Power of councils to make byelaws regulating advertisements. 7, Edw. 7, c. 27. Incorporation of Commis sioners of Works for purposes of Act, etc. Local authorities. Definition of ancient monument. 45 & 46 Vict. c. 73 City of London, that the erection of buildings of a style of architecture in harmony with other buildings of artistic merit existing in the locality is impeded in consequence of any byelaws with respect to new streets or buildings in force in the borough or district, the council may, with the consent of the Local Government Board, relax the byelaws so far as may be necessary to allow the erection of such buildings, provided that the council is satisfied that such buildings can be erected with due regard to safety from fire and to sanitation: Provided also that no byelaws in force in the City of London shall be relaxed under this section such as are administered by the Common Council of the City of London. 19. The Advertisements Regulation Act, 1907," shall be construed as if the powers of local authority, as defined by that Act, included a power to make byelaws prohibiting or restricting the display of advertisements or notices of such a nature or in such a manner as to be detrimental to the amenities of any ancient monument specified in the byelaw. Any power to make byelaws given by this section shall be in addition to, and not in derogation of, the powers to make byelaws given by the Advertisements Regulation Act, 1907, or by any other Act. 20. (1) For the purposes of this Act, the Commissioners of Works shall be a body corporate by that name and shall have perpetual succession and a common seal, and may acquire by gift, will or otherwise, and hold without license in mortmain, any land or estate or interest in land. (2) Any conveyance, appointment, devise or bequest of land or any estate or interest in land under this Act to the Commissioners of Works or a local authority shall not be deemed to be a conveyance, appointment, devise or bequest to a charitable use within the meaning of the Acts relating to charitable uses. 21. (1) The council of every county and borough and the Common Council of the City of London shall be a local authority within the meaning of this Act. * (2) Expenses of local authority under this Act, out of what public fund payable, etc. 22. In this Act the expression "monument" includes any structure or erection, other than ecclesiastical building which is for the time being used for ecclesiastical purposes; and the expression "ancient monument" includes any monument specified in the schedule to the Ancient Monuments Protection Act, 1882, and any other monuments or things which, in the opinion of the Commissioners of Works, are of a like character, and any monument or part or remains of a monument, the preservation of which is a matter of public interest by * Summarized. 1 See pp. 420, 441. reason of the historic, architectural, traditional, artistic, or archaeological interest attaching thereto, and the site of any such monument, or of any remains thereof; and any part of the adjoining land which may be required for the purpose of fencing, covering in, or otherwise preserving the monument from injury, and also includes the means of access thereto. *23.-(1) Reports, to whom made, etc. (2) Application to Scotland. * 24. Repeals. 25. (1) This Act may be cited as the Ancient Monuments Consolidation and Amendment Act, 1913. (2) This Act shall not apply to Ireland. Repeal Short title and application FIRST SCHEDULE The Royal Commission on Historic Monuments in England. The Society of Antiquaries of Scotland. The Royal Institute of British Architects. The Board of Education. No. 4. THE ENGLISH ADVERTISEMENTS REGULATION ACT, 1907 An Act to authorize Local Authorities to make Byelaws respecting the Exhibition of Advertisements. 1.-This Act may be cited as the Advertisements Regulation Act, Short 1907. 2. Any local authority may make byelaws(1) For the regulation and control of hoardings and similar structures used for the purpose of advertising when they exceed twelve feet in height: title. Local authorities to have power to make bye regulation of adver (2) For regulating, restricting, or preventing the exhibition of laws for advertisements in such places and in such manner, or by such means, as to affect injuriously the amenities of a public park or pleasure tisements. promenade, or to disfigure the natural beauty of a landscape: Provided that a local authority in making byelaws under this section shall provide for the exemption from the operation of such byelaws * Summarized. "Referred to in sec. 15 of the act. 7 Edward VII, ch. 27. Byelaws to be confirmed by Secretary of State. Expenses. Powers of Act to be in addition to any existing powers, of any hoardings and similar structures in use for advertising purposes at the time of the making of the byelaws, and of any advertisements exhibited at that time, for such period, not being less than five years from that time, as they may think fit. 3.-(1) A byelaw made under this Act shall not have any effect until confirmed by the Secretary of State, and shall not be so confirmed until at least thirty days after the local authority have published it in such manner as the Secretary of State may by general or special order direct. (2) The Secretary of State shall, before confirming any byelaw, consider any objections to it which may be addressed to him by persons affected or likely to be affected thereby. (3) The Secretary of State may, before confirming any byelaw, order that a local inquiry be held with respect to the byelaw or with respect to any objections thereto. The person holding any such inquiry shall receive such remuneration as the Secretary of State may determine, and that remuneration and the expenses of the local inquiry shall be paid by the local authority making the byelaw. (4) Byelaws made under this Act may apply either to the whole area of the local authority, or to any specified part thereof. (5) Byelaws made by a county council shall not be of any force or effect within any borough or urban district the council of which is a local authority under this Act. (6) The production of a copy of any byelaw certified by a person purporting to be the clerk of the local authority to be a true copy shall, until the contrary is proved, be evidence of the byelaw and of the due making thereof, and, if it is so stated in the certificate, of the byelaw having been duly confirmed. * 4.-Expenses incurred by local authority in carrying act into effect, out of what public fund paid, etc. 5. The powers and provisions of this Act shall be deemed to be in addition to and not in derogation of any powers and provisions of any local Act, and any powers of making byelaws under any general Act and any such powers and provisions may be exercised and enforced in the same manner as if this Act had not been passed. *6. Application to Scotland. 7. Definition of "local authority." * 8-10. Enforcement, application to Ireland, and penalties. * Summarized. PART VII CITY PLANNING ADMINISTRATION CHAPTER I. PLANNING ADMINISTRATION IN ITALY, Importance of Administration.-To the average citizen the only real test of a principle is whether it works or not. Logically this may not always be fair; the principle may be correct, the means of applying it, faulty. The average citizen will have none of such fine spun distinctions. To get his vote you must "show him," and the only way to accomplish it is to "do the job." Thus administration, important in all practical affairs, is especially so in matters like city planning, where political support for a new principle is necessary and success is dependent upon votes. If city planning, when introduced in any community, is badly administered and proves a failure, it will be a long time before that community, whatever methods of applying it be proposed, will give it a new trial. The previous parts of this treatise have been taken up with the substance of city planning law; this last part is concerned with the no less important matter of its administration. Importance of Foreign Administration to Us.—In the previous parts of this work, devoted to the presentation of the substance of city planning law in the United States, foreign legislation has been freely cited, and the same free use will be made of it in this last part concerned with its administration. To us in this country the study of foreign methods of city planning in connection with our own, is perhaps especially im portant, both because city planning is much newer here than in Europe and administrative methods are of slow growth, and because political administration is one of the things in which we have been least successful. That we shall anywhere find procedure ready made, which we can with advantage adopt, is not probable. Administrative methods are in no small measure dependent on local conditions and the institutions of which they form a part. The study of foreign institutions may, however, bring home to us the necessity, and even suggest the substance, of amendments to our own; and—what is perhaps even more important in our country, where city planning legislation is still too recent to be judged altogether by its results—these foreign institutions may give us a basis for passing at least a provisional judgment on the aim and efficiency of our methods. City planning is a science; in its application to different localities it varies greatly, but everywhere the same principles hold true, everywhere the main aim of city planning is the same— to bring about a unity in the construction of the given community; and city planning administration is successful in proportion as it attains this aim. City Planning Law of Recent Growth.-The knowledge and practice of city planning goes back to the most ancient times; but city planning law is a recent growth. It is not until construction by royal fiat or special act is superseded by construction in accordance with rules of general application, in which procedure and the rights of all parties affected are fixed, that planning law as now known can come into existence. The Italian Planning Law.-Perhaps the first significant modern law attempting to deal with the various phases of city planning is to be found in Italy. This law, passed in 1865, contains the four provisions most essential in a city planning law, -those for the preparation of the plan, for its adoption by the public authorities as the rule governing future construction, for its protection against the encroachments of the owners of the land planned, and for construction in due time, including the taking of the necessary land. The plan under the Italian law, however, embraces only public streets and squares, leaving out all the other factors of city construction which are so essential |