width than fifty feet, which shall exceed in height the certain streets (f). distance from the external wall or front of such building to the opposite side of such street, without the consent in writing of the metropolitan board of works; nor shall the height of any building so erected be at any time subsequently increased so as to exceed such distance without such consent; and in determining the height of such building the measurement shall be taken from the level of the centre of the street immediately opposite the building up to the parapet or eaves of such building; and every person committing any offence under this enactment shall be liable to a penalty of 5l., and in case of a continuing offence to a further penalty of 40s. for every day during which such offence shall continue after notice from the said board, to be recovered by summary proceeding.

may place

footpaths,

LXXXVI. Where in any street the roadway and foot- Metropopaths or either of them are or is situate in more than litan board one parish or district, or where the whole of the road- roadway, way and footpaths of any street are situate in one parish &c. in or district, and the whole or any part of the houses and different buildings abutting on such roadway or footpaths are districts situate in another parish or district, in either of the said under macases it shall be lawful for the metropolitan board of one vestry works, should they deem it convenient and proper so board (g) to do, to order that any such roadway and footpaths

(f) The byelaws promulgated under Local Government Act, 21 & 22 Vict. c. 98, s. 34, contain provisions of a similar character.

(g) By the 140th sect. of 18 & 19 Vict. c. 120, the metropolitan board is authorized to place any street in different parishes under one management, and the 160th section directs that the sums required for defraying the expenses incurred in the part so placed under their management shall be paid by the vestry or district board having control over that part. This enactment empowers the board, in the cases comprised within the enactment, to determine the proportions in which the cost of the works and operations specified shall be borne by such parish.

parishes or

nagement of

or district

Affixing names of streets by

vestries and

district

shall, for the purposes of sewerage, drainage, paving, and lighting, or any of them, be under the exclusive management of the vestry or district board of one of the said parishes or districts, and to order and direct in what proportions the costs of constructing and maintaining any new sewer or drain in such street, or of the reconstruction, reparation, or maintenance of any existing sewer or drain therein, or of the paving or making up or lighting of the roadway or footpaths thereof, and the repair and maintenance of such roadway or footpaths, shall be borne and defrayed by the vestry or board of each parish or district, and the decision of the said metropolitan board thereon shall be final and conclusive; and in case of default by any vestry or board liable under any such order to any such payment, the vestry or district board entitled thereto may sue for and recover the amount thereof from the vestry or board so making default by action at law.

LXXXVII. The one hundred and forty-first section of the firstly-recited Act is hereby repealed; and in lieu thereof be it enacted, that vestries and district boards boards (h). shall and may, within the limits of their respective jurisdictions, from time to time cause to be painted or affixed on a conspicuous part of some house or building

(h) By this provision, as re-enacted, the several vestries and district boards as to parts out of the city limits, and the commissioners of sewers within those limits, are to affix the names of streets instead of the metropolitan board as directed by the repealed section. Further, the power of the metropolitan board to alter the names of streets is not limited to cases in which more than one strect is called by the same name, and the exercise of that power is no longer subject to the approval of the commissioners of Her Majesty's works. And with respect to the numbering of houses, the duty of the metropolitan board is henceforward limited to the making the order and the transmission of a copy of it to the vestry or district board; and all subsequent acts and proceedings for giving effect to the order are transferred to the last-named bodies.

names by

and execu

orders by vestries and

boards.

at or near each end, corner, entrance, or other convenient part of any street in their parish or district, the name of such street, and renew such name whenever it may be obliterated or defaced; and the metropolitan Alteration of board of works may alter the name of any street to any metropoother name which to such board may seem fit; and litan board, before any name is given to any street, notice of the tion of intended name shall be given to the said metropolitan board, and the said board may, by notice in writing district given to the person by whom notice of such intended name has been given to them, at any time within one calendar month after receipt of such notice, object to such intended name; and it shall not be lawful to set up any name to any new street in the metropolis until the expiration of one calendar month after notice thereof has been given as aforesaid to the said metropolitan board, or to set up any name objected to as aforesaid; and whenever the said metropolitan board shall, under the power hereinbefore given, have ordered or directed an alteration in the name or names of any street, or of any place or row of houses, or in any line of road (i), they shall transmit a copy of their order directing such alteration to the vestry or district board in whose parish or district such street, place, row of houses, or line of road shall be situate; and such vestry or district board shall thereupon cause to be painted or affixed on a conspicuous part of some house or building, to the satisfaction of the said metropolitan board, at or near each end, corner, entrance, or other convenient part (k) of the said street, place, row of houses, or line of road, the altered name or names specified in the order of the metropolitan board, and shall perform all other necessary acts for giving effect to such order; and it shall be lawful for the said metropolitan board from time to time to

(i) Throughout the repealed enactment the word "street only is used. The words "or any place, row of houses, or on any line of road," are here introduced for the first time. (k) The words "or other convenient part," are new.

P

order and direct that any row of houses or buildings in any street or in any line of road in the metropolis shall, for the purpose of distinguishing the same, be marked with such numbers or names as they shall deem convenient and proper for that purpose, and which they shall specify in their order in that behalf; and whenever the said metropolitan board have passed any such order as last aforesaid, they shall transmit a copy thereof to the vestry or district board in whose parish or district the said street, place, row of houses, or line of road shall be situate, and it shall thereupon become the duty of such vestry or district board to perform all necessary acts and to take all requisite proceedings for carrying the order of the said metropolitan board into execution, and for that purpose they shall give notice to the owners or occupiers of the houses and buildings in such street, place, row of houses, or line of road to mark their several houses and buildings with such numbers or names as the said metropolitan board shall by their said order have ordered or directed, and to renew the numbers or names of such houses or buildings as often as they are obliterated or defaced; and if any occupier of any such house or building neglect for one week after notice from the said vestry or district board to mark such house or building with such number or name as shall be mentioned and required in the said notice, or to renew the number or name as aforesaid, he shall be liable to a penalty not exceeding 40s., and the said vestry or district board may cause such number or name to be so marked or renewed, and recover the expenses thereof from the owner of such house or building by a summary proceeding before a justice of the peace; and if any person wilfully destroy, pull down, obliterate, or deface the name of any street or line of road in the metropolis, or the name or number of any house or building therein, or paint, affix, or set up any name or number to any house or building contrary to this enactment, he shall for every such offence forfeit a sum not exceeding 40s.; and it shall be lawful for the said ves

try or district board to cause such name or number so painted, affixed, or set up contrary to the directions in their said notice to be obliterated or destroyed: Provided always, that the powers conferred by this section upon the metropolitan board shall extend to the city of London and the liberties thereof; and all matters by this section directed and authorized to be done by vestries and district boards shall and may be done within the city of London and the liberties thereof by the commissioners of sewers of the said city and liberties (1).

omitting to

Vict. c. 120,

LXXXVIII. If any person shall, without having given Persons the notice directed by the seventy-sixth section of the give notice firstly-recited Act, begin to lay the foundation of any required by new house or building within any parish mentioned in of 18 & 19 schedule (A.) of the said Act, or any district in schedule liable to B. of the said Act, or to make any drain for the purpose penalty (m). of draining either directly or indirectly into any sewer under the jurisdiction of the vestry or board of such parish or district, he shall become liable to a penalty for every such offence not exceeding 57., and to a continuing penalty of 40s. for each and every day during which he shall omit to give the notice directed by the said Act.

persons

collecting ashes, &c.(n)

LXXXIX. If any person or persons other than the Penalty on person or persons employed by or contracting with the wrongfully vestry or district board of any parish or district, or those employed by or under such person or persons, shall receive, carry away, or collect any dirt, dust, cinders, rubbish, ashes, or breeze from any houses or premises, or from any street or highway in any parish or district, or any road scrapings, refuse, or mud from any street or

(7) See the case of Daw v. Metropolitan Board of Works, 31 L. J. (N. S.) C. P. 223, cited in note (c) to sect. 242 of 18 & 19 Vict. c. 120, ante.

(m) The section referred to imposes no penalty for an omission to give the notice directed by it.

(n) See sect. 127 of 18 & 19 Vict. c. 120, ante, vesting the property in dirt, dust, &c., in the vestries and district boards.