under the Thames Conservancy Act, 1857, shall continue servancy unaffected and in full force. Act (i) the crown LXXX. Nothing contained in this Act shall authorize the Saving board to take, use, or in any manner interfere with any land, rights of tenements, or hereditaments, or any rights, of whatsoever generally. nature, claimed by or belonging to or enjoyed or exercisable by the Queen's most excellent Majesty in right of her crown, other than the lands, tenements, hereditaments, or rights below high-water mark, for the acquisition whereof express provision is made by this Act, without the consent in writing of the commissioners for the time being of Her Majesty's woods, forests, and land revenues, or one of them, on behalf of Her Majesty, first had and obtained for that purpose (which consent such commissioners are hereby respectively authorized to give); neither shall anything in this Act contained divest, take away, prejudice, diminish, or alter any estate, right, privilege, power, or authority vested in or enjoyed or exercisable by the Queen's Majesty, her heirs or successors. to the LXXXI. A valuation of any lands, tenements, or heredita- Provision ments, or of any rights and interests whatsoever vested in, as to land belonging to, or enjoyed or exerciseable by Her Majesty, her belonging heirs and successors, in right of her duchy of Lancaster, which duchy of shall be required to be taken, used, or interfered with by the Lancaster. said board for the purposes of this Act, shall be made, and the amount of such valuation shall be paid by the said board to the receiver-general of the revenues of the said duchy, or his sufficient deputy or deputies, before the said board shall commence any works within the manor or precinct of the Savoy, or within any lands vested in or belonging to Her Majesty in right of her said duchy; and the said valuation shall be made by two arbitrators in manner following; that is to say, one arbitrator shall be appointed by the board, and the other by the chancellor for the time being of the said duchy, within one month after the passing of this Act; and such arbitrators shall, before they commence their duty, appoint an umpire in writing; and if within twenty-one days after both arbitrators have been appointed they shall omit or refuse to appoint an umpire as aforesaid, it shall be lawful for the lords commissioners of Her Majesty's treasury to appoint an umpire, which appointment shall be valid, whether the arbitrators have then commenced their duty or not; and if either party shall neglect or refuse Street viaduct within Savoy precinct to be to satisfac tion of duchy of Lancaster surveyor, and saving rights of duchy of Lancaster. to appoint an arbitrator as aforesaid, the arbitrator appointed by the other party shall act alone; and the decision of such arbitrators or arbitrator or umpire (as the case may be) shall be final; and all the costs and expenses of the valuation shall be borne and paid by the said board; and the amount of valuation paid to the receiver-general shall be dealt with as purchase monies for lands sold under the " Duchy of Lancaster Sales Act, 1855," and upon payment thereof the chancellor and council may execute a grant or assurance to the board of the lands, tenements, or hereditaments, rights or interests, in respect of which such payment shall have been made, as provided in the case of a sale under that Act. LXXXII. The street viaduct within the precinct of the Savoy shall be constructed to the satisfaction of the surveyor in that behalf of the duchy of Lancaster, and so as not to constructed interfere with the chapel of St. John the Baptist in the said precinct, and as little as possible with the yard of the said chapel; and in constructing the said viaduct the board shall not, without the consent in writing of the chancellor and council for the time being of the said duchy on behalf of Her Majesty in right of her said duchy first had and obtained for that purpose, which consent the said chancellor and council are hereby authorized to give, enter upon, use, or take any more ground than shall be actually requisite for the construction thereof, and the ground between the pillars under the said viaduct shall remain and be vested in Her Majesty, her heirs and successors, in right of her said duchy ; and nothing in this Act shall authorize the board to take, use, or in any manner interfere with any land, tenements, or hereditaments, or any rights, of whatsoever nature, belonging to or enjoyed or exercisable by Her Majesty in right of her duchy of Lancaster, other than the lands, tenements, and hereditaments or rights for the acquisition whereof provision is made by the next immediately preceding section of this Act, without the consent in writing of the chancellor and council for the time being of the said duchy, on behalf of Her Majesty, in right of her said duchy, first had and obtained for that purpose (which consent the said chancellor and council are hereby authorized to give); neither shall anything in this Act contained divest, take away, prejudice, diminish, or alter any estate, right, title, privilege, power, or authority vested in or enjoyed or exercisable by Her Majesty, her heirs or successors, in right of her said duchy. Viaduct in front of City gasworks. LXXXIII. The viaduct in front of the works and premises of the City of London Gaslight and Coke Company shall be carried upon two arches, having each a span of seventy feet at the least, and a headway beneath the same of not less than eight feet above Trinity high-water mark. LXXXIV. There shall be one arch under the said viaduct Viaduct in in front of the Whitefriars dock, having a span of seventy Whitefriars front of feet at the least, and having a headway beneath the same of dock. not less than eight feet above Trinity high-water mark. marked LXXXV. Within two months after the passing of this Act Supplethe several supplemental plans herein referred to as signed by mental plans the Right Honourable William Cowper, and marked respec- A. B. and tively A., B., and C., shall be deposited with the clerk of the C. to be depeace for the county of Middlesex, who shall receive and retain posited with them, and permit all persons interested to inspect them, and make clerk of copies and extracts of and from them, in like manner, upon Middlesex. the like terms, and under the like penalty for default, as by the Act of the first year of the reign of Her present Majesty, chapter eighty-three, is provided with respect to the documents therein specified. peace of SCHEDULE. FORM OF MORTGAGE. In pursuance and by virtue of "The Thames Embankment Act, 1862," we, the metropolitan board of works, do hereby, in consideration of the sum of £- paid to us by of [&c.] for the purposes of this Act, assign to the said executors, administrators, and assigns, such part or proportion of the Thames Embankment and Metropolis Improvement Fund under "The London Coal and Wine Duties Continuance Act, 1861," and of the monies from time to time payable to us out of the fund by virtue of the first hereinbefore mentioned Act, as the said sum of £- bears to the whole amount from time to time borrowed by us on the security of that fund and of the monies last aforesaid, to hold to the said executors, and assigns, until the sum of £with interest thereon at the rate of £- per centum per annum from the day of the date hereof, and to be paid half-yearly, shall be fully paid. As witness our corporate seal, this in the year of our Lord 18 day of 18 & 19 VICT. CAP. 122. AN ACT TO AMEND THE LAWS RELATING TO THE CON- 14TH AUGUST, 1855. Short title. Commence WHEREAS it is expedient that the laws relating to buildings in the metropolis and its neighbourhood should be amended: 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,) Preliminary. I. This Act may be cited for all purposes as "The Metropolitan Building Act, 1855." II. This Act shall, except in cases where it is otherwise ment of Act. expressly provided, come into operation on the 1st day of January, 1856. Interpreta tion of certain terms in this Act. III. In the construction of this Act (if not inconsistent with the context) the following terms shall have the respective meanings hereinafter assigned to them; (that is to say,) "The treasury" shall mean the commissioners of Her Majesty's treasury: "Public building" shall mean every building used as a church, chapel, or other place of public worship; also (a) The former Metropolitan Building Act, 7 & 8 Vict. c. 84, was held to be an Act of a local and personal nature, though the 119th section declared it to be a public Act. Richards v. Eusto, 15 M. & W.244. every building used for purposes of public instruction ; also every building used as a college, public hall, hospital, theatre, public concert room, public ball room, public lecture room, public exhibition room, or for any other public purposes: "External wall" shall apply to every outer wall or vertical enclosure of any building not being a party wall: "Party wall" shall apply to every wall used or built in order to be used as a separation of any building from any other building with a view to the same being occupied by different persons: "Cross wall" shall apply to every wall used or built in order to be used as a separation of one part of any building from another part of the same building, such building being wholly in one occupation: "Party structure" shall include party walls, and also partitions, arches, floors, and other structures separating buildings, stories, or rooms which belong to different owners, or which are approached by distinct staircases or separate entrances from without: The "area" of every building shall be deemed to be the superficies of a horizontal section of such building inade at the point of its greatest surface, including the external walls and such portion of the party walls as belong to the building, but excluding any attached building the height of which does not exceed the height of the ground story: "The base of the wall" shall mean the course immediately above the footings: "Owner" shall apply to every person in possession or receipt either of the whole or of any part of the rents or profits of any land or tenement, or in the occupation of such land or tenement other than as a tenant from year to year or for any less term, or as a tenant at will: "Builder" shall apply to and include the master builder or other person employed to execute or who actually executes any work upon any building: "District surveyor" shall mean every such surveyor who is appointed in pursuance of this Act, or whose appointment is hereby confirmed, and shall include any deputy or assistant surveyor appointed under this Act: In all cases in which the name of an officer having local jurisdiction in respect of his office is referred to without mention of the locality to which the jurisdiction extends, such reference is to be understood to indicate the officer having jurisdiction in that place within which is situate the building or other subject matter or any part thereof to which such reference applies: "Person" shall include "a body corporate." |