134 



THE CIVIL ENGINEER AND ARCHITECT'S JOURNAL. 



[3Iarch, 



It is proposed to extend the building act district the same as in last years' 

 bill (see Journal, Vol. VI., p. 214), and it is also proposed to empower her 

 Majesty in Council to extend it to any place within 12 miles of Charing 

 Cross. 



It is proposed to alter the mode of rating the building into classes as set 

 forth in Schedule C hereafter shown ; the third and sixth class of buildings 

 are to be erected under the joint supervision of the district surveyor and the 

 official referees. 



Power is to be given to the Commissioners of Works and Buildings (here- 

 tofore called Commissioners of Woods and Forests) upon the recommenda- 

 tion of the official referees to modify any of the rules prescribed by the act. 



Two architects are to be appointed by the Home Secretary of State to act 

 as official referees, with a salary of £1000. each, to whom are to be referred 

 many important duties ; in fact, they may be considered as judges: it is 

 therefore essentially necessary that they should not he allowed to practise 

 as architects privately, and that a clause ought to be inserted to that effect ; 

 and we think the importance of the office demands that both the referees 

 and also the registrar (another officer to be appointed with a salary of XIOOO.) 

 should have one public office, and it would be still better, if it were part of 

 the same building as that of the Commissioners of Works and Buildings, 

 thus uniting all under one roof woidd give importance to the department. 



We shall now defer making any further observations, but shall carefully 

 watch the progress of the building, and report if any important alterations 

 should hereafter be made. The following arc the clauses to which we have 

 referred. The numbers refer to the bill. 



11. And, for the purpose of preventing the express provisions of this Act 

 from hindering the adoption of improvements, and of providing for the adop- 

 tion of expedients better adapted to accomplish the purposes thereof; be 

 it enacted, with regard to every boiling, of whatever class, so far as relates 

 to the modification of any rules hereby prescribed, that if, in the opinion of 

 the official referees, the rules by this Act imposed shall be inapplicable, or 

 will defeat the objects of this Act, and that by the adoption of any modifica- 

 tion of the rules hereby prescribed, its objects will be attained either better 

 or as effectually, it shall be the duty of .'uch official referees to report their 

 opinion thereon, stating the grounds of such their opinion, to the Commis- 

 sioners of Works and Buildings ; and that, if on the investigation thereof it 

 shall appear to the said commissioners that such opinion is well founded, 

 then it shall be lawful for the said commissioners or any two of them to 

 direct that such modification may be made as will, in their opinion, give 

 effect to the purposes of this Act ; and that although such official referees 

 shall be of opinion that such modifications are not requisite or admissible, 

 yet if any party interested present to the official referees a representation, 

 setting forth the grounds whereon such modification is claimed, it shall be 

 the duty of the official referees, and they are hereby required to report such 

 representation, as well as their opinion thereon to the said commissioners, 

 vrith the grounds of such their report and opinion and that thereupon, if 

 the said commissioners think fit, it shall be lawful for them or any two of 

 them to direct the official referees to make such order in the matter as may 

 appear to them to be requisite; and that, with regard to such application, so 

 far as relates to the payment of the costs thereof, it shall be lawful for the 

 said commissioners to direct such official referees to make such order relative 

 to the costs of such reference to them, as to the said commissioners shall 

 seem fit. 



75. And now, for the purpose of providing for the appointment of com- 

 petent official referees to superintend the execution of this act throughout 

 aH the districts to which it is applicable, and also to determine sundry matters 

 in question incident thereto, as well as to exercise, in certain cases, a discre- 

 tion in the relaxation of the fixed rules and directions of this act, where the 

 strict observance thereof is impracticable, or would defeat the object of this 

 act, or would needlessly affect, with injury, the course and operation of this 

 branch of business ; be it enacted, with regard to the official referees, so far 

 as relates to their appointment, to their qualifications, and to the tenure of 

 their oflice, that it shall be lawful for her Majesty's Principal Secretary of 

 State acting for the Home Department, and he is hereby empowered to 

 appoint two persons, being architects, to be official referees of metropolitan 

 buildings, and from time to time, as he shall think proper, to remove such 

 official referees, and in their place to appoint other persons so qualified. 



76. And be it enacted, with regard to such official referees, so far as relates 

 to their functions generally, that it shall be the duty of such official referees, 

 and they are hereby required to superintend the execution of this act, by the 

 several district surveyors already existing, or hereby authorized to be ap- 

 pointed, and to perform the several matters to them respectively assigned by 

 the provisions of this act, and to determine all questions referred to them, 

 whether expressly by this act, or at the instance of any one or more of the 

 parties concerned. 



77. And be it enacted, with regard to the official referees, so far as relates 

 to their jurisdiction, that if any doubt, difference or dissatisfaction, in respect 

 of any matter within the limits of this act, arise between any parties con- 

 cerned, or between any party and any surveyor, or between any two sur- 

 veyors, as to any act done, or to be done, in pursuance of this act ; or as to 

 the effect of the provisions thereof ; or as to the mode in which the provisions 

 and directions of this Act are or ought to he carried into effect ; and parti- 

 cularly as to whether the requirements implied in terms of qualification, 

 applied to sites, to soils, to materials or to workmanship, or otherwise, and 

 denoting good, sound, fit, proper or sufficient, are fulfilled in certain cases; 

 or as to the district in which any building, matter or thing is to be deemed to 



be situate, especially in cases where such building, matter or thing is partly 

 in one district and partly in another ; or as to the expenses to be borne by 

 the respective owners of premises parted by the same party-walls, or the pro- 

 portions thereof; or as to the proportions of the expense to be borne by the 

 occupier, or by the owners of premises, in respect of any work executed, or 

 any other matter whatever ; then it shall he lawful for any party concerned 

 and he is hereby entitled, to require the official referees to determine such 

 matter, but so that such requisition be made in writing, and that it sets forth, 

 either generally or otherwise, the matters in respect of which the determina- 

 tion of the official referees is required; and that the determination of such 

 referees, or of one of such referees, with the assent of the registrar of metro- 

 politan buildings, as to all or any of the points in difference on which such 

 referees shall make their award, and as to the costs, charges and expenses 

 of such reference, shall be binding on all parties to such reference. 



78. And be it enacted, with regard to the official referees, so far as relates 

 to their authority in respect of any reference to them, and to the effect of 

 their award upon the rights and interests of the owners and occupiers of 

 property, that it shall be lawful for such referees and they are hereby em- 

 powered to exercise all such powers as arbitrators as they would have had 

 in case they had been appointed under an order of her Majesty's Court of 

 Queen's Bench at Westminster ; and that if such award be given in writing, 

 and be sealed by the official seal of the registrar of metropolitan buildings, 

 it shall be as effectual as if made under an order of reference by such court, 

 and shall be enforced by the said court in all respects as if made under an 

 order of such court ; and that it shall be binding and conclusive against 

 every person, body politic and corporate, including the Queen's Majesty, her 

 heirs and successors, claiming any estate, right, title, trust, use or interest in, 

 to or out of the said premises or any part thereof, either in possession, re- 

 version, remainder, or expectancy, and against every other person whom- 

 soever. 



79. And be it enacted, with regard to such award, so far as relates to the 

 effect thereof as evidence of the matter thereof, that if on the trial or hear- 

 ing of any cause or matter in any court of law or equity or elsewhere, any 

 copy of an award, signed and sealed with the seal of the said registrar, be 

 produced, then it shall be the duty of all judges, justices, and otbers, and 

 they are hereby required to receive the same as prima facie evidence of the 

 matters therein contained. 



81. And be it enacted, with regard to such official referees, so far as relates 

 to the regulation of the business of their office, that when any matter is by 

 this Act required, directed or permitted to le done by the official referees, 

 the same may be done by any one of them, with the assent of the registrar 

 of metropolitan buildings, unless express provision to the contrary be made, 

 and if done by any one of them with such assent, it shall be as valid and 

 effectual as if done by all of them ; and that, suliject to such restrictions 

 and regulations as may be made in that behalf by the Commissioners of 

 Works and Buildings, it shall be lawful for the official referees to appoint 

 any one of their number, under their bauds and the seal of the registrar of 

 metropolitan buildings, to make any inquiry or any survey which shall appear 

 to them either necessary or expedient in order to enable them to determine 

 any matters in reference. 



82. And, for the purpose of duly recording relaxations of the requisitions 

 of this Act, made in pursuance of the provisions hereof in that behalf, and 

 of providing for the revision from time to time both of such relaxations and 

 requisitions, and of providing against the partial exercise of the powers of 

 this Act, and for the more effectually providing for the due recording of the 

 acts of the official referees, and for exercising a due control thereon ; be it 

 enacted that it shall be lawful for the Commissioners of Works and Build- 

 ings, and they are hereby authorized and required to appoint a registrar of 

 metropolitan buildings ; and that such registrar shall hold his office during 

 the pleasure of the said commissioners; and that, subject to the provisions 

 of this Act, it shall be lawful for the said Commissioners to make rules for 

 regulating the execution of the duties of the office of tiie said registrar; 

 and that it shall he the duty of such registrar to keep a seal, and to affix 

 such seal to all documents made by the said official referees, and required to 

 be sealed ; and to keep all the documents and records relating to the busi- 

 ness of their office, and to register the same : provided always, with regard 

 to such registrar, so far as relates to the affixing the seal of office to any 

 document, that if it shall appear to the said reg strar that any such docu- 

 ments are contrary to law, or not complete in any of the requisite forms, or 

 beyond the competence of the said official referees, either with regard to the 

 provisions of this Act or any rules or regulations prescribed for their 

 guidance, by the said Commissioners of Works and Buildings, then it shall 

 be the duty of the said registrar to refuse to affix the seal ; and that there- 

 after, if the said official referees shall so require, it shall be his duty, and he 

 is hereby required to report the matter and the particular grounds and rea- 

 sons for his refusal to the said commissioners ; and that upon the receipt of 

 such report it shall be lawful for the said Commissioners to authorize the 

 .said registrar to affix the seal or to confirm his refusal ; provided always, 

 with regard to such office of registrar, so far as relates to the execution of 

 his duties in certain events, that if such registrar be ill or otherwise unable 

 to discharge the duties of his said office, or if he he absent, then it shall be 

 lawful for tiie said Commissioners i Works and Buildings to appoint some 

 other person to act in his behalf, and to assign to such person such, part of 

 the remuneration of the said registrar, or otherwise to remuneraie him as 

 the Lords of the Treasury shall appoint in that behalf. 



87. And be it enacted, with regaid to such official referees ami registrar. 



