sect. 33), comprise the following parishes and places, viz. :— SCHEDULE A.-Bermondsey; Camberwell; Chelsea; Fulham; Hackney; Lambeth; Mile End Old Town Hamlet; Paddington; Plumstead; Rotherhithe; St. George-in-the-East; St. George, Hanover Square; St. George the Martyr, Southwark; St. James and St. John, Clerkenwell; St. James, Westminster; St. John, Hampstead; St. Leonard, Shoreditch; St. Luke, Middlesex; St. Margaret and St. John the Evangelist, Westminster; St. Martin-in-the-Fields; St. Mary Abbot, Kensington; St. Mary, Battersea (excluding Penge); St. Mary, Islington; St. Mary, Stoke Newington, Middlesex; St. Marylebone; St. Matthew, Bethnal Green; St. Pancras; St. Peter and St. Paul, Hammersmith; and Woolwich. SCHEDULE B.-The Whitechapel District, which comprises St. Mary, Whitechapel; Christ Church, Spitalfields; St. Botolph Without, Aldgate, in the county of Middlesex; Holy Trinity, Minories; the Precinct of St. Katherine; the Hamlet of Mile End New Town; the Liberty of Norton Folgate; the Old Artillery Ground; and the District of the Tower. Greenwich District, which comprises St. Paul, Deptford, including Hatcham; St. Nicholas, Deptford; and Greenwich. Wandsworth District, which comprises Clapham; Tooting Graveney; Streatham; Wandsworth; and Putney, including Roehampton. St. Giles' District, which comprises St. Giles-in-the-Fields; St. George, Bloomsbury. Holborn District, which comprises St. Andrew, Holbornabove-Bars; St. George the Martyr; St. Sepulchre, in the county of Middlesex; Saffron Hill; Hatton Garden; Ely Rents and Ely Place; and the Liberty of Glasshouse Yard. Strand District, which comprises St. Anne, Soho; St. Paul, Covent Garden; St. John the Baptist, Savoy, or Precinct of the Savoy; St. Mary-le-Strand; St. Clement Danes; and the Liberty of the Rolls. Limehouse District, which comprises St. Anne, Limehouse; St. John, Wapping; St. Paul, Shadwell; and the Hamlet of Ratcliff. Poplar District, which comprises All Saints, Poplar; St. Mary, Stratford-le-Bow; and St. Leonard, Bromley. St. Saviour's District, which comprises Christchurch and St. Saviour (including the Liberty of the Clink). Lee District, which comprises Charlton-next-Woolwich ; Eltham; Lee and Kidbrooke. Lewisham District, which comprises Lewisham, including Sydenham Chapelry, and the Hamlet of Penge. The Parish of Rotherhithe united with St. Olave District, which comprises St. Olave; St Thomas, Southwark; and St. John, Horselydown. 57 & 58 Vict. c. ccxiii. SS. 4, 5 (1). Definitions. 'Street.' SCHEDULE C.-The close of the Collegiate Church of St. Peter; the Charterhouse; Inner Temple; Middle Temple; Lincoln's Inn; Gray's Inn; Staple Inn; and Furnival's Inn. Commissioners of Sewers.-This expression means the Commissioners of Sewers for the City of London, see sect. 5 (46), post, p. 39, and the exemptions which refer to them are those contained in sects. 98, 127, 128, 211 (ii. e). The statutes which conferred upon the Commissioners of Sewers powers, privileges, &c., at the time of the passing of this Act were 11 & 1 Vict. c. clxiii., 14 & 15 Vict. c. xci., 15 & 16 Vict. c. 85, 20 & 21 Vict. c. 35, 30 & 31 Vict. c. 134, 38 & 39 Vict. c. 36, 44 & 45 Vict. c. 37, 52 & 53 Vict. c. 72, and 54 & 55 Vict. c. 76. City of London.-No byelaw made by the Council in respect of any matter from which the City is exempted by this Act, or by any Act repealed by this Act, has any effect within the City (sect. 165, post). 5. In this Act unless the context otherwise requires The Interpretation Act, 1889 (52 & 53 Vict. c. 63) contains a number of definitions that are applicable to the present Act, in addition to the following definitions. Whenever, therefore, an expression is used in the body of the Act which is defined by that Act, the way in which such expression is defined has been stated in the note to the section in which the particular expression occurs. (1) The expression 'street' means and includes any highway and any road bridge lane mews footway square court alley passage whether a thoroughfare or not and a part of any such highway road bridge lane mews footway square court alley or passage. Street. In defining this term the words used are 'street means and includes: In Nutter v. the Accrington Local Board of Health (4 Q. B. D. 375; 48 L. J. Q. B. 487; 40 L. T. (N.S.) 803; 43 J. P. 635; affirmed by the House of Lords W. N., 1880, p. 148; 43 L. T. (N.S.) 710), it was held that a definition of the word street that such word should 'apply to and include any highway not being a turnpike road' made the word applicable to a place which in ordinary language would be called a 'street' although such place was also a turnpike road; and in so holding Cotton, L.J., said that the interpretation clause was not restrictive, and did not say that the word street should be confined to any highway not being a turnpike road, and that he was therefore of opinion that the definition enlarged and did not restrict the word. Here, however, the use of the word 'means' is clearly restrictive, and the fact that the word 'street' is to include those things which it is to be construed to mean cannot enlarge its meaning. Whether, then, any provision in the Act which relates to streets is applicable in a particular case must depend upon |