Cox's Magistrates Cases Volume 20 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...and R. Cunningham Glen for the appellant.---This is not a "criminal cause or matter." The London Building Act is a. private Act, and these proceedings are really only a peculiar kind of civil action under a. private Act of Parliament for the purpose of preserving a. uniform line of buildings in streets. The peculiar rovisions of sect. 23 of the London Building Act 894 for the pulling down of buildings which project beyond the general line and for compensating the owner show that these provisions are for the protection of the street and not for the purpose of creating criminal offences by the owner. the W. U. D. C. was the urban authority. In April 1901 W. R. and Co. constructed a tunnel or culvert 12%;. beneath the carriage-way of F.street for t p'u/rpose of carrying electric cables i-n connection with their business. The tunnel consisted of a concrete flooring and a brick archway. They subsequently changed their lans, and, cutting through the concrete, laid t e cables in pipes upon or nearly upon the clay subsoil, and filled in the flooring with fresh concrete. 4 The W. U. D. C. gave them notice to remove the tunnel in accordance with sect. 26 of the Public Health Act 1875. W. R. and Co. then removed the keystone of the arch, the tunnel fell in, and the subsidence was made good with ballast. The W. U. D. C. not being satisfied, brought an action claiming a declaration that they as the urban authority might properly cause the arch, vault, or cellar constructed by the defendants under the carriageway of F.-street to be altered, pulled down, or otherwise dealt with as the W. U. D. C. should think fit. W. R. and Co. instituted a crossaction for an injunction to prevent the W. U. D. C. from cutting, disturbing, or injuring their...