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subject of judicial decision, and of a difference in judicial opinion
in a Divisional Court. In the Vestry of St. Mary, Islington,
v. Goodman, 23 Queen's Bench Division, page 104, the majority
of the Court—Mr. Justice Denman and Mr. Justice Hawkins
(Lord Coleridge, Chief Justice, dissenting)—held that section 26
of the Building Act of 1855 did not amount to a repeal pro tanto
of section 72 of Michael Angelo Taylor's Act, and that it only
authorised projections in cases where, but for a statutory prohibition,
they would bo lawful, and did not authorise projections
which would interfere with the uses by the public of the public
footway. The principle of this decision unquestionably applies to
the case before us, and were it not that it is a criminal case in
which no appeal is possible, wo should feel bound to act on the
judgment of the majority of the Court; but there being no appeal
and the matter being one of general importance, it lias been
considered right to have the question re-argued before a speciallyconstituted
Divisional Court of five members.
The enactment relied on by the Appellant, 18 and 19 Victoria,
chapter 122, section 26, is, so far as is material, as follows :—" Tho
following rules shall bo observed as to projections in streets or
alleys of a less width than thirty feet. Any shop front may
project beyond the external wall of a building to which it belongs
for five inches and no more, and in any streot or alley of a width
greater than thirty feet, any shop front may project ten inches and
no more. Except in so far as is permitted by this section in the
case of shop fronts no projection from any building shall extend
beyond the general line of fronts in any street, except with the
permission of the Metropolitan Board of "Works."
This Act received tho Royal assent on the same day as the
Metropolis Local Management Act, 1855. By section 96 of that
Act, all streets in tho Metropolis being highways are vested in the
Vestry or District Board of tho Parish or District in which such
highways are situated. By section 119, as has been pointed out,
power is given to remove future projections into any street, and