SEPT. 29, 1855.] Common Law Acts.-New Statutes effecting Alterations in the Law.

as to the payment of costs and otherwise for carrying into effect the alterations, as to them may seem expedient.

These powers being about to expire, the present Act, 18 Vict. c. 26, continues them for five years from the passing of the Act on the 25th May, 1855. See the Act, p. 176, ante.

5. ADMINISTRATION OF OATHS ABROAD.

By the 6 Geo. 4, c. 87, powers were given to British Consuls-General and Consuls to administer oaths and do notarial acts in the foreign places to which they are appointed.

By this Act, 18 & 19 Vict. c. 42, every British Ambassador, Envoy, Minister, Chargé d'Affaires, or Secretary of Embassy or Legation, exercising his functions in any foreign country, and every British ViceConsul, Acting Consul, Pro-Consul, or Consular Agent (as well as every Consul-General or Consul) exercising his functions in any foreign place, may administer any oath or take any affidavit or affirmation, and also perform any notarial act (s. 1).

Income Tax, c. 20,-p. 197.

415

Stannary Courts' Jurisdiction, c. 32,—pp. 214, 236.

Administration of Oaths Abroad, 18 & 19 Vict. c. 42,-p. 175.

Ecclesiastical Courts (Defamation Suits Abolition), c. 41,—p. 176.

Common Law Pleadings, c. 26,—p. 176. Infants' Marriage Settlements, c. 33, p. 198. Palatine of Lancaster Trials, c. 45,-p. 241. Bills of Exchange and Promissory Notes, c. 67,-p. 256.

Cinque Ports, c. 48, p. 258.

Commons Inclosure (No. 2), c. 61,—p. 275. Incumbered Estates Acts (Ireland) Continuance, c. 73,-p. 276.

Places of Religious Worship Registration, c. 81, p. 276.

Friendly Societies, c. 63, pp. 296, 319, 342.
Limited Liability, c. 133,-p. 316.

Despatch of Business, Court of Chancery, c. 134,-p. 338.

Charitable Trusts, 1855, c. 124, p. 358.
Crown Suits, c. 90,-p. 376.

Criminal Justice, c. 126,-p. 377.
Merchant Shipping Amendment Act, c. 91,
-p. 395.

Affidavits and affirmations so taken shall be received and used in any Court of Law p. or Equity or other Judicature in like manner and be of the same force and effect as affidavits and affirmations taken before any Court or by any person duly commissioned by such Court, and be filed and dealt with accordingly (s. 2).

Such documents are to be admitted in evidence without proof of the seal or signature of the ambassador, envoy, or other official person (s. 3). Persons swearing or affirming falsely shall be deemed guilty of perjury (s. 4). And persons forging such seal or signature, or tendering the same in evidence, knowing it to be false or counterfeit, shall be deemed guilty of felony; and whenever such document has been admitted in evidence, the Court may direct the same to be impounded (s. 5). See the Act, P.

175, ante.

NEW STATUTES EFFECTING ALTE-
RATIONS IN THE LAW.

THE Acts relating to the Law of the present
with an
Session, printed in the Legal Observer,
Analysis to each, will be found at the following

pages:

Purchasers' Protection, 18 Vict. c. 15, p. 5. Lunacy Regulation Act, c. 13,—p. 32. Commons' Inclosure, c. 14, p. 32. Newspaper Stamp Duties, c. 27,-p. 137. Sewers (House Drainage), c. 30,-p. 139. House of Commons' Proceedings, c. 33,p. 139.

Bills of Lading, c. 111,-p. 398.
Youthful Offenders, c. 97,-p. 399.
Metropolitan Buildings' Act, 1855, c. 122,—
415.

METROPOLITAN BUILDINGS' ACT, 1855.
18 & 19 VICT. c. 122.

THIS Act "to amend the Laws relating to

the Construction of Buildings in the Metropolis and its Neighbourhood," received the Royal Assent on the 14th August, 1855.'

1. The Act may be cited for all purposes as "The Metropolitan Building Act, 1855."

2. Except where otherwise provided, the Act will come into operation on the 1st Jan., 1856.

3. Interpretation of certain terms in the Act.

Limits of Act.

4. This Act shall extend to all places within the limits of the metropolis as defined by "An Act for the better local Management of the Metropolis, 18 & 19 Vict. c. 120," and to all other places to which such last-mentioned Act may be extended, unless such places are in making such extension expressly excepted from the operation of this Act; but nothing herein contained shall affect the exercise of any powers vested by any Act of Parliament in the Commissioners of Sewers of the City of London for the time being.

5. This Act shall be divided into Five Parts:

The First Part relating to the Regulation and Supervision of Buildings:

416

New Statutes effecting
The Second Part relating to Dangerous
Structures:

The Third Part relating to Party Structures:
The Fourth Part relating to Miscellaneous
Provisions:

The Fifth Part relating to the Repeal of for-
mer Acts, and to temporary Provisions.
PART I.-REGULATION AND SUPERVISION
OF BUILDINGS.

6. The following buildings and works shall be exempt from the operation of the first part of this Act:

Bridges, piers, jetties, embankment walls,

retaining walls, and wharf or quay walls:
Her Majesty's royal palaces, and any build-
ing in the possession of her Majesty, her
heirs and successors, or employed for her
Majesty's use or service:
Common gaols, prisons, houses of correction,
and places of confinement under the in-
spection of the Inspectors of Prisons, and
Bethlehem Hospital, and the House of
Occupations adjoining:

The Mansion House, Guildhall, and Royal
Exchange of the City of London:
The offices and buildings of the Governor
and Company of the Bank of England
already erected, and which now form the
edifice called "The Bank of England,"
and any offices and buildings hereafter to
be erected for the use of the said Governor
and Company, either on the site of or in
addition to and in connexion with the said
edifice :

The buildings of the British Museum :
The Offices and buildings of the Honourable
East India Company already erected, and
any offices or buildings hereafter to be
erected, for the use of the said company,
on the site of or in addition to such exist-
ing offices and buildings:
Greenwich Hospital and the buildings in the
parish of Greenwich vested in the Com-
missioners of Greenwich Hospital for the
purposes of the said hospital:
All county lunatic asylums, sessions houses,
and other public buildings belonging to
or occupied by the justices of the peace
of the county or city in which the same
are situated:
The erections and buildings authorised by
an Act passed in the 9 Geo. 4, for the pur-
poses of a market in Covent Garden:
The cattle market, with its appurtenances,
erected in pursuance of the Metropolitan
Cattle Market Act, 1851:
The buildings belonging to any canal, dock,
or railway company, and used for the pur-
poses of such canal, dock, or railway,
under the provisions of any Act of Par-
liament:

All buildings, not exceeding in height 30
feet, as measured from the footings of the
walls, and not exceeding in extent 125,000
cubic feet, and not being public buildings,
wholly in one occupation, and distant at
least eight feet from the nearest street or

iterations in the Law.

[LEGAL OBSERVER,

alley, whether public or private, and at the least 30 feet from the nearest buildings and from the ground of any adjoining

owner:

All buildings not exceeding in extent 216,000 cubic feet, and not being public buildings, and distant at least 30 feet from the nearest street or alley, whether public or private, and at the least 60 feet from the nearest buildings and from the ground of an adjoining owner:

All party fence walls and greenhouses so far as regards the necessary woodwork of the sashes, doors, and frames :

Openings made into walls or flues for the purpose of inserting therein ventilating valves of a superficial extent not greater than 40 square inches, if such valves are not nearer than 12 inches to any timber or other combustible material:

7. With the exceptions herein before-mentioned, this Act shall apply to all new buildings; and whenever mention is herein made of any building, it shall, unless the contrary appears from the context, be deemed to imply a new building.

8. A building shall be deemed to be new whenever the enclosing walls thereof have not been carried higher than the footings previously to the said 1st day of January, 1856: Any other building shall be deemed to be an old building.

9. Any alteration, addition, or other work made or done for any purpose, except that of necessary repair not affecting the construction of any external or party wall, in, to, or upon any old building, or in, to, or upon any new building after the roof has been covered in, shall, to the extent of such alteration, addition, or work, be subject to the regulations of this Act; and whenever mention is hereinafter made of any alteration, addition, or work in, to, or upon any building, it shall, unless the contrary appears from the context, be deemed to imply an alteration, addition, or work to which this Act applies.

10. Whenever any old building has been taken down to an extent exceeding one-half of such building, such half to be measured in cubic feet, the rebuilding thereof shall be deemed to be the erection of a new building; and every portion of such old building that is not in conformity with the regulations of this Act shall be forthwith taken down.

11. Whenever any old buildings are separated by timber or other partitions not in conformity with this Act, then, if such partitions are removed to the extent of one-half thereof, such buildings shall as respects the separation thereof be deemed to be new buildings, and be forthwith divided from each other in the manner directed by this Act.

12. Walls shall be constructed of such substances and of such thickness and in such manner as are mentioned in the first Schedule annexed hereto.

13. The following rules shall be observed with respect to Recesses and Openings in walls :

SEPT. 23, 1855.]

New Statutes effecting Alterations in the Law.

Recesses and openings may be made in external walls, provided,

1. That the backs of such recesses are not

of less thickness than eight and a half
inches; and,

2. That the area of such recesses and open-
ings do not, taken together, exceed one-
half of the whole area of the wall in which
they are made:

Recesses may be made in party walls, provided that,

1. The backs of such recesses are not of less
thickness than thirteen inches; and
2. That every recess so formed is arched
over, and that the area of such recesses
do not, taken altogether, exceed one-half
of the whole area of the wall of the story
in which they are made; and

3. That such recesses do not come within
one foot of the inner face of the external
walis;

But no opening shall be made in any party wall except in accordance with the rules of this Act:

The word area, as used in this section, shall mean the area of the vertical face, or elevation, of the wall, pier, or recess to which it refers. 14. As to timber in external walls. 15. Rules as to bressummers.

16. Height and thickness of parapets to external walls.

17. Height of party walls above roof.
18. As to chases in party walls.
19. As to construction of roofs.
20. Rules as to chimnies and flues.

21. Rules as to close fires and pipes for conveying vapour, &c.

22. Rules as to accesses and stairs in certain buildings.

23. The following rules shall be observed with respect to habitable rooms in any building; that is to say,

1. Every habitable room hereafter construct-
ed in any building, except rooms in the
roof thereof and cellars and underground
rooms, shall be in every part at the least
seven feet in height from the floor to the
ceiling:

2. Every habitable room hereafter construct-
ed in the roof of every building shall be
at the least seven feet in height from the
floor to the ceiling throughout not less
than one half the area of such room :
3. Cellars and underground rooms shall be
constructed in manner directed by the
said Act for the better Local Management
of the Metropolis:

And whosoever knowingly suffers any room
that is not constructed in conformity with this
section to be inhabited shall, in addition to any
other liabilities he may be subject to under
this Act, incur a penalty not exceeding 20s. for
every day during which such room is inha-
bited and any room in which any person
passes the night shall be deemed to be inha-
bited within the meaning of this Act.

24. As to party arches over public ways. 25. As to arches under public ways.

417

26. The following rules shall be observed as to Projections:

1. Every coping, cornice, facia, window dressing, portico, balcony, verandah, balustrade, and architectural projection or decoration whatsoever, and also the eaves or cornices to any overhanging roof, except the cornices and dressings to the window fronts of shops, and except the eaves and cornices to detached and semidetached dwelling houses distant at least 15 feet from any other building, and from the ground of any adjoining owner, shall, unless the Metropolitan Board otherwise permit, be of brick, tile, stone, artificial stone, slate, cement, or other fire-proof material:

2. In streets or alleys of a less width than 30 feet, any shop front may project beyond the external wall of the building to which it belongs for five inches and no more, and any cornice of any such shop front may project thirteen inches and no more; and in any street or alley of a width greater than 30 feet, any shop front may project 10 inches and no more, and the cornice may project for 18 inches from the external walls, but no more:

3. No part of the woodwork of any shop front shall be fixed nearer than four and a-half inches from the line of junction of any adjoining premises, unless a pier or corbel of stone, brick, or other fire-proof material, four and a-half inches wide at the least, is built or fixed next to such adjoining premises as high as such woodwork is fixed, and projects an inch at the least in front of the face thereof:

4. The roof, flat, or gutter of every building, and every balcony, verandah, shop front, or other projection, must be so arranged and constructed, and so supplied with gutters and pipes, as to prevent the water therefrom from dropping upon or running over any public way:

5. Except in so far as is permitted by this section in the case of shop fronts, and with the exception of water pipes and their appurtenances, copings, cornices, facias, window dressings, and other like architectural decorations, no projection from any building shall extend beyond the general line of fronts in any street, except with the permission of the Metropolitan Board of Works hereinafter mentioned.

27. The following rules shall be observed as to the Separation of Buildings and Limitation of their Areas:

1. Every building shall be separated by external or party walls from any adjoining building:

2. Separate sets of chambers or rooms tenanted by different persons shall, if contained in a building exceeding 3,600 square feet in area, be deemed to be sepa rate buildings, and be divided accord

New Statutes effecting Alterations in the Law.

[LEGAL OBSERVER, ingly, so far as they adjoin vertically by same manner as if it were a building erected party walls, and so far as they adjoin for a purpose other than a public purpose. horizontally by party arches or fire-proof

SEPT. 29, 1855.]

New Statutes effecting Alterations in the Law.

to any building or work, to be prima facie evidence as against such builder of the nature of the building or work proposed to be built or done.

41. Penalty of 207. on builders neglecting to give notice.

42. District surveyor may enter and inspect buildings affected by this Act. Penalty for refusal.

43. District surveyor may enter buildings to ascertain as to exempted buildings.

44. In case of emergency, works may be commenced without notice.

Proceedings by District Surveyors in case of |
Irregularity.

45. In the following cases, that is to say,
If in erecting any building or in doing any
work to, in, or upon any building, any
thing is done contrary to any of the rules
of this Act, or anything required by this

Act is omitted to be done; or

419

49. Fees to district surveyors in respect of matters in first part of second Schedule. 50. Metropolitan Board may appoint special fees for services not provided for.

51. At the expiration of the following periods, that is to say,

Of one month after the roof of any building surveyed by any district surveyor under this Act has been covered in,

Of 14 days after the completion of any such work as is by this Act placed under the supervision of the district surveyor,

Of 14 days after any special service in re

spect of any building has been performed, the district surveyor shall be entitled to receive the amount of fees due to him from the

builder employed in erecting such building, or in doing such work, or in doing any matter in respect of which any special service has been performed by the surveyor, or from the owner or occupier of the building so erected or in respect of which such work has been done or

In cases where due notice has not been service performed; and if any such builder, given,

If the district surveyor, on surveying or inspecting any building or work, finds that it is so far advanced that he cannot ascertain whether anything has been done contrary to the rules of this Act, or whether anything required by the rules of this Act has been omitted to be done;

In every such case the district surveyor shall give to the builder engaged in erecting such building, or in doing such work, notice in writing requiring such builder, within 48 hours from the date of such notice, to cause anything done contrary to the rules of this Act to be amended, or to do anything required to be done by this Act, but which has been omitted to be done, or to cause so much of any building or work as prevents such district surveyor from ascertaining whether anything has been done or omitted to be done as aforesaid to be to a sufficient extent cut into, laid open, or pulled down.

46. If the builder to whom such notice is given makes default in complying with the requisition thereof within such period of 48 hours, the district surveyor may cause complaint of such noncompliance to be made before a justice of the peace, and such justice shall thereupon issue a summons requiring the builder so in default to appear before him; and if upon his appearance, or in his absence, upon due proof of the service of such summons, it appears to such justice that the requisitions made by such notice or any of them are authorised by this Act, he shall make an order on such builder commanding him to comply with the requisitions of such notice, or any of such requisitions that may in his opinion be authorised by this Act, within a time to be named in such order.

47. Penalty of 201. on noncompliance with order of justice.

48. Penalty of 50s. on workmen, &c., doing anything contrary to rules of Act.

owner, or occupier refuses to pay the same, such fees may be recovered in a summary manner before a justice of the peace, upon its being shown to the satisfaction of such justice that a proper bill specifying the amount of such fees was delivered to such builder, owner, or occupier, or sent to him in a registered letter addressed to his last known residence.

52. District surveyor to make monthly re-turns to Metropolitan Board of Works. 53. Return duly signed to be a certificate that works are agreeable to Act.

54. Superintending architect to audit accounts of fees charged by district surveyors, and to report in case of excess.

55. Power for Metropolitan Board of Works to modify rules.

56. Whenever any builder is desirous of erecting any iron building, or any other building to which the rules of this Act are inapplicable, he shall make an application to the Metropolitan Board of Works, stating such desire, and setting out a plan of the proposed building, with such particulars as to the construction thereof as may be required by the said Board; and the latter, if satisfied with such plan and particulars, shall signify their approval of the same, and thereupon such building may be constructed according to such plan and particulars; but it shall not be lawful for such board to authorise any warehouse or other building used either wholly or in part for the purposes of trade or manufacture to be erected of greater dimensions than 216,000 cubic feet, unless it is divided by party walls in manner hereinbefore required.

57. Power of Metropolitan Board to make general rules.

58. Approval of board how signified. 59. Board to issue forms of notices. 60. All expenses incurred in and about the obtaining such approval of the Metropolitan Board of Works as aforesaid shall be paid by the builder to the said superintending architect, or to such other person as the said board may