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ingly 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 twenty pounds.
tain cases to
11. Whenever it appears to the Board that any house or other Power to place of public resort within the Metropolis which was at the Board in certime of the passing of this Act authorised to be kept open for the require propublic performance of stage plays, and which is kept open for such prietors of purpose, under the authority of letters patent from Her Majesty, the music her heirs and successors or predecessors, or of a license granted by halls in use at the Lord Chamberlain of Her Majesty's Household for the time the time of the being, or by justices of the peace, or that any house, room, or other passing of this Act to remedy place of public resort within the Metropolis, containing a super- structural ficial area for the accommodation of the public of not less than defects. five hundred square feet, which was at the time of the passing of this Act authorised to be kept open, and which is kept open, for dancing, music, or other public entertainment of the like kind, under the authority of a license granted by any court of quarter sessions, is so defective in its structure that special danger from fire may result to the public frequenting the same, then and in every such case the Board may, with the consent of the Lord Chamberlain in the case of theatres under his jurisdiction, and of Her Majesty's Principal Secretary of State in all other cases, if in the opinion of the Board such structural defects can be remedied at a moderate expenditure, by notice in writing require the owner of such house, room, or other place kept open for any of the purposes aforesaid, under such authority as aforesaid, to make such alterations therein or thereto as may be necessary to remedy such defects, within a reasonable time to be specified in such notice; and in case such owner fails to comply with the requirements of such notice within such reasonable time as aforesaid, he shall be liable to a penalty not exceeding fifty pounds for such default, and to a further penalty of five pounds for every day after the first day after the expiration of such reasonable time as aforesaid during which such default continues: Provided always, that any such owner may, within fourteen days after the receipt of any such notice as aforesaid, serve notice of appeal against the same upon the Board, and thereupon such appeal shall be referred to an arbitrator to be appointed by Her Majesty's First Commissioner of Works at the request of either party, who shall hear and determine the same, and may, on such evidence as he may think satisfactory, either confirm the notice served by the Board, or may confirm the same with such modifications as he may think proper, or refuse to confirm the same, and the decision of such arbitrator with respect to the requirements contained in any such notice, and the reasonableness of the same, and the persons by whom and the proportions in which the costs of such arbitration are to be paid, shall be final and conclusive and binding upon all parties.
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.
and certain new music
halls for pro
tection from fire.
12. The Board may from time to time make, alter, vary, and Board to make amend such regulations as they may think expedient with respect regulations with respect to to the requirements for the protection from fire of houses or other new theatres places of public resort within the Metropolis to be kept open for the public performance of stage plays, and of houses, rooms, or other places of public resort within the Metropolis containing a superficial area for the accommodation of the public of not less than five hundred square feet, to be kept open for public dancing, music, or other public entertainment of the like kind, under the authority of letters patent from Her Majesty, her heirs or successors, or of licenses by the Lord Chamberlain of Her Majesty's Household, or by any justices of the peace, or by any court of quarter sessions, which may be granted for the first time after the passing of this Act; and may by such regulations prescribe the requirements as to position and structure of such houses, rooms, or places of public resort which may, in the opinion of the Board, be necessary for the protection of all persons who may frequent the same against dangers from fires which may arise therein or in the neighbourhood thereof; provided that the Board may from time to time in any special case dispense with or modify such regulations, or may annex thereto conditions if they think it necessary or expedient so to do.
license for new
The Board shall, after the making, altering, varying, or amending of any such regulations, cause the same to be printed, with the date thereof, and a printed copy thereof shall be kept at the office of the Board, and all persons may at all reasonable times inspect such copy without payment, and the Board shall cause to be delivered a printed copy, authenticated by their seal, of all regulations for the time being in force to every person applying for the same, on payment by such person of any sum not exceeding five shillings for every such copy.
A printed copy of such regulations, dated and authenticated by the seal of the Board, shall be conclusive evidence of the existence and of the due making of the same in all proceedings under the same, without adducing proof of such seal or of the fact of such making.
From and after the making of any such regulations it shall not be lawful for any person to have or keep open any such house, room, or other place of public resort for any of the purposes aforesaid, unless and until the Board grant to such person a certificate in writing under their seal, to the effect that such house, room, or other place was on its completion in accordance with the regulations made by the Board in pursuance of the provisions of this Act for the time being in force, and in so far as the same are applicable to such house or other place, and to the conditions (if any) annexed thereto by the Board.
In case any such house, room, or place of public resort is opened or kept open by any person for any of the purposes aforesaid, contrary to the provisions of this enactment, such person shall be liable to a penalty not exceeding fifty pounds for every day on which such house or place of public resort is so kept open as aforesaid.
13. A person interested in any premises about to be constructed, or in course of construction, which are designed to be licensed and
used within the Metropolis for the public performance of stage plays, or for public dancing, music, or other public entertainment of the like kind, may apply to the licensing authority for the grant of a provisional license in respect of such premises. The grant of such provisional license shall, in respect of the discretion of the licensing authority and procedure, be subject to the same conditions as those applicable to the grant of a like license which is not provisional. A provisional license so granted shall not be of any force until it has been confirmed by the licensing authority; but the licensing authority shall confirm the same on the production by the applicant of a certificate by the Board that the construction of the premises has been completed in accordance with the regulations and conditions made by the Board as herein-before provided, and on being satisfied that no objection can be made to the character of the holder of such provisional license.
14. In this part of this Act
The term "foundations" shall mean the space immediately beneath "Foundathe footings of a wall:
The term "site" in relation to a house, building, or other erection "Site." shall mean the whole space to be occupied by such house, building, or other erection between the level of the bottom of the foundations and the level of the base of the walls. 15. The Metropolitan Building Act, 1855, and the Acts amend- c. 122., &c., ing the same, and this part of this Act shall be construed together as one Act.
18 & 19 Vict.
and this part of
this Act to be
Board to make byelaws with
16. The Board may from time to time make, alter, vary, amend, and repeal such byelaws as they may think expedient with respect to the following matters; (that is to say,) (1.) The foundations of houses, buildings, and other erections, respect to sites and the sites of houses, buildings, and other erections to and foundabe constructed after the passing of this Act, and the mode tions. in which and the materials with which such foundations and sites shall be made, formed, excavated, filled up, pre
pared, and completed for securing stability, the prevention
(2.) The description and quality of the substances of which walls
are authorised to be constructed by section twelve of the Metropolitan Building Act, 1855, for securing stability, the 18 & 19 Vict. prevention of fires, and for purposes of health:
(3.) The duties of district surveyors in relation to such foundations and sites and substances, and for the guidance and control of such district surveyors in the exercise and discharge of such duties:
(4.) The regulation of the amounts of the fees to be paid to such district surveyors in respect of any duties imposed upon them by any such byelaws or by this Act.
The Board may further provide by any byelaw that in any case in which the Board think it expedient they may dispense with the observance of any byelaw made under the authority of this part of this Act, subject to such terms and conditions, if any, as they may think proper; and such terms and conditions may be enforced in
c. 122. s. 12.
c. 122. s. 56.
like manner in every respect as if the same had been enacted by such byelaw.
The Board may, subject as herein-after mentioned, further provide for the due observance of such byelaws by enacting therein such provisions as they think fit as to the deposit of plans and sections of public buildings, and buildings to which section fifty-six of 18 & 19 Vict. the Metropolitan Building Act, 1855, applies, which shall be constructed after the passing of this Act, and as to inspection by the district surveyor or other officer of the Board of houses, buildings, and other erections to be constructed after the passing of this Act, and of the plans and sections relating thereto, and as to the power of the Board to cause the removal, alteration, or pulling down of any house, building, or other erection or work done or begun in contravention of any such byelaw, and by imposing such reasonable penalties as they think fit, not exceeding five pounds, for each breach of any such byelaw, and in case of a continuing offence a further penalty not exceeding forty shillings for each day after notice of such offence from the Board or district surveyor.
18 & 19 Vict, c. 120.
ss. 202, 203.
or are as con
Any byelaw made in pursuance of this section, and any alteration, variation, and amendment made therein, and any repeal of a byelaw, shall not be of any validity until it has been confirmed by one of Her Majesty's Principal Secretaries of State.
A byelaw made under this section shall not, nor shall any alteration, variation, or amendment therein or repeal thereof, be confirmed by one of Her Majesty's Principal Secretaries of State until the expiration of two months after a copy of the byelaw, together with notice of the intention to apply for confirmation of the same, has been published by the Board, once at least in each of two consecutive weeks, in two or more newspapers circulating in the Metropolis, and copies of such byelaw and notice have been delivered at the office of the Royal Institute of British Architects and of the Institution of Surveyors, and to such other societies and persons as such Principal Secretary of State may direct; and any person affected by any such proposed byelaw, or alteration, variation, or amendment in or repeal of any byelaw, may forward notice of his objection to such Secretary of State, who shall take the same into consideration.
All the provisions contained in sections two hundred and two and two hundred and three of the Metropolis Management Act, 1855, as to the making, publication, and evidence of byelaws made by the Board under the authority of the said Act, and as to penalties for breach of the same, and the remission of such penalties, shall extend and apply to the making, publication, and evidence of byelaws made by the Board under the authority of this Act, and to penalties for breach of any such byelaws, and to the remission of such penalties.
17. In case any house, building, or other erection begun to be constructed after the passing of this Act is constructed or begun &c. not erected to be constructed upon any foundations or site or with any substances which have not been made, filled up, and prepared, or which are not in description and quality in accordance with the provisions of the byelaws relating thereto made under the authority of this Act, or in accordance with the terms and conditions subject to which the Board may have dispensed with the observance of
formable with byelaws, &c.
any such provisions, the district surveyor may forthwith, by notice to be served on the occupier of such house, building, or other erection, or on the builder, owner, or other person engaged in constructing any such house, building, or other erection as aforesaid, require him to alter, pull down, or remove such house, building, or other erection or any part thereof as he may think proper; and in case any such occupier, builder, owner, or other person, during twenty-eight days after the service of such notice, fails to comply with the requirements of such notice, he shall be liable to a penalty of not less than ten shillings and not more than forty shillings for every day from the time of the service of such notice as aforesaid until such house, building, or other erection, or such part thereof, is altered, pulled down, or removed in accordance with the terms of such notice, and every such penalty shall be in addition to any other penalty for breach of any byelaw.
Provided always, that, notwithstanding the imposition and recovery of any penalty, the Board at any time after default in compliance with the requirements of such notice, if they think proper, may cause complaint thereof to be made before a justice of the peace, who shall thereupon issue a summons requiring such occupier, builder, owner, or other 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 whom the same is heard, such justice may make an order in writing authorising the Board to enter and alter, pull down, or remove such house, building, or other erection, or any part thereof, and do whatever may be necessary for such purpose, and also to remove the materials of which the same was composed to a convenient place, and (unless the expenses of the Board be paid to them within fourteen days) subsequently sell the same as they think proper; and all expenses incurred in respect of such entering and altering, pulling down, or removing any such house, building, or other erection, and in disposing of the said materials, may be deducted by the Board out of the proceeds of such sale, and the balance, if any, shall be paid by the Board to the person entitled thereto; and in case such materials are not sold by the Board, or in case the proceeds of the sale of the same are insufficient to defray the expenses incurred by the Board as aforesaid, the Board may recover 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.
18. Any person affected by any notice under the preceding pro- Power to visions of this part of this Act may, within seven days after the appeal. service of the same, appeal to the Board.
c. 120. s. 212.
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 18 & 19 Viet. hearing appeals, who may hear and determine the same, and may order the district surveyor, or any other surveyor, to inspect any foundations, 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.