Page images
PDF
EPUB

SCHEDULES.

Section 11.

SCHEDULE A.
I [A.B.]

of

do swear that a bill of sale, bearing date the

day of 18 [insert the date of the bill], and made between [insert the names and descriptions of the parties in the original bill of sale], and which said bill of sale [or, and a copy of which said bill of sale, as the case may be] was registered on the 18 [insert date of registration], is still a subsisting security.

Sworn, &c.

day of

[blocks in formation]

CHAPTER 32.
An Act to amend the Metropolis Management Act, 1855,

the Metropolitan Building Act, 1855, and the Acts

amending the same respectively. [22d July 1878.] WHEREAS the provisions of the several Acts now in force

within the Metropolis are insufficient for duly regulating the erection and extension of houses and buildings in close proximity to certain roads, passages, and ways, and it is expedient that for such purpose further and better provisions should be made :

And whereas with a view to protect the public frequenting theatres and music halls within the Metropolis from danger from fire it is expedient that provisions such as are in this Act contained should be made for empowering the Metropolitan Board of Works (in this Act referred to as “the Board”) to cause alterations in existing theatres and music halls to be made in certain cases, and to make regulations with respect to the position and structure of new theatres and certain new music halls;

And whereas it is expedient to make provisions with respect to the making, filling up, and preparation of the foundations and sites of houses and buildings to be erected within the Metropolis, and with respect to the quality of the substances to be used in the formation or construction of the sites, foundations, and walls of such houses and buildings with a view to the stability of the same, the prevention of fires, and for purposes of health :

And whereas it is expedient to make further and better provisions with respect to the payment of expenses incurred by the Board in relation to dangerous structures :

And whereas for the purposes aforesaid it is expedient to amend the Metropolis Management Act, 1855, the Metropolitan Building 18 & 19 Vict. Act, 1855, and the Acts amending the same respectively :

Be it therefore 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,)

c. 120.
18 & 19 Vict,
c. 122.

tion.

Preliminary. 1. This Act may be cited for all purposes as the Metropolis Short title. Management and Building Acts Amendment Act, 1878. 2. This Act shall extend and apply to the Metropolis as defined Limits of Act.

18 & 19 Vict, by the Metropolis Management Act , 1855.

c. 120. 3. This Act shall consist of three parts.

Division of

Act into three PART 1.

parts. 4. In this part of this Act-

InterpretaThe term “roadway” in relation to any road, passage, or way

“ Roadway.shall mean the whole space open for traffic, whether carriage

traffic and foot traffic or foot traffic only: The term “centre of the roadway” in relation to any road, “ Centre of the

passage, or way existing at the time of the passing of this Act roadway.” or thereafter formed shall mean the centre of the roadway of such road, passage, or way as existing immediately before the time when first after the passing of this Act or the formation of the same any house or building fronting towards or abutting upon such road, passage, or way was begun to be constructed

or extended : The term “the prescribed distance” shall mean twenty feet from « The pre

the centre of the roadway where such roadway is used for the scribed dispurpose of carriage traffic, and ten feet from the centre of the tance." roadway where such roadway is used for the purposes of foot

traffic only. 5. The Metropolis Management Act, 1855, and the Acts amend- Metropolis ing the same, and this part of this Act shall be construed together Acts and this as one Act: Provided always, that nothing in this Act shall be held part of Act to to limit or restrict the powers now vested in the Commissioners of be construed Sewers of the city of London, or in any body or person elsewhere within the Metropolis, by an Act passed in the session of Parliament 18 & 19 Vict. held in the fifty-seventh year of the reign of King George the Third, 57 G. 3. intituled “ An Act for better paving, improving, and regulating the c. xxix. "streets of the Metropolis and removing and preventing nuisances and obstructions therein.”

6. From and after the passing of this Act no house or building As to erection begun to be constructed after the passing of this Act shall be con- of houses or structed or begun to be constructed, and no house or building shall less than prebe extended or begun to be extended, in such manner that the scribed disexternal wall or front of any such house or building, or, if there be tance from a forecourt or other space left in front of any such house or building, passages, or

as one Act.

[ocr errors]

ways being

the external fence or boundary of such forecourt or other space, shall highways.

be at a distance less than the prescribed distance from the centre of the roadway of any road, passage, or way, whether a thoroughfare or not, being a highway, without the consent in writing of the Board: Provided always, that the Board may, in any case where they think it expedient, consent to the construction, formation, or extension of any house, building, forecourt, or space at a distance less than the prescribed distance from the centre of the roadway of any such road, passage, or way, and at such distance from the centre of such roadway, and subject to such conditions and terms (if any) as they may think proper to sanction.

In every case where any such house, building, forecourt, or space is constructed, formed, or extended, or is begun to be constructed, formed, or extended, in contravention of the provisions of this section, at a distance from the centre of the roadway of any such road, passage, or way as aforesaid less than the prescribed distance, or than such other distance as may have been sanctioned by the Board, or contrary to the conditions and terms (if any) subject to which such sanction was obtained, the Board may serve a notice upon the owner or occupier of the said house, building, forecourt, or space, or upon the builder or person engaged in constructing, formning, or extending the saine, requiring him to comply with the provisions of this section, and to cause such house, building, forecourt, or space, or any part thereof, to be set back so that the external wall of such house or building, or the external fence or boundary of such forecourt or space, shall be at a distance not less than the prescribed distance from the centre of the roadway of such road, passage, or way as aforesaid, or at such distance and according to such conditions and terms (if any) as the Board may have sanctioned.

Provided always, that the preceding provisions of this section shall not affect the construction or extension of any house or building within the limits of any area which may have been lawfully occupied by any house or building at any time within two years before the passing of this Act, or the construction or extension of any house or building lawfully in course of construction or extension at the time of the passing of this Act; and provided also, that the construction or extension of any house or building in or abutting upon any street existing, formed, or laid out for building at the time of the passing of this Act may be begun and completed in like manner in every respect as if the preceding provisions of this section

had not been made. As to erection 7. Where after the passing of this Act any house or building of houses or begun to be constructed after the passing of this Act is constructed buildings at

or is begun to be constructed, or any house or building is extended or begun to be extended, in such manner that the external wall or

front of any such house or building, or, if there be a forecourt or centre of roads, other space left in the front of any such house or building, the ways not being external fence or boundary of such forecourt or space, is at a distance highways.

from the centre of the roadway of any road, passage, or way (not being a highway) less than the prescribed distance or less than such other distance as may have been sanctioned by the Board as hereinafter provided, or where, in relation to any such house, building, or

less than pre

scribed distance from

forecourt, or space constructed, formed, or extended at such less distance than the prescribed distance with the sanction of the Board as aforesaid, the conditions or terms, if any, subject to which such sanction was obtained have not been complied with, or the time during which such sanction was limited to continue has expired, then and in every such case, where it is intended that such road, passage, or way shall become a highway, a written notice to that effect shall be served upon the Board, and thereupon the Board may at any time within two months after the receipt of such notice serve a notice upon the owner or occupier of such house, building, forecourt, or space, or the builder or person engaged in constructing, forming, or extending the same, requiring him to cause the same, or any part thereof, to be set back so that the external wall or front of such house or building, or the external fence or boundary of such forecourt or space, shall be at a distance not less than the prescribed distance from the centre of the roadway of such road, passage, or way, or at such distance and according to such conditions and terms (if any) as the Board may have sanctioned, and unless and until such first-mentioned notice has been given to the Board and such last-mentioned notice (if any) bas been complied with, such road, passage, or way shall not become a highway.

The Board may consent to the construction, formation, or extension of any house, building, forecourt, or space at any lesser distance than the prescribed distance from the centre of the roadway of any such road, passage, or way (not being a highway) as aforesaid, to be specified in such consent, or to the continuance of any house, building, forecourt, or space constructed, formed, or extended at such lesser distance, or to the continuance thereof for a limited time only, to be specified in such consent, in such cases and subject to such terms and conditions (if any) as they may think proper.

. Provided always, that the preceding provisions of this section shall not affect the construction or extension of any house or building within the limits of any area which may have been lawfully occupied by any house or building at any time within two years before the passing of this Act, or the construction or extension of any house or building lawfully in course of construction or extension at the time of the passing of this Act.

8. In case any owner, occupier, builder, or person during twenty- Proceedings in eight days after the service of any notice under the preceding pro- in compliance visions of this part of this Act neglects or refuses to comply with with requirethe requirements of such notice, or after the expiration of such ments of notice. period fails to carry out or complete the works necessary for such compliance with all reasonable despatch, the Board may cause complaint thereof to be made before a justice of the peace, who shall thereupon issue a summons, requiring such owner, occupier, builder,

or person to appear at a time and place to be stated in the summons to answer such complaint, and if at the time and place appointed in such summons the said complaint is proved to the satisfaction of the justice before wbom the same is beard, such justice sball make an order in writing on such owner, occupier, builder, or person directing him to comply with the requirements of such notice within such time as such justice may consider reasonable, and such justice shall also make an order for the payment of the costs

foot traffic not

incurred up to the time of hearing, and of hearing; and in case such owner, occupier, builder, or person makes default in complying with the requirements of such notice within the time limited by such order, he shall be liable to a penalty of not less than forty shillings and not more than five pounds, and to a further penalty of not less than ten shillings and not more than forty shillings for each day during which such default continues after the first day after the expiration of the time limited by such order for compliance with the requirements of such notice: Provided always, that this section shall not apply to any noncompliance with the notice of the Board in the case of an intended highway where the same

shall not be opened as a highway. Streets, roads, 9. No street, road, passage, or way (being a highway) formed or &c. formed for laid out for foot traffic only after the passing of this Act shall, to be used except with the consent of the Board, be used for the purposes of without con- carriage traffic, unless the space open for foot traffic and carriage sent of Board traffic be of the full width of forty feet where there are houses or for carriage traffic unless

buildings on each side thereof, or, where there are houses or buildwidened. ings only on one side thereof, unless there be a distance of not less

than twenty feet from the centre of the space open for foot traffic and carriage traffic and the external walls or fronts of such houses or buildings, or, if there be forecourts or other spaces left in front of such houses or buildings, the external fences or boundaries of such forecourts or other spaces; and in case any person alters any such street, road, passage, or way, so that it may be used for any traffic other than foot traffic, contrary to the provisions of this section, or takes up or removes any post, bar, rail, flagstone, or knowingly does any act, matter, or thing to facilitate the use of the same for traffic other than foot traffic, contrary to the provisions of this section, he shall for every such offence be liable to

a penalty not exceeding fifty pounds. Streets, roads, 10. No street, road, passage, or way (being a highway) formed &c. formed for or laid out for foot traffic only before the passing of this Act shall foot traffic before passing

be used for the purposes of carriage traffic for any longer period of Act not to

than seven consecutive days without the consent of a justice, unless be used with

the space open for foot traffic and carriage traffic be of the full out consent of width of forty feet where there are houses or buildings on each carriage traffic side thereof, or where there are houses or buildings only on one unless widened. side thereof, unless there be a distance of not less than twenty feet

from the centre of the space open for foot traffic and carriage traffic and the external walls or fronts of such houses or buildings, or, if there be forecourts or other spaces left in front of such houses or buildings, the external fences or boundaries of such forecourts or other spaces, and any justice may grant such consent as afores aid or may do so subject to such terms and conditions as he may think fit; provided that twenty-eight days previous notice of any such application to a justice shall be served upon the Board, and the Board may appear at the time and place fixed for hearing such application and be heard thereon. In case any person alters any such street, road, passage, or way, so that it may be used for any traffic other than foot traffic, contrary to the provisions of this section, or to any conditions imposed by any such justice as aforesaid, or takes up or removes any post, bar, rail, flagstone, or know

« EelmineJätka »