such expenses or such insufficiency from such occupier, builder, owner, or other person, together with all costs and expenses in respect thereof, in like manner as if the same were a penalty imposed by this Act. PART II. Section 17. 18. Any person affected by any notice under the preceding provi- Power to sions of this part of this Act may, within seven days after the service appeal. of the same, appeal to the board. All such appeals shall stand referred to the committee of appeal appointed by the board under and in pursuance of section two hundred and twelve of the Metropolis Management Act, 1855, for hearing appeals, who may hear and determine the same, and may order the 18 & 19 Vict. district surveyor, or any other surveyor, to inspect any foundations, c. 120, s. 212. site, house, building, or other erection, and may, on such evidence as they think satisfactory, either confirm the notice served by the district surveyor, or may confirm the same with such modifications as they think proper, or refuse to confirm the same. In case of an appeal against any such notice, compliance with the requirements of the same may be postponed until after the day upon which such appeal shall be so decided as aforesaid, and the same, if confirmed in whole or in part, shall only take effect as and from such day. of section 74 of 18 & 19 Vict. c. 122, with respect to sale of dangerous structures. 19. Where under the provisions of the Metropolitan Building Act, Amendment 1855, and the Acts amending the same with respect to dangerous structures, any structure is sold for payment of the expenses incurred in respect thereof by the board in manner prescribed by section seventy-four of the said Act, the person to whom the same is sold (hereinafter referred to as "the purchaser"), his agents and servants, may enter upon the land whereon such structure is standing, for the purpose of taking down the same and of removing the materials of which the same is constructed, and any person who refuses to admit the purchaser, his agents or servants, pon such land, or impedes him in removing such materials, shall be liable on conviction to a penalty not exceeding ten pounds, and to a further penalty of five pounds for every day after the first day during which such refusal continues. Where the proceeds of the sale of any such structure under the said seventy-fourth section are insufficient to repay the board the amount of the expenses incurred by them in respect of such structure, no part of the land whereon such structure stands or stood shall be built upon until after the balance due to the board in respect of such structure shall have been paid to the board. L.B. Act 1894 20. Provided always, that the provisions of Part II. of this Act Part II. of shall not extend or apply to the city of London. Act not to apply to city of London. PART III. 21. The architect of the board, and any other person authorised by the board in writing under their seal, may, at all reasonable times after completion or during construction, enter and inspect any house, room, or other place kept open or intended to be kept open for the public performance of stage plays, or for public dancing, music, or other public entertainment of the like kind affected by any of the provisions of this Act, or of any regulations made in pursuance PART III. Power for surveyor to PART III. Section 21. inspect thereof; and the district surveyor of any district may at all reason able times during the progress and the three months next after the completion of any house, building, erection, or work in such district affected by and not exempted from any of the provisions of this Act, or by any bye-law made in pursuance of this Act, or by any terms or conditions upon which the observance of any such provisions or any of such bye-laws may have been dispensed with, enter and inspect such house, building, erection, or work; and if any person refuses to admit such architect, person, or surveyor, or to afford L.B. Act 1894 him all reasonable assistance in such inspection, in every such case the person so refusing shall incur for each offence a penalty not exceeding twenty pounds. music halls, buildings, and works. Power to owners, &c., to Repealed by 22. For the purpose of complying with the requirements of any notice or order served or made under the provisions of this Act on any owner, builder, or person in respect of any house, building, or other erection, room, or place, such owner, builder, or person, his servants, workmen, and agents may, after giving seven days' notice in writing to the occupier of such house, building, or other erection, room, or place, and on production of such notice or order, enter such house, building, or other erection, room, or place, and do all such works, matters, and things therein or thereto, or in connection therewith, as may be necessary; and if any person refuses to admit such owner, builder, or person, or his servants or workmen or agents, or to afford them all reasonable assistance, such person shall incur for each offence a penalty not exceeding twenty pounds. L.B. Act 1894 sofar as relating to any notice or Order served or made vnder any provision Pehealed, by the Recovery of At penalties. 1894. 23. Every penalty imposed by Part I. and Part III. of this Act may be recovered by summary proceedings before any justice in like manner and subject to the like right of appeal as if the same were a penalty recoverable by summary proceedings under the Metropolis 18 & 19 Vict. Management Act, 1855, and the Acts amending the same; and every c. 120. 18 & 19 Vict. c. 122. penalty imposed by Part H. of this Act, or by any bye-law made in pursuance thereof, may be recovered by summary proceedings before any justice in like manner and subject to the like right of appeal as if the same were a penalty recoverable by summary proceedings under the Metropolitan Building Act, 1855, and the Aete amending the same: Provided always, that in any proceedings against any person L.B. Act 1894 for more than one penalty in respect of one or more breach or breaches of any provision of this Act or of any bye-law made in pursuance of this Act, it shall be lawful to include in one summons all such penalties, and the charge for such summons shall not exceed two shillings. Exceptions polis Manage ment Acts 18 & 19 Vict. 24. Her Majesty's royal palaces, and all buildings, works, and grounds excepted from the operation of the Metropolis Management Act, 1855, and the Acts amending the same, or of any of the said Acts, shall be excepted from the operation of the provisions of this Act which are to be construed with such Acts, and all exemptions from the provisions of any of the said Acts shall extend to such of the provisions of this Act as are to be construed as aforesaid with such Acts. (a) These exceptions are apparently contained in the 237th section of the Metropolis Management Act, 1855 (Ely Place, &c.); the 240th section relating to the Crown Estates Paving Act, 1851, the 240th section saving rights of Her Majesty's Commissioners of Works, &c.; the 116th section of 25. Her Majesty's royal palaces and all buildings, works, and grounds excepted from the operation of the Metropolitan Building Act, 1855, and the Acts amending the same, or of any of the said Acts, shall be excepted from the operation of the provisions of this Act which are to be construed with such Acts, and all exemptions from the provisions of any of the said Acts shall extend to such of the provisions of this Act as are to be construed as aforesaid with such Acts. 26. Nothing in this Act, or in any bye-law of the board there under, shall apply to the Inner Temple, the Middle Temple, Lincoln's Inn, Gray's Inn, Staple Inn, Furnival's Inn, or the close of the collegiate church of Saint Peter, Westminster. PART III. Section 25. Exceptions 18 & 19 Vict. c. 122.(b) L.B. Act apply to the Temple, &c. of the Crown 27. Nothing contained in this Act, or in any bye-law thereunder made, shall apply to or shall authorise or empower the board, or any vestry, district board, or district surveyor, to take, use, or in any manner interfere with any land, soil, tenements, or hereditaments, or any rights of whatsoever nature, belonging to or enjoyed or Duchy of exercisable by the Queen's most excellent Majesty in right of her Lancaster. crown, or in right of her Duchy of Lancaster, 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, in right of her crown, first had and obtained for that purpose (which consent such commissioners are hereby respectively authorised to give), or without the consent in like manner of the chancellor of the said duchy, on behalf of Her Majesty, in right of her said duchy ; neither shall anything contained in this Act, or in any bye law there- L. B. Act under made, extend to 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, in right of her crown, or in right of her said duchy; and nothing contained in Part I. of this Act shall apply to the extension of Savoy Street or the bridge which the Chancellor and Council of the said duchy are by the Metropolitan Board of Works (Various Powers) Act, 1875,(c) empowered to make and construct, or to any house or building within the precinct of the Savoy, or upon the land mentioned in section six(d) of the last-mentioned Act, constructed or extended after the passing of this Act, in or abutting upon any road, passage, or way existing, formed, or laid out at the time of the passing of this Act. the Metropolis Local Management Amendment Act, 1862, saving the rights of the Crown and the Duchy of Lancaster; the 117th section with a like enactment relating to the Duchy of Cornwall; the 242nd section as to the powers of the City Commissioners of Sewers; the 243rd section as to the rights of Metropolitan Sewage Manure Company; the 244th section saving rights of commissioners or trustees of turnpike roads; and the 245th section saving the powers of the Metropolitan Commissioners of Police. (b) These exceptions are contained in the 6th section of that Act, and the 2nd section of the Metropolitan Buildings Amendment Act, 1861. (c) Which gives power to the Metropolitan Board of Works to make improvements in connection with the Victoria Embankment in and near the precinct of the Savoy. (a) Providing that the board may surrender to the Duchy of Lancaster two strips of land, parts of, and at the easternmost end of the board's vacant ground; and any land so granted shall be deemed to be part of the improvable ground in the liberty of the Savoy, within the meaning of certain letters patent of the 11th of October, 51 George 3. 1894 AN ACT TO CONFER FURTHER POWERS UPON THE METRO- 45 VICT. CAP. 14. 19TH JUNE, 1882. 18 & 19 Vict. 18 & 19 Vict. WHEREAS it is expedient to provide for the better management of the metropolis by conferring further powers upon the Metropolitan Board of Works (in this Act referred to as "the Board") with respect to the management of existing streets and the formation of new streets, and the regulation of buildings and structures in the metropolis : And whereas for the purposes aforesaid it is expedient to amend the Metropolis Management Act, 1855, the Metropolitan Building Act, 1855, and the Acts amending the same respectively: And whereas the objects aforesaid cannot be effected without the authority of parliament : 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: Short title. Limit of Act. Division of Act into four PART I. 1. This Act may be cited for all purposes as the Metropolis Management and Building Acts (Amendment) Act, 1882. 2. This Act shall extend and apply to the metropolis as defined by the Metropolis Management Act, 1855. 3. This Act shall consist of four parts. (a) This Act is divided into four parts. Part II. amends the Metropolis Management Act, 1855, and the amending Acts, and must be read with them as one Act. Part III. amends the Metropolitan Building Act, 1855, and the Acts amending the same, and must be read with them as one Act. 4. The Metropolis Management Act, 1855, and the Acts amending Metropolis the same, and this part of this Act shall be construed together as one Management Act. Acts and Part be construed in default of vestries, &c., 5. Whenever the board have transmitted a copy of any order made by them in pursuance of the provisions of the eighty-seventh section of the Metropolis Management Amendment Act, 1862, to any vestry or district board, or to the Commissioners of Sewers of the City of London, and such vestry or district board or commissioners have for the space of three calendar months after the receipt of such order failed to perform all or any of the necessary acts, or to take all or any of the requisite proceedings for carrying such order into execution, then and in every such case the board may perform all or any of such necessary acts or take all or any of such necessary proceedings which such vestry or district board or commissioners have failed to perform or take, and for such purpose, and generally for giving effect to the 25 & 26 Vict. provisions of the said section, as amended by this section, the board c. 102.(b) shall have and may exercise all the rights, powers, authorities, and jurisdiction by the said section conferred upon vestries, district boards, and the said commissioners respectively, including the recovery of expenses from owners of houses and buildings, and the said section shall be construed accordingly. in complying with order of board. 6. In case any person not being lawfully authorised knowingly Preventing erects or places, or causes to be erected or placed, any post, rail, obstructions fence, bar, obstruction, or encroachment whatsoever in, upon, over, of streets.(c) or under any street, or alters or interferes with any street in such a manner as to impede or hinder the traffic for which such street was formed or laid out from passing over the same, he shall (in addition to any other proceeding to which he may be liable therefor) be liable to a penalty not exceeding ten pounds for every such offence, and to a further penalty not exceeding forty shillings for every day on which such offence is continued after the day on which he shall have received notice in writing from the board to remove such post, rail, fence, bar, obstruction, or encroachment, and to reinstate or restore such street to its former condition; and the board may, at the expiration of two days after giving such notice as aforesaid, demolish or remove any such post, rail, fence, bar, obstruction, or encroachinent, and reinstate or restore such street to its former condition, and recover the expenses thereof in like manner as if the same were a penalty imposed by this part of this Act. 7. Where after the passing of this Act it is intended by any person Provisions as to form or lay out any road, passage, or way for building as a street to new streets. for the purposes of carriage traffic or of foot traffic only, in such manner that such road, passage, or way will not afford direct communication between two streets, such person shall, at least three months before such road, passage, or way is begun to be so formed or laid out, make an application to the board giving notice of such intention, (b) See 25 & 26 Vict. c. 102, s. 87, ante. This section gave the board no power to execute the works in question in default of the vestry, &c. (c) See for definition of "street," notes to 18 & 19 Vict. c. 120 s. 250, and 25 & 26 Vict. c. 102, s. 112. Y |