iMLmM VMfM0-f&F/MA4Sf/Mf'¥A'.' ' '-." Cornell tUnlvetslt^ OF THE "Wewl^orft State CoUeac of agriculture Q^^^o^:;^. \at^j. SONS, LIMITED LONDON AND BRCCLES PREFACE AS the last edition of this work has been out of print for some time, it has been thought that a new edition would be of use, despite the fact that municipal enterprise and expenditure has been seriously restricted by reason of the war. The Housing, Town Planning, etc. Act, 1909, has been in operation for nearly six years, so that considerable experience has now been gained of its working, especially as it has led to much greater activity in the application of the Housing Acts generally. The administration of these Acts is mainly controlled and directed by the Local Government Board, so that the decisions, instructions and regulations of that Board are of primary importance. Although appeals in regard to many matters now lie to that Board, there have been before the Courts in recent years more cases relating to the construction of these Acts than formerly. These cases are cited in the notes, which have been carefully revised with a view not only of explaining the effect of the decisions but of indicating where possible the policy of the Board. The prescribed forms, rules, and regulations, as well as the latest instructions issued by the Board are set out in Part 4 of this work, while the material parts of the Board's Circulars are incorporated in the notes. The short Housing Acts of 1914 have also been added. Complaints have frequently been made as to the difficulty of understanding the provisions of the Housing of the Working Classes Acts by reason of the numerous amendments which have been made to the principal Act of 1890, and it has been generally admitted that a consohdating Act is required. To achieve simplicity some amendments would also be necessary, vi PREFACE. but the time for such an Act is not propitious. In this edition an attempt has therefore been made, in addition to printing the Acts in full with notes as formerly, to reproduce without amendment, but in a consolidated form, the Housing of the Working Classes Acts, 1890-1909, so far as they relate to England and Wales. This consoUdation forms Part 3 of this work, and it is hoped that it will be of use in assisting not only lawyers, but those who have to administer these Acts, to the more ready understanding of their complicated provisions. It will be seen, however, that many of the amendments really tend to simplification, and that the consolidation is not much longer than the principal Act of 1890. The order of the principal Act has been adhered to as far as possible, except that the powers for enforcing the execution of each Part of the Act have been brought together towards the end of that Part. In order to keep this work within the limits of a hand- book, the subject of Town Planning has been completely excluded. It properly forms no part of the Housing of the Working Classes Acts, either in fact or according to the definition in the Act of 1909. A separate literature has already arisen in connection with this subject and the present is not a suitable time to add to it. C. E. ALLAN. 12, King's Bench Walk, Temple, Jarmary, 1916. TABLE OF CONTENTS PAOE Preface v Aeeanqement of Sections of the Acts ix Table of Statutes xxi Table of Cases cited . . xxxi PABT 1. General Summary of the Law 1 PART 2. Statutes. Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70) Working Classes Dwellings Act, 1890 (53 & 54 Vict. c. 16) Housing of the Working Classes Act, 1894 (57 & 58 Vict. c. 55) Housing of the Working Classes Act, 1890, Amendment (Scotland) Act, 1896 (59 & 60 Vict. c. 31) Housing of the Working Classes Act, 1900 (63 & 64 Vict. c. 59) Housing of the Working Classes Act, 1903 (3 Edw. VII. c. 39) Housing, Town Planning, &c. Act, 1909 (9 Edw. VII. c. 44) . The Housing Act, 1914 (4 & 5 Geo. V. c. 31) . The Housing (No. 2) Act, 1914 (4 & 5 Geo. V. c. 52) 20 184 186 187 188 192 209 287 291 PABT 3. The Acts in Consolidated Form . 296 PAET 4. FoEMS, Rules and Regulations, and Insteuctions. Instructions as to applications to the Local Government Board for the confirmation of Improvement Schemes under Part I. . . 362 Instructions as to Applications to the Local Goverment Board for Orders sanctioning Reconstruction Schemes under Part II. . 364 viii TABLE OF CONTENTS. Extracts from Standing Orders of Parliament relating to Housing . 366 Model Clause for Aooommodation of Workmen on Works authorised by local Acts 367 Forms under Part I. of the Housing of the Working Classes Act, 1890, prescribed by Local Government Board (Nov. 19, 1910) . 369 Housing (Inspection of District) Regulations, 1910 (Sept. 2, 1910) . 372 Regulations as to Underground Rooms used as Sleeping Places . 375 Forms for use in connection with sections 15, 17, and 18 of the Housing, Town Planning, &c., Act, 1909, prescribed by Local Government Board (Jan. 11, 1910) 377 Rules as to Appeals to Local Government Board (Jan. 11, 1910) . 393 Intructions of Local Government Board as to applications for sanction to borrow for purposes of Part III. (Oct., 1914) . . 395 Compulsory Acquisition of Land for purposes of Part III. Statutory Order and Form of Order (1911) ... .398 Housing, etc. (Costs of Arbitration) Rules, 1912 . . . 402 County Medical Officers of Health (Duties) Order, 1910 (July 29, 1910) 406 Regulations as to Land in neighbourhood of Royal Palaces and Parks (Sept. 2, 1910) 408 Index ARRANGEMENT OF SECTIONS. HOUSING OF THE WORKING CLASSES ACT, 1890. (53 & 54 Vict. Cap. 70.) SECTION p^Qj, 1. Short title of Act 20 PART I. Unhealthy Areas. 2. Definitions ......... 21 296 3. Application of Part I. of Act 22, 297 Scheme by Local Authority. 4. Local authority on being satisfied by ofScial representation of the unhealthiaess of district to make scheme for its im- provement 22, 297 5. Official representation, by whom to be made . . .26, 298 6. Requisites of improvement scheme of local authority . 27, 298 Confirmation of Scheme. 7. Pubhcation of notices. Service of notices . . .29, 300 8. Making and confirmation of Provisional Order . . 32, 301 9. Costs to he awarded in certain cases ..... 35 10. Inquiry on refusal of local authority to make an improvement scheme 36, 311 Provision of Dwelling Accommodation for Working Classes displaced by Scheme. 11. Requisites of improvement scheme as to accommodation of working classes ....... 37, 299 Execution of Scheme by Local Authority. 12. Duty of local authority to carry scheme, when confirmed, into execution 39, 303 13. Completion of scheme on failure by local authority . 42, 311 14. Notice to occupiers by placards ..... 43, 308 15. Power of confirming authority to modify authorised scheme 44, 304 The figures printed in heavy type refer to the Consolidation. A.H. ix 6 46, 310 46 46 46 47, 305 50, 305 65. 307 57, 304 X AEEANGEMENT OF SECTIONS. Inquiries with respect to Unhealthy Areas. SECTION 16. Inquiry on default of medical officer in certain cases 17. Proceedings on heal inquiry ...... 18. Notice of inquiry to be publicly given .... 19. Power to administer oath ...... Acquisition of land. 20. Acquisition of land ....... 21. Special provision as to compensation .... 22. Extinction of rights of way and other easements 23. Application of lands for accommodation of working classes Expenses. 24. Formation of improvement fund for purposes of Act . 58, 308 26. Power of borrowing money for the purposes of Part I. of Act 59, 309 Oeneral Provisions. 26. Provision in case of absence of medical officer of health . 62, 355 27. Power of confirming authority as to advertisements and notices . 62 28. Power of confirming authority to dispense with notices in certain cases .......... 63 PART II. Unhealthy DwELLTNG-HoirsES. Preliminary. 29. Definitions: "Street," " Dweffing-house," "Owner," "Closing Order " 63, 312 Buildings unfit for Human Habitation. 30. Representation by medical officer of health . . .65, 313 31. Representation on householders' complaint . . . 66, 328 Closing Order and Demolition. 32. Duty of local authority as to closing of dweUing-house unfit for human habitation ....... 68, 313 33. Order for demolition of house unfit for habitation . . 68,315 34. Execution of an order for demolition, and provision as to site 71, 316 35. Appeal against order of local authority .... 72, 317 36. Grant of charges by way of annuity to owner on completion of * works 74, 317 37. Incidence of charge . . . . . . . 76, 318 Obstructive Buildings. 38. Power to local authority to purchase houses for opening alleys, &o 77, 319 The figures printed in heavy type refer to the Consolidation. HOUSING OF THE WOEKING CLASSES ACT, 1890. xi Scheme for Reconstruction. SECTION p^Ojj 39. Scheme for area comprising houses closed by closing order 85, 322 40. Provisions for accommodation of persons of the working classes 91, 324 Settlement of Compensation. 41. Provisions as to arbitration ...... Expenses and Borrowing. 42. Expenses of local authority ... . . 43. Provision as to borrowing ...... 44. Annual account to be presented by the local authority Powers of County Councils. 45. Powers of county councils ...... Special Provisions as to London. 46. Application of part of Act to London .... Supplemental. 47. Provision as to superior landlord ..... 48. Remedies of owner for breach of covenant, &c., not to be prejudiced ....... 49. Service of notices ...... 50. Description of owner in proceedings 51. Penalty for preventing execution of Act 52. Report to local authority by county medical officer 91, 325 97, 327 97, 328 98, 328 98, 329 101, 332 106, 334 107, 335 108, 335 109, 336 109, 336 110, 330 PART III. Working Class Lodging Houses. Adoption of Part III. 53. Definition of purposes of Labouring Classes Lodging-Houses Acts Ill, 337 54. Adoption of this part of Act ....... 112 55. Provisions in case of adoption by rural sanitary authority . . 112 Execution of Part III. by Local Authority. 56. Powers of local authority . . . . . .112, 337 57. Acquisition of land 113, 337 58. Local authority may purchase existing lodging-houses . 118,338 69. Erection of lodging-houses 118, 339 60. Sale and exchange of lands 120, 340 The figures printed in heavy type refer to the Consolidation, xii AERANGEMENT OF SECTIONS. Management of Lodging-Houses. SECTION '^^^^ 61. Management to be vested in local authority . . • 120, 340 62. Bye-laws for regulation of lodging-houses . . • 121, 340 63. Disqualification of tenants of lodging-houses on receiving parochial relief 123 64. When lodging-houses are considered too expensive they may be sold 122,341 Expenses and Borrowing of Local Authorities. 65. Payment of expenses . . . . • • .123, 341 66. Borrowing for purposes of Part III 124, 342 Loans to and Power of Companies, Societies, and Individuals. 67. Loans by Public Works Commissioners .... 125, 344 68. Powers to companies .....•• 128, 346 69. Power to water and gas companies to supply water and gas to lodging-houses ....... 129, 346 70. Inspection of lodgiag-houses 129, 346 71. Application of penalties 130, 346 PART IV. Supplemental. 72. Limit of area to be dealt with on official representation . 130, 347 73. Provisions as to parts of Act under which reports are to be dealt with in county of London. ..... 131,347 74. Amendment of 45 & 46 Vict. c. 38, as regards erection of buildings for working classes ....... 132, 349 75. Condition to be implied on letting houses for the working classes ........ 135, 353, 354 76. Medical officer of health in county of London . . 137, 355 77. Power to local authority to enter and vcdue premises . 78. Compensation to tenants for expense of removal 79. Duties of medical officer of health 80. Accounts and audit ...... 81. Power of local authority to appoint committees 82. Application of purchase money .... 83. Bates of loans by Public Works Loans Commissioners 84. Application of certain provisions as to bye-laws 85. Local inquiries ....... 86. Orders, notices, &c. ...... 87. Service of notice, &c., on the local authority . 88. Prohibition on persons interested voting as members of authority ....... 89. Penalty for obstructing the execution of Act . . 138 138, 350 138, 355 139, 351 140, 352 140, 352 141, 352 141, 356 142, 356 144, 356 144, 357 local 144, 357 145, 357 The figures printed in heavy type refer to the Consolidation. HOUSING OF THE WORKING CLASSES ACT, 1890. xiii SECTION p^ejj 90. Punishment of offences and recovery of fines . . . 145, 358 91. Powers of Act to be cumulative 146, 358 92. Definition of local authority, districts, local rate . . 147, 358 93. Definitions: "Land," "Sanitary^ district," "Sanitary authority," " Urban and rural sanitary authority," " Con- tributory place," "Superior court," " County of Land " 147, 358 PART V. Application of Act to Scotland. 94. Modification as respects reference to Scotch Acts . . . 148 95. Modifications as regards legal proceedings in Scotland . . 149 96. Miscellaneous modifications . . . ... 149 97. Provision as to superior of lands for purpose of Part II. . .150 PART VI. Application of Act to Ireland. 98-101 are omitted. PART VIL Ebpeal and Tempobaby Provisions. 102. Repeal of Acts 151, 359 103. Temporary provisions ........ 152 SCHEDULES I. Local authority and local rate for various districts . . 153, 360 II. Provisions under Part I. with respect to the purchase and taking of land in England otherwise than by agreement, and other- wise amending the Lands Clauses Acts . . . 155, 361 in. Enactments applied for the purpose of proceedings for closing premises in England, Scotland, and Ireland . . .182 rv. Forms under Part II., s. 32 182 V. Forms under Part II., s. 36 182 VI. Purposes for which bye-laws under Part III., s. 62, are to be made in all cases of lodging-houses, except where lodging- house is used as a separate dwelling . . . .182, 361 VII. Enactments repealed . . . . . . ■ .183 The figures printed in heavy type refer to the Consolidation, xiv ARRANGEMENT OF SECTIONS. - WORKING CLASSES DWELLINGS ACT, 1890. (53 & 54 Vict. Cap. 16.) section page 1. Exemptions from 51 & 52 Viot. c. 42, Parts I. & 11. & 7 & 8 Vict. c. 97 of Gifts for Working Class Dwellings . • ' ll^ 2. Application of Act ]°^. 3. Short Title and Construction 1^' HOUSING OP THE WORKING CLASSES ACT, 1894. (57 & 58 Vict. Cap. 55.) 1. Borrowing Powers under a scheme for reconstruction . 186,328 2. Short Title 186 HOUSING OF THE WORKING CLASSES ACT, 1890, AMENDMENT (SCOTLAND) ACT, 1896. (59 & 60 Vict. Cap. 31.) 1. Short title . . 187 2. Re-vesting of lajids .... ... 187 3. Defining 53 tfe 54 Vict. Cap. 70, s. 96 (2) . . . . 187 4. Repeal of 55 & 56 Vict. c. 22 187 HOUSING OP THE WORKING CLASSES ACT, 1900. (63 & 64 Vict. Cap. 59.) 1. Exercise of Powers outside District . . .188, 337, 338 2. Adoption of Part III. of Act by rural district council . . 188 3. Provisions as to Metropolitan Borough Council . . 188, 342 4. Accounts 189, 351 5. Leases by local authority for building lodging-houses . 190, 339 6. Powers of County Council to act in defcmlt of rural council . 191 7. Arbitration as to acquisition of land . . . . .191 8. Short title and extent ........ 191 Schedule 191 The figures printed in heavy type refer to the Consolidation, HOUSING OF THE WORKING CLASSES ACT, 1903. xv HOUSING OF THE WORKING CLASSES ACT, 1903. (3 Edw. 7, Cap. 39.) General Amendments of Law. SECTION ■ p^GE 1. Maximum term for repayment of loans .... 192,351 2, Transfer of powers and duties of Home Oflace to Local Govern- ment Board 193,301,347,358 .3. Re-housing obligations when land is taken under statutory- powers 196, 359 Amendments as to Schemes. 4. Provisions on failure of local authority to make a scheme 196, 310, 311 5. Amendment of procedure for confirming improvement scheme 197, 296, 300, 301 6. Power to modify schemes in certain cases ..... 198 7. Amendments as to scheme of reconstruction . . . 198, 322 Amendments as to Closing Orders, Demolition, The figures printed in heavy type refer to the Consolidation. xvi AREANGEMENT OF SECTIONS. HOUSING, TOWN PLANNING, &c., ACT, 1909. (9 Edw. 7, Cap. 44.) PART I. Housing or the Wokkeng Classes. Facilities for Acquisition of Lands and other Purposes of the Housing Acts. SECTION PAGE 1. Part III. of the principal Act to take effect without adoption 209, 337 2. Provisions as to acquisition of land under Part III. of the principal Act ........ 210, 337 3. Loans by Public Works Loan Commissioners to local Authorities 211, 352 4. Loans by Public Works Loan Commissioners to pubHo utility societies ........ 212, 344 6. Payment of purchase or compensation money (which would otherwise be paid into court) on direction of Local Gtovem- ment Board 213, 350 6. Provision of public streets in connection with exercise of powers under Part III. of the principal Act .... 214, 339 7. Expenditure of money for housing purposes in case of settled land 214, 349 8. Donations for housing purposes . . • . . . 215, 348 9. Provisions with respect to money appheable under trusts for housing purposes ....... 215, 359 Powers of enforcing Execution of Housing, Acts. 10. Power of Local Government Board on complaiat to enforce exercise of powers 216, 331, 343 11. Power of Local Government Board to order schemes, &c. to be carried out within a limited time . . . 219, 311, 332 12. Powers of county counoU to act in default of rural district council under Part III. of the principal Act . . 220, 342 13. Power of county council to exercise powers of rural district council tmder Part III. of the principal Act . . 221, 343 Contracts by Landlord. 14. Extension of section 75 of the principal Act . . . 222, 353 15. Condition as to keeping houses let to persons of the working classes in repair ....... 224, 354 16. Extension of power of making byelaws with respect to lodging- houses for the working classes ..... 230, 359 The figures printed in heavy type refer to the Consolidation. HOUSING, TOWN PLANNING, &o., ACT, 1909. xvii ATnendm&ni of Procedure for Closing Orders and Demolition Orders. SECTION PAGE 17. Duty of local authority as to closing of dwelling-houses unfit for human habitation ...... 232, 313 18. Order for demolition 240,315 19. Power to redeem annuities charged by charging order under section 36 of the principal Act 243, 317 20. Provision as to priority of charges under section 37 of the principal Act 243, 318 21. Restriction on power of court of summary jurisdiction to extend time 243, 334 Amendments with respect to Improvement and Reeonstrwition Schemes. 22. Amendment of section 4 of the principal Act as to official representation . . ... . . . 244, 297 23. Amendment of the principal Act as to contents of schemes 244, 298, 322 24. Amendment of 3 Edw. 7, c. 39, s. 5 . . 245, 296, 301, 322 25. Modification of schemes 245, 304, 322 26. Inquiries by Local Government Board inspectors as to unhealthy areas 246, 310 27. Amendment as to the vesting of water pipes, &c. . 246, 298, 307 28. Amendment of section 38 of the principal Act as to distribu- tion of compensation money and as to betterment charges 246, 319 29. Explanation of sections 21 (2) and 41 (3) of the principal Act 247, 307, 325 Amendments with respect to Financial Matters. 30. Amendment as to application of money borrowed for the purpose of the DweUing-house Improvement Fund . 247, 308 31. Expenses of rural district councU under Part III. of the principal Act 248, 342 32. Application of proceeds of land sold under Part III. of the principal Act 249, 340 33. Mode in which contributions by London borough councils to the county council or vice versa may be made . . 249, 332 34. Exemption from section 133 of 8 & 9 Vict. c. 18 . 250, 305, 350 35. Exemption of lodging-houses for the working classes from Inhabited House Duty 250, 359 General Amendments. 36. Power of entry 252, 359 37. Power of Local Government Board to obtain a report on any crowded area ........ 253, 359 38. Joint action by local authorities ..... 253, 359 The figures printed in heavy type refer to the Consolidation. xviii AREANGEMENT OF SECTIONS. SECTION PAGE 39. Appeals to Local Government Board . . . • 264, 359 40. Sale and disposal of dwellings . . • ■ • 256, 351 41. Power to prescribe forms and to dispense with advertisements and notices 256, 359 42. Provision as to pubUoation in London Gazette . • 257, 359 43. Prohibition of baok-to-back houses .... 257, 359 44. Power to Local Government Board to revoke unreasonable byelaws 259,359 45. Saving of sites of ancient monuments, &o. . . 260, 337, 349 46. Minor amendments of Housing Acts 261, 304, 316, 319, 322, 324, ^ 356, 357 Definitions. 47. Provisions of this Part to be deemed to be part of the appro- priate Part of the principal Act ..... 261 48. Amendment of definitions in Part I. of the principal Act 261, 296 49. Amendment of definitions for purpose of Part II. of the prinbipal Act 262,312 50. Definition of cottage . . .... 263, 337 51. Definition of Housing Acts ...... 263, 358 Application of Part I. to Scotland, 62. Extension of 63 & 64 Vict. c. 59 and 3 Edw. 7, c.'39, to Scotland 263 63. Application of Housing Acts to Scotland .... 263 PART II. Town Planning. PART in. CoTJNTY Medical Obticees, County Public Health and Housing Committee, &c. 68. Appointment, duties and tenure of office of county medical officers 268 69. Duty of clerk and medical officer of health of district council to furnish information to medical officer of health of county council 270, 329 70. Extent of Part III 270 71. PubUc Health and housing committee of county councils 270 72. Formation and extension of building societies . . 272, 345 The figures printed in heavy type refer to the Consolidation. HOUSING ACT, 1914. xix PART IV. SlTPPLEMENTAL. SECTION PA»E 73. Provisions as to commons and open spaces . . . 273, 359 74. Provisions as to land in neighbourhood of royal palaces or parks 275, 359 75. Repeal . . . 275, 298, 301, 303, 309, 313, 317, 318, 322, 334, 337 76. Short title and extent 275, 342, 356, 358 Schedules I.— VI. . . . 276,283,284,285 HOUSING ACT, 1914. (4 & 5 Geo. 5, Cap. 31.) 1. Powers of the Local Government Board and Commissioners of Works for the purpose of housing persons employed by Government departments ...... 287 2. Payment of expenses incurred under Act .... 289 3. Interpretation, application, and short title .... 290 HOUSING (No. 2) ACT, 1914. (4 & 5 Geo. 5, Cap. 32.) 1. Powers as to acquisition of land and buildings for housing purposes ......... 2. Payment of expenses incurred under the Act .... 293 3. Interpretation, application, and short title .... 294 292 The figures printed in heavy type refer to the Consolidation. TABLE OF STATUTES. 57 Geo. 3, c. cxxix. 4 & 5 Wai. 4, c. 76 1 & 2 Vict. c. 74 1 & 2 Vict. c. 110 2 & 3 Vict. 71 5 & 6 Vict. c. 108 7 & 8 Viot. c. 97 8 & 9 Vict. 0. 18 PAas (Michael Angelo Taylor's Act, 1817) . 84, 196 ss. 80—96 87 (Poor Law Amendment Act, 1834) — s. 12 143 (Small Tenements Recovery Act, 1838) 8, 199, 200, 238, 314 (The Judgments Act, 1838)— s. 18 35 (Metropolitan Police Courts Act, 1839) — • s. 16 85 (Ecclesiastical Leasing Act, 1842) . .282 (Charitable Donations and Bequests (Ireland) Act, 1844)— s. 16 184 (Lands Clauses Consolidation Act, 1846) 36, 47, 115, 166, 169, 210, 400 s. 3 . . 65 s. 5 . 48, 82 ss. 6—15 . 57, 82 s. 7 . 65, 135 s. 9 . . 135 ss. 16—68 . . 48, 82, 155, 277 s. 18 . 31, 83, 94, 96 ss. 22, 24 ~. . 85 s. 25 . . 158 ss. 32, 33, 35, 36,3 7 93, 96, 326 s. 33 . . 158 s. 34 . . 96 ss. 38—57 48, 175 s. 47 . 48, 53, 175, 176 s. 49 . . 63 s. 51 . 48, 175 s. 63 . 53,176 s. 68 . 48, 57, 83, 91, 95 s. 69 . . 166, 213 ss. 69—80 . 49, 82, 95, 168, 213 ss. 75—77 . 168 s. 79 . . 164 s. 80 . . 168 ss. 81—83 49,95 s. 84 . 49, 172 xxi TABLE OF STATUTES. 8 & 9 Vict. c. 18 8 & 9 Vict. c. 8 & 9 Vict. 0. 8 & 9 Vict. c. 8 & 9 Vict. 0. 10 & 11 Vict. 10 & 11 Vict. 10 & 11 Vict. 19 20 33 118 c. 16 c. 34 c. 109 11 & 12 Vict. c. 43 11 & 12 Vict. 11 & 12 Vict. 14 & 15 Vict. 14 & 15 Vict. 18 & 19 Vict. 18 & 19 Vict. 18 & 19 Vict. c. 63 c. clxiii. c. 34 c. xci. c. 58 c. 88 C.120 18 & 19 Vict. c. 134 21 & 22 Vict. o. 57 21 & 22 Vict. 0. 73 (Lands Gauses Consolidation Act, 1845) — contirmed. page s. 85 49,95,171,172 ss. 86, 87 173 ss. 89,91 164,172 S.92 49,90 ss. 93, 94 49 ss. 98, 112, 116, 119 .. . 49, 163 s. 121 138 s. 123 50, 281 s. 124 49, 166, 164 ss. 125, 126 164 s. 127 . . . . 49,115,116,210,277 ss. 128—132 49 s. 133 . . 26, 48, 90, 116, 250, 305, 350 (Land Clauses Consolidation (Scotland) Act, 1845) .... 148, 180, 282 (Railways Clauses Consolidation Act, 1845) — ss. 77— 85 .... 210,278,400 (Railways Clauses Consolidation (Scotland) Act, 1845) 282 (Inclosure Act, 1845) — ss. 11, 15 275 (Commissioners Clauses Act, 1847) . . 60 ss. 75—88 61, 309 (Towns Improvement Clauses Act, 1847) . 66 (Poor Law Board Act, 1847) — ss. 20, 21 143 (Summary Jurisdiction Act, 1848) . . 146 s. 31 130, 146 (Public Health Act, 1848 . . . .106 (City of London Sewers Act, 1848) 61, 113, 154 (Labouring Classes Lodging Houses Act, 1851) . . . Ill, 128, 151, 183 (City of London Sewers Act, 1851) . 61, 154 (Duchy of Lancaster Lands Act, 1855) . 116 (The DweUing Houses (Scotland) Act, 1855) 183 (Metropolis Management Act, 1855) 112, 121, 137, 153, 332 s. 58 . ss. 149—156 s. 161 . ss. 183—189 s. 190 . s. 191 . ss. 202, 203 . (Court of Chancery Act, 1855)— s. 16 (Ecclesiastical Leasing Act, 1858) (Stipendiary Magistrates Act, 1858)- s. 1 140 . 113 . 155 102, 104 102, 104, 203 102, 104 . 141 . 170 . 282 . 85 TABLE OF STATUTES. xxiii PAGE 23 & 24 Viot. c. 106 (Lands Clauses Consolidation Act, 1860) 48, 115 24 & 25 Vict. c. 97 (Malicious Damage Act, 1861)— ss. 13, 52 230 25 & 26 Vict. 0. 102 (Metropolis Management Amendment Act, 1862) 81 27 & 28 Vict, 0. 114 (Improvement of Land Act, 1864)— s. 9 134 28 & 29 Viot. 0. 67 (Ecclesiastical Leases, 1865) . . .282 29 & 30 Vict. 0. 28 (Labouring Classes Dwelling-Houses Act, 1866) . . . Ill, 128, 152, 183 29 & 30 Vict. c. 39 (Exchequer and Audit Departments Act, 1866) 290,294 29 & 30 Vict. c. 44 (Labouring Classes Lodging Houses and Dwellings (Ireland) Act, 1866) . .183 29 & 30 Viot. c. 90 (Sanitary Act, 1866) .... 21 s. 15 140 30 & 31 Vict. c. 28 (Labouring Classes Dwelling Houses Act, 1867 Ill, 183 31 & 32 Viot. c. 130 (Artisans and Labourers Dwellings Act, 1868) ... 63, 64, 76, 83, 183 32 & 33 Vict. 0. 1*8 (Lands Qauses Consolidation Act, 1869) 48, 116 32 & 33 Vict. c. 41 (Poor Rate Assessment and Collection Act, 1869) — s. 3 135, 137, 353 . 137 of Works (Loans) Act, . 69, 60, 61, 202 of Works (Loans) Act, 69,60 of Works (Loans Act, 59,60 s. 12 . 32 & 33 Vict. 102 (Metropolitan Board 1869) 33 & 34 Viot. c. 24 (Metropolitan Board 1870) 34 & 35 Vict. c. 47 (Metropolitan Board 1871) 34 & 35 Vict. c. 70 (Local Government Board Act, 1871 . . 256 35 & 36 Viot. c. 44 (Court of Chancery Funds Act, 1872) . 169, 173 37 & 38 Vict. c. 88 (Births and Deaths Registration Act, 1874), s. 28 24 38 Vict. c. iv. (City of London Sewers Act, 1874) . . 61 38 & 39 Vict. c. 36 (Artizans and Labourers Dwellings Improve- ment Act, 1875) . 21, 54, 55, 156, 183 s. 3 . . . ... 24 s. 19 48, 53 s. 20 . . . . . . 56 8. 69 . . .... 159 Schedule .... 169, 167, 170 38 & 39 Viot. 0. 49 (Artizans and Labourers DweUings Improve- ment (Scotland) Act, 1875) 21, 89, 161, 183 38 & 39 Vict. c. 65 (Public Health Act, 1875) . 22, 25, 106, 112 s. 4 332 s. 6 .154 s. 41 55 8.47 55 TABLE OF STATUTES. 38 & 39 Viot. c. 55 (Public Health Act, 1S7 5)— continued. 42 & 43 Viot. c. 63 42 & 43 Viot. c. 64 PAGE ss. 71-76 .... . 240 s. 80 . . . 122 s. 90 . HI, 122, 230, 231, 264 s. 91 . . 55 s. 92 . . 235 s. 102 . . 101 s. 157 . . 129, 235 s. 160 . . 66 ss. 173, 174 . . 113 ss. 175—178 13 114, 115, 120, 210, 337, 398 ss. 182—188 121, 141, 142, 210 s. 191 . 62, 139 s. 200 . . 140 ss. 207, 208 . . 123, 154 s. 210 . . 154 s. 213 . 84, 199 ss. 214,215 . . 84 s. 229 . 97, 124, 155 s. 230 . 97, 124, 155 s. 231 . . 97 s. 232 . 84,97 ss. 233—243 61, 98, 124 s. 234 . 61,98 192, 193, 351 ss. 247—250 . 139 s. 249 . . 147 s. 257 . 84, 199 s. 279 . 243, 253, 254 8.285 . . 254 ss. 293, 294, 295, 2 96 142, 143, 206 s. 297 . 142, 143, 254 s. 298 . . 142, 143 s. 305 . . 101 38 & 39 Viot. c. 89 (Public Works Loans Act, 1875) . 125, 127 39 & 40 Vict. 0. 56 (Commons Act, 1876) — ss. 2, 37 . 275 41 & 42 Vict. 0. 42 (Tithe Act, 1878)— s. 1 . 52 42 & 43 Vict. 0. 49 (Summary Jurisdiction Act, 1879) 146, 239, 317 s. 6 . 239 s. 20 . 85, 107 s. 31 . . 72 s. 34 . . 239 8. 35 . . 199, 239 s. 40 . . 73 s. 51 . . 239 (Artizans and Labourers Dwellings Improve- ment Act, 1879) . . 21, 155, 183 (Artizans and Labourers Dwellings Act (1868) Amendment Act, 1879) 63, 83, 183 TABLE OF STATUTES. XXV 42 & 43 Viot. c. 77 43 Vict. c. 2 43 Vict. c. 8 44 & 45 Viot. c. 38 44 & 46 Viot. 0. 41 45 & 46 Viot. c. 38 45 (& 46 Vict. c. 50 45 & 46 Vict. c. 54 45 & 46 Viot. c. 73 46 & 47 Vict. 0. 16 46 & 47 Viot. 0. 29 47 & 48 Vict. c. 43 47 & 48 Vict. c. 61 48 & 49 Vict. c. 72 51 & 52 Vict. 0. 41 P.\GK (Public Works Loans Act, 1879) . . 183 (Artizans and Labourers Dwellings Improve- ment (Scotland) Act, 1880) . 21, 183 (Artizans and Labourers Dwellings Act, 1880) 63, 183 (Public Works Loans Act, 1881)— s. 11 152 (Conveyancing and Law of Property Act, 1881) s. 44 75 (Settled Land Act, 1882) . . 132, 349 ss. 4, 7 134 ss. 21, 25, 30 . . . 134,214,349 s. 27 134 (Municipal Corporations Act, 1882) . 110, 330 s. 22 140 s. HI 39, 58, 117 (Artizans Dwellings Act, 1882) . 21, 63, 82, 155, 183 (Ancient Monuments Protection Act, 1882) . 261 (Lands Clauses (Umpire) Act, 1883) . 48, 115 (Supreme Court of Judicature (Funds) Act, 1883) 169 (Summary Jurisdiction Act, 1884) . . 146 (Supreme Court of Judicature Act, 1884) s. 13 170 (Housing of the Working Classes Act, 1885) 21, 63, 111, 183 s. 8 231 s. 11 133 sl2 135 (Local Government Act, 1888) — s. 17 . . . 110, 138, 268, 269, 285 s. 18 138 s. 28 . 140, 272 B. 40 . 62, 147 s. 68 . . 61 s. 71 . . 139 s. 72 . . 118 s. 76 . . 140 s. 78 . . 155 s. 82 . . 272 s. 87 . 206, 206, 284 s. 100 . . 148 61 & 52 Viot. c. 42 (Mortmain and Charitable Uses Act, 1888) 128, 184, 186 61 & 52 Vict. 0. 43 (County Courts Act, ss. 138—146 1888)— 199, 200, 238, 314 61 & 62 Vict, 0. 46 (Oaths Act, 1888)- s. 1 . 179 A.H. c XXVI TABLE OF STATUTES. 52 & 53 Vict. c. 30 52 & S3 Vict. 0. 49 52 & 53 Vict. c. 50 52 & 53 Vict. 0. 63 52 & 53 Vict. c. 72 53 & 54 Vict. c. 8 53 & 54 Vict. c. 16 53 & 54 Vict. c. 69 53 & 54 Vict. c. 70 54 & 55 Vict. c. 73 54 & 55 Vict. c. 76 55 & 56 Vict. c. 22 56 & 57 Vict. c. 39 56 & 57 Vict. c. 73 (Board of Agriculture Act, 1889)— B. 11 (Arbitration Act, 1889) . s. 7 s. 10 s. 16 s. 19 s. 24 PAGE . 194 96, 179 161, 174 161, 174 . 161 . 255 . 158 (Local Giovemment (Scotland) Act, 1889) 265,282 (Interpretation Act, 1889) — s. 3 72 s. 13 146 s. 20 139 s. 23 48 s. 26 32, 109 s. 33 146 (Infectious Disease (Notification) Act, 1889) 24 (Customs and Inland Revenue Act, 1890) 121, 250, 251 (Working aasses Dwellings Act, 1890) . 184 {See Arrangement of Sections.) (Settled Land Act, 1890)— s. 18 133, 350 (Housing of the Working Classes Act, 1890) 1, 20—183 ((See Abrangement of Sections.) (Mortmain and Charitable Uses Act, 1891) 185, 215 (Public Health (London) Act, 18£»1) . 22, 297 s. 1 ' . .235 s. 2 B. 10 . s. 48 . s. 94 . ss. 96—98 s. 99 . s. 109 . s. 115 . s. 141 . s. 142 . (Housing of the Working Classes Act, 1890, Amendment (Scotland) Act, 1892) (Industrial and Provident Societies Act, 1893) .... 127,213,345 (Local Government Act, 1894)— s. 6 . . 67, 81, 100, 218, 313, 322, 330 s. 21 . 22, 147, 154, 155, 208, 218, 271, 360 s. 56 140 . 55 . 101 . 66 111, 122, 230, 231 . 141, 240 . 139 . 62 . 101 . 232 . 22 187 TABLE OF STATUTES. xxvii 56 & 57 Vict. 0. 73 (Local Government Act, 1894) — continued. PAGE 8. 63 . . . . 217, 219, 221, 331 s. 71 . . . . . . .139 57 & 58 Vict. c. 8 (Industrial and Provident Societies Act, 1894) 127,213 57 & 58 Vict. c. 16 (Judicature Act, 1894)— ss. 1, 2 73 57 & 58 Vict. 0. 78 (Housing of the Working Classes Act, 1894) 186 {See Aebangement oe Seotioks.) 57 & 58 Vict. c. ccxiii. (London Building Act, 1894) ... 24 s. 13 129 ss. 102—117 66 58 & 59 Vict. c. 11 (Lands Clauses (Taxation of Costs) Act, 1895) .... 48, 96, 115 68 & 59 Vict. c. 30. (Industrial and Provident Societies (Amend- ment) Act, 1895) . . . .213 59 & 60 Vict. c. 14 (Short Titles Act, 1896) .... 22 59 & 60 Vict. o. 19 (Pubho Health Act, 1896) ... 22 59 & 60 Vict 0. 20 (Public Health (Ports) Act, 1896) . . 22 59 & 60 Vict 0. 31 (Housing of Working Classes Act, 1890, Amendment (Scotland) Act, 1896) . 187 {See Aerangbment oe Sections.) 00 & 61 Vict. c. 38 (Public Health (Scotland) Act, 1897) . 264, 265, 284 ss. 7, 8, 9, 10 266 ss. 72, 83, 145 264 s. 141 265 3. 146 267 60 & 61 Vict. c. 51 (Public Works Loans Act, 1897) 62, 126, 141 60 & 61 Vict. c. ii. (London (Churchwaj St. Pancras) Provisional Order Confirmation Act, 1897) . . 29 60 & 61 Vict. c. lix. (London (Clare Market, Strand) Provisional Order Confirmation Act, 1897) . . 35 60 & 61 Vict. c. cxxxiii. (City of London Sewers Act, 1897) . 61, 310 s. 7 113, 154, 360 61 & 62 Vict. c. 55 (Libraries Offences Act, 1898) . . .213 62 & 63 Vict. c. 8. (Infectious Disease (Notification) Extension Act»1899) 24 62 & 63 Vict. c. 14 (London Government Act, 1899) — si 100, 104, 334 s 4 104, 155, 360 s 6 . . . . 113, 189, 337, 338 s. 14 139 ss. 18—20 148 s 19 100, 106, 334 s. 31 218 63 & 64 Vict. c. 59 (Housing of the Working Classes Act, 1900) 188— {See Areangbmbnt op Sections.) xxviii TABLE OF STATUTES. PAGE 3 Edw. 7, c. 39 (Housing of the Working Classes Act, 1903) 192— (See Aeeangbmbnt of Sections.) 3 Edw. 7, c. 46 (Revenue Act, 1903)— s. 11 . . . . . • 121,250 4 Edw. 7, c. 16 (Public Health Act, 1904) ... 22 4 Edw. 7, 0. 21. (Capital Expenditure (Money) Act, 1904) 290, 294 7 Edw. 7, 0. 40 (Notification of Births Act, 1907) . . 24 7 Edw. 7, c. 53 (PubUc Health Amendment Act, 1907) 22, 58 7 Edw. 7, c. cxl. (City of London Union of Parishes Act, 1907) .... 61,154,360 7 Edw. 7, c. clxxv. (London County Council (General Powers) Act), 1907 66 8 Edw. 7, c. 6 (Public Health Act, 1908) ... 22 8 Edw. 7. c. 36 (SmaUHoldinga and Allotments Act, 1908) 34, 275, 279 s. 8 222 s. 39 276 8 Edw. 7, 0. 49 (Statute Law Revision Act, 1908) . 34, 104, 114, 152, 183, 191, 194, 303, 338 8 Edw. 7, c. 61 (Housing of the Working Classes (Ireland) Act, 1908)— s. 16 21 9 Edw. 7, c. 29 (Education (Administrative Provisions) Act, 1909) s. 5 58 9 Edw. 7, c. 44 (Housing, Town Planning, &c. Act, 1909) 209—286 (See Abrahgembnt of Sections.) 1 & 2 Geo. 5, c. 65 (National Insurance Act, 1911) — s. 11 200 2 & 3 Greo. 5, o. civ. (London County Council (Gteneral Powers) Act, 1912)— s. 28 121 2 & 3 Geo. 5, c. cv. (London Countv Council (Finance Consolida-) tion) Act, 1912)— S3. 3, 12, 48 . . . 61, 203, 310, 361 s. 7 104 3 & 4 Geo. 5, c. 23 (Pubhc Health (Prevention and Treatment of Disease) Act, 1913) ... 22 3 & 4 Geo. 5, c. 32 (Ancient Monuments Consolidation Amend- ment Act, 1913) .... 260 4 & 5 Geo. 5, c. 31 (Housing Act, 1914) . . . .287 (See Aekanqement of Sections.) 4 & 5 Geo. 6, c. 52 (Housing (No. 2) Act, 1914) . . 292—294 4 & 6 Geo. 5, c. 71 (Housing (No. 2) Amendment Act, 1914) . 295 4 & 5 Geo. 5, o. 91 (Welsh Church Act, 1914)— s. 3 282 TABLE OF STATUTES. xxix PAGE 4 & 5 Geo. 5, c. cxxviii. (Local Government Board's Order Confirma- tion (Housing) Act, 1914) (Okehampton Order) 275 5 & 6 Geo. 5, c. 64 (Notification of Births (Extension) Act, 1915) 24 5 & 6 Geo. 5, c. 49 (Housing (Rosyth Dockyard) Act, 1915) . 288 5 & 6 Geo. 5, c. 72 (Special Acts (Extension of Time) Act, 1915 50 TABLE OF OASES. A. FAQE Agnew to Keenan, re, (1900), 1 Ir. R. 33 178 Ahearn v. Bellman (1879), 4 Ex. D. 201 ; 48 L. J. Q. B. 681, 40 L. T. 711 ; 27 W. R. 928 137 AncketiU v. Baylis (1882), 10 Q. B. D. 577 ; 52 L. J. Q. B. 104 ; 48 L. T. 343 ; 31 W. R. 233 ; 47 J. P. 356 Ill Annesley (Lord) and Portadown, &c., iJe (1904), 39 Ir. L. T. 67 . 175 ArMge v. Hampstead Borough Counoa, [1915] W. N. 327 ; 79 J. P. N. 471 ; 59 Sol. Jo. 717 237, 238, 242 Arlidge v. Islington Borough Council, [1909] 2 K. B. 127 ; 78 L. J. Q. B. 553 ; 100 L. T. 903 ; 73 J. P. 301 ; 25 T. L. R. 470 . . . 232 Arlidge v. Scarse and Others, [1915] 3 K. B. 325 ; 79 J. P. 465 110, 145, 262, 262, 276 Attorney-General v. HanweU Urban District Council, [1900] 2 Ch. 377 ; 69 L. J. Ch. 626 ; 48 W. R. 690 ; 82 L. T. 778 ; 16 T. L. R. 462 68 Attorney-General v. Hooper, [1893] 3 Ch. 483 ; 63 L. J. Ch. 18 ; 69 L. T. 340 ; 57 J. P. 564 ; 8 R. 536 236 Attorney-General v. Pontypridd Urban District Council, [1906] 2 Ch. 377 ; 75 L. J. Ch. 578 ; 70 J. P. 394 ; 9 L. T. 224 ; 22 T. L. R. 576 ; 4 L. G. R. 791 58 Attorney-General v. Teddington Urban District Council, [1898] 1 Ch. 66 ; 67 L. J. Ch. 23 ; 61 J. P. 826 ; 77 L. T. 426 ; 46 W. R. 88 116 B. Badham v. Harris (1882), 62 L. J. Ch. 237 ; 45 L. T. 579 . 31, 56 Barker v. Metropolitan Bail. Co. (1892), 17 C. B. (n.s.) 785 ; 11 L. T. (N.s.) 312 ; 10 Jur. (n.s.) 1127 ; 13 W. R. 82 . . . . 43 Barlow v. Ross (1890), 24 Q. B. D. 381 ; 59 L. J. Q. B. 183 ; 38 W. R. 372 ; 62 L. T. 662 ; 54 J. P. 660 56 Bamett v. Metropolitan Board of Works (1882), 46 L. T. 384 ; 46 J. P. 469 172 Bayley v. Great Western Bail. Co. (1884), 26 Ch. D. 434 ; 51 L. T. 337 116 Bedford (Duke of) v. Dawson (1876), L. R. 20 Eq. 363 ; 44 L. J. Ch. 649 ; 33 L. T. (n.s.) 166 31 Belcher v. Mackintosh (1839), 8 C. & P. 700 224 Beyfus v. Westminster Corporation (1914), 79 J. P. Ill ; 112 L. T. 119 ; 39 Sol. Jo. 129 ; 13 L. G. R. 40 84 Birch, ^aj^jarfe, [1894] 2 Ir.B. Q.B.D. 181 . . . . 174,176 xxxi xxxu TABLE OF CASES. PAGE Birch V. Vestry of St. Marylebone (1869), 20 L. T. (n.s.) 697 ; 17 W. R. 1014 31, 50, 157 Bird V. Lord GrevUle (1884), 1 C. & E. 317 ^^o Birmingham and District Land Co. v. London and North Western Rail Co. (1888), 40 Ch. D. 268 ; 60 L. T. 627 . . • • l'^^ Birmingham Corporation v. Baker (1881), 17 Ch. D. 782 ; 46 J. P. 52 75 Bond V. Busfield, (1913), 48 L. J. 318 228 Booth V. Smith (1883), 47 J. P. 759 ; 51 L. T. 395 . . ■ • '5 Bowen K.Anderson, [1894] 1 Q. B. 164 ; 42 W. R. 236 ; 10 R. 47 136, 223 Bradley v. Bayliss (1881), 8 Q. B. D. 195 ; 51 L. J. Q. B. 183 ; 46 L. T. 253 ; 30 W. R. 823 ; 45 J. P. 847 HI Bradshaw's Arbitration, In Be (1848), 12 Q. B. 562 ; 17 L. J. Q. B. 362 ; 12 Jur. 998 ; 5 Ran. C. 527 158 Brierley Hill Local Board v. PearsaU (1884), 9 App. Cas. 525 ; 54 L. J. Q. B. 25 ; 33 W. R. 56 ; 51 L. T. 577 . . . • 160 Bristol (Governor of Poor of) v. Mayor of Bristol (1887), 18 Q. B. D. 349 ; 66 L. T. 641 ; 51 J. P. 676 ; 56 L. J. Q. B. 320 ; 35 W. R. 619 26 Broggi V. Robbins (1898), 14 T. L. R. 439 229 Buccleuch (Duke of) v. Metropolitan Board of Works (1868), L. R. 5 H. L. 418 ; 27 L. T. 1 ; 41 L. J. Ex. 137 . . . . 162 Bmm V. Harrison (1886), 3 T. L. R. 146 136 Burges v. Bristol Sanitary Authority (1886), 50 J. P. 455 . . 31 Burkiushaw v. Birmingham and Oxford Junction Rail. Co. (1850), 5 Ex. 476 ; 20 L. J. Ex. 246 ; 12 L. T. (n.s.) 210 ; 6 Rail. C. 600 43 Bury V. Thompson, [1895] 1 Q. B. 696 ; 64 L. J. Q. B. 500 ; 59 J. P. 228 ; 72 L. T. 187 ; 43 W. R. 338 ; 14 R. 299 ... 137 C. Caledonian Rail Co. v. Tiiroan, [1898] A. C. 256 ; 67 L. J. P. C. 69 164 Calverley's Settled Estates, Ee, [1904] 1 Ch. 150 ; 73 L. J. Ch. 25 ; 52 W. R. 206 ; 89 L. T. 500 134,215 Cameron v. Young, [19081 S. C. (H. L.) 7 ; [1908] A. C. 176 ; 45 Sc. L. R. 410 ; 77 L. J. P. C. 88 ; 98 L. T. 592 . . . 229, 230 CampbeU v. Wenlock (1866), 4 F. & F. 716 136 Carlisle Cafe Co. v. Muse (1897), 67 L. J. Ch. 73 ; 77 L. T. 515 ; 46 W. R. 107 121 Carlisle (Executors of Earl of) v. Northumberland County Council (1911), 75 J. P. 539 ; 105 L. T. 797 ; 10 L. G. R. 50 . . 279 Carr v. Metropolitan Board of Works (1880), 14 Ch. D. 807 ; 49 L. J. Ch. 272 ; 42 L. T. 354 162 Cavalier v. Pope, [1906] A. C. 428 ; 75 L. J. Q. B. 609 ; 96 L. T. 65 ; 22T. L. R. 648 229 Chamberlaia v. West End and Crystal Palace Rail. Co. (1862), 2 B. & S. 605 ; 32 L. J. Q. B. 173 ; 8 L. T. 149 ; 11 W. R. 472 ; 9 Jur. (N.S.) 1051 57 Chandler's Wiltshire Brewery Co., Ltd. v. the London County Council, [1903] 1 K. B. 569 ; 72 L. J. K. B. 260 ; 88 L. T. 271 ; 67 J. P. 119 ; 61 W. R. 573 ; 19 T. L. R. 268 ; 1 L. J. R. 269 . . 54 TABLE OF CASES. xxxiii PAGE Ciharsley v. Jones (1889), 5 T. L. R. 412 ; 53 J. P. 280 . . . 136 Cheetham v. Manchester (Mayor of) (1875), L. R. 10 C. P. 249 ; 39 J. P. 343 ; 44 L. J. 0. P. 139 ; 32 L. T. 28 . . . . 236 Clarke v. Alderbury Union Assessment Committee (1881), 45 J. P. 359 ; 29 W. R. 334 73 Cole V. Coulton (1860), 29 L. J. M. C. 125 ; 2 El. & BI. 695 ; 2 L. T. 216 ; 8 W. R. 412 ; 6 Jur. (n.s.) 698 145 Cooper V. Wandsworth Board of Works (1863), 14 C. JB. (n.s.) 180 ; 32L. J. C. P. 185; 8L. T. 278; 11 W. R. 646; 9 Jur. 1155 . 236 Cork and Youghal RaU. Co. v. Harnett (1871), L. R. 5 H. L. Ill . 170 Courage & Co. v. South Eastern RaU. Co. (1903), 19 T. L. R. 61 129, 191 CramveU v. Mayor of London (1870), L. R. 5 Ex. 284 ; 39 L. J. Ex. 193 ; 22 L. T. 760 63 Crawford v. M'Swiney (1904), 2 Ir. R. 15 160 Crow V. Davis (1904), 68 J. P. 447 ; 91 L. T. 88 ; 2 L. G. R. 1034 . 129 Crumpler v. Quay (1905), Times, Eeb. 9 136 D. Dabb VaUey Rail. Co., In re (1869), 4 Ch. 554 ; L. R. 6 Eq. 429 ; 37 L. J. Ch. 319 161 Davies U.London Corporation, (1913] ICh. 415; 82 L. J. Ch. 286 ; 108 L. T. 546 ; 77 J. P. 294 ; 29 T. L. R. 315 ; 11 L. G. R. 695 . 84 Davies v. South Staffordshire Rail. Co. (1851), 21 L. J. M. C. 62 ; 2 L. M. &P. 599 158 Denman & Co. v. Westminster Corporation, [1906] 1 Ch. 464 ; 75 L. J. Ch. 272 ; 94 L. T. 370 ; 70 J. P. 185 ; 64 W. R. 345 ; 22 T. L. R. 270 ; 4 L. G. R. 442 84 Dinn v. Blake (1875), L. R. 10 C. P. 388 ; 44 L. J. C. P. 276 ; 32 L. T. 489 161 Dobson V. Horsley, [1915] 1 K. B. 634 ; 84 L. J. K. B. 399 ; 112 L. T. 101 ; 31 T. L. R. 12 229 Doyre's Traverses, re (1888), 24 L. R. Ir. 287 ... . 170 Dubhn (Mayor of) v. Dowhng (1880), L. R. Ii. 6 Q. B. 502 . 53, 54 Durham (County Council of) v. Easington District Council (1897), 61J. P. 151 101 Dye V. Patman (1898), 62 J. P. 135 ; 46 W. R. 200 . . 31, 52 E. Eastern Counties, &c.. Rail. Co. v. Marriage (1860), 9 H. L. Cas. 32 31L. J. Ex. 73; 3L. T. (N.s.)60; SW. R. 748 ... 49 East London Rail. Co. {Oliver's Claim), In re (1890), 24 Q. B. D. 507 63 L. T. 147 ; 38 W. R. 312 160 Education (Board of) v. Rice, [1911] A. C. 179 ; 80 L. J. K. B. 796 104 L. T. 689 ; 75 J. P. 393 ; 27 T. L. R. 378 ; 85 Sol. Jo. 440 9 L. G. R. 652 256 Ellis V. Plumstead Board of Works (1893), 68 L. T. 291 ; 57 J. P. 359 ; 41 W. R. 496 ; 5 R. 237 81 xxxiv TABLE OF CASES. F. PAGE 136 170 Faulkner v. LleweUen (1862), 11 W. R. 1055 ; 12 W. B. 193 ; 9 L. T. 251 Fishguard v. Roslare Railways, Be ; Ex parte Kilkenny C. C. (1908), llr. R. 321 Fisk V. Trumble (unreported) 228 Flower, Ex parte (1866), L. R. 1 Ch. 599 ; 36 L. J. Ch. 193 ; 12 Jur. (N.S.) 872 ; 15 L. T. (N.S.) 258 ; 14 W. R. 1016 . • -162 Follick, iJe (1907), 97 L. T. 645 32 G. Gandy v. Jubber (1865), 5 B. & S. 78, 485 ; 9 B. & S. 15 ; 9 L. T. 800 ; 13 W. R. 1022 ; 32 L. J. Q. B. 151 ; 10 Jur. (n.s.) 662 . 136 Gard v. Commissioners of Sewers of City of London (1886), 28 Ch. D. 486 ; 49 L. T. 325 84 Genders v. London County CouncU, [1916] 1 Ch. 1 ; 84 L. J. Ch. 42 ; 112 L. T. 366 ; 79 J. P. 121 ; 31 T. L. R. 34 ; 12 L. G. R. 14 . 84 Gerard's (Lord) Settled Estates, lie, [1893] 3 Ch. 262 ; 62 L. J. Ch. 23 ; 69 L. T. 393 ; 7 R. 227 134 Gibbon v. Paddington Vestry, [1900] 2 Ch. 794 ; 69 L. J. Ch. 746 ; 49 W. R. 8 ; 83 L. T. 136 ; 64 J. P. 727 ; 16 T. L. R. 638 . 84 Gibson v. Hammersmith Rail. Co. (1863), 32 L. J. Ch. 337 ; 8 L. T. 43 ; 11 W. R. 299 ; 9 Jur. (n.s.) 221 64 Goldsmiths' Company v. West Metropolitan Rail. Co., [1904] 1 K. B. 1 ; 72 L. J. K. B. 931 ; 68 J. P. 41 ; 62 W. R. 21 ; 89 L. T. 428 ; 20 T. L. R. 7 50 Gonty V. Manchester, Sheffield and Lincolnshite Rail. Co., [1896] 2 Q. B. 439 ; 65 L. J. Q. B. 625 164 Gordon v. Vestry of St. Maiy Abbotts, Kensington, [1894] 2 Q. B. 742 ; 63 L. J. M. C. 193 ; 71 L. T. 196 84 Gough V. Mayor of Liverpool (1891), 66 L. T. 512 ; 65 J. P. 789 ; 66 J. P. 357 65 Grant v. Langston, [1900] A. C. 383 ; 69 L. J. P. C. 66 ; 74 J. P. 644 ; 82 L. T. 629 ; 16 T. L. R. 416 . . . . . . 224 Great Western RaU. Co. i;. Swindon and Cheltenham RaU. Co. (1884), 9 App. Cas. 787 ; 52 L. J. Ch. 306 ; 47 L. T. 709 ; 31 W. R. 479 52 Green v. Hackney Corporation, [1910] 2 Ch. 106 ; 88 L. J. Ch. 16 ; 102 L. T. 722 ; 74 J. P. 278 84 Groves v. Lord Wimbome, [1898] 2 Q. B. 402 ; 67 L. J. Q. B. 862 ; 79 L. T. 284 ; 14 T. L. R. 493 ; 47 W. R. 87 . . . . 229 H. Hall v. Manchester Corporation (1915), 79 J. P. 385 ; 31 T. L. R. 416 ; [1915] W. N. 192 (H. L.) . . 55, 66, 146, 236, 237, 268 Hargroves, Aronson & Co. v. Hartopp, [1905] 1 K. B. 472 ; 74 I,. J. K. B. 233 ; 92 L. T. 414 ; 53 W. R. 262 ; 21 T. L. R. 226 . 229 TABLE OF OASES. xxxv PAGB Harrison v. Malet (1886), 3 T. L. R. 58 136 Hart V. Windsor (1843), 12 M. & W. 68 ; 13 L. J. Ex. 129 ; 8 Jur. 150 136 Harvey v. London County Council, Re, [1909] 1 Ch. 528 ; 78 L. J. Ch. 285 ; 100 L. T. 293 ; 73 J. P. 124 ; 25 T. L. R. 221 67, 157, 161 Henderson v. Munn (1888), 15 R. 859 230 Herbage Rents, Greenwich, Be, [1896] 2 Ch. 811 ; 65 L. J. Ch. 871 ; 76 L. T. 148 ; 45 W. R. 74 76 Higgins V. Mayor of Dublin (1891), 28 L. R. Jr. Q. B. 484 . . 53 Hill V. Midland Rail. Co. (1882), 21 Ch. D. 143 ; 51 L. J. Ch. 774 ; 47 L. T. 226 ; 30 W. R. 774 147 Hodgkinson v. Femie (1867), 3 C. B. (n.s.) 189 ; 27 L. J. C. P. 66 . 161 Hopkins v. Smethwiok Local Board (1890), 24 Q. B. D. 712 ; 64 J. P. 693; 69 L. J. Q. B. 250 ; 62L.T.783; 38W.R.499; 6T.L.R. 286 236 Huggett V. Miers, [1908] 2 K. B. 278 ; 77 L. J. K. B. 710 ; 99 L. T. 326 ; 24 T. L. R. 582 229 Hyde v. Bemers (1889), 53 J. P. 453 ; 5 T. L. R. 406 . . . 75 J. Jackson v. Knutsford Urban District Council, [1914] 2 Ch. 686; 84 L. J. Ch. 305 ; 79 J. P. 73 ; 111 L. T. 982 ; 58 Sol. Jo. 756 . 80, 83, 95 Johnston's Trustees v. Glasgow Corporation (1912), S. C. 300 ; 49 S. C. L. R. 261 237, 255 Jones, Ex parte (1880), 14 Ch. D. 624 ; 43 L. T. 84 . . 168, 173 Jones V. Mills (1861), 10 C. B. (n.s.) 788 ; 31 L. J. C. P. 66 ; 8 Jur. (N.s.)307 136,223 JonesD. WiUiams (1839), 11 A. &E. 175; 4P. &D. 217 . . 35 Jones V. Withers (1898), 74 L. T. 572 76 Jubb V. Hull Dock Co. (1846), 9 Q. B. 443 ; 16 L. J Q. B. 403 ; 11 Jur. 15 ; 3 Rail. C. 795 64 K. Kelland v. Fulfoni (1877), 6 Ch. D. 491 ; 47 L. J. Ch. 94 ; 25 W. R. 506 165, 166 Kennedy v. Bruce (1907), S. C. 475 229 Kent County CouncU and Dover Council, Ex parte, [1891] 1 Q. B. 725 ; 55 J. P. 248 ; 60 L. J. Q. B. 314 ; 60 L. T. 421 ; 7T. L. R. 250 174 Kirby v. Harrogate School Board, [1896] 1 Ch. 437 ; 65 L. J. Ch. 376 ; 74 L. T. 6 ; 60 J. P. 182 191 Kirkpatrick v MaxweUtown Burgh (1912), C. S. 288 ; 49 Sc. L. R. 261 66,236,255 Kruse v. Johnson, [1898] 2 Q. B. 91 ; 67 L. J. Q. B. 782 ; 78 L. T. 647 ; 62 J. P. 469 ; 14 T. L. R. 416 ; 46 W. R. 631 . . 260 Kyffin V. Simmons (1903), 67 J. P. 228 ; 1 L. J. R. 381 . . 122, 232 xxxvi TABLE OF CASES. L. PAGE Lancaster v. Burnley Corporation, [1915] 1 K. B. 259 ; 84 L. J. (k.b.) 181 ; 79 J. P. 123 ; 112 L. T. 159 ; 31 T. L. R. 13 ; 12 L. G. B. 1319 . . . . . . . . . 9,238,242,256 Lane v. Cox, [1897] 1 Q. B. 415 ; 76 L. T. 135 ; 66 L. J. Q. B. 193 ; 45W. B. 261 136 Langdon i;. Broadbent (1877), 42 J. P. 56 112 Larmouth and Lees, Ex parte (1894), 10 T. L. B. 225 . . • 175 Leeds Corporation v. Byder, [1907] A. C. 420 ; 76 L. J. K. B. 1032 ; 71 J. P. 484 ; 97 L. T. 261 ; 23 T. L. B. 721 . . . .54 Levick V. Epsom and Leatherhead Bail. Co. (1859), 1 L. T. (n.s.) 60 158 Local Government Board v. Arlidge, [1915] A. C. 120 ; 84 L. J. (K.s.) 72 ; 111 L. T. 905 ; 79 J. P. 97 ; 30 T. L. R. 672 ; 12 L. G. R. 1109 255,256 Logsden v. Booth, [1900] 1 Q. B. 401 ; 64 J. P. 165 ; 69 J. L. Q. B. 1 ; 81 L. T. 602 ; 48 W. B. 266 112 Logsden v. Trotter, [1900] 1 Q. B. 617 ; 64 J. P. 421 ; 69 L. J. Q. B. 312 ; 82 L. T. 151 ; 48 W. B. 365 112 London and South Western BaU. Co. v. Flower (1875), 1 C. P. D. 77 ; 45 L. J. Q. B. 54 ; 33 L. T. 687 229 London County Council v. Cook, [1906] 1 K. B. 278 ; 75 L. J. K. B. 187 ; 70 J. P. 105 ; 93 L. T. 836 ; 22 T. L. B. 125 . . . 251 London County Council v. Davis (1898), 62 J. P. 68 ; 77 L. T. 693 ; 14 T. L. B. 113 129 London County Council v. Hankins, [1914] 1 K. B. 490 ; 83 L. J. K. B. 460 ; 110 L. T. 389 ; 78 J. P. 137 ; 30 T. L. B. 192 ; 24 Cox C. C. 94 ; 12 L. G. B. 314 112 London County CouncU v. Herring, [1894] 2 Q. B. 522 ; 63 L. J. M. C. 230 ; 58 J. P. 721 ; 10 T. L. B. 509 66 Lucy V. Bawden, [1914] 2 K. B. 318 ; 83 L. J. K. B. 523 ; 110 L. T. 580 ; 30 T. L. B. 321 229 Ludlow (Mayor of) v. Prosser (1906), 70 J. P. 400 ; 22 T. L. R. 597 ; 4 L. G. B. 940 158 M. MoIlwaine v. Stewarts' Trustees, [1914] Ct. of Sess. Cas. 934 ; 51 So.L.R.831 229 Macknight's Trustee v. Edinburgh Corporation (1901), 3 F. 90 . 175 Maclean v. Currie (1884), Cab. & El. 361 136 Makin v. Watkinson (1870), L. B. 6 Ex. 25 ; 40 L. J. Ex. 33 ; 23 L. T. 592 ; 19 W. B. 286 229 Malone v. Laskey and another, [1907] 2 K. B. 141 ; 76 L. J. K. B. 1134 ; 97 L. T. 324 ; 23 T. L. R. 399 229 Manchester, Sheffield, and Lincolnshire Bail, Co. v. Bamsley Union (1892), 66 J. P. 149 ; 67 L. T. 119 129 Manning v. Simpson (1898), 62 J. P. 137 ; Times, February 24th, 1898 137 Marron v. Cootehill (No. 2) Bural District Council, [1915] A. C. 792 . 121 McKimmie's Trustees v. Armour (1899), 2 S. C. 196 .. . 229 TABLE OF CASES. xxxvii PAGE Merrick v. Corporation of Liverpool, [1910] 2 Ch. 449 ; 79 L. J Ch 751 ; 103 L. T. 399 ; 74 J. P. 445 ; 8 L. G. E. 966 . 64, 81, 88, 237 Metropolitan Board of Works v. Howard (1889), 5 T. L. R. 732 . 57 Metropolitan District Rail. Co. v. Sharpe (1880), L. R. 6 App. Cas 425 ; 50 L. J. Q. B. 14 ; 43 L. T. 617 ; 44 J. P. 716 ; 29 W. R. 617 49 Middleton and Wife v. Hall (1912), 108 L. T. 804 ; 77 J. P. 172 . 229 Miller v. Hancock, [1893] 2 Q. B. 177 ; 69 L. T. 214 ; 41 W. R. 578 ; 4R. 478 229 Se Montgomeiy, Jones & Co., and Liebenthal & Co., [1898] 1 Q. B. 487 ; 67 L. J. Q. B. 313 ; 75 L. T. 406 ; 46 W. R. 292 ; 14 T. L. R. 201 255 Morgan v. Kenyon (1913), 78 J. P. 66 ; 110 L. T. 197 ; 12 L. G. E. 140 242 Murrayfield Real Estates Co., Ltd. v. Edinburgh Magistrates (1912), a. of Sess. Cas. 217 ; 49 Sc. L. R. 148 258 N. Newman v. Sangar (1889), 63 J. P. 699 136 O. Omagh Urban District Council v. Henderson (1907), 2 Ir. R. 210 159, 162, 165, 168 Osborne v. Skinners Co. (1891), 60 L. J. M. C. 156 ; 39 W. R. 715 . 64 P. Palmer and Hosken, Be, [1898] 1 K. B. 131 ; 67 L. J. Q. B. 1 ; 77 L. T. 350 ; 46 W. R. 49 255 Palmer v. Metropolitan RaO. Co. (1862), 31 L. J. Q. B. 259 ; 10 'W. R. 714 168 70 J. P. 43 ; 75 Parker v. Talbot, [1905] 2 Ch. 643 ; 93 L. T. 522 L. J. Ch. 8 ; 54 W. R. 132 ; 22 T. L. R. 10 . . . . 112 Parkinson, Re (1898), 1 ]j. R. 390 159, 168 Payne V. Haine (1847), 16 M. & W. 641 224 Pertwee v. Townsend, [1896] 2 Q. B. 129 ; 65 L. J. Q. B. 659 ; 75 L. T. 104 76 Phillips and GUI, In re (1875), 1 Q. B. D. 78 ; 45 L. J. Q. B. 136 ; 24 W. R. 158 35 Pomeroy v. Malvern Urban District Council (1903), 67 J. P. 375 . 260 PoweU V. Thomdike and Others, 102 L. T. 600 ; (1910), 26 L. T. R. 399 229 Proudfoot V. Hart (1890), 25 Q. B. D. 42 ; 59 L. J. Q. B. 389 ; 63 L. T. 171 ; 38 W. R. 730 224, 227 R. R. V. De Eutzen and Vestry of Chelsea (1893), 9 T. L. R. 41 . . 242 R. V. Edwards (1884), 13 Q. B. D. 586 ; 61 L. T. 686 ; 53 L. J. M. C. 149"; 49 J. P. 117 85 xxxviii TABLE OF CASES. PAGE R. V. Hannay (1874), 44 L. J. M. C. 27 ; 31 L. T. 702 ; 23 W. R. 164 85 R. V. Hungeriord Market Co. (1832), 4 B. & Ad. 327 ; 1 N. & M. 112 50 R. (Kerry 0. C.) v. Leahy (1903), 2 Ir. R. 317 . . • . 160 R. V. Manley-Smith, Re Church and London School Board (1892), 56 L. T. 197 ; 56 J. P. 729 ; 40 W. R. 333 . . . • 43 R. (Crommelin) v. O'NeiU (1909), 2 Ir. R. 379 . . • . 160 R. V. St. Marylebone, Vestiy of (1887), 23 Q. B. D. 415 ; 52 J. P. 534 ; 67 L. J. M. C. 9 ; 68 L. T. 180 ; 36 W. R. 271 . . 64 R. V. Stewart, [1896] 1 Q. B. 200 ; 60 J. P. 356 ; 6^ L. J. 83 ; 79 L. T. 142 ; 14 T. L. R. 450 145 R. V. WaUasey Local Board (1869), L. R. 4 Q. B. 351 ; 38 L. J. Q. B. 217 ; 21 L. T. 90 ; 17 W. R. 766 57 Rayner v. Stepney Corporation, [1911] 2 Ch. 312 ; 80 L. J. Ch. 678 ; 105 L. T. 362 ; 76 J. P. 468 ; 27 T. L. R. 612 ; 10 L. G. R. 307 71 237 Ringer, Ex parte (1909), 73 J. P. 436 ; 26 T. L. R. 718 ; 7 L. G. R. ' 1041 34,277 Robbins v. Jones (1863), 16 C. B. (n.s.) 221 ; 33 L. J. C. P. 1 ; 9 L. T. (n.s.) 523 ; 12 W. R. 28 229 Robertson v. King (1901), 2 K. B. 265 ; 70 L. J. Q. B. 630 ; 65 J. P. 453 ; 84 L. T. 842 ; 49 W. R. 542 64 Robinson v. Currey (1881), 7 Q. B. D. 465 ; 50 L. J. Q. B. 661 ; 45 L. T. 368 ; 30 W. R. 39 ; 46 J. P. 148 73 RyaU V KidweU & Son, [1914] 3 K. B. 136 ; 83 L. J. K. B. 1140 ; 111 L. T. 240 ; 78 J. P. 377 ; 30 T. L. R. 603 ; 12 L. G. R. 997 . 229 Ryan, Be (1902), 3 N. I. J. R. 13 178 S. St. Lbonaed, Shoreditoh (Vestry of) v. London County Council, [1895] 2 Q. B. 104 ; 72 L. T. 802 ; 43 W. R. 698 ; 11 T. L. R. 420 48,116,260 Salisbury (Marquis of) v. Great Northern Rail. Co. (1858), 7 W. R. 76 ; 17 Q. B. 840 ; 21 L. J. Q. B. 185 ; 16 Jur. 740 . 60, 166 Salt V. Scott-Hale, [1903] 2 K. B. 246 ; 72 L. J. K. B. 627 ; 67 J. P. 306 ; 62 W. R. 95 ; 88 L. T. 868 ; 19 T. L. R. 518 ; 20 Cox. CO. 497 260 Sarson v. Roberts, [1895] 2 Q. B. 395 ; 14 R. 616 ; 65 L. J. Q. B. 37 : 73 L. T. 174 ; 43 W. R. 690 ; 59 J. P. 643 . . . 136 Sauer v. Bilton (1878), 7 Ch. D. 816 ; 38 L. T. 281 ; 47 L. J. Ch. 267 ■ 26 W. R. 394 224 Seaman v. Lee (1899), 63 J. P. 499 ; 68 L. J. Q. B. 693 ; 15 T. L R 292 .251 Shaw and Corporation of Birmingham, In re (1884), 27 Ch D 614 • 64 L. J. Ch. 61 ; 33 W. R. 74 ; 51 L. T. 684 . . .' 167 176 Shrewsbury v. Shrewsbury (1907), 23 T. L. R. 224 . . . . ' 255 Slight V. Portsmouth Corporation (1906), 70 J. P. 369 ; 95 L. T. 356 • 4L. G. R. 635 235,241 TABLE OP CASES. xxxix Smith V. Marrable (1843), 11 M. & W. 5 ; 2 D. N. & S. 810 ; Car. & M. 479 ; 12 L. J. Ex. 223 136 Somers Settled Estates, In re, Times, March 23rd, 1899 . . . 134 Spencer v. Metropolitan Board of Works (1882), 22 Ch. D. 142 ; 62 L. J. Ch. 249 ; 47 L. T. 459 ; 31 W. R. 347 . . . . 43 Stevenson, Ex parte. Be Housing of the Working Classes Act, 1890, [1892] 1 Q. B. 394, 609 ; 61 L. J. Q. B. 492 ; 66 L. T. 544 ; 40 W. R. 417 ; 56 J. P. 501 174 Strabane Rural District Council, Be, [1910] 1 Ir. R. 135 . . . 162 Stretton v. Great Western and Brentford Rail. Co. (1870), 5 Ch. App. 571 ; 40 L. J. Ch. 50 ; 23 L. T. 379 ; 18 W. R. 1078 . . 172 Sutton, Be, Lewis v. Sutton, [1901] 2 Ch. 640 ; 70 L. J. Ch. 747 ; 85 L. T. 411 ; 66 J. P. 39 ; 17 T. L. R. 703 ... 185, 215 Swainston v. Finn and Metropolitan Board of Works (1883), 48 L. T. 634 ; 52 L. J. Ch. 235 ; 31 W. R. 398 . . . . 31, 56 Tabernacle Permanent Building Society v. Knight, [1892] A. C. 298 ; 62 L. J. Q. B. 50 ; 67 L. T. 483 ; 56 J. P. 709 . . 158, 255 Taylor v. Oldham Corporation of (1876), 4 Ch. D. 395 ; 46 L. J. Ch. 105 ; 35 L. T. 696 ; 25 W. R. 178 64 Teuliere v. St. Maiy Abbotts, Kensington, Vestry of (1885), 28 Ch. D. 486 ; 50 L. J. Ch. 23 ; 53 L. T. 422 ; 50 J. P. 53 . . . 84 Thomas v. Barry Dock and Rail. Co. (1889), 5 T. L. R. 360 . . 165 Thomas v. Sutters, [1900] 1 Ch. 10 ; 69 L. J. Ch. 27 ; 48 W. R. 133 ; 81 L. T. 469 ; 16 T. L. R. 7 260 Thomas v. Sylvester (1873), L. R. 8 Q. B. 368 ; 42 L. J. Q. B. 237 ; 29 L. T. 290 ; 21 W. R. 912 75 Trusoott V. Diamond Rock Co. (1881), 20 Ch. D. 251 ; 61 L. J. Ch. 259 ; 46 L. T. 7 ; 30 W. R. 277 224 V. VAiB V. Southall-Norwood Urban District Council (1896), 60 J. P. 134 242 W. WALKERt;.Hobbs(1889),23Q.B.D.458; 54 J. P. 199; 59L.J.Q.B. 93 ; 61 L. T. 688 ; 38 W. R. 63 ; 5 T. L. R. 640 . . 136, 229 Walthamstow Urban District Council v. Henwood, [1897] 1 Ch. 41 ; 66 L. J. Ch. 31 ; 75 L. T. 375 ; 61 J. P. 23 ; 45 W. R. 124 . 32 Weatheritt v. Cantlay, [1901] 2 K. B. 285 ; 84 L. T. 768 ; 70 L. J. B. 799 ; 65 J. P. 644 ; 49 W. R. 568 121, 231 Webster v. Brown (1892), 19 R. 765 229 Wilkins v. Mayor of Bu-mingham (1883), 25 Ch. D. 78 ; 53 L. J. Ch. 93 ; 49 L. T. 468 ; 48 J. P. 231 ; 16 W. R. 537 . 49, 52, 53, 159, 160 xl TABLE OF CASES. PAGE Wikon V. Finoh-Hatton (1877), L. R. 2 Ex. D. 336 ; 46 L. J. Ex. 489 ; 36 L. T. 473 ; 25 W. R. 537 ; 41 J. P. 583 . . . 136 White V. St. Marylebone Borough CouncU, [1915] 3 K. B. 249; J. P. 350 ; 13 L. G. R. 977 208, 255, 258 Wolverhampton Corporation v. Emmens. [1901] 1 Q. B. 615 ; 70 L. J. K. B. 429 ; 49 W. R. 563 ; 84 L. T. 407 ; 17 T. L. R. 234 42 YoRKSHraB Insurance Co. v. Clayton (1881), 8 Q. B. D. 421 ; 51 L. J. Q. B. 82 ; 46 L. T. 697 ; 30 W. R. 176 . . . 224 PART I.— GENERAL SUMMARY OF THE LAW The Housing Acts rTHE expression " The Housing of the Working Classes Acts, -L 1890-1909 " means the Housing of the Working Classes Acts of 1890, 1894, 1900, and 1903, and Part I. of the Housing, Town Planning, &c. Act, 1909. The Act of 1890 is termed the principal Act, and the other statutes mainly consist of amend- ments of it. Another expression used is the " Housing Acts," and this is defined as meaning the Housing of the Working Classes Act, 1890, and any Act amending it. In order therefore to understand the law as to housing, it is the Act of 1890 that must be primarily studied. That Act was passed to consolidate and amend a somewhat confused mass of legislation consisting of some seventeen statutes, beginning with one of 1851, all passed with the object of providing and improving the dwelhngs of our artisans and labouring classes. For various reasons these statutes had failed to produce the result anticipated, and many of them had practically never been put into operation. Latterly their number and com- plexity had helped to bring about this failure, so that a con- solidating Act had become a necessity. When the Act of 1890 came to be enforced, it soon became apparent that its provisions required amendment. The Act applied to the whole of the United Kingdom ; but for some reason the amending Acts were for the most part confined to the separate countries. The result of this has been that Ireland has now a distinct series of Housing Acts of its own. England and Scotland were rapidly reaching the same condition, but this evil was largely remedied by the Act of 1909, which appHed A.H. B 2 PART .1.— GENERAL SUMMARY OF THE LAW the purely English Acts to Scotland. The result is that the Housing Acts are the same throughout Great Britain, except that in Scotland there is in addition a short amending Act of 1896. Of the amending Acts, that of 1909 is much the most important. It should be noticed, however, that Part I. thereof alone is to be deemed one of the Housing of the Working Classes Acts. Part II. relates to town plaiming, no doubt a cognate subject, but one which might well have been dealt with in a separate statute. Part III. confers new duties on county- councils, both in relation to housing and general sanitation ; while Part IV. is mainly composed of protective clauses appli- cable to both housing and town planning. In August, 1914, two Housing Acts were passed. One of these, the Housing Act, 1914, authorised the Local Government Board to make arrangements with authorised societies to provide dwelhng accommodation for persons employed by Government Departments on Government works where suffi- cient dwelling accommodation was not available. The Com- missioners of Works were also given power in certain cases to build dwellings for the same purposes. The other Act, called the Housing (No. 2) Act, 1914, was in some respects an emer- gency Act to meet unemployment during the war. It enabled the Board of Agriculture and Fisheries in rural districts and the Local Government Board elsewhere, during one year from the passing of the Act to acquire land and buildings for housing purposes, and to do all that was necessary for housing purposes in connection with such land and buildings, and it further authorised the same Departments to make arrangements for housing purposes with local authorities and authorised societies. The year has now elapsed but the latter power seems to be general, and not Umited to the land acquired by the Boards nor to one year. The sum of £4,000,000 was allocated for these purposes, but the Government decided that this money was only to be used for the joint purposes of providing and improving housing accommodation for the working classes and of preventing or mitigating unemployment in the building trades. Circumstances have so far been such that recourse IMPROVEMENT SCHEMES 3 to this fund has not been necessary. This Act was extended subsequently to Ireland by the Housing (No. 2) Amendment Act, 1914. None of these three Acts are defined as being included in the Housing of the Working Classes Acts. The Act of 1890 — the principal Act— is divided into seven parts. Of these, Parts I., II., and III. may be regarded as the operative parts. Part IV. is supplemental and contains provisions some of which are applicable to the three previous parts, while others are independent enactments. Parts V. and VI. apply the Act to Scotland and Ireland respectively, while Part VII. contains repeals and temporary provisions. The powers given by the Acts may be summarised generally as enabling local authorities to deal with — (1.) Large unhealthy areas or " slums," which can be made the subject of an improvement scheme. (2.) Small unhealthy areas, which can be made the subject of a reconstruction scheme. (3.) Houses unfit for human habitation, which can be closed until made fit, or if necessary demolished. (4.) Obstructive buildings causing other houses to be un- healthy, which may be demolished. (5.) The erection or provision of dwelHng-houses and lodging-houses for the working classes in districts where the same are required. Of these powers, the first one is dealt with in Part I. of the Act, the next three under Part II., while the provisions of Part III. relate to the fifth. A further power of dealing with houses unfit for human habitation is contained in sect. 15 of the Housing, Town Planning, &c. Act, 1909, which enables local authorities to require that the necessary works be done or the houses closed and demoHshed. Part I. — Unhealthy Areas and Improvement Schemes. Part I. of the principal Act deals exclusively with improve- ment schemes. It has been substantially amended by the Acts of 1903 and 1909. It applies to cities, towns, and urban districts, but not to rural districts, and outside of London the 4 PART 1. --GENERAL SUMMARY OF THE LAW powers under it can be exercised by the sanitary authorities —that is to say by the City, borough, or urban district councils. In the county of London the county council, and in the City the common council, are the respective local authorities to put it in force. The provisions of Part I. are intended to be set in operation by the medical officer of health of the local authority, who may make a written representation to the local authority that an area in his district is in such an insanitary state that the most satisfactory way of dealing with the evils is an improvement scheme for the reconstruction or rearrangement of the streets and houses in the area, or of some of them. In the county of London the representation may be made either by the county medical officer of health or by the medical officer of health for the borough in which the area is situated. It is intended that the representation should primarily be made by the medical officer of health on his own initiative, and as the result of his own inspection. But if two or more justices acting for the districts, or twelve or more ratepayers complain to him of the unhealthiness of an area, he must inspect it and make an official representation to the local authority as to whether it is in his opinion an unhealthy area or not. If he fails to inspect the area or reports that it is not unhealthy, then these ratepayers, or any twelve ratepayers, may appeal to the Local Government Board, and the Board may then order an inquiry by a medical practitioner, or by any officer of or employed by the Board, who may make a represen- tation to the Board that the area is unhealthy. This represen- tation may be sent on to the local authority, who must proceed to consider it. In this part of the Act the Local Government Board is frequently referred to as the confirming authority. When a representation has been made in either of the afore- said ways, the local authority must consider it, and if satisfied of the truth thereof and of the sufficiency of their resources, they must pass a resolution that the area is unhealthy, and that an improvement scheme ought to be made, and must forthwith proceed to have such a scheme prepared. If they resolve to the contrary they must send the representation IMPROVEMENT SCHEMES 5 and their reasons for not acting to the Local Government Board, who may direct a local inquiry and order the local authority to prepare a scheme under this part of the Act, or a reconstruction scheme under Part II., and to do all things necessary to carry the scheme into effect. If the local authority resolve, or are ordered to proceed, they must set about having a scheme prepared, with plans, particulars, and estimates. The scheme may include the whole or part of the area and any neighbouring lands necessary for making the scheme efficient. It may provide for widening existing approaches to the area, and for any other matter, including the closing and diversion of highways necessary to make the scheme efficient. It must provide for proper sanitary arrangement, and in certain cases it must make some provision for rehousing of the working classes displaced by the scheme. The lands proposed to be taken compulsorily must bo distinguished. ^ On the completion of the scheme, the fact of its completion must be advertised during three consecutive weeks in a local newspaper, and a place must be named therein where a copy of the scheme may be inspected. During the thirty days next following the date of the last publication of the advertisement, notices must be served on the owners, lessees, and occupiers of the lands proposed to be taken compulsorily informing them of the fact. Forms of such advertisements and notices have been prescribed by the Local Government Board (see Part 4, post). The next step is to petition the Local Government Board for an order confirming the scheme. Pull instructions as lo the form of petition and of the documents and evidence required to accompany it, are issued by the Board. A copy of these instructions will be found in Art. 4, post. If the Board think fit to proceed, they will then direct a local inquiry^ to be held in or near the area for the purpose of ascertaining the adequacy of the scheme, and persons interested will be allowed full opportunity of being heard. The Board, if satisfied, may thereafter make an order sanction- ing the scheme with or without modifications, and authorising 6 PART 1.— GENERAL SUMMARY OF THE LAW it to be carried into execution. This order will not require any further confirmation by Parliament, but will become effec- tive at once, except in a certain rare case, when it is proposed to take certain common land compulsorily (see Housing, Town Planning, &c. Act, 1909, s. 73). When the order has been made the authority must then take steps for purchasing the lands required for the scheme and otherwise for carrying the scheme into execution. If the authority fail to do so, the Local Government Board may compel them to proceed. If it appear advisable the Board may authorise a modification of the scheme in detail, and the abandonment of part may be allowed. ' Special provisions as to acquiring the land are contained in s. 20 and Sched. II. of the principal Act, while ss. 21 and 22 provide safeguards against the payment of excessive compensation for houses in the unhealthy area. Expenses and borrowing are dealt with in ss. 24 and 25. Part II. — Unhealthy Dwelling-Houses. Part II. of the principal Act has been substantially amended by the Housing, Town Planning, &c. Act, 1909, which sub- stitutes a new procedure in respect of closing and demolition orders, and also simplifies the procedure in respect of recon- struction schemes. This part applies to every district of the country, and the sanitary authorities for the various districts are " the local authorities " who are primarily responsible for its administration. In towns these wiU be the town councils ; in urban and rural districts, the district councils ; and in the metropolis, the borough councils. In the county of London and in rural districts the county council may exercise the powers as to unhealthy dwellings and obstructive buildings on default of the sanitary authority. (1.) Buildings unfit jor Human Habitation. Every local authority as above described is required to cause to be made from time to time inspection of their district with a view to ascertain whether any dwelling-house is in a UNHEALTHY HOUSES 7 state so dangerous or injurious to health as to be unfit for human habitation. The Local Government Board have made regulations (Part 4, -post) for the carrying out of these duties and for keeping records of such inspections and of the steps taken in consequence thereof. The inspections are to be carried out by the medical officer of health, or by an officer appointed by the council and acting under his direction and supervision. This officer should almost invariably be the Laspector of Nuisances, and the Board have intimated that they would be prepared to sanction a reasonable increase of his salary in respect of this work. The medical officer of health must also annually report to the Local Government Board on the number of such inspections, and as to the orders made in respect of houses found unfit. If it appears to the Board that the authority have failed to have the inspection made, the Board may make an order requiring the local authority to do so, and may enforce it by mandamus (ss. 11 and 17 of the Housing, Town Planning, &o. Act, 1909). The Board have also additional powers of acting, if complaint is made to them by certain bodies or by four inhabitant house- holders {ibid. s. 10). In this connection it should be remembered that the powers in the Housing Acts are merely supplementary to those in the Public Health Acts. Many of the evils coimected with houses can be remedied more speedily and economically by the use of the last-named Acts. In fact it would seem that if the powers in the Public Health Acts were strictly and continuously exercised there would be little occasion to resort to the more drastic powers contained in the Housing Acts, except perhaps in the case of houses which by age or their original faultiness of design are incapable of remedy. It should also be remem- bered that many owners if approached by the sanitary officials wiU carry out voluntarily the repairs and improvements required. It is the duty of the medical officer of health to represent to the local authority any dwelling-house which appears to him to be so unfit for human habitation, and certain underground sleeping places are to be deemed so unfit. If, upon such 8 PART 1.— GENERAL SUMMARY OF THE LAW representation, or upon like information from any other person, any dwelling-house appears to the local authority to be in such a state, they must make an order prohibiting the use of the house for human habitation until in their judgment it is rendered fit for habitation. This order is termed " a closing order," and the form of order to be used has been prescribed by the Local Government Board (see Part 4, post). There is no provision requiring that the owner shall be heard before the closing order is made or that he shall be told the nature of the complaints made in respect of his house. It is expected, however, that local authorities will act reasonably in such matters. The order must be served forthwith upon every owner of the house, and each owner has a right of appeal to the Local Government Board, but notice thereof must be given within fourteen days. Eules regulating such appeals have been made by the Board (see Part 4, post). The notice of appeal must be in writing and delivered to the Board, and at the same time a copy thereof must be sent to the local authority. If there is no appeal the order becomes operative at the end of the fourteen days ; but if there is an appeal, it becomes operative when the appeal is dismissed or abandoned. As soon as it becomes operative, notice of it must be served on all the occupying tenants, with a statement that they must leave within a specified time, not less than fourteen days from date of service of the notice. If any tenant disobeys this order he is liable on summar}' conviction to be ordered to quit the dwelling- house within a specified time. Ejectment proceedings under the County Court Acts or Small Tenements Kecovery Act, 1838, are also allowed. The local authority may determine the order if they are satisfied that the house has been made fit for human habitation. If they refuse, the owner may appeal to the Local Government Board. The procedure contained in s. 15 of the Housing, Town Planning, &c. Act, 1909 (see post, p. 18), may apparently be adopted instead of that mentioned above, and if the landlord agrees to close his house, a closing order is deemed to have become operative in respect of such house. OBSTRUCTIVE BUILDINGS 9 When a closing order has remained operative for three months, the local authority must take into consideration the demolition of the building. The owner is to be given an opportunity of putting it in order and of being heard upon the question of demolition. But if it is not being put in order, or if its continued existence is a nuisance or injurious to the health of the public, or of the inhabitants of the neighbouring dwelling-houses, the local authority must make a demoHtion order. This must be forthwith served on every owner of the building, and any one of them may appeal against it to the Local Government Board, by notice given within twenty-one days after such service. It has recently been decided that the Board can in the exercise of its powers quash or vary any such order which has been validly made {Lancaster v. Burnley Cor- poration, [1915] 1 K. B. 259). Three months after the order becomes operative the local authority may pull down the build- ing, if the owner has not done so. They may sell the materials to pay expenses, and the excess or deficiency of the amount received on the sale is to be paid to or recovered from the owner. Accord- ing to the report of the Local Government Board for 1914, the number of houses in respect of which demolition orders were made in 1913 in England and Wales amounted to 2266. (2.) Obstructive Buildings. Section 38 of the principal Act deals with the demolition of buildings, which, by reason of their proximity or contact with other buildings render these latter unfit for habitation or injurious to health ; or which prevent them from being put into a sanitary condition. The medical officer of health for the district should make a representation to his local authority, when he considers such a building should be pulled down. Four inhabitant householders, and in rural districts the parish council also, may make a representation to the like effect. On receipt of the representation, the local authority are required to have a report made to them respecting the circum- stances of the building, and the cost of pulling it down, and of acquiring the land. If on receipt of this report they resolve 10 PART 1.— GENERAL SUMMARY OF THE LAW to proceed, they must send to the owner a copy of the report and also of the representation, and the owner must be allowed an opportunity of being heard, and of stating his objections. If the local authority do not allow the objection, they must make an order that the building be pulled down. There is an appeal from this order to the Local Government Board in the same manner as from a demolition order. The local authority must then proceed to acquire the land and building, and the procedure is that of the Lands Clauses Acts, with modifications. These modifications are contained in s. 41. By that section the amount of the compensation is to be determined by an arbitrator appointed by the Local Govern- ment Board, and similar provisions against excessive com- pensation are enacted as in s. 21 of Part I. The owner may, however, within one month of the date of the notice to purchase, claim to retain the site, in which case the authority are required to pay compensation only for the pulling do(wn of the building. The authority, also, are not required to purchase the entire holding of the owner, if in the opinion of the arbitrator the part can be severed without material detriment to the remainder (s. 38 (7) ). In assessing the compensation to the owner the benefit caused to the other buildings of the same owner is to be taken into account (s. 41 (2) ). There is a further proviso in the nature of a betterment clause, by which the arbitrator may apportion the compensation among the other surrounding houses, to the extent to which they are increased in value by the demolition of the obstructive building, and the same may be recovered by the levy of a private improvement rate (s. 38 (8) and (9) ). If the owner keep the site, no building which may be obstructive can be erected, and if the local authority purchase it, they must keep as an open space sufiicient of it to remedy the evils caused by the obstructive building, and may sell the remainder with the assent of the Local Government Board. They may also, if they think fit, dedicate the land so acquired as a highway or other pubUc place (s. 38 (12) ). If a local authority fail to give effect to any order as respects an obstructive building, the Local Government Board have KECONSTRUCTION SCHEMES 11 power to require them to do so (s. 11 of Housing, Town Planning, &c. Act, 1909). (3.) Scheme for Reconstruction. Two classes of reconstruction schemes are contemplated : (1) The first case is where an order for demolition of a building has been made, and it is desirable that the authority should acquire the area of the dwelling-house of which such building forms part, either to make a highway or open space, to devote it to the erection of workmen's dwellings, or to exchange it for land more suitable for such dwellings ; (2) The second case is where an area is too small to be dealt with under Part I., but which by reason of the bad arrangement of the streets and houses, requires to be reconstructed. If the local authority are satisfied that a scheme is necessary for either of these, then they may pass a resolution to that effect, and direct a scheme to be prepared. The scheme may include neighbouring lands and may make provisions for the same matters as may be done in an improvement scheme under Part I., and provision may require to be made for dwellings for persons displaced in con- sequence of the scheme. After the preparation, notices of the scheme may be served on owners, lessees, and occupiers in the same way as is provided in Part I., but no advertisements appear to be required. After the notices the local authority petition the Local Government Board for an order sanctioning the scheme. Instructions_ in regard to such petitions have been issued by the Board (see Part 4, fost). This is followed by a local inquiry, and the sanctioning or otherwise of the scheme by the Board, with or without conditions or modifications. After the order sanptioning the scheme is obtained, , the local authority may purchase the area comprised in the scheme and no further confirmation of the order is required. The procedure to take land is that of the Lands Clauses Acts which may be incorporated, but the amount of compensation is settled by an arbitrator according to the principles contained in s. 41 of the principal Act akeady referred to in the case of 12 PART 1.— GENERAL SUMMARY OF THE LAW obstructive buildings. The area is also to be deemed free from easements, unless otherwise provided in the order, and the owner thereof is entitled to compensation for injury as vmder Part I. The amended provisions of Part I. as to carrying out the scheme and as to empowering the Local Government Board to enforce that duty are also applicable to schemes under this part of the Act. There is also power given to the Local Govern- ment Board to modify the scheme. There are special provisions in Part IV. as to whether a scheme in the county of London should be carried out under Part I. or Part II. If the scheme relates to not more than ten houses, it should be carried out under Part II. by the Borough Council (s. 72 of the principal Act). Other cases must be determined, to some extent, on the ground as to whether or not the scheme is for the benefit of London as a whole. In such case some, if not all, of the expense should be borne by the county council, and there are provisions in s. 73 of the principal Act to determine disputes as to this matter, while in s. 46 there are provisions enabling the county councils to contribute to schemes by borough councils and vice versa in s. 14of Actof 1903. In rural districts, as Part I. is not appUcable, schemes can only be carried out under Part II. In urban districts, where the authority is the same for both Parts I. and II., and where the expenses in either case will be borne by the same rate, it is not easy to say in any particular case whether the scheme should be carried out under Part I. or Part II. The procedure prehminary to having the value of the land assessed, and the conveyance after the assessment, could no doubt be carried out more cheaply under Part I., and under that part additions and improvements made by owners after the scheme has been advertised are not to be paid for; but on the other hand, additional advertisements are required. There are also provisions as to expenses and borrowing of a nature similar to those in Part I. LODGING-HOUSES 13 Part III. — Woeking Class Lodging-Housbs. Part III. of the principal Act is intended to facilitate the erection of workmen's houses in neighbourhoods where they are required, and it may also be used as a means of providing accommodation for workmen displaced by schemes under Parts I. and II. The powers given by it may also be used by local authorities to buy up insanitary property from time to time, and erect proper . working men's houses on the sites. The expression " lodging-house " used throughout this part is misleading, as it refers to, and ihcludes separate houses, con- taining one or several tenements, and also cottages, and again, the persons occupying the houses may be lodgers, or they may be tenants as distinct from lodgers (s. 53). This part has been very considerably amended by the Act of 1 909. This part had originally to be adopted, but it now takes effect without adoption in every district urban or rural or other place. The " local authorities " who are empowered and required to administer it are the sanitary authorities, that is the town or district council, but in the administrative county of London both the county council and the borough councils within their respective districts may exercise its powers ; the common council exercises the powers in the City of London. In certain cases the county council may be empowered to act in rural districts. Local authorities, including those in London, are empowered to purchase land for the purposes of this part of the principal Act, and the procedure to be adopted is that contained in ss. 175-8 of the Public Heath Act, 1875, with this exception, that so much of s. 176 as relates to compulsory purchase is no longer applicable as a new procedure has been provided by s. 2 and Schedule 1 of the Housing, Town Planning, &c. Act, 1909. If the land can be purchased by agreement the clauses of the Lands Clauses Acts incorporated in these sections will be applicable. The land to be purchased, except in the case of rural districts, may be within or without the area of the authority, and with the consent of the Local Government 14 PART 1.— GENERAL SUMMARY OF THE LAW Board the authority may acquire land not immediately required for the purposes of this part, but land belonging to local authorities, or which has been acquired for certain pubhc undertakings, or which formed part of any park, garden, or pleasure ground or is required for the amenity of a dwelling- house, cannot be acquired compulsorily for purposes of Part III. The local authority may also accept donations of land, and may appropriate to the purposes of this Act other land vested in them, subject to certain consents. If it is proposed to purchase the land compulsorUy, the local authority must submit to the Local Government Board an order (in the form prescribed), putting in force as regards the land specified in the order the provisions of the Lands Clauses Acts, with respect to the purchase and taking of lands otherwise than by agreement, which order the Board may confirm except in certain circumstances, and until confirmed it is inoperative. Before confirmation it must be pubMshed in a prescribed manner, and notice thereof must be given to the owners, lessees, and occupiers of the land proposed to be taken. If no one objects within a prescribed period, the Board may confirm the order. If a person interested in the land objects, then a local inquiry must be held, and all persons interested in the land and such other persons as the person holding the inquiry thinks fit, are to be allowed to appear and to be heard at such inquiry. They may appear in person or by their agents so long as such agents are not counsel, and they may call witnesses so long as these witnesses are not experts. The Board, however, may in some cases make an exception to this rule. Eegulations prescribing the forms, notices, &c., were issued by the Local Government Board in June, 1911 (see Part 4, post). If the land proposed to be taken, or part of it, is in London, or in a borough or urban district, the Board must appoint a person to hold the inquiry who is impartial, and who is not in the employment of any Government Department, and if the Board confirm the order otherwise than as such person reports, the order is to be provisional, and not to have effect unless confirmed by Parliament. In other cases the Board may PEOVIDING DWELLING-HOUSES 15 confirm the order with or without modification after considering the report of the person holding the inquiry. After the order is made the procedure to take the land and to assess the compensation is to be substantially that of the Lands Clauses Acts, except that all questions of disputed compensation are to be settled by an arbitrator, who is as far as possible to act on his own knowledge, and is not allowed, except with the permission of the Local Government Board, to hear counsel or expert Avitnesses. He is to determine the costs according to a scale made by the Board with the con- currence of the Lord Chancellor (see Part 4), and his own remuneration is also to be fixed by the Board. The local authority on the land acquired or appropriated by them may erect and maintain dwelling-houses, cottages, with gardens not exceeding an acre, and lodging-houses ; and with the consent of the Local Government Board they may either alone, or jointly with any other person, provide and maintain buildings for shops, recreation grounds, and other lands or buildings which will serve a beneficial purpose in connection with the dwelUngs. They may also on such land lay out and construct pubUc streets or roads, or contribute to the laying out and construction of streets or roads on the land by other persons. The authority may fit up and furnish the houses provided by them. The local authority are also given power, with the consent of the Local Government Board, or if a rural council with the consent of the county council, to lease any land acquired by them under Part III. for the purpose and with the condition that the lessee shall erect the houses and maintain them as such. Provisions must be inserted in the lease binding the lessee to do so and not to alter the buildings. The local authority may also purchase or lease houses for the working-classes already built or to be built. Trustees of lodging-houses provided by private subscriptions, may also sell or lease them or make over the management thereof to the local authority. The authority may also, subject to certain consents, sell or exchange the land vested in them for the purposes of this part. 16 PART 1— GENERAL SUMMARY OF THE LAW If the land is sold the money may be either apphed in the purchase of more suitable land or in payment off of borrowed monies. The general management and control of the lodging-houses estabhshed or acquired by a local authority under this part of this Act is vested in, and should be exercised by, the local authority except in the case where the land is leased. For the purposes of such management they may make both regula- tions and bye-laws. The latter will require confirmation and publication, and a copy or abstract must be put up and kept in every room in the lodging-houses. The regulations require no such formality, and the charges for the tenancy or occupancy may be fixed by regulations. It is only compulsory on the local authority to make bye-laws for such lodging-houses as are not used as separate dwellings, and a Hst of purposes for which such bye-laws should be made is contained in the Sixth Schedule to the principal Act. If after being estabhshed for seven years the lodging-houses turn out to unnecessary, or too expensive, the local authority after obtaining the necessary consent may sell them. The expenses of this part of the Act are to be met in towns and urban districts as general expenses under the Pubhc Health Acts. In rural districts as general expenses under these Acts, unless the Local Government Board on the apph- cation of the district council declare that they are to be defrayed as special expenses or as general expenses charged upon a particular contributory place (see s. 31 of Act of 1909). In the case of the London County Council and the Common Council of the City, the expenses are to be paid out of the Dwelling House Improvement Fund under Part I. of the Act, and in the metropolitan boroughs, the expenses will be defrayed as part of the ordinary expenses of the council and payable out of the general rate. These borough councils can borrow for the purposes of Part III. in the same manner as for Part II. ; the other authorities in London may borrow as provided in Part I. of this Act, and the urban authorities elsewhere in England and Wales may borrow in hke manner and subject to the Hke conditions as for the purpose of defraying PROVIDING DWELLING-HOUSES. 17 the above-mentioned general expenses. A rural district council may borrow in like manner and subject to the Uke conditions as for the purpose of defraying the general or special expenses referred to above. Fines under bye-laws are also to be paid to the credit of the funds out of which the expenses of this part of this Act are defrayed (s. 71). The Housing, Town Planning, &c. Act, 1909, contains various provisions for enforcing the execution of this part. Under s. 10 the Local Government Board are empowered upon certain complaints to hold an inquiry and to order the local authority to remedy the default, or they may direct the county council to do so, if that council is willing. By s. 12 the county council may also act in default of a rural district council upon certain complaints being made to the county council, and under s. 13 the Local Government Board may confer upon a county council as respects a rural district any powers of a local authority under this part of the principal Act, when it appears expedient that the county council should be the authority to exercise these powers. Powers are also given under this part to enable and encourage the erection of lodging-houses by public companies for their own workmen, or by societies or associations estab- lished for the purpose of improving the dwellings of the working classes. Trading and manufacturing companies or societies are given express power to erect such houses, notwithstanding any Act or Charter to the contrary, and the Public Works Loan Commissioners may advance money to them for the purpose, and also to associations formed for the purpose of providing dwelling-houses for the working classes. County Councils may also promote the formation and extension of co-operative societies for housing, and may, with the consent of the Local Government Board, lend or grant money to them. Houses established under this part must be open to the inspec- tion of the local authority at all times. Gas and water com- panies and corporations supplying gas and water are also given power to supply the same to lodging-houses, provided under this part of this Act, either without charge or on such favourable terms as they think fit. A.H. 18 PAET 1.— GENERAL SUMMARY OF THE LAW. Under the Housing (No. 2) Act, 1914, special arrangements for housing purposes may be made with any local authority or authorised society. Supplementary. There are various supplementary provisions both in the principal Act and in the Act of 1909. Section 74 of the principal Act, which has been amended by s. 7 of the Act of 1909, enables tenants for life and bodies corporate to sell land for housing the working classes, even although they might get a larger price for it for some other •purpose, and amends and extends the powers of the settled Land Acts. Section 75 of the principal Act provides that in letting for habitation by persons of the working classes a house or part of a house under certain rents, there shall be imphed a con- dition that the house is at the commencement of the holding in all respects reasonably fit for habitation. This provision not only enables the tenant to rescind the tenancy in the event of the house not being so fit, but it enables him to recover damages for breach of the condition. By s. 14 of the Act of 1909, the same provision is extended to houses let at a much higher rental when the contract of letting is made after the passing of that Act, but there is an exception of certain houses let on lease. Section 15 further provides that in regard to the like contracts of letting there shall be an implied under- taking that the house shall be kept during the holding by the landlord in all respects reasonably fit for human habitation. In addition to any remedy the tenant may have under this provision, there is power given to the sanitary authority to enforce it by requiring the landlord to execute the necessary works, and from this order he may appeal to the Local Govern- ment Board. If he neglects to do the work, and either does not appeal or the appeal is dismissed, the authority may do the work and recover the cost from him, or as another alternative he may intimate his intention of closing the house for human SUPPLEMENTAEY. 19 habitation. Jn that case it would appear that the authority could subsequently order its demoUtion. Section 16 of the same Act extends and amends the powers of making bye-laws contained in the Public Health Acts with respect to lodging-houses for the working classes ; s. 36 gives a more extended power of entry for the purposes of the Acts than has formerly existed ; and s. 89 of the principal Act pre- scribes a penalty for persons obstructing the execution of the Act. A useful provision exists in s. 38 of the Act of 1909, which enables local authorities to act jointly for purposes of the Housing Acts. Section 48 of the same Act prohibits the future erection of back-to-back houses, and s. 44 enables the Local Government Board to revoke bye-laws which unreason- ably impede the erection of working class dwellings in any neighbourhood. Section 45 prohibits the purchase for the purposes of the Housing Acts of any land which is the site of an ancient monument or other object of archaeological interest. PART 2.— STATUTES THE HOUSING OF THE WORKING CLASSES ACT, 1890 (53 & 54 Vict. Cap. 70). An Act to consolidate and amend the Acts relating to Artisans and Labourers Dwellings and the Housing of the Working Classes. [18th August 1890.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parhainent assembled, and by the authority of the same, as follows : — 1. Short title of Act. — This Act may be cited as the Housing of the Working Classes Act, 1890. As regards England, Wales and Scotland, this Act is amended by : The Housing of the Working Classes Act, 1894 (57 & 58 Vict. c. 78). The Housing of the Working Classes Act, 1900 (63 & 64 Vict. o. 59). The Housing of the Workmg Classes Act, 1903 (3 Edw. VII. c. 39). The Housing, Town Planning, &c. Act, 1909 (9 Edw. VII. c. 44), Parts I., III. and IV. Part I. of the last-mentioned Act is to be construed as one with the previous Acts, and that Part and those Acts may be cited together as the Housing of the Working Classes Acts, 1890 to 1909 (see Housing, Town Planning, &c. Act, 1909, s. 76). Throughout the amending Acts, the Act of 1890 is referred to as the principal Act, and that Act and any Act amending it are referred to in the Acts of 1903 and 1909 as the Housing Acts. (See s. 1 (2) and s. 51 respectively of these Acts. ) In addition to the above Acts, there is a short Act relating solely to Scotland, entitled " The Housiag of the Working Classes Act (1890) Amend- ment (Scotland) Act, 1896 (59 & 60 Vict. c. 31). ACT OF 1890— PART I., S. 2. 21 In 1914 three short Acts were passed giving certain Government Depart- ments powers in regard to the provision of houses : namely — The Housing Act, 1914 (4 & 5 Geo. V. c. 31). The Housing (No. 2) Act, 1914 (4 & 6 Geo. V. c. 52). The Housing (No. 2) Amendment Act, 1914 (4 & 5,Geo. V. c. 71). There is no provision including these Acts among the Housing of the Working Classes Acts, nor that they should be construed or cited together. As regards Ireland there have been a separate series of amending Acts, which may be cited as the Housing of the Working Classes (Ireland) Acts, 1890-1908. (See 8 Edw. VII. c. 61, s. 15.) The Housing (No. 2) Act, 1914, was extended to Ireland by the Housing (No. 2) Amendment Act, 1914. In this book it is intended to deal only with the law as regards England and Wales, and with that of Scotland incidentally. PAET I. This part of the Act consolidates and amends the Artisans and Labourers Dwellings Improvement Acts : 38 & 39 Vict. c. 36 ; 38 & 39 Vict. c. 49 ; 42 & 43 Vict. 0. 63 ; 43 Vict. c. 2 ; 45 & 46 Vict. o. 64, Part I., as amended by 48 & 49 Vict. o. 72. These were commonly known as Cross's Acts. This part has been amended by the Housing of the Working Classes Act, 1903 (3 Edw. VII. c. 39), and Parts I. and IV. of the Housing, Town Planning, &c. Act, 1909 (9 Edw. VII. c. 44). Unhealthy Areas. 2. Definitions. — In this part of this Act — • The expression " this part of this Act " includes any confirming Act, and The expression " the Acts relating to nuisances " means — as respects the county of London and city of Ijondon, the Nuisances Eemoval Acts as defined by the Sanitary Act, 1866, and any Act amending these Acts ; and as respects any urban sanitary district in England, the Public Health Acts ; . and in the case of any of the above-mentioned areas, includes any local Act which contains any provisions with respect to nuisances in that area. " This part of this Act." — By a confirming Act was meant an Act passed pursuant to s. 8 (6), post, p. 33, for the purpose of confirming a provisional order authorising an improvement scheme. By virtue of s. 5 (2) of the Housing of the Working Classes Act, 1903, as amended by the Housing, 22 PAET 2.— STATUTES. Town Planning, &o. Act, 1909, s. 24, the order of the Local Government Board sanctioning an improvement scheme now takes effect in practically every case without confirmation by Parliament, and the expression " this part of this Act ' ' will therefore include such an order. It will be evident on reading the sections that the expression " this part of this Act " is used both in its ordinary sense and in its extended sense. In the Clauses Consolidation Acts, which are incorporated with Part I. of this Act, the expression the special Act means " this part of this Act " in its extended sense. See ss. 20 (ii.) and 25, post, pp. 47 and 59. "Acts relating to Nuisances." — The Nuisances Bemoval Acts and Acts amending them were consolidated, amended, and repealed by the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76). That Act and the Acts amending it must, therefore, be read as substituted for those in the text {ibid, s. 142). The Public Health Acts as defined by the Short Titles Act, 1896 (59 & 60 Vict. c. 14), are fourteen in number, of which the principal is the Public Health Act, 1875 (38 & 39^ Vict. c. 55), and to these must be added the Public Health (Ports) Act, 1896 (59 & 60 Vict. c. 20), the Public Health Acts Amendment Act, 1907 (7 Edw. VII. c. 53), the Public Health Act, 1908 (3 Edw. VII. c. 6), and the Public Health (Prevention and Treatment of Disease) Act, 1913 (3 & 4 Geo. V. c. 23). It is doubtful if the Public Health Act, 1896 (59 & 60 Vict. c. 19) and the Public Health Act, 1904 (4 Edw. VII. c. 16), come within.the definition of the Public Health Acts. For further definitions of expressions used in this Act, see ss. 92 and 93 of this Act, post, p. 147. By s. 48 of the Housing, Town Planning, &o. Act, 1909, post, p. 261, the expression " street," unless the context otherwise requires, has the same meaning in Part I. as it has in Part II. of that Act, that is to say it includes " any court, alley, street, square, or row of houses." 3. Application of Part I. of Act. — This part of this Act shall not apply to rural sanitary districts. These are now called " rural districts." (Local Government Act, 1894 (56 & 57 Vict. c. 73, s. 21 (2).) Scheme hy Local Authority. 4. Local authority on ieing satisfied by official representation o/ the unhealthiness of district to make scheme for its improve- ment. — Where an ofScial representation as herein-after men- tioned is made to the local authority that within a certain area in the district of such authority either — (a.) any houses, courts, or alleys are unfit for human habita- tion, or (b.) the narrowness, closeness, and bad arrangement, or the bad condition of the streets and houses or groups of ACT OF 1890— PART I., S. 4. 23 houses within such area, or the want of Hght, air, ventilation, or proper conveniences, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings in the said area or of the neighbouring buildings ; and that the evils connected with such houses, courts or alleys, and the sanitary defects in such area cannot he effectually remedied, otherwise than hy an improvement scheme [that the most satis- factory method of dealing with the evils connected with such houses, courts or alleys, and the sanitary defects in such area is an improvement scheme] for the rearrangement and recon- struction of the streets and houses Avithin such area, or of some of such streets or houses, the local authority shall take such representation into their consideration, and if satisfied of the truth thereof, and of the sufficiency of their resources, shall pass a resolution to the effect that such area is an unhealthy area, and that an improvement scheme ought to be made in respect of such area, and after passing such resolution they shall forth- with proceed to make a scheme for the improvement of such area. Provided always, that any number of such areas may be included in one iniprovement scheme. "Local authority"; "District." — As to the meaning of these ex- pressions, see s. 92, post, p. 147, and Sched. I., post, p. 163. This part of the Act is not applicable to rural districts (s. 3, ante), but applies to London, and to boroughs and other urban districts. In London, the local authority for the county (exclusive of the city) is the London County Council, and for the city it is now the Common Council. In urban districts, which are boroughs, the local authority is the borough council, and in other urban districts it is the district council. If an unhealthy area, or scheme for improving such, extends or ought to extend into more than one district, provision for joint action of the local authorities of the districts is provided for in s. 38 of the Housing, Town Planning, &c. Act, 1909, yo^i, p. 253. The local authority may appoint a committee for any purposes of the Act, but such committee may not make rates or contract or borrow money. See s. 81 of this Act, post, p. 140. "An official representation." — This representation is made by a medical officer of health imder the next section, or, in case of his default, by a medical officer appointed under s. 16 by the Local Government Board, and transmitted by that Board to the local authority. 24 PART 2.— STATUTES. " The narrowness."— The corresponding clause of 38 & 39 Vict. c. 36, s. 3, commenced " or that diseases indicating a generally low condition of health amongst the population have been from time to time prevalent in a certain area within the jurisdiction of the local authority, and that such prevalence may reasonably be attributed to the closeness, narrow- ness," &c. As these words are omitted, other reasons may be sufficient than the prevalence of disease, but although not always requisite, yet it will be desirable to show how the conditions present have caused injury to health. This can be done by obtaining a list of the deaths of persons in the area and in the rest of the district (Births and Deaths Registration Act, 1874 (37 & 38 Vict. c. 88), s. 28), and, after proper correction, instituting com- parisons between the death rates, especially in regard to pulmonary and tubercular diseases and infectious diseases, like enteric fever, typhus fever, and diarrhoea. The infantile mortality should also be determined. Further information may also be obtained as to infectious diseases from the certifi- cates supplied under the Infectious Disease Notification Act, 1889 (52 & 53 Vict. c. 72), as extended by the Infectious Disease (Notification) Extension Act, 1899 (62 & 63 Vict. c. 8), and the Tuberculosis Orders. Evidence as to the prevalence of a generally low state of health may be obtained from the information recorded in connection with visiting carried out under the Notification of Births Act (7 Edw. VII. c. 40), 1907, and the Notification of Births (Extension) Act, 1916 (5 & 6 Geo. 5, c. 64), from the results of school inspection, and from the poor law medical oifioers (Local Government Board Orders, dated February 28th and June 14th, 1879). On the question of narrowness, want of air and light, &c., comparisons may be instituted between the conditions existing in the area and those required by the model bye-laws of the Local Government Board relating to new streets and buUdings (No. 4) and by the London Building Act (57 Vict. c. ccxiii.), and as to back to back houses; see Housing, Town Planning, &c. Act, 1909, s. 43, post, p. 257. The expression " street " includes any court, alley, street, square or row of houses. (Housing, Town Planning, &c. Act, 1909, s. 48.) " The evils, &C." — The words in brackets have been substituted for the words in italics, which were repealed by the Housing, Town Planning, &c. Act, 1909, s. 22, post. The effect of this amendment is to meet a case where it is contended that the evils could be effectually remedied in some other manner than by an improvement scheme, but the medical officer must be satisfied that such a scheme is the most satisfactory method, and the official representation should contain an allegation in the terms of this amendment. The expression " improvement scheme " is used here in contradistinction to a reconstruction scheme under Part II. of the Act. See s. 39, post, p. 85. " Shall take sueh representation."— This is imperative, but where the representation is made to the London County Council, and does not relate to more than ten houses, that council shall not take any proceedings on such representation, but refer it to the Metropolitan borough council of the district, being the local authority under Part II. of this Act, to be dealt with under that part (s. 72, post, p. 130). ACT OF 1890— PAKT I., S. 4. 25 " Shall pass a resolution." — This is also imperative, and the authority must proceed with the scheme provided they are satisfied (1) that the representation is true, and (2) that their resources are sufficient. If they fail to pass a resolution, or resolve not to proceed, they are required by s. 10, post, p. 36, to send a copy of the resolution, and their reasons for not acting upon it, to the Local Government Board, who may direct a local inquiry in respect of the correctness of the official representation. If after such inquiry the Board are satisfied that a scheme ought to have been made as to the whole or part of the area, they may order the authority to make such a scheme, or a reconstruction scheme under Part II., and to do aU things necessary to carry the same into execution, and such order the Board may enforce by mandamus. (Housing of the Working Classes Act, 1903, s. 4 (1) .) The Board may also fix a time within which an im- provement scheme shall be carried out in case of default on the part of the local authority. (Housing, Town Planning, &c. Act, 1909, s. 11, post.) The sufficiency of the authority's resources must depend on local considerations and the existing state of their indebtedness. As to expenses and borrowing under this part of this Act, see ss. 24 and 25, post, pp. 58 and 59. This section is, however, modffied in the case of the London County Council, who, instead of resolving that an improvement scheme ought to be made, may pass a resolution that the case is not of general import- ance to the county of London, and should be dealt with under Part II. See ss. 39 and 73 (1) (b), post, pp. 85 and 131, where the subsequent procediure is set out. It should be noted that a member of a local authority interested in any house, land, or building in the area, is disqualified from voting, and by so doing becomes liable to a heavy penalty (s. 88, post, p. 144). If the scheme relates to land within half a mile of a royal park or palace, or two miles of Windsor Parks or Castle, the local authority before preparing the scheme must commxmieate with the Commissioners of Works, and take into consideration any recommendations they may make. (Housing, Town Planning, &c. Act, 1909, s. 74, and Eegulation made thereunder, by Local Government Board on September 2, 1910. See Part 4,yosJ.) "Any number of such areas." — In making a representation under Part I., and in formiag a scheme, it is sometimes difficult to decide whether a large area should be dealt with by one or more schemes. It is probably best to include the whole area in one scheme, as although the opposition may be greater, yet the total cost will not be so great as if there were several smaller schemes. It is not necessary, and would be inadvisable to clear the whole of a large area at once, nor does the Act require that the local authority should submit a plan for dealing with the ground at the local inquiry, or before confirmation of the order. Local authorities must be guided as to the number of people they may safely displace at one time by the accommodation already existing in the neighbourhood, and by the facilities they possess of erecting new dwellings, and by the requirements in the Schedule to the Housing of the Working Classes Act, 1903, post. If several areas are included in one scheme, the whole will probably be regarded for the purposes of the Lands Clauses Acts as one under- taking, but in a case under the Public Health Act, 1875 (38 & 39 Vict. 20 PAET 2.— STATUTES. c. 55), where several schemes were included in one provisional order, it was held that they were separate undertakings. (Governor of Poor oj Bristol Y. Mayor of Bristol (1887), 18 Q. B. D. 549.) But the point is not now so material by reason of the exemption of housing schemes trom the operation of s. 133 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 14). See Housmg, Town Planning, &c. Act, 1909, s. 34 and note thereto, post, p. 250. 5. Official representation, ly whom to he made.—{l.) An official representation for the purposes of this part of this Act shall mean a representation made to the local authority by the medical officer of health of that authority, and in London made either by such officer or by any medical officer of health in London. (2.) A medical officer of health shall make such representa- tion whenever he sees cause to make the same ; and if two or more justices of the peace acting within the distri(Jt for which he acts as medical officer of health, or twelve or more persons liable to be rated to the local rate complain to him of the un- healthiness of any area within such district, it shall be the duty of the medical officer of health forthwith to inspect such area and to make an official representation stating the facts of the case, and whether in his opinion the said area or any part thereof is an unhealthy area or is not an unhealthy area. "An official representation." — This refers to the representation men- tioned in the last section, and also includes a representation of the oificer of the confirming authority imder s. 16, post, p. 45. Section 79 (2), post, p. 138, provides that every representation by a medical officer of health must be in writing. There is no provision as to what the representa- tion ought to contain, and it would be a sufficient compliance with the Act if it merely followed the words of s. 4 ; but it is evident that the medical officer of health should furnish the local authority with sufficient facts to enable the members properly to consider the representation, and to satisfy themselves as to its truth. See note, " The narrowness," to last section. "Any medical officer." — This has reference primarily to medical officers of health appointed by the London County Council (as to which see s. 76, post, p. 137), as well as to medical officers of the metropolitan boroughs ; but it would evidently enable a medical officer of health of a ntetropolitan borough to make a representation in respect of an area partly within and partly outside his district. As to appointing deputy medical officers of health, and their powers, see ss. 26 and 79, post, pp. 62 and 138. A medical officer of health to a borough council is ACT OP 1890— PART I., S. 6. 27 apparently entitled to make this representation direct to the county council ; but it is usual to consult his own council before doing so. "Local rate." — As to what is the local rate, see s. 92 and Sched. I., post, pp. 147, 153. " Forthwith to Inspect." — The medical officer must do this, even if he have recently examined the area and formed an opinion. If he neglect to do so, or if he makes a representation that the area is not unhealthy, the twelve or more ratepayers, or any twelve ratepayers, may appeal to the confirming authority (s. 16 (1), post, p. 45, as amended by the Housing of the Working Classes Act, 1903, s. 4 (2), post), but there is no similar provision where two or more justices make the complaint. The confirming authority on such appeal must appoint a medical practitioner or officer to inspect the area and report, and the local authority are required to proceed on his representation. "The lacts of the case." — In this case the medical officer is required by the Act to state the facts of the case. See note to s. 4, '" The narrow- ness," &c., ante, p. 24. 6. Bequisites of improvement scheme of local authority. — (1.) The improvement scheme of a local authority shall be accompanied by maps, particulars, and estimates and (a.) may exclude any part of the area in respect of which an official representation is made, or include any neighbouring lands, if the local authority are of opinion that such exclusion is expedient or inclusion is necessary for making their scheme efficient for sanitary purposes ; and (b.) may provide for widening any existing approaches to the unhealthy area or otherwise for opening out the same for the purposes of ventilation or health ; and (c.) shall provide such dwelling accommodation, if any, for the working classes displaced by the scheme as is required to comply with this Act ; and (d.) shall provide for proper sanitary arrangements ; [and (e.) may provide for any other matter (including the closing and diversion of highways), for which it seems ex- pedient to make a provision with a view to the improvement of an area or the general efficiency of the scheme.] (2.) The scheme shall distinguish the lands proposed to be taken compulsorily. 28 PART 2.— STATUTES. (3.) The scheme may also provide for the scheme or any part thereof being carried out and effected by the person entitled to the first estate of freehold in any property comprised in the scheme or with the concurrence of such person, under the superintendence and control of the local authority, and upon such terms and conditions to be embodied in the scheme as may be agreed upon between the local authority and such person. Amendments to Section. — The words "for sanitary purposes," in para- graph (a) of sub-s. (1), were repealed by the Housing, Town Planning, &c. Act, 1909, ss. 23 and 75 and Sched. VI., post, pp. 244, 275 and 285, and the paragraph in brackets has by s. 23 ( 1 ) of the same Act, been inserted at the end of sub-s. (1) of this section. Clauses may also be inserted in the scheme for the protection of the owners of rights in respect of pipes, sewers, or drains, or of easements which would be extinguished by virtue of s. 22, posi, p. 55, but only with the consent of such owners. (Housing, Town Planning, &c. Act, 1909, s. 27, post, p. 246.) Sub-sect. (1). "Maps, pakticulars, and estimates." — For maps, particulars, and estimates required by the Local Government Board, see the instructions published by that Board, and printed in Part 4, post, (See also s. 8 (2), post, p. 32.) " Neighbotjbing lands." — Lands which do not form part of the area represented as unhealthy, may be included in a scheme, if their inclusion is necessary to make the scheme efficient. They may be taken compulsorily if included among the lands proposed to be taken compulsorily. In the scheme and plans, the lands to be taken compulsorily must be distinguished ; but the lands to be taken as " neighbouring lands " ought also to be distinguished from those to be taken as forming part of the unhealthy area, as the compensation to be paid for the taking of neighbouring lands is assessed upon much more generous principles than in the case of the lands in the unhealthy area. (See s. 21, post, p. 50, and note thereto.) Very considerable care must also be exercised in determining which houses and buildings are to be included in the unhealthy area, and which as neighbour- ing lands, for much of the opposition to schemes is caused by landowners who consider that their own particular houses are, in the matter of healthi- ness, above reproach ; and who are in consequence inclined to oppose any scheme which treats their property as unhealthy, and a wrong inclusion may entail the local authority in very considerable expense. There are special restrictions against taking land which forms part of a common, open space or allotment, see s. 73 of the Housing, Town Planning, &c. Act, 1909, post. Sect. 45 of the same Act also saves sites of ancient monuments from compulsory purchase. "Working classes displaced." — As to the provision of such accommo- dation see s. 11 of this Act, post, p. 37, and s. 3 of the Housing of the Working Classes Act, 1903, post, p. 195. ACT OF 1890— PART I., S. 7. 29 Sub-sect. (2). "Lands proposed to be taken compulsoeily." — This provision contemplates two classes of cases, (1) where owners may be willing to seU part of the area by agreement and with whom provisional agreements may have been made, and (2) oases where the owners may object and com- pulsory powers of taking are considered necessary. Sub-sect. (3). " The first estate of freehold." — This expression is meant to exclude leaseholders and copyholders, but would include a free- holder who had leased the land. It seems to refer to a tenant for life as opposed to the remainderman, or to a tenant in tail as opposed to the person entitled to the fee on reversion. For an example of such an agreement, see London (Churchway, St. Pancras) Provisional Order Confirmation Act, 1897 (60 Vict. c. ii.). Bys. 12(6), ^o«<, p. 41, the authority have powerto contract with the person entitled to the first estate of freehold for the carrying out of the scheme or part of it by him, and it would appear that they have this power independently of the provision referred to in this section. The provision as to the superintendence and control of the authority applies to both alternatives mentioned, namely, whether the freeholder is to carry out the scheme, or whether it is to be carried out with his concurrence. Confirmation of Scheme. 7. Publication of notices. — Upon the completion of an im- provement scheme the local authority shall — (a.) publish, during three consecutive weeks in the month of September, or October, or November, in some one and the same newspaper circulating within the district of. the local authority, an advertisement stating the fact of a scheme having been made, the limits of the area comprised therein, and naming a place within such area or in the vicinity thereof where a copy of the scheme may be seen at all reasonable hours ; and (b.) during the month next following the month in which such advertisement is published [during the thirty days next following the date of the last publication of the adver- tisement] serve a notice on every owner or reputed owner, lessee or reputed lessee, and occupier of any lands proposed to be taken compulsorily, so far a"s such persons can reasonably be ascertained, stating that such lands are proposed to be taken compulsorily for the purpose of an improvement scheme, and in the case of any owner or reputed owner, lessee or reputed lessee, requiring an answer stating whether 30 PAET 2.— STATUTES. the person so served dissents or not in respect of taking such lands ; (c.) such notice shall be served — (i.) by delivery of the same personally to the person required to be served, or if such person is absent abroad, or cannot be found, to his agent, or if no agent can be found, then by leaving the same on the premises ; or (ii.) by leaving the same at the usual or last known place of abode of such person as aforesaid ; or, (iii.) by post addressed to the usual or last known place of abode of such person, (d.) One notice addressed to the occupier or occupiers without naming him or them, and left at any house, shall be deemed to be a notice served on the occupier or on all the occupiers of any such house. Amendments. — In clause (a) the words in italics have been repealed, and in clause (6) the words in brackets have been substituted for the words in italics, which have been repealed. (Housing, of the Working Classes Act 1903, s. 5 (1) post, p. 197.) Advertisements and notices. — Bys. 41 (l)of the Housing, Town Planning &c. Act, 1909, the Local Government Board may by order prescribe the form of notice and advertisement, and the forms so prescribed, or forms, as near hereto as circumstances admit, must be used in all cases to which these forms are applicable. This provision takes the place of s. 27 of this Act which is repealed. These have been prescribed by the Local Govern- ment Board, and will be found in Part 4, post. These notices must be signed by the clerk to the local authority or by his lawful deputy (s. 86 (2), post, p. 144). The Local Government Board may dispense with the publica- tion of advertisements or the service of notices, if they are satisfied that there is reasonable cause for so doing. Such dispensation may be given before or after the time when the advertisement should be given or the notice served, and either unconditionally or upon such conditions as to publication of other advertisements and the service of other notices or otherwise as the Board think fit, but due care must be taken to prevent the interests of any person being prejudiced by the dispensation. (Housing, Town Planning, &c. Act, 1909, s. 41 (2) and (3) post.) In dispensing with the publication of the advertisements the effect such dispensation may have on the compensation payable must not be overlooked. See note infra, on effect of advertisement. " Requiring an answer."— It is not necessary to require persons who arc merely occupiers to answer. An early date should be fixed within ACT OF 1890— PART I., S. 7. 31 which the answer is required. A statement as to the owners and lessees who have dissented must accompany the petition (s. 8 (2) ). Although the local authority must require an answer from the owners, there does not appear to be any provision which requires the owners to give an answer, and an owner who does not do so will apparently be in no worse position for not doing so. The provision is apparently intended to give the owners an early opportunity of expressing dissent. "Owners." — The notices must be served on the owners, &c., during the thirty days following the date of the last publication of the advertise- ment. There is no definition of owner in this part of the Act. The provisions as to such notices are similar in their nature to those that are required by the standing orders of the Houses of Parliament relative to private biUs, but no definition is given in these either ; but doubtless the intention is to give notice to such persons as wotild have had a locus standi to oppose the confirmation of the scheme before a parliamentary committee. The section provides that it is only on owners whose land is proposed to be taken compulsorily that the notices must be served. It would appear that owners of easements over the lands to be taken are not owners of land to be taken, although by the definition in s. 93 the expression " land " may include any right over land (see Swainston v. Finn and Metropolitan Board of Works (1883), 48 L. T. (n.s.) 634, and Badham v. Marris (1882), 45 L. T. (n.s.) 579, cases under the Artisans and Labourers Dwellings Act, 1875). The case of Duke of Bedford v. Dawson (1875), L. R. 20 Eq. 353, under s. 18 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), is based on the same principle. It would follow therefore that notices need not be served on such owners. Effect of advertisements and notices. — One effect of the publication of the advertisement is that in assessing the compensation any addition to, or improvement of the premises, except for repair, made after the date of the publication shall not be taken into account, and in the case of any interest acquired after the said date no separate estimate of the value thereof may be made so as to increase the amount of compensation to be paid (s. 21 (1) (b), post, p. 51, and note). Under s. 176 of the Public Health Act, 1875 (38 & 39 Vict. o. 55), similar notices and advertisements must be served and published, and under that Act it was held that the service of such a notice creates no legal relationship between the parties, and that the authority is not bound after such service to take the land, although the provisional order may be confirmed. [Burges v. Bristol Sanitary Authoriti/ (1886), 50 J. P. 455.) If the order is made and includes any particular house or land, on the owner of which a notice has been served under this Act, it would appear that the authority would be bound to take the house under s. 12 (1), but in the event of the scheme being amended under s. 15 so as to exclude such house, it is not clear what remedy an owner would have for having his land hampered and fettered by the effect of this scheme. (Cf Birch V. Vestry of St. Marylebone (1869), 20 L. T. (n.s.) 697.) The service of this notice does not affect the right of an owner as against adjoin- ing owners who may injure his easements. (Dye v. Paiman (1898), 62 J. P. 135.) 32 PART 2— STATUTES. Service of notices.— The confirming authority will require evidence of the service of these notices and of the manner in which they have been served (s. 8 (2), post, and compare instructions of the Local Government Board, Part 4, post). Service by post shall be deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and, imless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. (Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 26.) An affidavit of service by post is in- sufficient if it does not state that the letter was prepaid. (Walthamstow Urban District Council v. Henwood, (1897) 1 Oh. 41.) If the letter is addressed to the last known place of abode, it would appear to be immaterial that the owner is known to have left. {Cf. Be Follicle (1907), 97L. T. 645.) 8. Making and confirmation of provisional order. — (1.) Upon compliance with the foregoing provisions with respect to the pubhcation of an advertisement and the service of notices, the local authority shall present a petition ij it relates to any fart of the county or city of London, to a Secretary of State, and if it relates to any other place, to the Local Government Board, praying that an order may be made confirming such scheme. (2.) The petition shall be accompanied by a copy of the scheme, and shall state the names of the owners or reputed owners, lessees or reputed lessees, who have dissented in respect of the taking their lands, and shall be supported by such evidence as the Secretary of State or Local Government Board, according to the circumstances of the case (in this part of this Act referred to as the confirming authority), may from time to time require. (3.) If, on consideration of the petition and on proof of the publication of the proper advertisements and the service of the proper notices, the confirming authority think fit to proceed with the case, they shall direct a local inquiry to be held in, or in the vicinity of, the area comprised in the scheme, for the purpose of ascertaining the correctness of the official repre- sentation made as to the area and the sufficiency of the scheme provided for its improvement, and any local objections to be made to such scheme. (4.) After receiving the report made upon such inquiry, the confirming authority may make a provisional order declaring ACT OF 3890— PAET I., S. 8. 33 the limits of the area comprised in the scheme and authorising such scheme to be carried into execution. (5.) Such provisional order may be made either absolutely or with such conditions and modifications of the scheme as the confirming authority may think fit, so that no addition be made to the lands proposed in the scheme to be taken compulsorily, and it shall be the duty of the local authority to serve a copy of any provisional order so made in the manner and upon the persons in which and upon whom notices in respect of lands proposed to be taken compulsorily are required by this part of this Act to be served (a), except tenants for a month, or a less period than a month. (6.) A 'provisional order made in pursuance of this section shall not he of any validity unless and until it has been confirmed hy Act of Parliament : and it shall be lawful for ike confirming authority, as soon as conveniently may be, to obtain such confirma- tion, and any Act confirming any provisional order made in pursuance of this part of this Act, with such modifications as may seem fit to Parliament, shall be a public General Act of Parliament, and is in this part of this Act referred to as the con- firming Act. (7.) The cpnfirming authority may make such order as they think fit in favour of any person whose lands were pro- posed by the scheme to be taken compulsorily for the allowance of the reasonable costs, charges, and expenses properly incurred by him in opposing such scheme. (8.) All costs, charges, and expenses incurred by the con- firming authority in relation to any provisional order under this part of this Act shall, to such amount as the confirming authority think proper to direct, and all costs, charges, and expenses of any person to such amount as may be allowed to him by the confirming authority in pursuance of the aforesaid power, shall be deemed to be an expense incurred by the local authority under this part of this Act (&), and shall be paid to the confirming authority and to such person respectively, in such manner and at such times and either in one sum or by instalments as the confirming authority may order, with power (a) Section 7 (b). (6) See ss. 24 and 25, 'post, pp. 58-9. A.H. D 34 PAET 2.— STATUTES. for the confirming authority to direct interest to be paid at such rate not exceeding five pounds in the hundred by the year as the confirming authority may determine, upon any sum for the time being due in respect of such costs, charges, and ex- penses as aforesaid. (9.) Any order made by the confirming authority in pur- suance of this section may be made a rule of a superior court, and be enforced accordingly. Sub-sect. (1). — The petition should be under the seal of the local authority, should be on foolscap paper, as should the other documents, and should be printed or lithographed if doing so wiU not involve additional expense. (See Instructions of Local Government Board, Part 4, pOst.) As to dispensing with notices and advertisements, see note, ante, p. 30, and Housing, Town Planning, &c. Act, 1909, s. 41 (2) and (3), post. Sub-sects. (1) and (2). CoNFnuaiNG AuTHOniTY.^The words in italics were repealed by the Statute Law Revision Act, 1908 (8 Edw. VIL c. 49) as unnecessary because of the transfer of the powers of a Secretary of State to the Local Government Board under the Housing of the Working Classes Act, 1903, s. 2. (See post, p. 192, and note thereto.) The confirming authority for aU England and Wales is now the Local Government Board. In Scotland such authority is the Local Government Board for Scotland. (See Housing, Town Planning, &c. Act, 1909, s. 53, post, p. 263.) Sub-sect. (3). Local Inqtjiky. — Sects. 17-19 of the principal Act have been repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI., and these local inquiries are now governed by s. 85 of this Act, post, p. 142, as amended by that Act. As to costs see s. 85 and sub-s. (8) of this section. Sub-sect. (4). " Provisional Obdek." — This order of the Local Govern- ment Board will in practically every case cease to be provisional and take effect without confirmation of Parliament, and have the same effect as if so confirmed. (Housing of the Working Classes Act, 1903, s. 5, post, p. 197, as amended by the Housing, -Town Planning, &c. Act, 1909, ss. 24 and 75 and Sched. VI., post, pp. 245, 275, 285.) An order of such a kuid cannot be reviewed by the High Court. {Ex parte Ringer (1909), 73 J. P. 436. A case under the Small Holdings and Allotments Act,- 1908 (8 Edw. VII. c. 36).) The exceptional case when the Order wiU still be provisional is contained in s. 73 of the Housing, Town Planning, &c. Act, 1909, post, p. 273, and arises when the scheme proposes to take land form- ing part of a common, open space or allotment, and there is no provision for giving land in exchange, a case not likely to arise. Sub-sect. (5). " Conditions AND MODiriOATioNS or scheme." These generally relate to the accommodation of the members of the working classes displaced, and to the exclusion or inclusion of certain lands as unhealthy or as neighbouring lands. It should be noticed that it is only ACT OF 1890— PART I., S. 9. 35 the scheme that the confirming authority can modify, and that there is no power to confer special rights for the protection of individual ovraers, as is not unfrequently done in local Acts of Parliament. Such provisions were occasionally added by Parliament in the Confirmation Act. (See, for example, London (Clare Market, Strand), Provisional Order Confirma- tion Act, 1897 (60 & 61 Vict. c. lix.).) But s. 27 of the Housing, Town Planning, &c. Act, 1909, post, gives the confirming authority certain powers of modif3ring s. 22 of the principal Act in regard to gas and water pipes, drains, sewers, &c., which may meet some of the difficulties which may arise. The confirming authority has likewise no power to modify the Lands Clauses Acts or to exclude any section, nor can any betterment clauses be added. As to modifying the scheme subsequently, see s. 15, post, p. 44, and s. 25 of the Housing, Town Planning, &c. Act, 1909, post, p. 245. Sub-sect. (6). — This section has been repealed as unnecessary by the Housing, Town Planning, &c. Act, 1909. (See note to sub-s. 4 of this section, supra.) It may be doubted whether or not it is unnecessary in the case of commons referred to in that note. Sub-sects. (7) and (8). " Costs oi' opposing scheme." — These, pre- sumably, mean the costs incurred by a landowner in opposing a scheme at the local inquiry referred to in sub-s. (3). From sub-s. (8) it would appear that the confirming authority may fix the amount ; but as the order may be made a rule of court, the costs, if no such amount is fixed, might be taxed in the usual way. As to costs of the local inquiry, see s. 85, post, p. 142. Sub-sect. (9). "A eulb of a supebiok couet." — By a superior court is meant, in England, the Supreme Court (s. 93, post, p. 147). When once the order is made a rule of court, it may be enforced as a judgment, as provided by 1 & 2 Vict. c. 110, s. 18. It must first, however, be made an order of court, and the procedure is not quite so clear. When submissions were made rules of court as a matter of course, the procedure was for the bill to be drawn up in the proper office upon the signature of counsel. (See Chitty's " Archbold's Practice of the Queen's Bench Division," 14th ed., p. 139.) If both parties agree, this procedure would probably be applicable to make this order a rule of court, but the signature of counsel is apparently not necessary. If the parties do not agree, it would appear that the proper procedure would be to move before the Divisional Court for a rule nisi to show cause why the local authority should not pay the amount [Jmes v. Williams (1839), 11 A. & E. 175). Order LIL, rr. 2 and 3, of the Rules of the Supreme Court, which abolishes motions for rules nisi, does not appear to extend to a proceeding of this kind. (See Re Phillips and QUI (1875). 1 Q. B. D. 78.) Probably a mandamus to compel the local authority to levy a rate and pay the amount wiU be found to be the most effectual remedy. 9. Costs to he awarded in certain cases. This section has been repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI. It enabled a Committee of Parliament, to whom 36 PAET 2.— STATUTES. a confirming bill was referred, to award costs in certain cases, but as such confirming Acts will practically cease (see note to sub-s. (4) of sect. 8, supra), this provision has been treated as unnecessary. 10. Inquiry on refusal of local authority to make an improve- ment scheme. — Where an official representation is made to the local authority with a view to their passing a resolution in favour of an improvement scheme, and they fail to pass any resolution in relation to such representation, or pass a resolu- tion to the effect that they will not proceed with such scheme, the local authority shall, as soon as possible, send a copy of the official representation, accompanied by their reasons for not acting upon it, to the confirming authority, and, upon the receipt thereof, the confirming authority may direct a local inquiry to be held, and a report to be made to them with respect to the correctness of the official representation made to the local authority, and any matters connected therewith on which the confirming authority may desire to be informed. This section is supplementary to s. 4, ante, p. 22. It deals with the case where the local authority refuses to proceed upon the representation of the medical officer of health, and although it enabled the confirming authority to hold a local inquiry, it gave that authority no power to take any further steps even if they were satisfied that the official representation made to the local authority was correct. Sect. 4 (1) of the Housing of the Working Classes Act, 1903, post, p. 196, in consequence provided as follows : — • 4. — "(1) If, on the report made to the confirming authority on an inquiry directed by them under section ten of the principal Act, that authority are satisfied that a scheme ought to have been made for the improvement of the area to which the inquiry relates, or of some part thereof, they may, if they think fit, order the local authority to make such a scheme, either tmder Part I. of the principal Act, or, if the confirming authority so direct, under Part II. of that Act, and to do all things necessary under the Housing Acts for carrying into execution the scheme so made, and the local authority shall accordingly make a scheme or direct a scheme to be prepared as if they had passed the resolution required under section four or section thirty-nine of the principal Act, as the case may be, and do all things necessary under the Housing Act for carrying the scheme into effect. " Any such order of the confirming authority may be enforced by mandamus." The holding of the local inquiry will be governed by the provisions in s. 85, post, p. 142. ACT OF 1890— PART I., S. 11. 37 Provision of Dwelling Accommodation for Working Classes displaced by Scheme. 11. — (1.) Bequisites of improvement scheme as to accommoda- tion of worUng classes. — Subject as herein-after nientioned, every scheme comprising an area in the county or city of London shall provide for the accommodation of at the least as many persons of the working class as may be displaced in the area comprised therein, in suitable dwelhngs, which, unless, there are any special reasons to the contrary, shall be situate within the limits of the same area, or in the vicinity thereof. Provided that — (a.) Where it is proved to the satisfaction of the con- firming authority (c) on an apphcation to authorise a scheme that equally convenient accommodation can be provided for any persons of the working classes displaced by the scheme at some place other than within the area or the immediate vicinity of the area comprised in the scheme, and that the required accommodation has been or is about to be forthwith provided, either by the local authority or by any other person or body of persons, the con- firming authority may authorise such scheme, and the requirements of this section with respect to providing accommodation for persons of the work- ing class shall be deemed to have been comphed with to the extent to which accommodation is so provided ; and (b.) Where the local authority apply for a dispensation under this section, and the officer conducting the local inquiry directed by the confirming authoritj'^ reports that it is expedient, having regard to the special circumstances of the locality and to the number of artizans and others belonging to the working class dwelling within the area, and being employed within a mile thereof, that a modification (c) I.e. the Local Government Board. See s. 8 (2), ante, p. 32, and sect, 2 of the H. of W C. Act, 1903, post, p. 193. 38 PART 2.— STATUTES. should be made, the confirming authority, without prejudice to any other powers conferred on it by this part of this Act, may in the Provisional Order authorising the scheme, dispense altogether with the obligation of the local authority to provide for the accommodation of the persons of the working class who may be displaced by the scheme to such extent as the confirming authority may think expedient, having regard to such special circum- stances as aforesaid, but not exceeding one half of the persons so displaced. (2.) Where a scheme comprises an area situate elsewhere than in the county or city of London, it shall, if the confirming authority so require (but it shall not otherwise be obligatory on the local authority so to frame their scheme), provide for the accommodation of such number of those persons of the working classes displaced in the area with respect to which the scheme is proposed in suitable dwellings to be erected in such place or places either within or without the limits of the same area as the said authority on a report made by the officer conducting the local inquiry may require. Effect of section. — Sect. 6 (1) (c) ante, -p. 27, enacts that a scheme shall provide such accommodation for the working classes displaced as is required to comply with this Act. This section contains these requirements. The general effect of this section is that in London, unless the Local Government Board otherwise authorises, accommodation must be provided for the members of the working classes displaced within the area or its immediate vicinity. If it is not practicable to house them in the area or its immediate vicinity, then the Board may allow them in whole or in part to be accommo- dated in some place or places within a reasonable distance, and it may further dispense with the provision of providing accommodation to the extent of one halt of the persons displaced. In determining the extent of re-housing accommodation required, it is of importance to ascertain the places where the persons displaced are employed ; whether in the area and its vicinity or not. The adequacy of the accommodation to be provided at places at some distance from the area, will, of course, depend on whether the new dwellings are within easy access to the places of employment. In determining the ease of access from the site of the proposed dwellings the facility of cheap or free transit would doubtless be of material importance. In many provisional orders it will be found that provision is made to accommodate part of the working classes displaced in the area, part on ACT OF 1890— PART I., S. 12. 39 land within a reasonable distance : while as to the remainder the obliga- tion to provide accommodation is dispensed with. As a rule the scheme is not required to show in what manner the accommodation is to be provided, it is enough if it requires that it shall be provided. With this section must be read s. 3, and the Schedule of the Housing of the Working Classes Act, 1903, post, pp. 195, 203. That latter section is wide enough to cover orders under this part of this Act, and gives the Local Government Board in connection with improvement schemes much larger powers and duties in regard to re-housing. In boroughs and urban districts outside London the Local Government Board will require to be satisfied in the oases mentioned in the schedule that there will be sufficient accommodation for the working classes displaced, before they decide as to whether or not such accommodation is necessary. This provision to be made wiU depend partly upon the amount of existing vacant housing accommodation in the neighbourhood. When part of the working classes are to be accommodated in the area it is evident that during the execution of the scheme, which may take several years, there wiU be no accommodation for many of the working classes displaced. This has caused considerable inconvenience and over- crowding in the neighbourhood in the past, but the difficulty can now be met by means of the powers in clause 6 of the Schedule to the Act of 1903, post, p. 206. " Persons of the working class." — By clause 12 (c) of the Schedule to the Housing of Working Classes Act, 1903, " the expression ' working class ' includes mechanics, artisans, labourers and others working for wages ; hawkers, oostermongers, persons not working for wages, but working at some trade or handicraft without employing others except members of their own family ; and persons, other than domestic servants, whose income in any case does not exceed an average of thirty shillings a week ; and the families of any such persons who may be residing with them." In estimating the number of the working classes to be displaced imder this Act, that definition may be taken as a guide. Some place other than the area. — Other lands belonging to the authority may be appropriated for this purpose ; and see s. Ill of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), post, -p. 117. Land may be also purchased by agreement for the purpose (s. 23, post, p. 57). The land required might also be obtained under Part III. of this Act, either volun- tarily or compulsorUy by an order. (See ss. 57 and 59, post, pp. 113 and 118, and clause 3 of the Schedule to the Housing of Working Classes Act, 1903, post, p. 205.) Execution of Scheme by Local Authority. 12. Duty of local authority to carry scheme. — (1.) When the confirming Act authorising any improvement scheme of a local authority under this part of this Act has been passed by Parliament, it shall be the duty of that authority to take steps for purchasing the lands required for the scheme, 40 PAET 2.— STATUTES. and otherwise for carrying the scheme into execution as soon as practicable. (2.) They may sell or let aU or any part of the area com- prised in the scheme to any purchasers or lessees for the purpose and under the condition that such purchasers or lessees will, as respects the land so purchased by or leased to them, carry the scheme into execution ; and in particular they may insert in any grant or lease of any part of the area provisions binding the grantee or lessee to build thereon as in the grant or lease prescribed, and to maintain and repair the buildings, and prohibiting the division of buildings, and any addition to or alteration of the character of buildings without the consent of the local authority, and for the revesting of the land in the local authority, or their re-entry thereon^ on breach of any provision in the grant or lease. (3.) The local authority may also engage with any body of trustees, society, or person, to carry the whole or any part of such scheme into effect upon such terms as the local authority may think expedient, but the local authority shall not themselves, without the express approval of the confirming authority (e), undertake the re-building of the houses or the execution of any part of the scheme, except that they may lake down any or all of the buildings upon the area, and clear the whole or any part thereof, and may lay out, form, pave, sewer, and complete all such streets upon the land purchased by them as they may think fit, and all streets so laid out and completed shall thenceforth be pubHc streets, repairable by the same authority as other streets in the district. (4.) Provided that in any grant or lease of any part of the area which may be appropriated by the scheme for the erection of dwellings for the working classes (/ ) the local authority shall impose suitable conditions and restrictions as to the elevation, size, and design of the houses, and the extent of the accommodation to be afforded thereby, and shall make due provision for the maintenance of proper sanitary arrange- ments. (e) Local Government Board. {/) Section 6 (1) (c), ante, p. 27, and s. 11, ante, p. 37. ACT OF 1890— PAET I., 8. 12. 41 (5.) 2/ the local authority erect any dwellings out of funds to he fvovided under this part of this Act, they shall, unless the con- firming authority otherwise determine, sell and dispose of all such dwellings within ten years from the time of the completion thereof. (6.) The local authority may, where they think it expedient so to do, without themselves acquiring the land, or after or subject to their acquiring any part thereof, contract with the person entitled to the first estate of freehold in any land com- prised in an improvement scheme for the carrying of the scheme into effect by him in respect of such land. Sub-sect. (1). — As a con&ming Act will not now be necessary, except in the rare oases mentioned in the note to s. 8, ante, p. 34, the duty of the local authority to carry out the scheme wiU arise as soon as the order is made by the Local Government Board. Effect of Section. — This section requires the local authority to put tlie scheme into execution, and gives them powers necessary to enable them to do so. Unless they make an agreement under sub-s. (6) with the owner of the first estate of freehold, they must, as soon as possible, proceed to acquire the land under s. 20. If they fail to perform their duty of carrying out the scheme, the Local Government Board may make an order requiring the local authority to remedy the default within a time fixed by the order and enforce such order by mandamus. (Housing, Town Planning, &c. Act, 1909, s. 11. See also s. 13 of this Act, infra.) After acquiring the land the authority may proceed to clear the area, and to lay out and complete the streets ; but it is not contemplated by this section that they should themselves rebuild except in special circumstances, and the express approval of the confirming authority must first be obtained. They may, however, under sub-s. (2), either sell or let the land subject to covenants to carry out the scheme, and apparently they may do so either before or after the area has been cleared. By sub-s. (3) they may enter into an engagement with a body of trustees, society or person to carry out the scheme. The nature of this engagement is not very clearly specified, but it would appear that the authority might advance part of the cost out of the funds provided under this part of the Act (as to which see s. 24, post, p. 58), Sub-s. (5), which required the authority to sell the dwellings therein mentioned, has been repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI., and s. 40 of that Act provides that it shall not be obliga- tory upon a local authority to sell and dispose of any lands or dwellings acquired or constructed by them for any of the purposes of the Housing Acts. The dwellings intended to be erected by the local authority, or which the local authority will require to have erected, are those for the accommo- dation of the working classes displaced (see s. 13, infra). There appears to be no reason why these should not be erected by the local authority in pursuance of their powers under Part III. of the Act. (See s. 59, post, p. 118.) In London the expenditure under Parts I. and III. are payable 42 PAET 2.— STATUTES. out of the same fund (s. 65, post, p. 123). In connection with such dwelling accommodation as the local authority have power to provide, there may also be provided and maintained by the local authority, with the consent of the Local Government Board, " any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Local Government Board will serve a beneficial purpose in connection with the requirements of the persons for whom the dwelling accommodation or lodging-houses are provided," and money may be raised for the purpose by borrowing if necessary (Housing of Working Glasses Act, 1903, s. 11, post, p. 200). The provisions to be inserted in grants and leases under sub-s. (2) may evidently be enforced by specific performance ( Wolverhampton Corporation V. Emrmna, [1901] 1 Q. B. 515). "The first estate of freehold" (sub-s. (6) ).— This contract may be made before the scheme is framed, and a provision to give it effect may bo inserted ia the scheme. (See s. 6 (3), ante, p. 28, and note to same.) The contract, however, may apparently be entered into independently of any provision in the scheme. If the owner of the first estate of freehold is not in possession, or if by reason of his estate being less than the fee simple he cannot deal with the property, it would be the duty of the local authority to acquire the outstanding interests, unless power is given in the scheme to allow the owner to do so. Apart from such power it seems clear that persons entitled to compensation under the Act would be entitled to recover it from the local authority, and the contract here mentioned would not affect their rights as against the local authority. This remark would apparently apply to injury to easements. (See s. 22, post, p. 55.) As to the power of tenants for lite to erect dwellings available for the working classes, and to carry out other improvements, see s. 74 of this Act, post, p. 132, as amended by s. 7 of the Housing, Town Planning, &c. Act, 1909, post, p. 214, and the notes thereto. 13. Completion of scheme on failure hy local authority. — If ■within five years after the removal of any buildings on the land set aside by any scheme authorised by a confirming Act as sites for working men's dwellings, the local authority have failed to sell or let such land for the purposes prescribed by the scheme, or have failed to make arrangements for the erection of the said dwelKngs, the confirming authority may order the said land to be sold by public auction or public tender, with full power to fix a reserve price, subject to the conditions imposed by the scheme, and to any modification thereof which may be made in pursuance of this part of this Act, and to a special condition on the part of the purchaser to erect upon the said land dwellings for the working classes, in accordance with plans to be approved by the local authority, ACT OF 1890 PART I., S. 14. 43 and subject to such other reservations and regulations as the confirming authority may deem necessary. Under this section the confirming authority can only interfere in the case of land where workmen's dwellings are to be erected, and when the buildings on it have been removed. The object of the section is to prevent the displaced workmen from being kept out of conveniently situated dweUrng-houses for an unreasonable time. A wider power of compelling the carrying out of a scheme is contained in s. 11 of the Housing, Town Planning, &o. Act, 1909, post, p. 219, and see Consolidation, post, p. 310. See note to last section as to local authority erecting houses. Schemes may be modified under the provisions of s. 15 of this Act as amended by s. 25 of the Housing, Town Planning, &c. Act, 1909, post, p. 245, 14. Notice to occupiers hy placards. — The local authority shall, not less than thirteen weeks before taking any fifteen houses or more, make known their intention to take the same by placards, handbills, or other general notices placed in public view upon or within a reasonable distance of such houses, and the local authority shall not take any such houses until they have obtained a certificate of a justice of the peace that it has been proved to his satisfaction that the local authority have made known, in manner required by this section, their intention to take such houses. "Before taking." — The intention of this section is evidently to give the occupiers of the houses reasonable notice so as to enable them to find other dwellings or premises into which to remove. The word " take " in this section may therefore be presumed to mean " take possession of." In Spencer v. Metropolitan Board of Works (1882), 22 Ch. D. 142, a very similar provision in a local Act was in dispute, and the effect of that case is to throw very considerable doubt as to the meaning of the word " take." It would appear, however, that the notices, &c., need not be given before proceeding by agreement or arbitration to have the compensation ascer- tained ; but before the local authority have the title vested in them, under Arts. 16-21 of Sched. II., it would, having regard to that case, be advisable that the notices should have been given thirteen weeks previously. It may be, however, that the entering and holding referred to in Arts. 16 and 24 of that schedule, is what is meant by " taking " in this section ; that would appear to be the meaning in certain sections of the Lands Clauses Acts. {Cf. Burkinshaw v. Birmingham and Oxford Junction Bail. Co. (1850), 20 li. J. Ex. 246 ; B. v. Manley Smith, Be Church and London School Board (1892), 67 L. T. 197 ; Barker v. Metropolitan Bail Co.. (186J:), 17 C. B. (U.S.) 785.) The common practice is to give the notice before turning out the tenants. A local authority may make a reasonable allowance to tenants on account of the expenses of removing (s. 78, po$t, p. 138, and note thereto). 44 PART 2.— STATUTES. "Any fifteen houses." — This probably means that whenever the scheme involves the taking of not less than fifteen houses the notices must be given. 15. Power of confirming authority to modify authorised scheme. — (] .) The coniirming authority, on application from the local authority, and on its being proved to their satisfaction that an improvement can be made in the details of any scheme authorised by a confirming Act, may permit the local authority to modify any part of their improvement scheme which it may appear inexpedient to carry into execution, but any part of the scheme respecting the provision of dwelling accommodation for persons of the working class, when so modified, shall be such as might have been inserted in the original scheme. (2.) A statement oj any modifications permitted to be made in any part of an improvement scheme in pursuance of this section shall be laid by the confirming authority before both Houses of Parliament as soon as practicable after the permission is given, if Parliament be then sitting, and if not, within one month after the next meeting of Parliament. Provided always, that if such modification requires a larger public expenditure than that sanctioned by the former scheme, or the taking of any property otherwise than by agreement, or affects injuriously other property in a manner different to that proposed in the former scheme without the consent of the owner and occupier of any sv^h property, the modification must be made by a pro- visional order to be confirmed by Act of Parliament in the manner provided by this part of this Act on the completion of an improve- ment scheme. Sub-sect. (2) and the proviso thereto have been repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI., post, and s. 25 of that Act provides as follows : 25. " The Local Government Board may in the exercise of their power under s. 15 or sub-s. 9 of s. 39 of the principal Act, permit the local authority to modify their scheme, not only by the aliandonment of any part of the scheme which it may appear inexpedient to carry into execution, but also by amending or adding to the scheme in matters of detail in such manner as appears expedient to the Board." The Local Government Board in their Memorandum of December 31, 1909, addressed to Councils of Boroughs and Urban Districts, state that this provision makes it clear that the Board can permit a local authority ACT OF 1890— PAET I., S. 16. 45 to modify an improvement or reconstruction scheme, by bringing into the scheme matters not originally dealt with. It should be noted, however, that it is only in matters of detail that the scheme can be altered, but from the repealed proviso it would seem that such modifications may include power to take or injuriously affect property not originally included in the scheme. We presume that the Board wiU follow the spirit of the repealed proviso and not make modifica- tions which involve the matters therein mentioned without giving the persons aggrieved an opportunity of being heard. By virtue of s. 85 of this Act, post, p. 142, the Board have fuU power to direct a local inquiry in such a case. For the provisions as to dwelling accommodation see s. 11, ante, p. 37. Inquiries loith respect to Unhealthy Areas. 16. Inquiry on default of medical officer in certain cases. — (1.) Where in any district twelve or more ratepayers have com- plained to a medical officer of health of the imhealthiness of any area within thait district, and the medical officer of health has failed to inspect such area, or to make an official representa- tion with respect thereto, or has made an official representation to the effect that in his opinion the area is not an unhealthy area, such ratepayers may appeal to the confirming authority (g), and upon their giving security to the satisfaction of that authority for costs, the confirming authority shall appoint a legally qualified medical practitioner to inspect such area, and to make representation to the confirming authority, stating the facts of the case, and whether, in his opinion, the area or any part thereof is or is not an unhealthy area. The representation so made shall be transmitted by the confirming authority to the local authority, and if it states that the area is ah unhealthy area the local authority shall proceed therein in the same manner as if it were an official representation made to that authority. (2.) The confirming authority shall make such order as to the costs of the inquiry as they think just, with power to require the whole or any part of such costs to be paid by the appellants where the medical practitioner appointed is of opinion that the area is not an unhealthy area, and to declare the whole or any part of such costs to be payable by the local authority (g) I.e., Local Government Board. 46 PART 2.— STATUTES. where he is of opinion that the area or any part thereof is an unhealthy area. (3.) Any order made by the confirming authority in pur- suance of this section may be made a rule of a superior court, and be enforced accordingly. "Such ratepayers." — This section is supplementary to s. 5, ante, p. 26, which provides that any twelve ratepayers may complain to a medical officer of health, who ought then to inspect and report. This section gave such ratepayers a right of appeal if they were not satisfied with the action of the local medical officer of health. It was thought that the expression " such ratepayers " mentioned in the text meant the same twelve rate- payers who originally complained. To remove the inconvenience so caused, it was enacted in s. 4 (2) of the Housing of the Working Classes Act, 1903 (post), that " any twelve or more ratepayers of the district shall have the like appeal under s. 16 of the principal Act as is given to the twelve or more ratepayers who have made the complaint to the medical officer of health mentioned in that section." " Inspection by medical practitioner." — It will be noticed that sub-s. (1) of this section provides that the medical practitioner is to inspect the area, while sub-s. (2) refers to an inquiry. It was doubtful whether the pro- visions in the statute relating to local inquiries were applicable. Sect. 26 of the Housing, Town Planning, &c. Act, 1909, post, provides that any inspector or officer of the Local Government Board may make the inspection or inquiry required for the purposes of the above section, and that s. 85, which relates to inquiries by the Board, shall apply to any inspection or inquiry held under s. 16. It should be noted that the Local Government Board have power themselves to institute inquiries into the state of an area when they deem it expedient. (See Housing, Town Planning, &c. Act, 1909, s. 37, post, p. 253. ) As the costs which may be incurred by the appellants under the provisions in the text are practically prohibitive, the more economical procedure would be for the complainants to call the attention of the Local Government Board to the condition of the area and to suggest to the Board the expediency of making inquiries under the provisions of the Act of 1909. " Authority shall proceed." — The local authority are required to proceed in such case as provided in s. 4, ante, p. 22. There is no express power given to the Local Government Board to enforce compliance with this require- ment if the local authority refuse to prepare a scheme, and it is not expressly provided for either by the Housing of the Working Classes Act, 1903, s. 4, or s. 11 of the Housing, Town Planning, &c. Act, 1909, post ; but possibly s. 10, ante, p. 36, as amended might be held to apply. " A rule of a superior court." — See same note to s. 8, ante, p. 35. 17. Proceedings on local inquiry. 18. Notice oj inquiry to he publicly given. 19. Power to administer oath. ACT OF 1890— PAKT I., S. 20. 47 Sects. 17-19, which related to local inquiries, have been repealed by the Housing, Town Planning, &c. Act, 1909, Sohed. VI. They were un- necessary, as full provisions as to»local inquiries were also contained in s. 85 of the principal Act {post, p. 142), and that section, as amended by the Housing, Town Plarming, &c. Act, 1909, will apply to local inquiries under Part I. of the principal Act. Acquisition of Land. 20. Acquisiiion of land. — The clauses of the Lands Clauses Acts, with respect to the purchase and taking of lands other- wise than by agreement, shall not, except to the extent set forth in the Second Schedule to this Act, apply to any lands taken in pursuance of this part of this Act, but save as aforesaid the said Lands Clauses Acts, as amended by the provisions contained in the said schedule, shall regulate and apply to ,the purchase and taking of lands, and shall for that purpose be deemed to form part of this part of this Act in the same manner as if they were enacted in the body thereof ; subject to the provisions of this part of this Act and to the provisions following ; that is to say, (i.) This part of this Act shall authorise the taking by agreement of any lands which the local authority may require for the purpose of carrying iato effect the scheme authorised by any confirming Act, but it shall authorise the taking by the exercise of any compulsory powers of such lands only as are proposed by the scheme in the confirming Act to be taken compulsorily : (ii.) In the construction of the Lands Clauses Acts, and the provisions in the Second Schedule to this Act, this part of this Act shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking ; and the period after which the powers for the compulsory purchase or taking of lands shall not be exercised shall be three years after the passing of the confirming Act. "The Lands Clauses Acts." — These are in England and Wales, the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18) ; the Lands 48 PART 2.— STATUTES. Clauses Consolidation Acts Amendment Act, 1860 (23 & 24 Vict. c. 106) the Lands Clauses Consolidation Act, 1869 (32 & 33 Vict. c. 18) ; the Lands Clauses (Umpire) Act, 1883 (46 & 47 Vict. c. 15) ; the Lands Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict. c. 11). (See the Interpreta- tion Act, 1889 (52 & 53 Vict. c. 63), s. 23, where those for Scotland are likewise defined.) " With respect to the purchase." — ^This section would be made a little clearer if the words " with respect to the purchase and taking of lands otherwise than by agreement " were printed with quotation marks. They are the words which constitute the heading to ss. 16-68 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), being the prmcipal clauses which deal with the compulsory taking of land and the method of assessing the compensation, and the e£Eect of using these words is to identity and refer to these particular sections and to no others. (See Lands Clauses Consolidation Act, 1845, s. 5.) The effect of the provision in the text is that these sections are in no way applicable to taking land under this part of this Act, except to the extent herein-after mentioned. Their place is taken by ss. 21 and 22, post, pp. 50 and 55, as to the subject matter of compensation, and by Sched. XL, post, p. 155, as to the manner of assess- ment. The extent to which they are applicable is as mentioned in Art. 27 of Sched. II., post, that is, when an appeal is allowed to a jury from the arbitrator, then ss. 38-57, both inclusive, except ss. 47 and 51, are to apply. These sections relate to the summoning of the jury and the assessment of the compensation by them. Section 47 relates to default of appearance, and s. 51 to costs, these latter being provided for in Art. 27 of Sched. II. It is of importance to note that s. 68 of the Lands Clauses Consolidation Act, 1845, is thereby omitted ; compensation for injurious affection of land when no land of the owner is taken cannot, therefore, be awarded, unless it is included under s. 22 of this Act. "But save as aforesaid." — With the exception of ss. 16-68 all the other clauses of theiands Clauses Acts are to apply, but as amended by Sched. II., and subject to the provisions of this part of this Act. This part of this Act, according to the definition in s. 2, ante, p. 21, includes the confirming Act, which wiU now for the most part mean the provisional order of the Local Government Board made under the amended provisions of s. 8, ante, p. 32, but there does not appear to be any power given other- wise in this Act to enable the confirming authority to amend the Lands Clauses Act by the order. It followed from this incorporation of these sections of the Lands Clauses Acts, that s. 133 of the Lands Clauses Consolidation Act, 1845 — which requires that when the promoters of the undertaking take land they must make good the deficiency in the land tax and poor's rate occasioned by such taking, — ^was applicable to schemes under this part of this Act ( Vestry of St. Leonard, Shorediich v. London County Council, 72 L. T. 802 ; [1895] 2 Q. B. 104), but by the Housing, Town Planning, &o. Act, 1909, s. 34, post, p. 250, it has been enacted that such section shall not apply in the case of any lands of which a local authority becomes possessed by virtue of the Housing Acts. Similarly, it was held under the provisions of s. 19 of the Artizans ACT OF 1890— PART I., S. 20. 49 and Labourers Dwellings Improvement Act, 1875 (38 & 39 Vict. c. 3fi), which are the same as above, that s. 121 of the Lands Clauses Consolidation Act, 1845, was applicable to cases under that Act ( Wilhins v. Mayor oj Bir- mingham (1883), 25 Ch. D. 78). That section provides that compensation shall be paid to tenants whose interest in the lands is no greater than as tenant for a year or from year to year, if they are required to give up posses- sion before the expiration of their terms. The Lands Clauses Acts, and the .numerous decisions that have been made under them, will be foimd at length and fully annotated in Balfour Browne and Allan's Law of Compensation. Provisions contained in the schedule. — The schedule, besides providing a method of taking the land and assessing the compensation different from that under the Lands Clauses Acts, contains many provisions modify- ing these Acts. Sects. 69-80 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), dealing with the application of compensation money, are made applicable by Art. 20 of the schedule, subject to an amendment contained in s. 5 of the Housing, Town Planning, &c. Act, 1909. Sects. 81- 83, dealing with conveyances, are practically superseded. Sects. 84 and 85, as to entry on land before payment of the compensation, are practically superseded by s. 77 and Arts. 24 and 25 of Sched. II. Sect. 92, which provides that a person shall not be required to sell a part only of any house, &c., is amended by Art. 12, and the local authority will not be obliged to purchase the whole it the arbitrator decide that part can be taken without material damage to the whole. Sect. 93 is inapplicable, but s. 94 might, in certain oases, become applicable, as it has been held to apply to inter- sected land whether in a town or not {Eastern Counties, &c. Bail. Co. v. Marriage (1860), 9 H. L. Cas. 32). Apportionment of rents, &o., under ss. 98, 116, 119 of the Lands Clauses Consolidation Act, 1845, is to be settled by the arbitrator (Art. 11, post). As to interests omitted to be purchased, the amount of compensation payable is also to be settled by the arbitrator instead of as provided in s. 124 (Art. 13, post). Sects. 127, dealing with superfluous lands, is not apparently applicable, especially since it has been provided in s. 40 of the Housing, Town Planning, &c. Act, 1909, post, that it shall not be obligatory upon a local authority to seU and dispose of any lands or dwellings acquired or constructed by them for any of the purposes of the Housing Acts ; but in rural districts if it is proposed to sell land ss. 128-132 would appear to be applicable. As to application of proceeds of land sold, see s. 82, post, p. 140. "Subject to the provisions of this Act." — It is often a matter df great difficulty to determine how far the provisions of the Lands Clauses Acts are amended or altered by an incorporating Act. Generally the Lands Clauses Acts are to be followed unless the special Act, by express words or necessary intendment, varies or excepts them. There need not be express words if there is something indicating an express intention that the Act shall not apply (see Metropolitan District Rail. Co. v. Sharpe (1880), 5 App. Cas. 425). Proviso (1). " Taking by agebement." — These amendments in the Schedule, however, probably apply only to land authorised to be taken compulsorily (see s. 6, ante, p. 27). In respect of lands authorised to be A.H. K 50 PART 2.— STATUTES. acquired by agreement only, the sections of the Lands Clauses Acts would appear to be applicable in the ordinary way. They are necessary in respect of persons under incapacity who are willing to sell by agreement. Proviso (ii). " This pabt of this Aoi " is defined in s. 2. ante, p. 21, and will now include a provisional order, which takes effect without con- firmation by Parliament. Peeiod for comptilsoky PtiBOHASB. — This provision was unnecessary as there is a provision to the same effect in s. 123 of the Lands Clauses Con- solidation Act, 1845, which is abeady incorporated in the Act by the earlier part of the section. It is also difficult to apply the provision. A local authority is required by s. 12 {ante, p. 39) to take steps to acquire the land and the Local Government Board, in case the local authority fail to carry out a scheme, can make an order requiring them to remedy the default. This provision seems to contemplate that the local authority may fail to perform their duty, and that the Local Government Board may take no steps to enforce it. A further difficulty arises as to the date when the powers of compulsory purchase in respect of a piece of land may be said to have been exercised. Under the Lands Clauses Acts, the service of the notice to treat is regarded as a sufficient exercise of compulsory powers to satisfy this provision. (See Salisbury {Marquis of) v. Great Northern Bail. Co. (1852), 17 Q. B. 840; GoldsmitKs Co. v. West Metropolitan Rail. Co., [1904] 1 K. B. 1.) But there is no provision in Sched. II. requiring the service of a notice to treat, and it has not been decided at what stage of the procedure under that schedule compulsory powers begin to be exercised. Probably any step taken under Sched. II., which intimates to the owner that his land is required by the local authority, would be an exercise of the compulsory powers. (See R. v. Hungerford Market Co. (1832), 4 B. & Ad. 327, per Parke, B., p. 333, and Birch v. Marylebone Vestry (1869), 20 L. T. 697, yer Black- burn, J., p. 701.) As to extending the period during the present war, see Special Acts (Extension of Time) Act, 1915 (5 & 6 Geo. 6, c. 72). 21. Special provision as to compensation. — (1.) Whenever the compensation payable in respect of any lands or of any interests in any lands proposed to be taken compulsorily in pursuance of this part of this Act requires to be assessed — (a.) the estimate of the value of such lands or interests shall be based upon the fair market value, as estimated at the time of the valuation being made of such lands, and of the several interests in such lands, due regard being had to the nature and then condition of the property, and the probable duration of the buildings in their existing state, and to the state of repair thereof, without any additional allowance in respect of the compulsory purchase of an area or of any part ACT OF 1890— PAET I., S. 21. 51 of an area in respect of which an official representation has been made, or of any lands included in a scheme which, in the opinion of the arbitrator, have been so included as falling under the description of property which may be constituted an unhealthy area under this part of this Act ; and (b.) in such estimate any addition to or improvement of the property made after the date of the publication in pursuance of this part of this Act of an adver- tisement stating the fact of the improvement scheme having been made shall not (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made so as to increase the amount of compensation to be paid for the lands ; and (2.) On the occasion of assessing the compensation payable under any improvement scheme in respect of any house or premises situate within an unhealthy area evidence shall be receivable by the arbitrator to prove — (1st) that the rental of the house or premises was enhanced by reason of the same being used for illegal purposes or being so overcrowded as to be dangerous or injurious to the health of the inmates ; or (2ndly) that the house or premises are in such a condition as to be a nuisance within the meaning of the Acts relating to nuisances, or are in a state of defective sanitation, or are not in reasonably good repair ; or (3rdly) that the house or premises are unfit, and not reason- ably capable of being made fit, for human habitation ; and, if the arbitrator is satisfied by such evidence, then the compensation — (a.) shall in the first case so far as it is based on rental be based on the rental which would have been obtain- able if the house or premises were occupied for legal purposes and only by the number of persons whom the house or premises were under all the circumstances 52 PART 2.— STATUTES. of the case fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates ; and (b.) shall in the second case be the amount estimated as the value of the house or premises if the nuisance had been abated, or if they had been put into a sanitary- condition, or into reasonably good repair, after de- ducting the estimated expense of abating the nuisance, or putting them into such condition or repair, as the case may be ; and (c.) shall in the third case be the value of the land, and of the materials of the buildings thereon. Sub-sect. (1). " Lands." — Although by the definition of land in s. 93, post, p. 147, any right over land may be included, yet " lands," as used in this section, has evidently a more limited meaning ; easements, rights as to pipes, sewers and drains being dealt with in the next section. As to this see Great Western Rail. Co. v. Swindon <& Cheltenham Rail. Co. (1884), 9 App. Cas. 787, pp. 800, 808. " Proposed to be taken coMPULSoaiLY." — These words have reference to s. 6, which requires that the lands to be taken oompulsorily shall be distin- guished from those proposed to be taken by agreement. These provisions as to compensation therefore apply to all lands shown on the scheme as finally approved as lands proposed to be taken oompulsorily. Where land charged with rent charge in lieu of tithes is taken for the purposes of this part, the persons purchasing as soon as they are in posses- sion of the land and before applying it for the purposes of the Act must apply to redeem the rent charge for a sum of money equal to twenty-five times the amount thereof. The application is made to and the money is now payable to the Board of Agriculture and Fisheries. Tithe Act, 1878 (41 & 42 Vict. c. 42), s. 1. Sub-sect. (1) (b). Publication of an advektisbment — This refers to the advertisement mentioned in s. 7, ante, p. 29. The Local Government Board have power in certain cases to dispense with the publication of advertisements. (Housing, Town Planning, &c. Act, 1909, s. 41, post, p. 256. ) Under the earlier Acts considerable doubt existed as to the date at which the interests of the parties were determined for the purposes of compensa- tion. (S3e Wilkins v. Birmingham (Mayor of) (1883), 26 Ch. D. 78.) The effect of a notice given prior to appljring for a provisional order does not afEect the rights of an owner as against other persons, and if his ancient lights are obscured by the building of an adjoining owner, he can maintain an action to restrain the person so building, and for damages, and will be entitled to costs, even although the subsequent passing of the confirming Act may reduce his damage to nothing. (Dye v. Patman (1898), 62 J. P. 135.) Such an owner might suffer damage by such obscuring of his lights, inasmuch as he might in consequence receive a smaller compensation in respect of his property. ACT OP 1890— PART I., S. 21. 53 COMPENSATION. In assessing the compensation under this part of this Act, it is necessary to distinguish between lands which are included in the scheme as forming part of the unhealthy area, and those that are included in it under s. 6 (1) (a), ante, p. 27, as neighbouring lands for the purpose of making the scheme efficient. They are usually distinguished specifically in the plans and in the order. (1.) Nbighbotjbing Lands. Property to be assessed. — In considering how the compensation for neighbouring lands is to be ascertained, it is only necessary to refer to suh-s. (1) (a) and (b) of the above section. The value is to be estimated at the time at which the valuation actually takes place ; but the subject- matter to be assessed is to be ascertained by reference to the condition of the property at the date of the publication, pursuant to s. 7, ante, p. 29, of an advertisement stating the fact of the improvement scheme having been made by the local authority. The object of this latter proviso is to prevent owners of land from adding to and improving their land, and thus unnecessarily increasing the amount payable for compensation ; otherwise they might do so up to the date of the valuation being made, and receive compensation in respect thereof. (Higgins v. Mayor of Dublin (1891), 28 L. R. Ir. Q. B. 484.) It also prevents new interests being created ; thus a lessee whose term has nearly expired cannot obtain a new lease and claim compensation in respect thereof. {Wilhins v. Mayor of Birmingham (1883), 25 Ch. D. 78.) It would seem, however, that the fact that the owner's rights in the property have been so restricted during the interval between the publication of the advertisement and the valuation, is in itself a matter to be taken into consideration in assessing the compensation. See, for example, Cranwell v. Mayor of London (1870), L. R. 5 Ex. 284, and see also the note to s. 7, ante, p. 31, on the effect of the advertisements. Allowance for compulsory purchase. — It is to be noted that the proviso preventing any additional allowance being made for compulsory purchase does not apply to neighbouring lands. It was held in an Irish case under the practically identical provision in the Artizans Dwellings Improvement Act, 1875 (38 & 39 Vict. c. 36), s. 19 (2), that as to premises not situated within the imhealthy area, compensation for compulsory purchase might be awarded. {Mayor of Dublin v. Dowling (1880), L. R. Ir. '6 Q. B. 502.) Principles of assessment, — It is unfortunate that sub-s. (1) (a) does not follow the words of ss. 49 or 63 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), the meaning of which has now been made clear by a long series of judicial decisions. However, there appears to be no reason why compensation should not be awarded under this Act, according to the same principles as have been laid down in regard to these Acts, and in this connection it may be mentioned that on appeals from an arbitrator to a jury under Art. 27 of Sched. II., that s. 49 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), applies. Under the Lands Clauses Acts, when land is taken, compensation is awarded in respect of the value of the land in itself, the damage due to 54 PAET 2.— STATUTES. severance of the land from other adjoining land of the same owner, and any other injurious affection to such other land. But these three items really make up what is the value of the premises to the owner, and it is the value to the owner that is always what is to. be ascertained in determin- ing the compensation under these Acts. Under this Act the estimate of the value is to be based upon the fair market value, and it has been contended that these words mean the market value as if the owner were a willing seller. It has also been contended that these words exclude any claim for trade profits, but as goodwill attaches to premises and enhances the market value it is difficult to see how damage to trade can be altogether excluded even on this construction. The section also does not say that the compensation is to be the market value, but that it is to be based upon the market value. In an Irish case decided under the Artizans and Dwell- ings Improvement Act, 1875, which incorporated the Lands Clauses Acts, but subject to the qualification identical with sub-s. (1) (a) of this Act, it was held that compensation could be awarded for loss of profits and good- will. ( DuUin {Mayor of) v. Dowling (1880), L. B. Ir. 6 Q. B. 502. ) It has also been held in the English Courts that the existence of a covenant tjdng a public-house to a brewery should be taken into account in assessing the compensation, as such covenant would add to the market value. (Re- Chandkr's Wiltshire Brewery Co., Lid. v. The London County Council, [1903] 1 K. B. 569.) Beyond these an owner is entitled, under the Lands Clauses Acts, to compensation for the damages occasioned by his being turned out of his premises, such as the costs of removal, loss of fixtmes, and loss of business profits while removing ; the principle of compensation in such case being the same as in trespass. (See Jubb v. Hull Dock Co. (1846), 9 Q. B. 443; Oibson v. Hammersmith Rail. Co. (1863), 32 L. J. Ch. 337, and the cases cited in Balfour Browne and AUan on Compensation, 2nd ed., pp. 96-108.) There is nothing in the Act to exclude compensation for these matters under this Act. In dealing with licensed premises the procedure of the corporation ia Leeds Corporation v. Ryder, [1907] A. C. 420, is worthy of consideration as a means of saving expense. It would appear further that the increase ur value to other property of the same owner, by reason of the improvement, is not to be considered. (2.) Unhealthy Abba. Additional allowance for compulsory purchase. — The remarks made as to neighbouring lands would appear to be equally applicable to those in the unhealthy area, subject to the qualifications imposed by sub-s. (2), (a), and to the provision against an additional allowance for compulsory purchase. Thus, it has been decided that loss of profits and goodwill should be taken into account in assessing the value of premises in an unhealthy area. (Mayor of Dublin v. Dowling (1880), L. E. Ir. 6 Q. B. 502.) There is no provision in the Lands Clauses Acts requiring that any additional allowance shall be given in respect of compulsory purchase, nor is there any legal decision to that effect. It is, of course, a well-known practice of surveyors to calculate the market value of property, and then to add a certain percentage to the amount in the name of compulsory purchase. It was no doubt against this practice that the provision was directed. ACT OF 1890— PART I., S. 22. 55 Sub-sect. (2). — The provisions of sub-s. (2) were not contained in the Artizans Dwellings Improvement Act, 1875 (38 & 39 Vict. c. 36), but were added by 42 & 43 Vict. c. 63, and this Act. In the absence of these provisions it is doubtful if the evidence therein mentioned would be admissible. (See Oough v. Mayor of Liverpool (1891), 65 L. T. 512; 55 J. P. 789, a case under a similar provision in a local Act, and, at a later stage, 56 J. P. 367.) In order further to remove doubts it is declared by s. 29 of the Housing, Town Planning, &c. Act, 1909, post, that a local authority may tender evidence before" an arbitrator to prove the facts under the headings 1st, 2ndly, and Srdly of this sub-sect, notwithstanding that the local authority have not taken any steps with a view to remedying the defects or evils disclosed by the evidence. Nuisance. — The Acts relating to nuisances are defined in s. 2, ante, p. 21. As regards the premises being in such a condition as to be a nuisance, see more particularly ss. 41, 47, and 91 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), and s. 2 of the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76). Unfit foe habitation. — -It will be noticed that these words are general, and not limited to houses unfit for sanitary reasons, in respect to which a closing order ought to made under s. 17 of the Housing, Town Planning, &c. Act, 1909,posi, p. 232. They would therefore include dangerous structures and probably houses without sufficient air space round them. (See Hall V. Manchester Corporation (1915), 79 J. P. 385.) 22. Extinction of rights of way and other easements. — Upon the purchase by the local authority of any lands required for the purpose of carrying into effect any scheme, all rights of way, rights of laying down or of continuing any pipes, sewers, or drains on, through, or under such lands, or part thereof, and all other rights or easements in or relating to such lands, or any part thereof, shall be extinguished, and all the soil of such ways, and the property in the pipes, sewers, or drains, shall vest in the local authority, subject to this provision, that com- pensation shall be paid by the local authority to any persons or bodies of persons proved to have sustained loss by this section, and such compensation shall be determined in the manner in which compensation for lands is determinable under this part of this Act, as or near thereto as circumstances admit. "Rights of laying down pipes," &e. — If gas, electric lighting, water and such like companies, desired to have their mains and works protected, it was formerly necessary to have a clause inserted in the confirming Act varying this section and enabling them to retain their mains and pipes. This difficulty has now been met by s. 27 of the Housing, Town Planning, &c. Act, 1909, post, p. 246, which is as a follows : — 56 PART 2.— STATUTES. 27. "An improvement scheme under Part I. of the principal Act may, with the consent of the person or body of persons entitled to any right or easement which would be extinguished by virtue of s. 22 of the principal Act, provide for any exceptions, restrictions, or modifications in the application to that right or easement of that section, and that section shall take effect subject to any such exceptions, restrictions, or modifica- tions." This will enable the local authority or the Local Government Board to make provision in the scheme for most cases that are likely to arise. "Rights or easements." — The meaning of this section is that the land purchased shall be purchased as a clean piece of land, subject to no con- ditions or obligations other than those which exist in the ordinary case of an owner in fee of land over which there are no rights either existing or accruing. (See per Esher, M.R., in Barlow v. Ross (1890), 24 Q. B. D. 381, at p. 391.) That case was decided under the Artizans and Labourers Dwellings Improvement Act, 1875 (38 & 39 Vict. c. 36), but section 20 of that Act was identical with the text. Easements of light and of support and all other rights are therefore destroyed, although, as a matter of fact, the owner of these easements or rights may not suffer any loss, or the loss may not happen until long after the land is taken. Whenever the owner suffers the loss, then his claim to compensation arises under this section. Thus, in the case of an easement of light, it wiU arise when houses are built which obscure that light. {Badham v. Harris (1882), 45 L. T. (n.s.) 579; 52 L. J. Ch. 237 n. ) Li that case the defendant had leased part of the land, subject to a covenant to erect buildings in conformity with the scheme ; the buildings would have blocked the windows of the plaintifi's houses, which were ancient lights, and he claimed an iajunction and damages, which were refused on the ground that his rights were extinguished by the Act, and his remedy was to claim compensation. It was followed in Swainston v. Finn and the Metropolitan Board of Works (1883), 52 L. J. Ch. 235 ; 48 L. T. 634, an action to restrain the defendants from taking down a neigh- bouring house, so as to deprive the plaintiff's house of its right to support : the injunction was refused. In Barlow v. Boss (1890), 24 Q. B. J). 381, the court held that this section extended so far as to prevent an inchoate right to an easement of light from accruing. In that case, at the time the land was taken, the plaintiif had enjoyed an access of light to his house for ten years, and that access had not been obstructed by buUdings until a further ten years had elapsed ; but it was held that he had not gained an easement of light under the Prescription Act by reason of such twenty years' enjoyment, as any benefit due to the first ten years' user had been swept away. All the members of the court expressed an opinion that the owner would be entitled to compensation. Compensation. — The cases which have come before the court under this section have all had relation to easements. The apction, however, includes rights which amount to corporeal interests in land, but wherever a person sustains loss by reason of this section he is entitled to recover compensation. (See the judgments in the Court of Appeal in Barlow v. Boss (1890), 24 Q. B. D. 381.) It must, however, be a loss arising from a right in or relating to the lands acquired which is extinguished by virtue ACT OF 1890— PART I., S. 23. 57 of this section. The same matters which entitle a person to recover com- pensation in respect of lands injuriously afEected under s. 68 of the Lands Clauses Consolidation Act, 1845, will no doubt afford the same right under this section. [Cf. Art. 4, of Sohed. II.) Thus, for example, if the effect of the scheme were such as to render the access to a house more inconvenient either by closing up existing streets or by raising the level of the street, the owner would probably be able to recover compensation. (See Reg. v. Wallasey Local Board (1869), L. R. 4 Q. B. 351 ; Chamberlain v. Wed End and Crystal Palace Rail. Co. (1862), 2 B. & S. 605, 617 ; Metropolitan Board of Works v. Howard (1889), 5 T. L. R. 732 ; and oases collected in Balfour Browne and Allan's Law of Compensation, 2nd ed., pp. 124 et seq.) It has been held on the hearing of a claim for interference with an easement, that evidence of loss of profits and injury to the goodwill of the trade carried on in the building due to the Acts of the council cannot bo admitted. {Re Harvey and London County Council (1909), 1 Ch. 528.) The measure of the compensation would in such a case be the difference in the value of the premises with the easement and the value without it. The decisions under the Lands Clauses Acts as to the measure of com- pensation for land injuriously affected wiU probably apply in most instances to oases under this section. Procedure. — An owner whose right has been destroyed by virtue of this section should not claim compensation for the destruction of his easement or other right until he has actually suffered injury. He should then make his claim against the local authority, and if no agreement is arrived at the parties should refer the matter to the arbitrator, who should proceed according to Art. 7 of Sched. II. If no arbitrator exists for the purpose of the scheme, the local authority ought to apply to the confirming authority to appoint one under Art. 4. If the local authority refuse to apply for the appointment of an arbitrator, then the remedy would appear to be by petition to the High Court, as provided in Art. 23 of Sched. IT., post. 23. Application of lands for accommodation of loorhing classes. — A local authority may, for the purpose of providing accommodation for persons of the working classes displaced hij [in consequence of] any improvement scheme, appropriate any lands for the time being belonging to them which are suitable for the purpose, or may purchase by agreement any such further lands as may be convenient. The word " by " in this section has been repealed, and the words " in consequence of " have been substituted by the Housing, Town Planning, &c. Act, 1909, s. 46, Sched. II., post. In the case of purchase by agreement, ss. 6-15 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), will be applicable, so that limited owners, as therein mentioned, will be entitled to sell. (See s. 20, ante, p. 47. See also, as to tenants for life, s. 74 (1), post, p. 132.) 58 PAET 2.— STATUTES. As to corporations appropriating corporate land, see s. Ill of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 60), p. 117, posl, and s. 74 (2). It is doubtful if this section is sufficient to allow land acquired for a specific piu-pose to be appropriated to housing purposes. As to which see Att.-6en. v. Hanwell U. D. C, [1900] 2 Ch. 377; AU.-Gen. v. Pontypridd V. D. C, [1906] 2 Ch. 257. Land acquired for a specific purpose and not required for that purpose may be appropriated to other purposes with the consent of the Local Government Board under s. 95 of the Public Health Acts Amendment Act, 1907 (7 Edw. VIL c. 53), when that section is in force in the district, provided no nuisance is created. Land acquired for educational purposes may also with the like consent, and subject to the like qualification, be appropriated for other purposes under the Education (Administrative Provisions) Act, 1909, s. 5 (9 Edw. VIL c. 29). Land acquired under Part III. may be appropriated. As to keeping accounts in respect of land so appropriated, see s. 4 of the Housing of the Working Classes Act, 1900 (63 & 64 Vict. c. 59), post, p. 189. A local authority is also empowered to accept donations of land for any purposes of the Housing Acts. (Housins, Town Planning, &c. Act, 1909, s. 8, post, p. 215.) Expenses. 24. Formation of improvement fund for purposes of Act. — (1.) The receipts of a local authority under this part of this Act shall form a fund (in this Act referred to as " the Dwelling- house Improvement Fund "), and their expenditure shall be defrayed out of such fund. (2.) The moneys required in the first instance to estabUsh such fund, and any deficiency for the purposes of this part of this Act from time to time appearing in such fund by reason of the excess of expenditure over receipts, shall be supplied out of the local rates or out of moneys borrowed in pursuance of this Act. (3.) In settling any accounts of the local authority in respect of any transactions under this part of this Act, care shall be taken that as far as may be practicable all expenditure shall ultimately be defrayed out of the property dealt with under this part of this Act ; and any balances of profit made by the local authority under this part of this Act shall be applicable to any purposes to which the local rate is for the time being applicable. (4.) Any limit imposed on or in respect of local rates by any other Act of Parliament shall not apply to any rate required ACT OF 1890— PART I, SS. 24, 25. 59 to be levied for the purpose of defraying any expenses under this part of this Act. (5.) The local authority may carry to the account of the Dwelling-house Improvement Fund any such money or pro- duce of any property, as is legally applicable to purposes similar to the purposes of this part of this Act ; and in case of doubt as to whether, in any particular case, the purposes are so similar the confirming authority may decide such doubt, and such decision shall be conclusive. Sub-sect. (2). — No deficiency in the fund can be supplied out of borrowed money unless the deficiency arises in respect of money required for purposes to which borrowed money is, in the opinion of the Local Government Board, properly applicable. (Housing, Town Planning, &c. Act, 1909, s. 30, post. For borrowing powers see s. 25, infra. ) As to the meaning of " local rates," see s. 92, post, p. 142, and Sched. I., col. 3, post, p. 153. In London the expenses incurred by the Coimty or City Council under Part III. of this Act are defrayed out of this fund. (Section 65, post, p. 123.) Sub-sect. (3). — By s. 80, post, p. 139, the local authority and their officers are required to keep separate accounts of their receipts and ex- penditure under each part of the Act. By s, 4 of the Housing of the Working Classes Act, 1900 (post, p. 189), if land acquired under Part III. is appropriated for the re-housing of persons displaced under this part, the receipts and expenditure in respect of that land and of any buildings erected thereon, may be treated as receipts and expenditme under this part, but must be accounted for under a separate head. As to any other sums, it would probably be prudent to obtain the decision of the Local Government Board pursuant to sub-s. (5) before carrying them to this account, as it is not clear what money is legally apphcable to purposes similar to the purposes of this part of the Act, except perhaps donations for the purpose. As to which see s. 8 of the Housing, Town Planning, &c. Act, 1909, post, p. 215. 25. Power of borrowing money for the furfoses of Part I. of Act. — (1.) A local authority may, in manner in this section mentioned, borrow such money as is required for the purposes of this part of this Act on the security of the local rate. (2.) For the purpose of such borrowing, the London County Council may, with the assent of the Treasury, create con- solidated stock under the Metropolitan Board of Works Loans Acts, 1869 to 1871, but all moneys required for the payment of the dividends on and the redemption of the consoKdated 60 PART 2.— STATUTES. stock created for the purposes of this part of this Act shall be charged to the special county account to which the expendi- ture for the purposes of this part of this Act is chargeable. (3.) For the purpose of such borrowing, the Commissioners of Sewers for the City of London may bocrow and take up at interest such money on the credit of the local rates, or any of them, as they may require for the purposes of this part of this Act, and may mortgage any such rate or rates to the persons by or on behalf of whom such money is advanced for securing the repayment to them of the sums borrowed, with interest, thereon, and for the purposes of any mortgages so made by the Commissioners of Sewers, the clauses of the Commissioners Clauses Act, 1847, with respect to the mortgages to be executed by the Commissioners shall be incorporated with this part of this Act ; and in the construction of that Act " the special Act " shall mean this part of this Act ; " the commissioners shall mean the Commissioners of Sewers ; " the clerk of the commissioners " shall include any officer appointed for the purpose by the Commissioners of Sewers by this part of this Act ; and the mortgagees or assignees of any mortgage made as last aforesaid may enforce payment of the arrears of principal and interest due to them by the appointment of a receiver. (4.) For the purpose of such borrowing, the urban sanitary authority shall have the same power of borrowing as they have under the Public Health Acts for the purpose of defraying any expenses incurred by them in the execution of those Acts. (6.) The Public Works Loan Commissioners may, on the recommendation of the confirming authority, lend to any local authority any money required by them for purposes of this part of this Act, on the security of the local rate. Such loan shall he repaid within such period, not exceeding fifty years, as may be recommended hy the confirming authority. Sub-sect. (1). " Local Aitthoeity " and " Local rate " are defined in s. 92, post, and Sched. I., post. This section has been amended by extending the maximum period for which money may be borrowed to eighty years. (Housing of the Working Classes Act, 1903, s. 1, post.) Sub-sect. (2). "London County Council." — The Metropolitan Board of Works (Loans) Acts, 1869-71, were repealed by the London County ACT OF 1890— PART I., S. 25. 61 Council (Finance Consolidation) Act, 1912 (2 & 3 Geo. V. c. cv. s. 48), which provided that general references in any Act to the Metropolitan Board of Works (Loans) Act, 1869, and the Acts amending the same, shall be con- strued as a reference to this Act. By s. 3 of this consolidating Act it is also provided that the council may borrow in accordance with that Act and of the annual Money Acts, but not otherwise, except temporarily. The special county account here referred to is evidently the Dwelling- house Improvement Fund mentioned in s. 24 (1), ante, p. 58. In order to give effect to the provision extending the maximum period of borrowing to eighty years (see last note), the period of eighty years was substituted for sixty years in s. 27 of the Metropolitan Board of Works (Loans) Act, 1869 (32 & 33 Vict. c. 102). (Housing of the Working Classes Act, 1903, s. 15.) As to which see now s. 12 (3) of the London County Council (Finance Consolidation) Act, 1912. The local rate upon which these loans may be secured is the county fund, Sched. I., post, p. 163 ; and as to what the county fund is, see s. 68 of the Local Government Act, 1888 (51 & 52 Vict. c. 41). Sub-sect. (3). " City of London." — The Commissioners of Sewers have now ceased to exist, and their powers and duties have been trans- ferred to the common ooiincil of the city of London (City of London Sewers Act, 1897 (60 & 61 Vict. c. cxxxiii.). By the City of London Sewers Acts, 1848 and 1851 (11 & 12 Vict. c. clxiii. and 14 & 15 Vict. c. xci.), they were empowered to levy a sewers rate and a consolidated rate. These rates are defined as the local rate, upon the security of which the money mentioned in the text may be borrowed. They are now leviable with other rates as one rate (City of London Union of Parishes Act, 1907 (7 Edw. VII. c. cxl.). (See Sched. I., post, p. 153.) They had borrowing powers under 38 Vict. 0. iv. The common council have now the same powers of making rates as the commissioners, and in every Act of Parliament, so far as applicable, the common council shall be read and have effect for the Com- missioners of Sewers. The clauses of the Commissioners Clauses Act, 1847 (10 & 11 Vict. c. 16), referred to in the text, are ss. 75-88. As to appointing a receiver, see ss. 86 and 87 of that Act. Sub-sect. (4). Ukban Districts. — The borrowing powers in urban districts will be found in ss. 233-243 of the Public Health Act, 1875 (38 & 39 Vict. c. 55). The consent of the Local Government Board will be neces- sary in each case. The maximum period for which money may be borrowed for purposes of the Housing Act^s has been extended to eighty years instead of sixty as provided in the Public Health Act, 1875, s. 234, and the money borrowed for these purposes is not reckoned in the limitation on borrowing powers in sub-ss. 2 and 3 of that section. (Housing of the Working Classes Act, 1903, s. 1. See note thereto.) The local rate will, in most cases, be the general district rate, or the borough rate. (See Sched. I., post, p. 153.) Sub-sect. (5). Public Woeks Loan Commissionbes. — The confirming authority is now the Local Government Board. (See s. 8, (2), ante, p. 32. For definition of local rate se3 s. 92, post, p. 147, and Sched. I. ) The words in italics have been repealed by the Housing, Town Planning, &c. Act, 1909, s. 75 and Sched. VI. (see post, pp. 275, 285). By s. 3 of that Act, post. 62 PART 2.— STATUTES. p. 211, the period for which the loan may be made is extended to such period not exceeding eighty years as the Local Government Board may recommend, and the rate of interest is to be the minimum rate allowed for the time being for loans out of the Local Loans Funds, and as between loans for different periods, the longer duration of the loan is not to be taken as a reason for fixing a higher rate. By the Public Works Loans Act, 1897 (60 & 61 Vict. c. 51), the rates of interest at which loans may be made out of the Local Loans Funds on the security of the local rates may be fixed by the Treasury from time to time, and shall be such rates not less than 2| per cent, per annum as in the opinion of the Treasury are sufficient to enable such loans to be made without loss. By a Treasury minute of Aug. 6, 1915, the rate for loans to local authorities for any purposes of the Housing Acts and the Small Holdings Act, for any period, was fixed at 4J per cent. General Provisions. 26. Provision in case o/ aisence of medical officer of health. — In case of the illness or unavoidable absence of a medical officer of health, the authority, board, or vestry who appointed him may (subject to the approval of the confirming authority) appoint a duly qualified medical practitioner, for the period of six months, or any less period to be named in the appoint- ment. Section 191 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), pro- vides for the appointment of a deputy medical officer of health, and so also does the Public Health (London) Act, 1891 (54 & 55 Vict. o. 76), s. 109, and see also s. 40 of the Local Government Act, 1888 (51 & 52 Vict. c. 41). This section appears, therefore, to be unnecessary. See also s. 79, post, p. 138, conferring all necessary powers upon a deputy medical officer of health. 27. Power of confirming authority as to advertisements and notices. This section was repealed by the Housing, Town Planning, &c. Act 1909, Sohed. VI., and s. 41 (1) of that Act, p. 256, post, gives the Local Government Board general power to prescribe forms of notices, advertise- ments, &o., under the Housing Acts. That section also provides that the forms so prescribed, or forms as near thereto as circumstances admit, shall be used in all cases to which these forms are applicable. Forms of advertisements and notices, as required by s. 7, ante, p. 29 were prescribed by the Local Government Board by Order of Nov. 19* 1910. They will be found in Part 4, post. 28. Power of confirming authority to dispense with notices in certain cages. ACT OF 1890— PART II., S. 29. 63 This section has been repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI. ; and s. 41 (2) and (3) (see post, p. 256) practicaUy re-enacts it, and makes it generally applicable to the different parts of the Housing Acts. PAET II. This part of the Act (ss. 29-52) consolidates and amends the Artizans and Labourers Dwellings Act, 1868 (31 & 32 Vict. o. 130), and Acts amend- ing it, namely. Acts of 1879 (42 & 43 Vict. c. 64, and 43 Vict. c. 8) ; of 1882 (45 & 46 Vict. c. 54, Part II.) ; and 1885 (48 & 49 Vict. c. 72). It applies to every sanitary district. It has been in part repealed and largely amended by the Housing of the Working Classes Act, 1903, and the Housing, Town Planning, &c. Act, 1909, post. The effects of the amendments are set out in the notes ; repeals and minor amendments are shown in the text. Unhealthy Dwelling-Houses. Preliminary. 29. Definitions. — In this part of this Act, unless the context otherwise requires — • The expression " street " includes any court, alley, street, square, or row of houses : The expression " dwelHng-house " means any inhabited luildiMg, and includes any yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith, and includes the site of the dwelling-house as so defined. The expression " owner," in addition to the definition given by the Lands Clauses Acts, includes all lessees or mortgagees of any premises required to be dealt with under this part of this Act, except persons holding or entitled to the rents and profits of such premises for a term of years, of which twenty-one years do not remain unexpired [under a lease the original term whereof is less than twenty-one years]. The expression " closing order " means an order prohibiting the use of premises for human habitation made under the enactments set out in the Third Schedule in this Act. 6i PART 2.— STATUTES. "Street." — This definition is much more restricted than that under the Public Health Acts, which has led to much litigation. In this Act it is used in its more natural and popular sense as a roadway with houses on each side, but is extended to alleys, courts and squares, and also to a roadway with a row of houses on one side only. It apparently includes private as well as public streets. (Cf. Taylor v. Corporation of Oldham (1876), 4 Ch. D. 395.) As to the meaning of the word " court " see Merrick V. Liverpool Corporation (1910), 74 J. P. 445. This definition has been extended to Part I. of this Act by the Housing, Town Planning, &c. Act, 1909, s. 48. " Dwelling-house." — The words in italics were repealed by the Housing, Town Planning, &c. Act, 1909, s. 49 (1), Sched. VI., and the effect of such repeal is to make the definition include all dwelling-houses whether in- habited or not. Under s. 32, which is repealed, uninhabited houses could be closed. {Robertson v. King, [1901] 2 K. B. 265.) It should be noted that there is nothing in the definition to limit dwelling-houses to those of the artisan or working classes, and there is no preamble to this Act to limit the Act to such houses. The preamble to the Artisans and Labourers Dwellings Act, 1868 (31 & 32 Vict. c. 130), from which this definition is adapted, would seem to imply such a limitation ; but it is extremely doubtful if it can be read into this definition. As to the use of the term in a closing order in respect to one building containing several separate dwellings, see note, p. 236, post. " Owner." — A new definition of " owner" is given in s. 49 (2) of the Housing, Town Planning, &c. Act, 1909, post, but it is exactly the same as the one in the text, with the exception of the words in italics, for which are substituted the words — " under a lease the original term whereof is less than twenty-one years." The effect of this is to extend the meaning of " owner " to all persons who hold leases originally granted for a term of twenty-one years or over independently of the time remaining un- expired. The repeal of s. 32 and Sched. III. of the principal Act removes considerable difficulties as to reconciling the definitions in the Public Health Acts and this Act. As to which, see Osborne v. Skinners Co. (1891), 60 L. J. M. 0. 156. The following case was decided under the old definition, but it is not without value. A tenant of premises was in possession as assignee of a, lease of which there remained only a few months unexpired, and he was also the assignee of another lease of the same premises for twenty-one years commencing on the expiration of the first lease, and it was held that, although the interest of the tenant in the new lease was in law only an interesse termini, he had such an interest in the premises at the time when the proceedings were initiated by service of the notices upon him as to make him " owner " within the meaning of the section. When the tenant did the work under the notice and under an order for demolition, there were less than twenty-one years unexpired, but it was further held that the time to be looked at in order to determine who is owner for the purposes of the Act was the date of the service of the notices and not of the making of the order for demolition. {Beg. v. Vestry of St. Man/lehcne (1887), 20 Q. B. D. 415 ; 62 J. P. 534.) ACT OF 1890— PART II., S. 30. 65 The only definition of the word " owner " in the Lands Clauses Acts is that contained in s. 3 of the Act of 1845. It provides that " where under the provisions of this or the special Act, or any Act incorporated therewith, any notice shall be required to be given to the owner of any lands, or where any Act shall be authorised or required to be done with the consent of any such owner, the word ' owner ' shall be understood to mean any person or corporation who, under the provisions of this or the special Act, would be enabled to sell and convey lands to the promoters of the undertaking." Under s. 7 of that Act, all parties seised, possessed of or entitled to any such lands or any estate or interest therein, may sell, and particularly " corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and years, or for years, or any less interest." " Closing order." — ^This definition has not .been expressly repealed, but it has been impliedly so, for Sched. III. is repealed by the Housing, Town Planning, &c. Act, 1909. Sched. VI. and s. 47 (2) thereof provides that any reference in the Housing Acts to a closing order shall be construed as a reference to a closing order under that Act. By s. 17 (2) thereof, post, p. 68, an order of the local authority prohibiting the use of the dweUing- house for human habitation, is what is referred to as a closing order. Buildings unfit jor Human Habitation. 30. Bepresentation by medical officer of health. — It shall be the duty of the medical officer of health of every district to represent to the local authority of that district ^ny dwelling- house which appears to him to be in a state so dangerous or injurious to health as to be unfit for human habitation. " Of every district." — District and local authority are defined in s. 92, post, p. 147, with reference to Sched. L, post, p. 15l. This part of the Act applies to both rural and urban districts, for which the local authorities are the district council, or borough council, as the case may be ; to the city of London, of which the common council is now the local authority ; and to the various metropolitan boroughs. "To represent." — This representation by s. 79 (2) must be in writing, which by the Interpretation Act, 1889 (52 & 53 Vict. c. 63), includes printing, lithography, and other modes of representing words in a visible form, so that it may be type-written. As to the duty of the local authority to cause an inspection to be made for the purpose of discovering such houses, see s. 17 (1) of the Housing, Town Planning, &c. Act, 1909, post, p. 68. A.H. P 66 PART 2.— STATUTES. " Dangerous or injurious to health." — In a Scottish case a point was raised as to whether or not the words " dangerous " and " injurious ' when used in a closing order were alternative with one another. The Coiut were of opinion that these words as used in these Acts were not alternative, but cumulative, and that the second word was exegetical of the first. {Kirkpatrich v. Maxwelltovm Burgh (1912), S. C. 288.) A question may arise as to whether a house which is not properly ventilated by reason of the insufficient air space around it, although otherwise in good order, is in a_ state so dangerous or injurious to health as to be unfit for human habitation. On this point see Hall v. Manchester Corporation (1914), 78 J. P. 315 (a case on the construction of a local Act), and more particularly the judgment of Btjcklby, L. J., at p. 317. Affirmed House of Lords (1915), 79 J. P. 385. Structural defects likely to lead to accident, and such want of repair a,s would not tend to cause the health of the occupier to suffer from a sani- tary point of view, do not appear to come within the meaning of this section, although they might render the house reasonably unfit for habi- tation within the meaning of s. 75, post, and s. 15 of the Housing, Town Planning, &c. Act, 1909, post. By s. 17 (7) of the Housing, Town Planning, &c. Act, 1909, certain cellar dwelluigs are after July 1, 1910, to be deemed so dangerous or in- jurious to health as to be unfit for human habitation. By s. 43 of the same Act certain back to back houses are to be deemed " vmfit for human habita- tion," but the words " so dangerous or injurious to health " are omitted. By s. 48 (1) of the Public Health (London) Act, 1891 (54 & 55 Vict, c. 76), it is provided that an occupied house in London without a proper and sufficient supply of water shaU be a nuisance liable to be dealt with summarily under that Act, and if it is a dweUiag house shall be deemed unfit for human habitation. A house let in tenements is also to be deemed unfit for human habitation if a reasonable supply of water is not available for the different floors. (London County Council (General Powers) Act, 1907. ) Buildings in London which are structurally dangerous, whether dangerous to the inmates or the public, and neglected structures, may be dealt with under the London Building Act, 1894 (57 Vict. c. ccxiii.). Part IX., ss. 102-117. It was decided in London County Council v. Herring (1894), 2 Q. B. 522, that these provisions as to dangerous buildings were not confined to buildings dangerous to the public. In urban districts buildings dangerous to neighbours or passengers from structural defects or want of repair may be dealt with under the sections of the Towns Im- provement Clauses Act, 1847 (10 fell Vict. o. 34), with respect to ruinous or dangerous buildings which are incorporated in the Public Health Act, 1875 (38 & 39 Vict. c. 55), by s. 160. In deciding whether a house is unfit for human habitation the standard to be applied is that of the ordinary reasonable man, and it does not follow that a whole building is unfit for human habitation because certain rooms are unfit, see Hall v. Manchester Corporation (1915), 79 J. P. 385, p. 389. 31. Beprescntation on householders' complaint— {\.) If in any district any four or more householders living in or near to ACT OF 1890— PART II., 8. 31. 67 any street complain in ■writing to the medical officer of health of that district that any dwelKng-house in or near that street is in a condition so dangerous or injurious to health as to be unfit for human habitation, he shall forthwith inspect the same, and transmit to the local authority the said complaint, together with his opinion thereon, and if he is of opinion that the dwelling- house is in the condition aforesaid, shall represent the same to the local authority, but the absence of any such complaint shall not excuse him from inspecting any dwelling-house and making a representation thereon to the local authority. (2.) If within three months after receiving the said com- plaint and opinion or representation of the medical officer, the local authority, not being in the administrative county of London, or not being a rural sanitary authority in any other county, declines or neglects to take any proceedings to put this part of this Act in force, the householders who signed such complaint may petition the Local Government Board for an inquiry, and the said 'Board after causing an inquiry to be held may order the local authority to proceed under this part of this Act, and such order shall be binding on the local authority. Sub-sect. (1). — This sub-section extends to every district, urban, rural or metropolitan. Under the Local Government Act, 1894 (57 & 58 Vict. c. 73), s. 6 (2), it is further provided that " a parish council shall have the same power of making any complaint or representation as to unhealthy dwellings or obstructive buildings as is conferred on inhabitant householders by the Housing of the Working Classes Act, 1890, but without prejudice to the powers of such householders." The expression house- holder is not defined, but evidently means an inhabitant householder, but would probably not include a lodger. The medical officer of health must transmit his opinion to the local authority whether he thinks the house is unfit for habitation or not, but there is no remedy provided in the Act in the case of failure to do so on his part. His representation must be in writing, see s. 79 (2), post, p. 138. Sub-sect. (2). — This sub-section applies only to boroughs and urban districts. In the County and City of London and in rural districts the same purpose was served by the provisions of s. 45, post, p. 98, but both that section and the latter part of this section are to some extent over- ridden by the Housing, Town Planning, &c. Act, 1909, s. 10, post, which gives the Local Government Board greater power of ordering authorities in default to remedy such default and to enforce such order by mandamus. As to the holding of an inquiry, see s. 85, p. 142, post. 68 PART 2.— STATUTES. Closing Order and Demolition. 32. Duty o/ local authority as to closing of dwelling-house unfit Jar human habitation. 33. Order for demolition oj house unfit for habitation. Sects. 32 and 33 were repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI., and a complete newprocedure was substituted by ss. 17 and 18 of that Act. The repealed sections had been amended by s. 8 of the Housing of the Working Classes Act, 1903, which is likewise repealed. For convenience ss. 17 find 18 of the Act of 1909 are here set out. They will be found fully noted at pp. 232, 240, post. [1909 Act] 17. Duty of local authority as to closing of dwelling- house unfit for human habitation. — (1.) It shall be the duty of every local authority within the meaning of Part II. of the principal Act to cause to be made from time to time inspection of their district, with a view to ascertain whether any dwelling- house therein is in a state so dangerous or injurious to health as to be unfit for human habitation, and for that purpose it shall be the duty of the local authority, and of every officer of the local authority, to comply with such regulations and to keep such records as may be prescribed by the Board. (2.) If, on the representation of the medical officer of health, or of any other officer of the authority, or other informa- tion given, any dwelhng-house appears to them to be in such a state, it shall be their duty to make an order prohibiting the use of the dwelling-house for human habitation (in this Act referred to as a closing order) until in the judgment of the local authority the dweUing-house is rendered fit for that purpose. (3.) Notice of a closing order shall be forthwith served on every owner of the dwelling-house in respect of which it is made, and any owner aggrieved by the order may appeal to the Local Government Board by giving notice of appeal to the Board within fourteen days after the order is served upon him. (4.) Where a closing order has become operative, the local authority shall serve notice of the order on every occupying tenant of the dwelling-house in respect of which the order is made, and, within such period as is specified in the notice, not being less than fourteen days after the service of the notice, the order shall be obeyed by him, and he and his family shall ACT OF 1890— PART II. 69 cease to inhabit the dwelling-house, and in default he shall be liable on summary conviction to be ordered to quit the dwelling- house within such time as may be specified in the order. (5.) Unless the dwelling-house has been made unfit for habitation by the wilful act or default of the tenant or of any person for whom as between himself and the owner or landlord he is responsible, the local authority may make to every such tenant such reasonable allowance on account of his expense in removing as may be determined by the local authority with the consent of the owner of the dwelling-house, or, if the owner of the dwelling-house fails to consent to the sum deter- mined by the local authority, as may be fixed by a court of summary jurisdiction, and the amount of the said allowance shall be recoverable by the local authority from the owner of the dwelling-house as a civil debt in manner provided by the Summary Jurisdiction Acts. (6.) The local authority shall determine any closing order made by them if they are satisfied that the dwelling-house, in respect of which the order has been made, has been rendered fit for human habitation. ' If, on the application of any owner of a dwelling-house, the local authority refuse to determine a closing order, the owner may appeal to the Local Government Board by giving notice of appeal to the Board within fourteen days after the application is refused. (7.) A room habitually used as a sleeping place, the surface of the floor of which is more than three feet below the surface of the part of the street adjoining or nearest to the room, shall for the purposes of this section be deemed to be a dwelling- house so dangerous or injurious to health as to be unfit for human habitation, if the room either — (a.) is not on an average at least seven feet in height from floor to ceiling ; or (b.) does not comply with such regulations as the local authority with the consent of the Local Government Board may prescribe for securing the proper ventila- tion and lighting of such rooms, and the protection thereof against dampness, effluvia, or exhalation : 70 PAET 2.— STATUTES. Provided that if the local authority, after being required to do so by the Local Government Board, fail to make such regulations, or such regulations as the Board approve, the Board- may themselves make them, and the regulations so made shall have effect as if they had been, made by the local authority with the consent of the Board : Provided that a closiag order made in respect of a room to which this sub-section applies shall not prevent the room being used for purposes other than those of a sleeping place ; and that, if the occupier of the room after notice of an order has been served upon him fails to comply with the order, an order to comply therewith may, on summary conviction, be made against him. This sub-section shall not come into operation until the first day of July nineteen hundred and ten, and a closing order made in respect of any room to which this sub-section applies shall not be treated as a closing order in respect of a dwelling- house for the purposes of the next succeeding section. [1909 Act] 18. Order for demolition. — (1.) Where a closing order in respect of any dwelling-house has remained operative for a period of three months, the local authority shall take into consideration the question of the demolition of the dwelling- house, and shall give every owner of the dwelling-house notice of the time (being some time not less than one month after the service of the notice) and place at which the question wiU be considered, and any owner of the dwelling-house shall be entitled to be heard when the question is so taken into consideration. (2.) If upon any such consideration the local authority are of opinion that the dwelling-house has not been rendered, fit for human habitation, and that the necessary steps are not being taken with all due diligence to render it so fit, or that the continuance of any building, being or being part of the dwelling-house, is a nuisance or dangerous or injurious to the health of the pubUc or of the inhabitants of the neighbouring dwelling-houses, they shall order the demoUtion of the building. (3.) If any owner undertakes to execute forthwith the works necessary to render the dwelhng-house fit for human ACT OF 1890— PART II, S. 34. 71 habitation, the local authority consider that it can be so rendered fit for human habitation, the local authority may, if they think fit, postpone the operation of the order for such time, not exceeding six months, as they think sufficient for the purpose of giving the owner an opportunity of executing the necessary works. (4.) Notice of an order for the demolition of a building shall be forthwith served on every owner of the building in respect of which it is made, and any owner aggrieved by the order may appeal to the Local Government Board by giving notice of appeal to the Board within twenty-one days after the order is served upon him. A closing order may become operative under s. 15 (4) of the Housing, Town PlanniQg, &c. Act, 1909 (see note thereto, p. 227, post), as well as under s. 17. There is no form of notice of a demolition order, but it is intended that the notice shall be the order or a copy of the order and the note as to appeal is a material part (see Bayner v. Stepney Corporation, [1911] 2 Ch. 312). It does not appear to be necessary that the notice should be under seal, although the order should be (see s. 86, post, p. 144). 34. Execution of an order jor demolition and- provision as to site. — (1.) Where an order for the demoHtion of a building has been made, the owner thereof shaU, within three months after service of the order [the order becomes operative], proceed to take down and remove the building, and if the owner fails therein the local authority shall proceed to take down and remove the building and shall sell the materials, and after deducting the expenses incident to such taking down and removal, pay over the balance of money (if any) to the owner. (2.) Where a building has been so taken down and removed no house or other building or erection which will be dangerous or injurious to health shall be erected on aU or any part of the site of such building ; and if any house, building, or erection is erected contrary to the provisions of this section, the local authority may at any time order the owner thereof to abate the same, and in the event of non-compliance with the order may, at the expense of the owner, abate or alter the same. Sub-sect. (1). — The word " building " evidently means a dwelling-house or -part of a dwelling-house (see Housing, Town Planning, &c. Act, 1909, 72 PART 2.— STATUTES. s. 18 (2) and s. 47), and would not include a building of which a dwelling- house formed part as in the case of a tenement in a large block. Three months mean three calendar months (Interpretation Act, 1889, 52 & 53 Vict. c. 63, s. 3). A court of summary jurisdiction cannot now enlarge the time allowed for the demolition of a building. Housing, Town Planning, &c. Act, 1909, s. 21, and Sched. VI., repealing part of s. 47 of the principal Act which gave such power. The words in italics have been repealed, and there have been substi- tuted for them the words " the order becomes operative." Housing, Town Planning, &c. Act, 1909, Sched. U.,post, p. 283. By s. 39 (1 ) of the same Act, an order does not become operative until the time within which an appeal can be made has elapsed without an appeal, or, in case an appeal is made, the appeal is determined or abandoned. The order does not provide which owner is to pull down the building, nor how the balance of money, if any, is to be divided among the owners. If the amount realised by the sale of materials is not sufficient to cover the expenses incident to the taking down and removal of the building, the local authority may recover the deficiency from the owner of the building as a civil debt under the Summary Jurisdiction Acts, or under the provisions of the Public Health Acts relating to private improvement expenses (Housing of the Working Classes Act, 1903, s. 9, post, p. 199). Sub-sect. (2). — Obdeb, the ownbb to abate. — This matter is left whoUy in the discretion of the local authority, subject to the right of appeal given by the next section. The order must be under seal and signed by the clerk (s. 86, post, p. 144). The owner is not necessarily the person who may have been ordered to pull down the building, but may be a subsequent owner who has acquired the site. Byelaws as to new buildings will probably render this sub-section unnecessary except in cases where the erection of the building may prove dangerous to the health of the inhabitants of neighbouring dwelling-houses, as by excluding the air from them. There is no provision as to how the expense is to be recovered, but probably it will be recoverable as a debt. 35. Appeal against order of local authority. — (1.) Any person aggrieved by an order of the local authority under this part of this Act, may [if he is not entitled to appeal to the Local Government Board against the order] appeal against the same to a court of quarter sessions, and no work shall be done nor proceedings taken under any order until after the appeal is determined or ceases to be prosecuted ; and section thirty-one of the Summary Jurisdiction Act, 1879, respecting appeals from courts of summary jurisdiction to courts of quarter sessions, shall apply with the necessary modifications as if the order of the local authority were an order of a court of summary jurisdiction. ACT OF 1890— PART II., S. 35. 73 (2.) Provided that— (a.) Notice of appeal may be given within one month after notice of the order of the local authority has been served on such person ; (b.) The court shall, at the request of their party, state the facts specially for the determination of a superior court, in which case the proceedings may be removed into that court. Amendment of section. — The operation of this section has been very much curtailed by the Housing, Town Planning, &o. Act, 1909, Sched. II., which provides that the words "if he is not entitled to appeal to the Local Government Board against the order " shall be inserted after the word " may " where it first occurs. In the case of closing and demolition orders the appeal now lies to the Local Government Board. (See ss. 17 and 18 of that Act, ante, pp. 68 and 70.) "Person aggrieved." — This is not a technical expression; the words are ordinary English words which are to have the ordinary meaning put upon them. A " party grieved " is a person who exists, and on account of his existence and his grievance the statute gives him a remedy (see per Bbamwell, L.J., in Robinson v. Curry (1881), 7 Q. B. D. 465, at p. 470). The test is usually whether the party coiild have maintained an action if the local authority had acted ultra vires {ibid., p. 471). Lessees who are not owners are probably persons aggrieved within the meaning of this section. "By an order." — This is an order of the local authority. The orders which a local authority can make from which an appeal would lie are the order to abate, s. 34 (2) ; the order granting a charge, s. 36 (1) ; and the order to abate, under s. 38 (10). "Served on such person." — That is, on a person aggrieved, and which expression includes more than the owner (see note, supra). For manner of service, see s. 49, post, p. 108. "State the facts specially." — This can only apply to cases where there is a dispute arising as to what inferences are to be drawn in law or other- wise from the facts ; the facts themselves must be found by the court of quarter sessions. This case shall be deemed to be an appeal, and shall be heard by a Divisional Court, and the determination by the Divisional Court shall be firnl unless leave to appeal is given by that court, or by the Court of Appeal. (Judicature Act, 1894 (57 & 58 Vict. c. 16), ss. 1 (5) and 2.) By s. 40 of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), it is provided that a writ of certiorari or other writ shall not be required for the removal of any order or other determination, in relation to which a special case is stated by a court of general or quarter sessions for obtain- ing the judgment of a superior court. In Clarke v. Alderbury Union Assess- ment Committee (1881), 29 W. R. 334, the clerk of the peace, upon the 74 PART 2.— STATUTES. request of the solicitor of the party requiring it, transmitted the special case to the Crown Office. (See R. S. C, Order 34, on procedure as to special cases.) 36. Grant of charges hy way of annuity to owner on com- pletion of works. — (1.) Where any owner has completed in respect of any dwelling-house any works required to be executed by an order of a local authority under this part of this Act, he may apply to the local authority for a charging order, and shall produce to the local authority the certificate of their surveyor or engineer that the woAs have been executed to his satisfaction, and also the accounts of and vouchers for the costs, charges and expenses of the works, and the local authority, when satisfied that the owner has duly executed such works, and of the amount of such costs, charges, and expenses, and of the costs of obtaining the charging order which have been properly incurred, shall make an order accordingly charging on the dwelling-house an annuity to repay the amount. (2.) The annuity charged shall be a sum of six pounds for every one hundred pounds of the said amount and so in pro- portion for any less sum, and shall commence from the date of the order, and be payable for a term of thirty years to the owner named in such order, his executors, administrators, or assigns. (3.) Every such annuity may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the dwelUng-house by the owner thereof. (4.) Charging orders made under this section shall be made according to the Form marked A. in the Fifth Schedule to this Act, or as near thereto as the circumstances of the case wiU admit. " Any owner." — For definition of " owner " see note to s. 29, ante, p. 63, and s. 49 (2) of the Housing, Town Planning, &c. Act, 1909, post. There may be several persons who may be owners, within that definition, of one and the same dweUing-house. The object of this section was to provide that whichever owner executed the works, that owner could obtain an order charging the whole ownership with an annuity, and thus be able to make the other owners bear their proportionate share of the expense. See next section as to the incidence of the charges. ACT OF 1890— PART II., S. 36. 75 ■'Works required ... by an order of the local authority." — There is some doubt as to whether this section is now applicable save in regard to charging orders made previously to this Act. The section was taken from s. 25 of the Artisans and Labom-ers Dwellings Act, 1868 (31 & 32 Vict. c. 130). Under that Act the local authority could order specific works to be done to a dweUing-house. Works now done under a closing order are done in consequence of the order, and are not required by the order. A demolition order (see form in Part 4) does not order the owner to pull down the building, although s. 34, ante, requires him to do so if the order is made, but there is no power to charge a new building on the same site. In this connection it may be noted that Sched. V., which contained the form of charging order, has been repealed (see infra). The local authority can specify certain works to be done rmder s. 15 of the Housing, Town Planning, &c. Act, 1909, but it wiU be seen that the above section is limited to works done by an order of a local authority under this part of this Act. Section 15 may not fall under this part — that is. Part II. of the Act — it falls rather within Part IV. As to construing the different parts and amendments, see Arlidge v. Scrase, [1915] 3 K. B. 325. "A charging order." — This order is made by the local authority, and any person aggrieved by it may appeal under the last section to quarter sessions. It charges the house itself, which by the definition includes the site, and takes precedence of mortgages and all other charges, except those mentioned in s. 37 (1) as amended by the Housing, Town Planning, &c. Act, 1909, s. 20, post. That Act, by s. 20, Sched. VI., has repealed Sched. V. of this Act, so that sub-s. (4) is inoperative. The Local Government Board has power to prescribe forms of orders under s. 41 of the later Act. Recovery of annuity. — The annuity may be transferred like a mortgage or Tentcharge (s. 37 (5), post), and the person entitled for the time being can recover the annuity in the same way as if it were a rent-chai-ge. Under s. 27 of the Artisans and Labourers Dwellings Act, 1868 (31 & 32 Vict. c. 130), which was similar to the above sub-s. (3) of this section, it was held that the Act does not place the liability in respfect of the rent- charge on any person but that the premises were charged with it, and that the tenant in possession is liable during the continuance of his estate. {Hyde v. Berners (1889), 53 J. P. 453.) In that case Stephen, J., said that in the section " owner " meant freeholder and not statutory owner. See also Birmingham Corporation v. Baker (1881), 17 Ch. D. 782. Section 44 of the Conveyancing Act, 1881 (44 & 45 Vict. c. 41), provides the remedies for the recovery of rentcharges. These may be recovered by means of (1) a distress after twenty-one days from the time appointed for payment ; (2) entry into possession of the land charged, if charge unpaid for forty days ; (3) by demise of the land, it charge unpaid for forty days, to a trustee for a term of years on trust by mortgage, or sale, or demise, or by receipt of income, or by all of those means to raise and pay the annual sum and allowances due. A rentcharge may also be recovered by an action. ( Thomas v. Sylvester (1873), L. R. 8 Q. B. 368 ; Hyde v. Berners, supra ; Booth v. Smith (1883), 76 PART 2.— STATUTES. 47 J. P. 749 ; Be Herbage Bents, Greenwich, [1896] 2 Ch. 811 ; PeHwee v. Townsend, [1896] 2 Q. B. 129. As to the effect of the Statute of Limitations, see Jones v. Withers (1898), 74 L. T. 572.) Redemption of Annuity. — ^Any owner of or other person interested in a dweUing-house on which an annnity has been charged by a charging order under this section, is at any time at liberty to redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement determined by the Local Govern- ment Board. (Housing, Town Planning, &c. Act, 1909, s. 19, post.) 37. Incidence of charge. — (1.) Every charge created by a charging order under this part of this Act shall be a charge on the dwelling-house specified in the order, having priority over all existing and future estates, interests, and incumbrances, with the exception of quitrents and other charges incident to tenure, tithe commutation rentcharge, and any charge created under any Act authorising advances of public money, and where more charges than one are charged under this part of this Act on any dwelling-house such charges shall, as between themselves, take order according to their respective dates. (z.) A charging order shall be conclusive evidence that all notices, acts, and proceedings by this part of this Act directed with reference to or consequent on the obtaining of such order, or the making of such charge, have been duly served, done, and taken, and that such charge has been duly created, and that it is a valid charge on the dwelling-house declared to be subject thereto. (3.) Every such charging order, if it relates to a dwelling- house ia the area to which the enactments relating to the registration of land in Middlesex apply or to a dwelling-house in Yorkshire, shall be registered in like manner as if the charge were made by deed by the absolute owner of the dwelling- house. (4.) Copies of the charging order and of the certificate of the surveyor or engineer, and of the accounts as passed by the local authority, certified to be true copies by the clerk of the local authority, shall within six months after the date of the order be deposited with the clerk of the peace of the county in which the dwelling-house is situate, and be by him filed and recorded. (5.) The benefit of any such charge may be from time to time ACT OF 1890— PART II., S. 38. 77 transferred in like manner as a mortgage or rentcharge may- be transferred. Any transfer may be in the form marked B. in the Fifth Schedule to this Act, or in any other con- venient form. Priority of charge. — The charges excepted by sub-s. (1) now include charges on the dwelling-house created or arising under any provision of the Public Health Acts or under any provision in any local Act authorising a charge for recovery of expenses incurred by a local authority. (Housing, Town Planning, &o. Act, 1909, s. 20, post.) Quitrents are payable by freehold tenants in fee simple, and also by copyhold tenants. They are quite distinct from ground rents. Reliefs, heriots, and fines, as being incident to tenure, would thus take precedence of this charging order. Form of Transfer. — Sched. V. of this Act has been repealed, so that the transfer may be in any convenient form, unless the Local Government Board prescribe a new form under the Housing, Town Planning, &c. Act, 1909, s. 41. Ohsh'udwe Buildings. 38. Power to local authority to purchase houses for ojiening alleys, c&c. — (1.) If a medical officer of health finds that any building withia his district, although not in itself unfit for human habitation, is so situate that by reason of its proximity to or contact with any other buildings it causes one of the following effects, that is to say, — (a.) It stops [or impedes] ventilation, or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health ; or (b.) It prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings ; in any such case, the medical officer of health shall repre- sent (Ji) to the local authority the particulars relating to such first-mentioned building (in this Act referred to as " an obstruc- tive building ") stating that in his opinion it is expedient that the obstructive building should be pulled down. (2.) Any four or more inhabitant householders of a district (h) The representation must be in writing (s. 79 (2)), 'post, p. 139. 78 PART 2.— STATUTES. may make to the local authority [i) of the district a repre- sentation as respects any building to the like effect as that of the medical officer under this section. (3.) The local authority on receiving any such representa- tion as above in this section mentioned shall cause a report to be made to them respecting the circumstances of the building and the cost of pulling down the building and acquiring the land, and on receiving such report shall take into consideration 'the representation and report, and if they decide to proceed, shall cause a copy of both the representation and report to be given to the owner of the lands on which the obstructive building stands, with notice {k) of the time and place appointed by the local authority for the consideration thereof ; and such owner shall be at hberty to attend and state his objections, and after hearing such objections the local authority shall make an order (T) either allowing the objection or directing that such obstructive building shall be pulled down, and such order shall be subject to appeal in like manner as an order of demolition of the local authority under the foregoing provisions of this part of this Act. (4.) Where an order of the local authority for pulling down an obstructive building is made under this section and either no appeal is made against the order, or an appeal is made and either fails or is abandoned, the local authority shall be author- ised to purchase the lands on which the obstructive building is erected in hke manner as if they had been authorised by a special Act to purchase the same ; and for the purpose of such purchase the provisions of the Lands Clauses Acts, with respect to the purchase and taking of lands otherwise than by agree- ment shall be deemed to be incorporated in this part of this Act (subject nevertheless to the provisions of this part of this Act), and for the purpose of the provisions of the Lands Clauses Acts this part of this Act shall be deemed to be the special Act, and the local authority to be the promoters of the under- taking, and such lands may be purchased at any time within (i) See definition of district and local authority in s. 92, post, p. 147. {k) Notice should be in writing and signed by the clerk, s. 86 (2), post, p. 144. (I) To be under seal, ib. ACT OF 1890— PART IL, S. 38. 79 one year after the date of the order, or if it was appealed against after the date of the confirmation. (5.) The owner of the lands may within one month after notice to purchase the same is served upon him declare that he desires to retain the site of the obstructive building and under- take either to pull down or to permit the local authority to pull down the obstructive building, and in such case the owner shall retain the site and shall receive compensation from the local authority for the pulling down of the obstructive building. (6.) The amount of such compensation, and also the amount of any compensation to be paid on the purchase of any lands under this section, shall in case of difference be settled by arbitration in manner provided in this part of this Act (m). (7.) Where the local authority is empowered to purchase land compulsorily, it shall not be competent for the owner of a house [or other building] or manufactory to insist on his entire holding being taken, where part only is proposed to be taken as obstructive, and where such part proposed to be taken can, in the opinion of the arbitrator to whom the question of disputed compensation is submitted, be severed from the remainder of the house [or other building] or manufactory with- out material detriment thereto, provided that compensation may be awarded in respect of the severance of the part so proposed to be taken in addition to the value of that part. (8.) Where in the opinion of the arbitrator the demohtion of an obstructive building adds to the value of such other buildings as are in that behalf mentioned in this section, the arbitrator shall apportion so much of the compensation to be paid for the demolition of the obstructive building as may be equal to the increase in value of the other buildings amongst such other buildings respectively, and the amount apportioned to each such other building in respect of its increase in value by reason of the demohtion of such obstructive building shall be deemed to be private improvement expenses incurred by the local authority in respect of such building, and such local authority may, for the purpose of defraying such expenses, (to) Sect. 41, pout, p. 91. 80 PART 2.— STATUTES. make and levy improvement rates on the occupier of such premises accordingly ; and the provisions of the Public Health Acts relating to private improvement expenses and to private improvement rates, shall so far as circumstances admit, apply accordingly in the same manner as if such provisions were incorporated in this Act. (9.) If any dispute arises between the owner or occupier of any building (to which any amount may be apportioned in respect of private improvement expenses) and the arbitrator by whom such apportionment is made, such dispute shall be settled by two justices in manner provided by the Lands Clauses Acts, in cases where the compensation claimed in respect of lands does not exceed fifty pounds. (10.) Where the owner retains the site or any part thereof, no house or other building or erection which will be dangerous or injurious to health, or which will be an obstructive building within the meaning of this section, shall be erected upon such site or any part thereof ; and if any house, building, or erection is erected on the site contrary to the provisions of this section the local authority may at any time order the owner to abate or alter the said house, building, or erection ; and in the event of non-compUance with such order may, at the expense of the owner thereof, abate or alter the same. (11.) Where the lands are purchased by the local authority, the local authority shall pull down the obstructive building, or such part thereof as may be obstructive within the meaning of this section, and keep as an open space the whole site, or such part thereof as may be required to be kept open for the purpose of remedying the nuisance or other evils caused by such obstructive building, and may, with the assent of the Local Government Board, and upon such terms as that Board think expedient, sell such portion of the site as is not required for the purpose of carrying this section into effect. (12.) A local authority may, where they so think fit, dedicate any land acquired by them under the authority of this section as a highway or other pubhc place. Sub-seet. (1). " Any building." — This is a wider term than dwelling- house, and is not defined in this Act. It was contended in Jackson v. ACT OF 1890— PART II., S. 38. 81 Knutsford Urban District Council, [1914] 2 Ch. 686, that the term was limited to dwelling-houses, and the wording of s. 41 was also quoted in support of this. Eve, J., however, held that the term " building " was not so limited, but included a building constructed for and used solely as a cycle maker's and mechanic's workshop, and that such a building could be treated as obstructive within the meaning of this section. It may be, however, that the other buildings which the obstructive building obstructs are meant to include dwelling-houses only (cf. s. 41 (2), post, p. 92). A wall which is not merelv required as a boundary wall or fence may be a building. (Ellis v. Plumstead Board of Works {l&QS), 68 L. T. 291 ; 57 J. P. 359, decided under the Metropolis Management Act, 1862 (25 & 26 Vict, c. 102), and see the cases as to the meaning of building in Lumley's Public Health Acts.) It would include a building which forms part of a house in the legal sense of the word house ; and as to taking part of such house, see sub-s. (7) of this section. "Stops ventilation." — The words "or impedes" was inserted after the word " stops," by the Housing, Town Planning, &o. Act, 1909, Sched. II. This wiU include stagnation of air either around or within the dwelling. A weU-known class of buildings that fall within the purpose of this section are what are known as baok-to-baok dwellings, two rows of houses being built with their backs to one another and no air space between. Such houses can have no through ventilation, and statistics have estab- lished that they are injurious to health. (See Report to Local Government Board by Dr. Darra Mair, 1910.) In order to obviate expense, four schemes have been devised by Dr. Tatham for re-modelling blocks of dwellings built in this manner. These are : — (1.) The removal of one row of dwellings, part of the site being used to widen the street (see sub-s. (12) ), and part to provide separate yards to each house of the remaining row. (2.) The removal of every third pair of baok-to-baok houses. (3.) The conversion of half of the back-to-back dwellings of each block into double houses with through ventilation for each, retaining a certain number of single houses with improved lighting and ventilation. (4.) Removing any alternate pair of houses on one side of a back-to- back street. The erection of such buildings in future wiU be prevented by the Housing, Town Planning, &c. Act, 1909, s. 43, post. As to whether the local authority can close and demolish an unhealthy dwelling and escape payment of compensation under this section, sec Merrick v. Liverpool Corporation, [1910] 2 Ch. 449. Sub-sect. (2). " Inhabitant hottseholdeks." — A similar representa- tion may be made by a parish council under s. 6 (2) of the Local Govern- ment Act, 1894 (57 & 58 Vict. c. 73). (See note to s. 31, ante, p. 67.) If the local authority fail to act on the representation of the householders, no redress is given to the householders by this Act ; but probably they may complain to the Local Government Board, and that Board might act under s. 10 of the Housing, Town Planning, &c. Act, 1909, post. A.H. G 82 PART 2.— STATUTES. Sub-sect. (3). " Shall cause a eeport." — This is not in the discretion of the local authority, but is imperative. The authority will probably instruct their surveyor to make the report, but it would appear to be intended that it should be independent of the representation. As to the cost of acquiring the land, see s. 41, post, p. 91. " Shall take into considebatiobt." — The local authority must con- sider the report ; but they have an absolute discretion as to whether or not they wiU proceed. The local authority in London and in rural districts are, however, bound to forward the representation to the county council under s. 45, post, p. 98, and the county council have power to proceed and to charge the district authority with the expense. Persons beneficially interested in such matters are liable to a penalty if they vote on such occasions, see s. 88, post, p. 144. " The owner." — For the definition of owner, see note to s. 29, ante, p. 63, and s. 49 of the Housing, Town Plamiing, &c. Act, 1909, post, but there may be several persons who are owners within the meaning of that section. In such a case a copy of the report, and representation, and notice should be served upon each owner. (As to such service, see. s. 49, post, p. 108.) " Order subject to appeal." — The appeal is now to the Local Govern- ment Board and not to quarter sessions. This is an indirect effect of s. 18 of the Housing, Town Planning, &c. Act, 1909, which' provides that an order for demolition may be the subject of appeal to the Local Govern- ment Board. The use of the words, " imder the foregoing provisions of this part of this Act," used at the end of the sub-section, might lead to a different conclusion but for s. 47 of the later Act, post, p. 261, which provides that " any provisions of this Act which supersede or amend any provisions of the principal Act shall be deemed to be part of that part of the principal Act in which the provisions superseded or amended are contained." Sub-sect. (4). " The Lands Clauses Acts." — As to these Acts, see note to s. 20, ante, p. 47. The expression " with respect to the purchase and taking of lands otherwise than by agreement " is the heading to ss. 16-68 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), and means that these sections only are incorporated. (See s. 5 of that Act.) These provisions are, however, very considerably modified by s. 41 of this Act, post, p. 91, as well as by the other sub-sections of this section. (See sub-s. (6).) It will be observed that the local authority are given compulsory powers of purchase under this section without having to obtain a provisional order, but from sub-s. (5) it wfil be seen that the owner, if he so desires, may retain the site provided the building is puUed down. There is a curious omission in this section, namely the omission to expressly incorporate the Lands Clauses Acts generally. It must be considered, therefore, to be at least doubtful if ss. 1-15 and ss. 69 to the end of the Lands Clauses Consolidation Act, 1845, are in fact incorporated. If not, then some difficulty may be experienced in purchasing by agreement from owners under disability. Sect. 41 (4), post, p. 93, implicitly incor- porates certain of these sections. The omission evidently arose in this way. This sub-section was taken from the Artisans Dwellings Act, 1882 (45 & 46 Vict. c. 54), s. 8 (4), but that part of the Act was to be construed ACT OF 1890— PART II., S. 38. 8.3 as one with the Ai-tizans and Labourers Dwellings Act, 1868 (31 & 32 Vict. u. 130), and the Artisans and Labourers Dwellings Act (1868) Amend- ment Act, 1879 (42 & 43 Vict. c. 64), and by s. 4 of the last-mentioned Act, the Lands Clauses Acts were incorporated except the provisions with respect to the purchase and taking of lands otherwise than by agree- ment, and with respect to the entry on lands by the promoters of the undertaking. Sub-sect. (5). Retaining the site. — The notice to purchase wUl be a notice to treat under s. 18 of the Lands Clauses Consolidation Act, 1845, and should be served as provided by s. 49, post, p. 108, upon all parties inter- ested in such lands or on the parties enabled by the Lands Clauses Acts to sell and convey. It should, therefore, be served on lessees who are not owners, and who cannot be got rid of within a reasonable time by notice in the ordinary way. It need not be served on persons having easements over the land. If their rights are destroyed they can claim compensation subsequently under s. 68 of the Lands Clauses Consolidation Act, 1845. Lessees holding the premises under a lease, the original term whereof is less than twenty-one years, not being owners (note to s. 29, ante, p. 64), cannot claim to retain the site. There seems no reason why a leaseholder for a longer term should not claim the site, although the reversioner wishes to sell. In such a case the local authority would require to purchase the reversion to the site, subject to the lease. If an owner makes an agreement with a local authority to retain the site, and pull down a limited portion only of the building, and to cover over part, he will be estopped from setting up that the building is not an ob- structive one. (Jachson v. Knutsford Urban D. Council, [1914] 2 Ch. 686.) Sub-sect. (6). COMPKNSATION. — The compensation will be assessed in the same manner and on the same principles whether the site is retained . or not, although the subject matter for which the compensation is payable is different. {Jackson v. Knutsford, [1914] 2 Ch. 686; see per Eve, J., pp. 693, 694.) The arbitrator may apportion the compensation between any persons having an interest in the compensation in such manner as the arbitrator determines. If the amount of compensation has been settled by agreement, the amomit to be paid under sub-sect. (8) (see infra) may also be apportioned by an arbitrator appointed for the purpose by the Local Government Board. (Housing, Town Planning, &c. Act, 1909, s. 28, post, p. 246.) Sub-sect. (7). — The words "house or other building or manufactory" are substituted for the words "house or manufactory" wherever they occur in this sub-section. Housing, Town Planniag, &c. Act, 1909, Sched. 11., post. Pakt of HoLcma. — A similar provision exists in Sched. II. of this Act in regard to lands taken under Part I. of this Act. (See Art. 12, post, and the notes thereto.) The arbitrator is appointed pursuant to sub-s. (9). The local authority cannot take the entire holding if part only is obstruc- tive, and that part can be severed. If the taking of the whole building would improve the district, they should proceed under s. 39 (1) (a), post, p. 85, if they wish to take it, and this would appear to be so, even if the 84 PART 2.— STATUTES. owner is willing to sell the whole (compare Gordon v. Vestry of St. Mary Abbotts, Kensington (1894), 2 Q. B. 742 ; TeuUere v. Vestry of St. Mary Abbotts, Kensington (1885), 30 Ch. D. 642 ; Oard v. Commissioners of Sewers of Gity of London (1885), 28 Ch. D. 486; Denman Co. v. Westminster Corporation (1906), 1 Ch. 464; Gibbon v. Paddington Vestry (1900), 2 Ch. 794 ; Green v. Hackney Corporation (1910), 2 Ch. 105 ; Davies v. London Corporation, [1913] 1 Ch. 415 ; Genders v. London County Council, [1915] 1 Ch. 1 ; Beyfus v. Westminster Corporation (1914), 79 J. P. Ill : cases as to taking part of a building under Michael Angelo Taylor's Act (57 Geo. III. c. cxxix.) ). But if the local authority desh-es the building for lodging houses under Part III., probably they could then purchase it. Sub-sect. (8). "Adds to the value of such other buildings."— Such other buildings are the buildings referred to in sub-s. (1), namely, the buildings which are obstructed. If these other buildings belong to the owner of the obstructive building, and are dwelling-houses, then this betterment will be taken into account under s. 41 (2) (b) in assessing the compensation of his interest in the obstructive building, and no amount ought then to be apportioned, in respect thereof, under this sub-section. If, however, the owner of the obstructive building owns the other buildings but has leased them, then an apportionment should be made as against the lessees who thereby benefit ; but as part of private improvement expenses may be deducted from the rent by the lessees, great care should ' be exercised in this and similar cases to see that the owner is not made to pay twice over for the betterment. The power of apportionment \mder this sub-section may be exercised in cases where the amount to be paid for compensation has been settled otherwise than by arbitration, by an arbitrator appointed for the special purpose by the Local Government Board. Housing, Town Planning, &c. Act, 1909, s. 28 (2), post, p. 246. Pbivatb impkovement expenses. — In urban districts private improve- ment expenses may be recovered by the urban authority under s. 213 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), by a rate on the premises called a private improvement rate " of such amount as wiU be sufficient to discharge such expenses together with interest thereon at a rate not exceeding five pounds per cent, per annum in such period not exceeding thirty years as the urban authority may in each case determine." This rate is paid by the occupier if there is one, but in the case of premises becoming unoccupied the rate becomes a charge on and payable by the owner for the time being of the premises so long as the same continue to be unoccupied. By s. 214 the occupier may deduct three- quarters of the amount from his rent if he holds his premises at a rack rent, and in various other proportions according to his tenancy. By s. 215 an owner or occupier may at any time redeem the private improvement rate. In rural districts, s. 232 of the same Act enables the rural authority to make and levy private improvement rates in the same way as an urban authority. By s. 257 the local authority are given an alternative procedure. They may by order declare private improvement expenses to be payable by annual instalments within a period not exceeding thirty years, with interest at five per cent, per annum. Each instalment may be recovered summarily from the owner or occupier, and may be deducted from the rent in the same way as private improvement expenses. ACT OF 1890— PART II., S. 39. 85 In London the above provisions of the Public Health Act, 1875 (37 & 38 Vict. o. 55), are made to apply for the purposes of this Act both to the county and city. (See s. 46 (1), post, p. 101.) Sub-sect. (9). " Two jtistiobs." — This refers to ss. 22 and 24 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18). Either party may apply, and the justices will summon the other party to appear. The costs are in the discretion of the justices. The decision is not an order, and the application may be made after six months from the date of the dispute. (R. v. Edwards {ISSi}, 13 Q. B. D. 686; B. v. Hannay (1874), 44 L. J. M. C. 27. ) In London a police magistrate, and in other places a stipendiary magistrate, has power to do alone what may be done by two justices of the peace (21 & 22 Vict. c. 73, s. 1 ; 2 & 3 Vict. c. 71, s. 16 ; 42 & 43 Vict. c. 49, s. 20 (10) ). It should be noticed that the dispute referred to is between the arbitrator and the owner or occupier, and that there is no reference to the local authority. It is only the amount to be apportioned that would appear to be matter for the decision of the justices. The provisions in this sub-section would extend to the cases of apportion- ment provided in s. 28 (2) of the Housing, Town Planning, &c. Act, 1909, post. (See note to last sub-section.) Sub-sect. (10). " OwNEK betains the site." — An owner has power to retain the site under sub-s. (5). (See the similar proviso in s. 34 (2), ante, p. 71, and notes thereto.) An appeal from this order lies to quarter sessions under s. 35, ante, p. 72. Sub-sects. (11) and (12). — The proceeds of sale should be applied as directed by s. 82, post, p. 140. The dedication of the site of an obstructive building as a highway or other public place given by this sub-section is quite independent of the provisions contained in sub-s. (1) (a) of the next section. The land might also be appropriated for the purpose of erecting houses for the working classes (see s. 67, post, p. 113). Scheme for Beconstruction. 39. Scheme for area comprising houses closed by closing order. -(1.) In any of the following cases, that is to say — (a.) where an order for the demoHtion of a building has been made in pursuance of this part of this Act, and it appears to the local authority that it would be beneficial to the health of the inhabitants of the neighbouring dwelling-houses if the area of the dwelling-house of which such building forms part were used for all or any of the following purposes, that is to say, either — (i.) dedicated as a highway or open space, or 86 PAKT 2.— STATUTES. (ii.) appropriated, sold, or let for the erection of dwellings for the working classes, or (iii.) exchanged with other neighbouring land which is more suitable for the erection of such dwellings, and on exchange will be appropriated, sold, or let for such erection ; or (b.) where it appears to the local authority that the close- ness, narrowness, and bad arrangement or bad con- dition of any buildings, or the want of light, air, ventilation or proper conveniences, or any other sanitary defect in any buildings is dangerous or prejudicial to the health of the inhabitants either of the said buildings or of the neighbouring buildings, and that the demolition or the reconstruction and rearrangement of the said buildings or of some of them is necessary to remedy the said evils, and that the area comprising those buildings and the yards, out- houses, and appurtenances thereof, and the site thereof, is too small to be dealt with as an unhealthy area under Part I. of this Act, the local authority shall pass a resolution to the above effect and direct a scheme to be prepared for the improvement of the said area. (2.) Notice of the scheme may at any time after the pre- paration thereof be served in manner provided in Part I. of this Act with respect to notices of lands proposed to be taken compulsorily under a scheme made in pursuance of that part of this Act, on every owner or reputed owner, lessee or reputed lessee, and occupier of any part of the area comprised in the scheme, so far as those persons can reasonably be ascertained. (3.) The local authority shall, after service of such notice, petition the Local Government Board for an order sanctioning the scheme, and the Board may cause a local inquiry to be held, and if satisfied on the report of such local inquiry that the carrying into effect of the scheme either absolutely, or subject to conditions or modifications would be beneficial to the health of the inhabitants of the said buildings or of the ACT OF 1890— PAET II, S. 39. 87 neighbouring dwelling-houses, may by order sanction the scheme with or without such conditions or modifications. (4.) Upon such order being made, the local authority may purchase the area comprised in the scheme as so sanctioned. . . , (7.) The order may incorporate the provisions of the Lands Clauses Acts, and for the purpose of those provisions this Act shall be deemed to be the special Act, and the local authority to be the promoters of the undertaking, and the area shall be acquired within three years after the date of the confirmation of the order : Provided that the amount of compensation shall, in case of difference, be settled by arbitration in manner provided by this part of this Act. (8.) The provisions of Part. I. of this Act [as amended by any subsequent Act] relating to the duty of a local authority to carry a scheme when confirmed into execution, [to the poAver of the Local Government Board to enforce that duty], to the completion of a scheme on failure by a local authority, and to the extraction of rights of way and other easements shall, with the necessary modifications, apply for the purpose of any scheme under this section in Hke maimer as if it were a scheme under Part I. of this Act. (9.) The Local Government Board, on being satisfied by the local authority that an improvement can be made in the details of any scheme under this section, may by order permit the local authority to modify any part of the scheme which it may appear inexpedient to carry into execution : . . . Sub-sect. (1). Demolition or a BtriLDifrG. — Buildings may be demo- lished under the last section or under s. 18 of the Housing, Town Planning, &c. Act, 1909 (see ante, p. 70, and post, p. 240). If the building ordered to be demolished under the last section is itself the dwelling-house, then it is not necessary to proceed under this section, as by s. 38 (11) and (12), the local authority may dedicate the space as a highway or public place, or otherwise keep it open. But if the building demolished is only part of the dwelling-house, and can be severed from the rest of the dwelling-house, then in such case the dwelling-house cannot be touched under the previous sections of this part of the Act, but an order of the Local Government Board must be obtained under this section. In London, if it is only desired to widen, improve, or lengthen a street or public place, then the local authority should consider whether they cannot act under the simpler procedure pro- vided by Michael Angelo Taylor's Act (57 Geo. III. c. cxxix.), ss. 80-96. 88 PART 2.— STATUTES. " Bad condition of any buildings." — This part of this section is quite independent of the previous sections, and does not over-ride them. If a house is unfit for habitation the local authority can proceed under s. 17 of the Housing, Town Planning, &c. Act, 1909 (see ante, p. 68), and also order the demolition, if the premises are a nuisance when closed. See Merrick v. Liverpool Corporation (1910), 2 Ch. 449. Whether the houses are closed or not, the local authority can proceed under this section. As to the evidence to show that such buildings are prejudicial to health, see the note to s. 4, ante, p. 24. Abea too small bob Part I. — This section is intended to provide a simpler procedure than that contained in Part I. for the purpose of en- abling the local authority to deal with a small block of buildings. Schemes under this part of the Act are termed Reconstruction Schemes, although no reconstruction of the buildings are required, whUe those under Part I. are termed Improvement Schemes. The local authority must consider first whether an improvement of the area is necessary, and secondly whether the size of the area is such as can be properly dealt with under this part of the Act. In rural districts, as Part I. does not apply, it may be taken that all areas in such districts are to be dealt with under this part of the Act. In urban districts, as the district or municipal council is the local authority imder both parts, the question as to whether they are to proceed under Parts I. or II. seems wholly under their discretion, subject, of course, to the consent of the Local Government Board to the scheme. There is no measure provided as to the size, but probably any scheme dealing with not more than ten houses ought to be carried out under this section. (Sees. '72,post,Tp. 130.) In the city of London the matter is likewise in the discretion of the Common Council. In the county of London, as the local authority under Part I. is the county counoU, and as the local authorities under Part II. are the borough councils, questions arise as to whether schemes should be carried out under Part 1. or Part II., or, in other words, whether the expense of the improve- ment should be borne by the whole of London or by the district in which the area is situated, or partly by both. If the scheme wiU benefit the whole of London, it is only fair that the expense should be borne, in part at least, by the whole. Special provisions have been made in ss. 46 (5) and (6), and 72 and 73 to meet these difiiculties. The result of these provisions appears as hereunder : The borough council should proceed : (1.) When the scheme afifects not more than ten houses (s. 72). (2.) When the scheme is not of general importance and can be carried out under Part II. (s. 73 (1) ). (3.) When the scheme is of general importance to London, but should be carried out under Part II., and the county council agree to pay or contribute to the expenses (s. 46). The county council should proceed : (1.) When the scheme by reason of its size or otherwise should be under Part L (s. 73 (1), (6) ). (2.) When the scheme is of general importance to London, although such scheme may be carried out under Part I. or Part II., ACT OF 1890— PART II., S. 39. 89 and provided it relates to more than ten houses, and there has been no agreement to pay or contribute to the expenses of the borough council carrying it out. A borough council may, however, contribute to the expenses of the county council (Housing of the Working Classes Act, 1903, s. 14, post, p. 202). Disputes arising between the London county council and a metro- politan borough council as to which body is to carry out the scheme may be referred to the Local Government Board under s. 73, post, p. 131, as amended. After an inquiry by the Local Government Board under s. 10 of this Act the Board may direct a scheme to be prepared either under Part I. or Part II. of this Act. (Housing of the Working Classes Act, 1903, s. 4, post.) " Shall pass a bbsoltjtion." — Interested members may not vote on this resolution (s. 88, post, p. 144). As to the powers of the Local Govern- ment Board on failure of a local authority to exercise their powers under Part II. of this Act, see s. 10 of the Housing, Town Plaiming, &c. Act, 1909, post. " A SCHEME TO BE PREP ABED." — This Scheme should show clearly the number and site of the houbes \o be taken, and there should be a state- ment as to how it is proposed to deal with the area, and it should be accom- panied with plans. As to the particulars required by the Local Government Board, see Instructions in Part 4, post. Provision may now be made in a scheme under this section for any matters for which provision may be made in an improvement scheme under Part I. (Housing, Town Planning, &c. Act, 1909, s. 23 (2).) As to the matter for which provision may be made in an improvement scheme, see s. 6 of the principal Act, ante, p. 27, as amended by the Act of 1909. Neighbouring lands may also be included in the area comprised in a recon- struction scheme, it the local authority are of opinion that such inclusion is necessary for making their scheme efficient, but in respect of such lands an additional allowance for compulsory purchase may be given in assessing the compensation. (Housing of the Working Classes Act, 1903, s. 7, post.) Sites of ancient monuments or other objects of archseological interest caimot be acquired (Housing, Town Plaiming, &c. Act, 1909, s. 45), but although not acquired there seems no reason why such objects should not be included in the area of a scheme, but of course they would remain untouched. Sub-sect. (2). " Notice of the scheme." — This notice must be served as stated in s. 7, (b), (c), and (d), ante, p. 29 ; but at any time ; and no advertisements are required. Sub-sect. (3). "Petition the Local Goveenment Boaed." — The inquiry will be held pursuant to s. 85, post, and the order will be made according to the sections of the Public Health Act, 1875 (38 & 39 Vict, c. 55), which are made applicable by that section. Instructions as to petitioning the Local Government Board for an Order wiU be found in 90 PART 2.— STATUTES. Part 4, post. As to incorporating the Lands Clauses Acts, see sub- s. (7), infra. The local authority are by this sub-seetion required to satisfy the Local Government Board that the scheme will be beneficial to the health of the inhabitants of the buildings to be reconstructed, or of the neighbouring buildings. It may not be necessary to puU down aU the buildings. Suh-seete. (4-6). — A considerable part of sub-s. (4) and the whole of sub-ss. (5) and (6) have been repealed by the Housing, Town Planniug, &c. Act, 1909, s. 75 and Sched. 'Vl.,post. The parts repealed enabled an owner who was dissatisfied with the scheme to petition the Local Government Board, in which case an order became provisional only and required confirmation by Parliament. Section 24 (2) of the last-mentioned Act provides that " an order of the Local Government Board sanctioning a reconstruction scheme and authorising the compulsory purchase of land for the purpose, shall, notwithstanding anything in s. 39 of the principal Act, take efEect without confirmation." A local authority can therefore proceed as soon as the order of the Local Government Board is issued. As to purchase of ancient monuments, see note to sub-s. (1), supra, and as to commons and open spaces, see Housing, Town Plaiming, &c. Act, 1909, s. 73, post, p. 273. Sub-sect. (7). " The Lands Clauses Acts." — As to these, see note to s. 20, ante, p. 47. The procedure to assess the compensation and the amount thereof is determined by s. 41, post, p. 91, which considerably modifies the Lands Clauses Acts. The power given to the Local Govern- ment Board is to incorporate these Acts, and it may be questioned whether this gives the Board power to incorporate part only. It would appear as if it did not. Section 92, which prevents part of a house being taken compulsorUy, would therefore be included, but s. 133, which requires the local authority to make good the deficiency ia the land tax and poor's rate, is now expressly excepted by the Housing, Town Planning, &o. Act, 1909, s. 34, post. Sub-sect. (8). Cabbying out scheme. — Provisions in this section relating to costs before a Committee of Parliament have been repealed, and are omitted (Housing, Town Planning, &c. Act, 1909, s. 75 and Sched. VI.), and the words in brackets have been inserted, ibid., s. 46 and Sched. II. As to the duty of carrying out a scheme under Part I., see s. 12 of the principal Act, ante, p. 39 ; as to completion, &c.. Section 13 of the principal Act, ante, p. 42 ; and as to the power of the Local Government Board to enforce the same, see s. 11 of the Housing, Town Planning, &o. Act, 1909, which last-mentioned section also provides, that it a local authority have failed to give effect to a reconstruction scheme, the Board may make an order requiring the local authority to remedy the default, and to carry out any works or do any other things necessary within a time fixed by the order, which order may be enforced by mandamus. Easements. — The scheme may now modify these provisions as to rights of way, &c. Housing, Town Planning, &c. Act, 1909, s. 27. The owner of easements and such other rights wiU be entitled to claim ACT OF 1890— PART II., SS. 40, 41. 91 compensation, under s. 22, and this sub-section, whenever he can prove that he has sustained any loss. See notes to s. 22, ante, p. 55. The claim will be made for compensation by reason of his land being injuriously affected, and the procedure will be that prescribed by s. 68 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. o. 18), as modified by s. 41 of this Act, post. It may be noticed that s. 22, which deals with rights of way and ease- ments, also deals with rights of laying and continuing pipes, and sewers, which cannot very accurately be described as easements, although they are commonly so described in local Acts. A question may arise as to whether this sub-section is not confined to easements only. Sub-sect. (9). Modification of scheme. — The proviso of this section which dealt with cases in which the order required confirmation by Parlia- ment has been repealed. Housing, Town Planning, &c. Act, 1909, Sched. VI., po'st, and is omitted. The Local Government Board in the exercise of their power under this sub-section may permit the local authority to modify their scheme, not only by the abandonment of any part of their scheme, but also by adding to the scheme in matters of detail in such manner as appears expedient to the Board. They may thus bring into the scheme matters not originally dealt with. (See note to the similar provision in s. 15 of Part I., p. 44, ante.) 40. Provision for accommodation of persons of the uorking classes. — The Local Government Board shall in any order sanctioning a scheme under this part of this Act require the insertion in the scheme of such provisions (if any) for the dwelling accommodation of persons of the working classes displaced hy [in consequence of] the scheme as seem to the Board required by the circumstances. For the word " by '' the words in brackets have been substituted, by the Housing, Town Planning, &c. Act, 1909, s. 46 and Sched. II. It would seem that the provisions of ». 3 and the Schedule to the Housing of the Working Classes Act, 1903, post, pp. 195, 203, are applicable. (See note thereto, and see also the provisions under Part I. of this Act in s. 11, ante, p. 37.) For the particulars required by the Local Government Board as to the displacement of the working classes, see Instructions in Part 4, post. Settlement of Compensation. 41. Provisions as to arbitration. — In all cases in which the amount of any compensation is, in pursuance of this part of this Act, to be settled by arbitration, the following provisions shall have effect ; (namely,) 92 PAET 2.— STATUTES. (1.) The amount of compensation shall be settled by an arbitrator to be appointed and removable by the Local Government Board. (2.) In settling the amount of any compensation — (a.) The estimate of the value of the dwelling-house shall be based on the fair market value as estimated at the time of the valuation being made of such dwelling-house, and of the several interests in such dweUing-house, due regard being had to the nature and then condition of the property and the probable duration of the buildings in their existing state, and to the state of repair thereof, and without any additional allowance in respect of compul- sory purchase ; and (b.) The arbitrator shall have regard to and make an allowance in respect of any increased value which, in his opinion, will be given to other dwelling- houses of the same owner by the alteration or demolition by the local authority of any buildings. (3.) Evidence shall be receivable by the arbitrator to prove — (1st) that the rental of the dweUing-house was enhanced by reason of the same being used for illegal purposes or being so overcrowded as to be dangerous or injurious to the health of the inmates ; or (2ndly) that the dwelling-house is in a state of defective sanitation, or is not in reasonably good repair ; or (3rdly) that the dwelling-house is unfit, and not reason- ably capable of being made fit, for human habita- tion ; and, if the arbitrator is satisfied by such e\ IJence, then the compensation — (a.) shall in the first case so far as it is based on rental be based on the rental which would have been obtainable if the dwelling-house was occupied for legal purposes and only by the number of persons whom the dwelling-house was under all the circum- stances of the case fitted to accommodate without ACT OF 1890~PART II., S. 41. 93 such overcrowding as is dangerous or injurious to the health of the inmates ; and (b.) shall in the second case be the amount estimated as the value of the dwelling-house if it had been put into a sanitary condition, or into reasonably good repair, after deducting the estimated expense of putting it into such condition or repair ; and (c.) shall in the third case be the value of the land, and of the materials of the buildings thereon. (4.) On payment or tender to the person entitled to receive the same of the amount of compensation agreed or awarded to be paid in respect of the dwelhng-house, or on payment thereof in manner prescribed by the Lands Clauses Acts, the owner shall, when required by the local authority, convey his interest in such dwelling-house to them, or as they may direct ; and in default thereof, or if the owner fails to adduce a good title to such dwelUng-house to the satisfaction of the local authority, it shall be lawful for the local authority, if they think fit, to execute a deed poll in such manner and with such consequences as are mentioned in the Lands Clauses Acts. (5.) Sections thirty-two, thirty-three, thirty-five, thirty-six, and thirty-seven of the Lands Clauses Consolidation Act, 1845, shall apply, with any necessary modifica- tions, to an arbitration and to an arbitrator appointed under this part of this Act. (fi.) The arbitrator may, by one award, settle the amount or amounts of compensation payable in respect of all or any of the dwelling-houses included in one or more order or orders made by the local authority ; but he may, and, if the local authority request him so to ~do shall, from time to time make an award respecting a portion only of the disputed cases brought before him. (7.) In the event of the death, removal, resignation, or incapacity, refusal, or neglect to act of any arbitrator before he shall have made his award, the Local Government Board may appoint another arbitrator. 94 PART 2.— STATUTES. to whom all documents relating to the matter of the arbitration which were in the possession of the former arbitrator shall be delivered. (8.) The arbitrator may, where he thinks fit, on the request of any party by whom any claim has been made before him, certify the amount of the costs properly incurred by such party in relation to arbitration, and the amount of the costs so certified shall be paid by the local authority. (P.) The arbitrator shall not give such certificate where the arbitrator has awarded the same or a less sum than has been offered by the local authority in respect of such claim before the appointment of the arbitrator, and need not give such certificate to any party where he considers that such party neglected, after due notice from the local authority, to deUver to that authority a statement in writing within such time, and containing such particulars respecting the com- pensation claimed, as would have enabled the local authority to make a proper offer of compensation to such party before the appointment of the arbitrator. (10.) If within seven days after demand the amount so certified be not paid to the party entitled to receive the same, such amount shall be recoverable as a debt from the local authority with interest at the rate of five per cent, per annum for any time during which the same remains unpaid after such seven days as aforesaid. (11.) The award of the arbitrator shall be final and binding on all parties. "Cases ... to be settled by arbitration." — These cases are where an obstructive building is demolished under s. 38 (see sub-ss. (4), (6) and (7) ), ante, p. 78, and when land is taken under a scheme made pursuant to s. 39, ante, p. 85, and also for the destruction of easements and like injuries under sub-s. (8) of s. 39, as to which see notes to s. 22, ante, p. 55. Sub-sect. (1). PKOOEDTjaB. — When land is to be taken compulsorUy, a notice to treat should first be served by the local authority pursuant to s. 18 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), ACT OF 1890— PART II., S. 41. m upon all the parties having interests therein, except the owners of ease- ments. The notice should state the particulars of the land required and request the owner to state the particulars of his claim. If the parties are unable to agree it would appear that either party may apply to the Local Government Board to appoint an arbitrator. As to the power of the local authority to enter for the purpose of valuing, see s. 36 of the Housing, Town Planning, &c. Act, 1909, post, p. 252. When land has been injuriously affected, or been entered upon and used under s. 85 of the Lands Clauses Consolidation Act, 1845, it will be for the owner to take the initiative and claim compensation under s. 68 of the Lands Clauses Consolidation Act, 1845. In that case, on failure to agree, the local authority should have an arbitrator appointed. Sub-sects. (2) and (3). "Settling the amount." — Sub-s. (2) (a) is very similar to s. 21 (1) (a), ante, p. 50, and sub-s. (3) to s. 21 (2). Eeferenoe should be made to the notes to that section. There is, however, one important difference. Sect. 21 deals with the value of the lands and interests, whereas this sub-s. (2) deals with the value of " the dwelling-house." The result of this would appear to be that this sub-section is only applicable to dwelling-houses, and that if there is any other kind of building such as a warehouse or a workshop to be compensated for, then, the compensation in respect thereof will be based on the general principles adopted under the Lands Clauses Acts, and the provision against an additional allowance for compulsory purchase will not be applicable. (See Jackson v. Knutsfcrd Urban District Council, [1914] 2 Ch. 686, per Eve, J., at p. 695.) Sub-s. (2) (b) of this section has no equivalent in Part I. In cases where an oljstructive building is taken down under s. 38, the compensation for demolition may be in part apportioned on the adjoining owners whose houses are increased iii value (sub-s. (8), ante, p. 79, and see notes thereto). But it appears that in a scheme under s. 39, adjoining owners are not to bear any part of the cost if no part of their land is taken. In the case of neighbouring lands which may now be included in a scheme under s. 39, the provision as to the exclusion of any additional allowance in respect of compulsory purchase does not apply. (Housing of the Working Classes Act, 1903, s. 7, post.) For removing doubts it is declared by s. 29 of the Housing, Town Planning, &c. Act, 1909, post, that a local authority may tender evidence before an arbitrator to prove the facts under the headings 1st, 2ndly, and 3rdly mentioned in sub-s. (3) of this section, notwithstanding that the local authority have not taken any steps with a view to remedying the defects or evils disclosed by the evidence. Sub-sect. (4). Conveyance by owner. — The local authority pay all costs connected with the conveyance. (See ss. 81-83 of the Lands Clauses Consolidation Acts, 1845.) In cases Where the owner is incapacitated, or refuses to convey, the money is payable into the Bank. (See ss. 69-80 of that Act. ) Sub-sect. (5). — These sections would be included in the ordinary course in an order which incorporated the Lands Clauses Acts, and are already incorporated by s. 38 (4) in regard to an arbitration as to the compensation 96 PART 2.— STATUTES. payable in respect of an obstructive building. Section 34, which is omitted, deals with the costs of the arbitration, but the provisions in sub-ss. (8) and (9) of this section take its place. Section 32 of the Lands Clauses Consolidation Act, 1845, enables the arbitrator to call for the production of documents and to examine witnesses on oath. Section 33 requires the arbitrator to make a declaration before a justice, and such declaration shall be annexed to the award. Section 35 requires the arbitrator to deliver his award in writing to the promoters of the undertaking— that is, to the local authority (s. 38 (4) and s. 39 (7) ). The promoters retain the same and must forthwith, on demand, at their own expense, furnish a copy thereof to the other party, and produce it at all times for inspection when required. Section 37 provides that the submission may be made a rule of court. (See these sections set out and annotated in Browne and Allan's Law of Compensation, 2nd ed. p. 31 et seq.) It should be remembered, however, that the Arbitration Act, 1889 (52 & 53 Vict. c. 49), will apply to this arbitration in so far as it is not expressly varied by the provisions of this Act. (See s. 24 thereof.) Sub-sect. (6). " By one awabd." — This is probably to save expense. There is a similar provision as regards Part I. in Art. 9 of Sched. II., post, p. 161. (See note thereto.) Sub-sect. (8). " Certify the amottnt of the costs." — This is apparently to be done after the award. The costs are in the discretion of the arbitrator, subject to the provisions in sub-s. (9). The intention of this provision is evidently to save the expense of taxation. Where the Lands Clauses Acts are incorporated in the Order, the taxation would take place in ordinary course under the Lands Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict. o. 11), but the provision in the section apparently takes the place of that Act. (See also Art. 28 of Sched. II. as to costs of arbitration under Part I.) Sub-sect. (9). " Before the appointment of the arbitrator." — Note that this is not before application for appointment, nor before the notice of appointment is received, but before the actual appointment. The application for particulars of claim will be made in ordinary course in the notice to treat, pursuant to the provision in s. 18 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18). Sub-sect. (10). " Amount . . . recoverable as a debt." — An action for the costs cannot be begun until demand has been made and seven days allowed to expire. The costs will then be recoverable by action in the ordinary way, and this action is quite independent of the payment of the compensation and of the conveyance of the land ; as to which, see sub-s. (4), supra. Sub-sect. (11). " The award shall be final." — This is always subject to the statement of a special case, and to the liability to be set aside for excess of jurisdiction. (See note to Art. 9 of Sched. II., post.) ACT OF 1890— PAET II., SS. 42, 43. 97 Expenses and Borrowing. 42. Expenses of local authority. — (1.) All expenses incurred by a local authority in the execution of this part of this Act shall be defrayed by them out of the local rate ; and that authority, notwithstanding any limit contained in any Act of Parliament respecting a local rate, may levy such local rate, or any increase thereof, for the purposes of this part of this Act. (2.) Any expenses incurred by a rural sanitary authority under this part of this Act, other than the expenses incurred in and incidental to proceedings for obtaining a closing order, shall be charged as special expenses on the contributory place in respect of which they are incurred. The local rate is defined in s. 92, post, p. 147, and Sohed. I. (See also note to s. 24, ante, p. 58.) " OBTADirNa A CLOSING OEDBB." — There are now no expenses for obtaining a closing order, as the local authority make the closing order themselves under s. 17 of the Housing, Town Planning, &o. Act, 1909, but costs may be incurred in connection with appeals from such orders, and in respect of demolition orders consequent on closing orders. Such costs should be charged as general expenses. As to such expenses, see ss. 229- 232 of the Public Health Act, 1875 (38 & 39 Vict. c. 55). 43. Provision as to borrowing. — (1.) A local authority may borrow for the purpose of raising sums required for purchase money or compensation payable under this part of this Act in like manner, and subject to the Uke conditions, as for the purpose of defraying the expenses of the execution by such authority of the Public Health Acts. (2.) The Public Works Loan Commissioners may, if they think fit, lend to any local authority the sums borrowed in pursuance of this part of this Act. This section does not apply to London. The necessary powers as regards London are contained in s. 46 (2), (3), post, p. 102. This section enabled local authorities to borrow merely for the purpose of paying the purchase-money and compensation, and not for otherwise carrying out the scheme. By the Housing of the Working Classes Act, 1894 (57 & 58 Vict. c. 55), s. 1, post, it is enacted that if the scheme or the order sanctioning the scheme, authorises the authority to borrow for any other purpose, they may borrow for that purpose in manner provided in this section, and in London as provided in s. 46. A.H. H 98 PART 2.— STATUTES. For the provisions as to borrowing, see ss. 233-243 of the Public Health Act, 1875 (38 & 39 Vict. c. 55). The maximum period for which loans may be sanctioned is eighty years, and that period has been substituted for sixty years in s. 234 of the Public Health Act, 1875. Money borrowed for the purposes of the Housing Acts is not reckoned for the purposes of the limitation on borrowing in sub-ss. (2) and (3) of the said s. 234. (Housing of the Working Classes Act, 1903, s. 1, post, and see note thereto.) The Public Works Loan Commissioners may, on the recommendation of the Local Government Board, lend for the period sanctioned, and at the lowest rate of interest allowed independently of the diu-ation of the loan. (Housing, Town Planning, &c. Act, 1909, s. 3, post.) The present lowest rate of interest is 4^ per cent. Sect. 83, post, which related to the same matter, has been repealed by the last-mentioned Act, Sched. VL 44. Annual account to he presented by the local authority. — Every local authority shall every year present to the Local Government Board, in such form as they may direct, an account of what has been done, and of all monies received and paid by them during the previous year, with a view to carrying into effect the purposes of this part of this Act. As to the keeping and auditing of accounts of receipts and expenditure under this Act, see s. 80, post, p. 139. In London, the account mentioned in this section will also be sent to the Local Government Board. (Housing of the Working Classes Act, 1903, s. 2, and see note thereto, post.) Powers of County Councils. 45. Powers oj county councils. — (1.) Where the medical ofBcer of health or any inhabitant householders make a repre- sentation or complaint, or give information to any vestry or district board in the administrative county of London or td the local board of Woolwich, or to any rural sanitary authority elsewhere (which vestry, board, or authority is in this Act referred to as the district authority) or the medical officer of such authority either respecting any dwelling-house being in a state so dangerous or injurious to health as to be unfit for human habitation, or respecting an obstructive building, and also where a closing order has been made as respects any dwelling-house, the district authority shall forthwith forward to the county council of the county in which the dwelling- house or building is situate, a copy of such representation, ACT OF 1890— PART II., S. 45. 99 complaint, information, or closing order, and shall from time to time report to the council such particulars as the council require respecting any proceedings taken by the authority with reference to such representation, complaint, information, or dwelling-house. (2.) Where the county council — (a.) are of opinion that proceedings for a closing order as respects any dwelling-house ought to be insti- tuted, or that an order ought to be made for the demolition of any buildings forming or forming part of any dwelling-house as to which a closing order has been made, or that an order ought to be made for pulling down an obstructive building specified in any representation under this part of this Act ; and (b.) after reasonable notice, not being less than one month, of such opinion has been given in writing to the district authority, consider that such authority have failed to institute or properly prosecute proceedings, or to make the order for demolition, or to take steps for pulling down an obstructive building ; the council may pass a resolution to that effect, and thereupon the powers of the district authority as respects the said dwelling- house and building under this- part of this Act (otherwise than in respect of a scheme), shall be vested in the county council, and if a closing order or an order for demolition or for puUing down an obstructive building is made, and not disallowed on appeal, the expenses of the council incurred as respects the said dwelling-house and building, including any compensation paid, shall be a simple contract debt to the council irom the district authority. (3.) Any debt to the council under this section shall be defrayed by the district authority as part of their expenses in the execution of this part of this Act. (4.) The county council and any of their officers shall, for the purposes of this section, have the same right of admission to any premises as any district authority or their officers have 100 PART 2.— STATUTES. for the purpose of the execution of their duties under the enact- ments relating to public health, and a justice may make the Hke order for enforcing such admission. Sub-sect. (1). " Make a ebpeesentation." — This section refers more particularly to representations and complaints made under ss. 30, 31 (1), and 38 (1) and (2), but appears to extend to information given in a less formal manner (see s. 17 of the Housing, Town Planning, &c. Act, 1909, post, p. 232, which takes the place of s. 32). It does not apply to urban district authorities. As regards urban districts, the householders who may have made a complaint under s. 31, may petition the Local Government Board under sub-s. (2) of that section, but there appears to be no like provision as regards s. 38, but probably this difficulty is met by the Housing, Town Planning, &c. Act, 1909, s. 10. A parish council has the same powers of making a representation or complaint as four householders, by virtue of the Local Government Act, 1894 (56 & 57 Vict. c. 73), s. .6 (2), and their complaint must likewise be forwarded to the county council under this section. A county medical officer of health may make a representation to his own council and that council may forward it to the local authority, and if the local authority do not act on it, the county council may do so. {Sees. 52, post, ip. 110.) County of London. — -Metropolitan boroughs, among which Woolwich is included, now take the place of vestries and district boards. (London Government Act, 1899 (62 & 63 Vict. o. 14), ss. I and 19.) By s. 76 of the principal Act, post, p. 137, a medical officer of health appointed by the London Councy Council is to be deemed a medical officer of health of a local authority within the meaning of the powers of that Act. In London, any report of the medical officer of health under this Act is to be deemed a special report, and copies must be sent to the Local Government Board and to the county council. (Sanitary Officer ' (London) Order, December 8th, 1891.) ,^ " Shall forthwith forward." — In addition to forwarding the copies of the documents mentioned to the county council, the clerk of a rural district council must also forward like copies to the medical officer of health of the county. The medical officer of health of a district is also required to give to the medical officer of health of the county any informa- tion which it is in his power to give, and which the medical officer of health of the county may reasonably require from him for the purpose of his duties prescribed by the Local Government Board (Housing, Town Planning, &c. Act, 1909, s. 69, post, p. 270). Sub-sect. (2). "Reasonable notice . . . to district authority." — The district authority are given at least a calendar month to carry out their duties under this Act, but if they neglect to do so, at the end of that period the county council may pass a resolution that proceedings should be taken, and then the county council can undertake the duties (except making a scheme under s 39), and proceed to carry out the Act in the same way as a district authority, and at their expense. As to expenses, see ACT OF 1890— PART II., S. 46. 101 s. 42, ante, p. 97. In London, where a scheme is required under s. 39, the county council may undertake it under s. 46 (5), in place of the Metropolitan borough. The expenses are regulated by s. 46 (5), (6). In a case before the county court judge of Seaham Harbour (Judge Mbynell), it was held that in the expenses recoverable by the county council from the district council, there could not be included any charge for the time of the medical officer of health and inspector of nuisances of the county council, taken up in obtaining a closing order, where these officials were permanent whole time servants of the council, and no fees had been paid to them. {County Council of Durham v. Easingtoii District Council (1897), 61 J. P. 121.) Vested m cotrsfTY council.— Duties in regard to carrying out pur- poses of the Housing Acts, may also be vested in the county council under the Housing, Town Planning, &c. Act, 1909, s. 10 (3), (4). Sub-sect. (4). " Same eight ob' admission."— By s. 68 (4) of the Housing, Town Planning, &c. Act, 1909, the medical officer of health of a county is given the same powers of entry on premises as are conferred on a medical officer of health of a district by or under any enactment. As to entry for the purposes of this part of the principal Act, see s. 51 thereof, post, p. 109, and for general powers of entry see Housing, Town Planning, &c. Act, 1909, s. 36, post, p. 252. In the Public Health Acts there is no general power enabling officers to enter premises. This provision refers to s. 102 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), which enables officers to enter premises for the purpose of examining as to the existence of a nuisance, and after an order for abatement, to abate the nuisance if the order has not been complied with. If admission is refused a justice under that section may authorise the officer to enter. There are also certain powers of entry given by s. 305 of the same Act. The Public Health Act (London), 1891 (54 & 55 Vict. c. 76), ss. 10, 115, confers wider powers of entry. Special Provisions as to London. 46. Application of part of Act to London. — This part of this Act shall apply to the administrative county of London with the following modifications : — (1.) The provisions of the Public Health Acts relating to private improvement expenses and to private im- provement rates shall, for the purpose of this part of this Act, extend to the county and to the city of London, and in the construction of the said provisions, as respects the county of London, any local authority in that county, and as respects the city of London 102 PAET 2.— STATUTES. the Commissioners of Sewers (n), shall be deemed to be the urban authority. (2.) The raising of sums required for purchase money or compensation payable under this part of this Act shall be a purpose for which the London County Council or the Commissioners of Sewers {n) of the city of London, may borrow under Part One of this Act, and a purpose for which a vestry or district board (o) may borrow under the Metropolis Manage- ment Act, 1855, and the provisions of Part One of this Act with respect to borrowing, and sections one hundred and eighty-three to one hundred and ninety- one of the Metropohs Management Act, 1855, shall apply and have effect accordingly. (3.) The London County Council may, if they think fit, lend to a local authority in the administrative county of London the sums borrowed in pursuance of this part of this Act, (5.) Where it appears to the county council, whether in the exercise of the powers of a vestry or district board (o) or on the representation of a vestry or district board or otherwise, that a scheme under this part of this Act ought to be made, the council may take proceedings for preparing and obtainiag the confirmation of a scheme, and the provisions of this Act respecting the scheme shall apply in like manner as if they were the vestry or district board, and all expenses of and incidental to the scheme and carrying the same into effect shaU, save as hereia-after men- tioned, be borne by the county fund. (6.) Where the council consider that such expenses, or a contribution in respect of them, ought to be paid or made by a vestry or district board, they may apply to a Secretary of State (p), and the Secretary of State, (ra) Now the Common Council ; see note, ante, p. 61. (o) Now a Metropolitan Borough Council. {p) Now the Local Government Board. ACT OF 1890— PART II., S. 46. 103 if satisfied that, having regard to the size of the area, to the number, position, structure, sanitary condition, and neighbourhood of the buildings to be dealt with, the vestry or district board ought to pay, or make a contribution in respect of, the said expenses, the Secretary of State (q) may order such payment or contribution to be made, and the amount thereof shall be a simple contract debt from the vestry or district board to the council. (7.) The county council may, if they think fit, pay or con- tribute to the payment of the expenses of carrying into effect a scheme under this part of this Act by a vestry or district board (r), and if a vestry or district board consider that the expenses of carrying into effect any scheme under this part of this Act, or a contribution in respect of those expenses, ought to be paid or made by the county council, and the county council decline or fail to agree to pay or make the same, the vestry or district board may apply to a Secretary of State (r), and if the Secretary of Statfe is satisfied that, having regard to the size of the area, to the number, position, structure, sanitary condition, and neighbourhood of the buildings to be dealt with, the council ought to pay or make a contribution in respect of the said expenses, he may order such pay- ment or contribution to be made, and the amount thereof shall be a simple contract debt from the council to the vestry or district board. (8.) In the application of this section to Woolwich, the local board of health shall be deemed to be a district board, but the raising of any sums required for pur- chase money or compensation payable under this part of this Act shall be a purpose for which they may borrow under the Public Health Acts, and the Public Health Acts shall apply accordingly. (q) Now the Local Government Board, (r) Now a Metropolitan Borough Council. 104 PART 2.— STATUTES. Sub-sect. (1). " Pkivate impeovbment expenses." — These sections are required for the purpose of obtaining from neighboviring owners the increased value of their houses caused by the taking down of an obstructive building ; they are extended to London as there are no equivalent pro- visions in the London Acts. (See s. 38 (8), ante, p 79, and the notes thereto, p. 84.) Sub-sect. (2). BoREOWiNG powees. — ^The borrowing powers are now extended to any purpose for which the local authority are authorised to borrow by the scheme or the order sanctioning it (Housing of the Working Classes Act, 1894, post). The borrowing powers in the county or city under Part I. will be found in s. 25 (2) and (3), ant.e, p. 60. The borrowing powers of vestries and district boards are regulated by the Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), ss. 183-192. Vestries and district boards are now superseded by borough councils, to whom their powers are transferred by the London Government Act, 1899 (62 & 63 Vict. c. 14), ss. 1, 4. If the county council refuse their sanction to a loan, an appeal now lies to the Local Government Board {ibid., s. 4). The term - for which money may be borrowed under these powers has now been extended to eighty years, and s. 190 of the Metropolis Management Act, 1855, has been altered accordingly. (Housing of the Working Classes Act, 1903, ss. 1 and 15, and see notes thereto.) The Public Works Loan Com- missioners have also been authorised on the recommendation of the Local Government Board to lend for that period and at the lowest fate of interest. (Housing, Town Planning, &c. Act, 1909, s. 3, post, and see note to s. 25, ante.) The borrowing powers under this sub-s. may also be used by a metropolitan borough council for the purpose of contributing to the expenses of the London County Council in connection with reconstruction schemes. (Housing of the Working Classes Act, 1903, s. 14, post, p. 202, and see note to sub-s. (5), infra.) Sub-sect. (3). County council may lend. — The county council may lend money for housing purposes for a period not exceeding sixty years. The money lent may be made repayable either in one sum or by instalments, or by a series of equal annual or other instalments, to include both principal and interest, or otherwise as may be agreed upon between the council and the borrowers. Where under the authority of any Act the Council lend any money to any body or person, the exercise of whose powers of borrowing is subject to the consent of the Local Government Board, the sanction of that Board to the borrowing of such money shall be con- clusive evidence that such body or person had, when such condition was granted, power to borrow such money (London County Council (Finance) Consolidation Act, 1912 (2 & 3 Geo. V.), c. cv., s. 7, sub-ss. (2), (3) and (4) ). Sub-sect. (4). — This sub-section has been repealed by the Statute Law Revision Act, 1908 (8 Edw. VII. c. 49) as unnecessary. It substituted a Secretary of State for the Local Government in respect of certain matters. All the powers of a Secretary of State have now been transferred to the Local Government Board. See Housing of the Working Classes Act, 1903, B. 2, and note thereto, post, p. 193. Sub-sect. (5). Scheme by county council. — By s. 45, ante, p. 98, the county council may intervene to obtain a closing order or demolition ACT OF 1890— PART II., S. 46. 105 of a building, in cases where the local or district authority neglect to do so ; but under that section there is no power to make and carry out a scheme under s. 39, ante, p. 85. This sub-section gives the London County Council that power, both when the local authority neglect to proceed, and also without any neglect or refusal on the part of the local or district authority. By s. 72, 'post, p. 130, if the scheme affects no more than ten houses, it must be referred to the local authority whose duty it is to deal with it under Part II. ; but if they fail to do so the county council could then proceed under this sub-section. Similarly if the scheme is not of general importance to London and should be dealt with under Part II., then the local authority and not the county coimcU should proceed under s. 73 (1) (b), post, p. 131 ; but there may be cases where the scheme is of general importance to the county of London and yet should be dealt with under Part II., then in such case the county council ought to proceed under Part II. pursuant to this sub-section. (See note to s. 39 ante, p. 88.) As to the county fund, see Sched. I., post, p. 153. Sub-sect. (6). " A coNTEiBrTiON." — When the county council proceed the council of a metropolitan borough may, if they think fit, pay or con- tribute towards the payment of any expenses of the county council in connection with a scheme of reconstruction, and may borrow the money for the purpose under sub-s. (2) of this section, and an order under sub-s. (6) will not be necessary except in cases of disagreement between the county and borough councils. (Housing of the Working Classes Act, 1903, s. 14, post, p. 202.) If the borough council have neglected to perform their duties under the Act, and the council have intervened, then doubtless an order will be made by the Local Government Board ordering the borough council to pay the whole or part of the expenses. Payments or contributions agreed or ordered to be paid \mder this or the next sub-section, whether by the borough council or by the county council, may be made either by the payment of a lump sum or by means of an aimual pajonent of such amount and for such number of years as may be agreed upon or ordered. (Housing, Town Planning, &c. Act, 1909, s. 33,;pos<, p. 249.) Sub-sect. (7). "County council may . . . contribute." — This relates to schemes under Part II. carried out by a borough council, which schemes are of some general importance to the county of London. (See s. 73, post, p. 131.) Disputes have arisen as to whether the contribution by the county council should be a proportionate part of the gross or net expenses. In connection with a scheme by the Shoreditch Vestry, the Home Secretary sanctioned an agreement by which the council agreed to pay a lump sum equal to halt the estimated net cost. As to the expenses to be included in calculating the contribution, the St. Pancras Borough Council received a letter from the Home Office as follows : " I am directed by the Secretary of State to acquaint you that he is advised that the expenses incurred in connection with proceedings leading up to the con- firmation of a scheme are not ' expenses of carrying into effect a scheme under this part of this Act ' within the meaning of section 46 (7) of the statute, and consequently that they are excluded from those to which the 106 PART 2.— STATUTES. London County Council can be called upon to contribute imder that enactment. The provisions, however, as to the re-housing of persons of the working class displaced are an integral part of the scheme, and the expenses of carrying those provisions iiito efiect come within the words quoted above, and are included among the expenses to which the London County Council can be required to contribute. At the same time the Secretary of State would observe that the scheme, as a consequence of s. 39 (8) of the Act, is to be carried into execution in accordance with s. 12, so that possibly there may be receipts in reduction of outla,y ; and he would suggest that the London Comity Council, as well as the borough council, will be entitled to a share of any such receipts " (65 J. P. 10). As to paying contributions by instalments, see note to last sub-section. Sub-sect. (8). "Woolwich." The parish of Woolwich was consti- tuted a district under the Public Health Act, 1848 (11 & 12 Vict. c. 63). By the London Government Act, 1899 (62 & 63 Vict. c. 14), it was made a metropolitan borough, and by s. 19 it became subject to the Metropolitan Management Acts and other Acts relating to London, and the Public Health Act, 1875 (38 & 39 Vict. c. 65), ceased to apply to it, save as it is applied to London generally. Supplemental. 47. Provision as lo superior landlord. — (1.) Where an owner of any dwelling-house is not the person in receipt of the rents and profits thereof, he may give notice of such ownership to the local authority, and thereupon the local authority shall give such owner notice of any proceedings taken by them in pursuance of this part of this Act in relation to such dwelling-house. (2.) If it appears to a court of summary jurisdiction on the appHcation of any owner of the dwelling-house that default is being made in the execution of any works required to be executed on any dwelling-house in respect of which a closing order has been made, or in the demoHtion of any building or any dwelling-house, or in claiming to retain any site in pursuance of this part of this Act, and that the interests of the appHcant will be prejudiced by such default, and that it is just to make the order, the court may make an order empowering the apphcant forthwith to enter on the dwelling-house, and within the time fixed by the order to execute the said works, or to demohsb the building or to claim to retain the site, as the case may be, and where it seems to the court just so to do, the court may make a like order in favour of any other owner. (3.) A court of summary jurisdiction may in any case ACT OF 1890— PART II., SS. 47, 48. 107 by order enlarge the time allowed under any order for the execution of any loorks or the demolition of a building, or the time within which a claim may be made to retain the site of a building. (4.) Before an order is made under this section notice of the apphcation shall be given to the local authority. "Owner of any dwelling-house." — The term "owner" is defined by s. 49 (2) of the Housing, Town Planning, &c. Act, 1909, post (see note, ante, p. 82), and from that definition it follows that there may be several persons who may be owners. Thus, if the dweUiag-house has been leased for a term of more than twenty-one years, the owner, who would in ordinary course be liable to do the work, would be the lessee. In connection with closing and demolition orders under ss. 17 and 18 of the Housing, Town Planning, &c. Act, 1909 (see ante, pp. 68 and 70), notices must now be served upon every owner. Under this section, sub-s. (1), the rever- sioner may intervene to protect his interest in the subsequent proceedings. If there are several owners the court may make the order in favour of any owner, and it will probably, in case of dispute, be made in favour of the owner of the first estate. The Court may, under sub-s. (3),_give longer time than the month allowed by s. 38 (5) to claim to retain the site, but the provision as to giving longer time for the execution of works or the demolition of a building has been repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI., post ; and s. 21 of that Act expressly provides that the above sub-s. (3) shall cease to have effect as respects the time allowed for the execution of any works or the demolition of a building under a closing order or under an order for the demolition of a building. Procedure. — The application, it would appear, should be made in open court (s. 20, Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and a summons will, in most cases, be necessary to be served on the person in default ; notice must also be given to the local authority under sub-s. (4), supra, and it would seem advisable also to give a notice to owners of prior estates and interests. 48. Bemedies of owner for breach, of covenant, dc, not to he "prejudiced. — Nothing in this part of this Act shall prejudice or interfere with the right or remedies of any owner for the breach, non-observance, or non-performance of any covenant or contract entered into by a tenant or lessee in reference to any dwelling-house in respect of which an order is made by a local authority under this part of this Act ; and if any owner is obliged to take possession of any dwelling-house in order to comply with any such order, the taking possession shall not affect his right to avail himself of any such breach, non- observance, or non-performance that may have occurred prior to his so taking possession. 108 PART 2.— STATUTES. As it is the owner who is to be served vinder this part of this Act, this section is to prevent the tenant or lessee from escaping from the liability entailed by the covenants into which he has entered. Entry on the part of a lessor usually determines the lease, but this section preserves aU the lessor's rights, and he will be able, notwithstanding such entry, to sue in respect of breaches of covenants to keep ia repair or otherwise. The same rights are preserved even if the freeholder or owner intervenes under the last section, or if the house is closed or demolished. Under this Act, until amended by the Housing, Town Planning, &c. Act, 1909, ss. 17 and 18, closing orders and demolition orders were made by courts of summary jurisdiction, and not by a local authority, so that strictly this section did not apply to them. It is a re-enactment of s. 22 of the Artisans and Labourers Dwellings Act, 1868 (31 & 32 Vict. c. 130), mider which the local authority could order certain specified works to be done. See now s. 15 of the Housing, Town Planning, &c. Act,1909, and the saving of rights of tenants in sub-s. (9) thereof. 49. Service of notices. — (1.) Where the owner of any dwell- ing-house and his residence or place of business are known to the local authority, it shall be the duty of the clerk of the local authority, if the residence or place of business is within the district of such local authority, to serve any notice by this part of this Act required to be served on the owner, by giving it to him, or for him, to some inmate of his residence or place of business within the district ; and in any other case it shall be the duty of the clerk of the local authority to serve the notice by post in a registered letter addressed to the owner at his residence or place of business. (2.) Where the owner of the dwelling-house or his residence or place of business is not known to, and after diligent inquiry cannot be found by the local authority, then the clerk of the local authority may serve the notice by leaving it, addressed to the owner, with some occupier of the dwelling-house, or if there be not an occupier, then by causing it to be put up on some conspicuous part of the dwelling-house. (3.) Notice served upon the agent of the owner shall be deemed notice to the owner. The last part of sub-s. (1) has been amended by s. 13 (1) of the Housing of the Working Classes Act, 1903, post, which provides that any notice required to be served under Part II. of the principal Act upon an owner shall, notwithstanding anything in s. 49 of that Act, be deemed to be suffi- ciently served if it is sent by post in a registered letter addressed to the owner or his agent at his usual or last known residence or place of business. ACT OF 1890— PART II., SS. 60, 51. 109 Notices should be in writing and signed by the clerk (s. 86). It would appear to be enough if the clerk causes them to be served ; it cannot be intended that the clerk should serve each personally. Unless the contrary is proved the service will be deemed to have been efieoted at the time at which the letter would be delivered in the ordinary course of post. (Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 26.) Although sub-s. (3) provides that notice may be served on the agent, it must be addressed to the owner. This section has been extended so as to apply to cases under s. 15 of the Housing, Town Planning, &c. Act, 1909, post, which relates to land- lords keeping in repair houses let to persons of the working classes. 50. Description of owner in •proceedings. — Where in any proceedings under this part of this Act it is necessary to refer to the owner of any dwelling-house, it shall be sufficient to designate him as the " owner " thereof without name or further description. It is usual, and is advisable, to insert the name of the owner and his description when it is known, otherwise it may lead to considerable con- fusion, especially when there may be several persons who are "owners." This section is extended so as to apply to cases tmder s. 15 of the Housing, Town Planning, &c. Act, 1909, which relates to contracts by landlord as to keeping houses in repair. 51. Penalty Jor preventing execution of Act. — (1.) If any person being the occupier of any dwelHng-house prevents the owner thereof, or being the owner or occupier of any dwelling- house prevents the medical officer of health, or the officers, agents, servants, or workmen of such owner or officer from carrying into effect with respect to the dwelling-house any of the provisions of this part of this Act, after notice of the in- tention so to do has been given to such person, any court of summary jurisdiction on proof thereof may order such person to permit to be done on such premises all things requisite for carrying into effect, with respect to such dwelling-house, the provision of this part of this Act. (2.) If at the expiration of ten days after the service of such order such person fails to comply therewith, he shall for every day during which the failure continues be liable on summary conviction to a fine not exceeding twenty pounds : Provided that if any such failure is by the occupier, the owner, unless assenting thereto, shall not be liable to such fine. no PART 2.— STATUTES. There is a provision in s. 17 (4) of the Housing, Town Planning, &c. Act, 1909, enabling the local authority to get rid of tenants when a closing order is made. Other cases of obstruction may be dealt with under this section. This section is extended so as to apply to cases of enforcing byelaws under s. 16 of the Housing, Town Planning, &c. Act, 1909, post. The section appears wide enough to apply to cases of refusal to allow the medical officer of health to inspect a house as to its fitness for habitation, or as to its being an obstructive building. The medical officer of health of a county has for the piurposes of his duties the same powers of entry on premises as are conferred on a medical officer of health of a district, by or under any enactment. (Housing, Town Planning, &c. Act, 1909, s. 68 (4), •post.) This provision extends to London, ibid., s. 70. There are also further powers of entry for certain purposes conferred upon any person authorised in writing stating the particular purpose or purposes for which the entry is authorised by the local authority or the Local Government Board, ibid.,s. 36, post. Among the purposes is that of survey and examina- tion where it appears to the authority or Board that survey or examination is necessary in order to determine whether any powers under the Housing Acts should be exercised in respect of any house, premises or building. If an owner prevents a properly authorised person from entering for purposes of survey and examination under s. 36, an order to permit such entry may be made on the owner by a court of summary jurisdiction, under the provision in the text or for a penalty under s. 89. Arlidge v. Scrase and Others, [1915] 3 K. B. 325. Obstruction by the tenants with the owner's knowledge and assent is sufficient to render the latter liable, ibid., p. 326. Under sub-s. (1), as an order must be made, a complaint will be necessary, and the defendant should probably be summoned. As to fines, see also s. 90, post p. 146. Under sub-s. (2) an information should be laid and the defendant convicted. 52. Bejport to local authority by county medical officer. — A representation from the medical officer of health of any county- submitted to the county council and forwarded by that council to the local authority of any district in the county, not being a borough as defined by the Municipal Corporations Act, 1882, shall, for the purposes of this part of this Act, have the like effect as a representation from the medical officer of health of the district. By s. 17 (1) of the Local Government Act, 1888, the Council of any county were empowered to appoint one or more medical officers of health. It is now obligatory upon every county council to appoint a medical officer of health. Housing, Town Planning, &o. Act, 1909, s. 68. A representation so forwarded will then amount to a representation of their own medical officer, and the district council ought to proceed accordingly, failing which, in London and in rural districts, the county council may intervene and do so under s. 45, ante, p. 98. As to such re- presentations see ss. 30 and 38, ante, pp. 65, 77, and s. 17 of the Housing, Town Planning, &o. Act, 1909, ante, p. 68. ACT OF 1890— PAET III., S. 53. Ill PART III. Working Class Lodging Houses. Adoption of Part III. •This part of the Act consolidates and amends the Labouring Classes Lodging Houses Acts, namely, 14 & 15 Vict. c. 34 (Labouring Classes Lodging Houses Act, 1851) ; 29 & 30 Vict. c. 28 (Labouring Classes Dwelling-Houses Act, 1866) ; 30 & 31 Vict. c. 28 (Labouring Classes Dwelling-Houses Act, 1867). These Acts were amended by the Housing of the Working Classes Act, 1885 (48 & 49 Vict. c. 72). This part of the Act has been substantially amended by the Housing of the Working Classes Acts, 1900 and 1903, and by the Housing, Town Planning, &c. Act, 1909. It formerly required to be adopted, but by s. 1 of the last-mentioned Act it now takes effect without adoption. 53. Definition of lodging houses and cottage. — (1.) The expression " lodging houses for the working classes " when used in this part of this Act shall include separate houses or cottages for the working classes, whether containing one or several tenements, and the purposes of this part of this Act shall include the provision of such houses and cottages. (2.) The expression " cottage " in this part of this Act may include a garden of not more than half an [one] acre, pro- vided that the estimated annual value of such garden shall not exceed three pounds. " Lodging houses." — Originally the expression " lodging houses " was used in its ordinary meaning (see Labouring Classes Lodging Houses Act, 1851 (14 & 15 Vict. c. 34). The provisions thereof were subsequently made applicable to dwelling-houses for the labouring classes. The ex- pression now includes both dwelling-houses and lodging houses, and in this respect is somewhat misleading. A lodging house in the ordinary acceptation of the term is a house where all or some of the rooms are let, but the landlord resides personally, or by an agent, or otherwise exercises some control. (Bradley v. Baylis (1881), 8 Q. B. D. 195 ; AucheliU v. Baylis (1882), 10 Q. B. D. 577.) Under the Public.Health Act, 1875, s. 90, and Public Health (London) Act, 1891, s. 94, byelaws may be made in respect of a house which is let in lodgings or occupied by members of more than one family. A common lodging house is that class of lodging house in which persons of the poorer class are received for short periods, and although strangers 112 PART 2.— STATUTES. to one another are allowed to inhabit one common room. {Logsdon v. Booth, [1900] 1 Q. B. 401 ; Logsdon v. Trotter, [1900] 1 Q. B. 617 ; Langdon V. Broadbent (1877), 42 J. P. 56; London County Council v. Hankins, [1914] 1 K. B. 490; and see also Parker v. Talbot, [1905] 2 Ch. 643.) This part of the Act contemplates the erection of buildings which may be let to persons as tenants or as lodgers, and does not seem to exclude common lodging houses. (See, for example, ss. 61 and 62.) " Cottage." — The definition of cottage as it stood in this Act has been repealed and a new definition substituted. The efieot of the substitution is shown in the section. The words in italics are repealed and the word " one " is substituted for the words " half an." (Housing, Town Planning, &c. Act, 1909, s. 50, and Sched. VI., post.) 54. Adoption o/ this part of Act. 55. Provisions in case of adoption hy rural sanitary authority. Sects. 54 and 55 were to a large extent repealed by the Housing of the Working Classes Act, 1900, and in the case of rural districts a new pro- cedure was provided in s. 2 of that Act, while s. 6 gave power to coimty councils to adopt it in certain cases on the failure of a rural authority to do so. All these provisions have now been repealed by the Housing, Town Planning, &c. Act, 1909, Sched. VI., post ; and s. 1 thereof provides that this part shaU extend to ani take efiect in every urban or rural district, or other place for which it has not been adopted, as it it had been so adopted. Execution of Part III., by Local Authority. 56. Powers of local authority. — Where this part of this Act has been adopted in any district, the local authority shall have power to carry it into execution (subject to the provisions of this part of this Act with respect to rural sanitary authorities), and for that purpose may exercise the same powers whether of contract or otherwise as in the execution of their duties in the case of the London county council under the liletropolis Management Act, 1855, and the Acts amending the same ; or in the case of sanitary authorities under the Public Health Acts, or in the case of the Conunissioners of Sewers under the Acts conferring powers on such Commissioners. Adoption. — ^Adoption is now no longer necessary, as the Act takes effect in every place (see note ss. 54, 55, supra). The words in brackets as to usual sanitary authorities are now practically unnecessary, as rural authorities have now very much the same powers as other authorities, although there is a slight variation as to the procedure for acquiring land compulsorily. ACT OF 1890— PART III., SS. 66, 57. 113 Local Authority. — The expression " local authority " is defined in s. 92 and Sched. I., post, pp. 147, 153, but subsequent legislation has made considerable alterations. (See Consolidation, Part 3, post.) The local authority outside of London, whether in boroughs, urban or rural districts, is the council, or in other words the sanitary authority. In certain cases in rural districts the county council may act in defaidt of the district council (Housing, Town Planning, &c. Act, 1909, s. 12, post) ; and in certain other cases the Local Government Board may confer powers on county councils of so acting in rural districts ; ibid., s. 13, post. Sect. 10 of the same Act also enables the Local Government Board to order local authorities to put the Act in operation. In London the " local authority " includes the London County Council, the City Council, and the Metropolitan Borough Councils, within their respective areas. (As to which latter, see London Government Act, 1899 (62 & 63 Vict. c. 14), s. 5 (2) ; and Housing of the Working Classes Act, 1900, s. 3, post, and note thereto.) " London County Council." — Sect. 149 of the Metropolis Management Act, 1855, enables the county council, and borough councils, to enter into all such contracts as they may think necessary for carrying this Act into execution. Contracts over £10 must be in writing and sealed. Sects. 150- 156 of the same Act enable the council to acquire land for the purposes of that Act, but it would appear that these provisions are not applicable to this Act, notwithstanding the provision in the text that the county council are to have " the same powers of contract or otherwise " as they have under the Metropolis Management Act, 1855, for there are express provisions in the next section as to the acquisition of land. "Sanitary Authorities." — The powers of contracting of sanitary authorities are contained in ss. 173 and 174 of the Public Health Act, 1875. A rural district comicil must contract in writing under seal in all cases, except where it would lead to great inconvenience ; as for example, where the matter is too insignificant or of too frequent occurrence to fce worth the trouble of affixing the seal. Urban district councils may contract verbally or in writing, without the seal, in contracts under £50. For contracts above that sum the conditions of s. 174 must be followed so far as the same are applicable. (See these sections fully noted in Lumley's Public Health Acts.) City of London. — For the Commissioners of Sewers read now the Common Council of the city of London (60 & 61 Vict. o. cxxxiii.), and see note to Sched. I., post, p. 154. Their powers of contracting were given by the City of London Sewers Act, 1848 (11 & 12 Vict. c. clxii.), and these powers are now transferred to the Common Council. Metropolitan boroughs. — The councils of these boroughs will contract under their general powers, and s. 3 of the Housing of the Working Classes Act, 1900, post, enables thepi to pay the expenses out of the general rate and to borrow. 57. Acquisition of land. — (1.) Land for the purposes of this part of this Act may be acquired by a local authority in A.H. I 114 PART 2.— STATUTES. like maimer as if those purposes were purposes of the Pubhc Health Act, 1875, and sections one hundred and seventy-five to one hundred and seventy-eight, both inclusive, of that Act (relating to the purchase of lands), shaU apply accordingly, and shall for the purposes of this part of this Act extend to London in hke manner as if the Commissioners of Sewers (s) and London County Council respectively were a local authority in the said sections mentioned, and a Secretary of State were substituted for the Local Government Board. (2.) The local authority may, if they think fit, contract for the purchase or lease of any lodging houses for the working classes already, or hereafter to be built and provided. (3.) The local authority may, if not a rural sanitary authority, with the consent of the Local Government Board, and if a rural sanitary authority with the consent of the county council of the county in which the land is situate, appropriate, for the purposes of this part of this Act, any lodging houses so purchased or taken on lease, and any other land which may be for the time being vested in them, or at their disposal. Subject. (1). " Purposes of this paet." — The purposes of this part are erection of lodging houses, dwelling houses, and cottages. (See s. 59, post.) In connection with these, shops, or other buildings, recreation grounds, or other land may in certain cases be provided (Housing of the Working Classes Act, 1903, s. 11), and on the land acquired public streets and roads may be laid out. (Housing, Town Planning, &c. Act, 1909, s. 6.) The words in italics were repealed by the Statute Law Revision Act, 1908 (8 Edw. VII. c. 49). Acquisition of land. — This section has been very substantially amended in regard to the acquisition of land by subsequent Acts, and more par- ticularly by the Housing, Town Planning, &o. Act, 1909, s. 2, and Sched. L, post. Land is stiU to be acquired for the purposes of this part of the Act in the same way as if the land was wanted for the purposes of the Public Health Act, 1875, and this is so whether the local authority is a local authority in London or not ; but the procedure as regards compulsory purchase is completely altered. Local authorities, other than rural district councils, may acquire land for supplying the needs of their districts, either within or outside their districts. (Housing of the Working Classes Act, 1900, s. l,post.) A local authority may also, with the consent of and subject to any conditions imposed by the Local Government Board, acquire land for («) The Common Council. ACT OF 1890— PART III., S. 57. 115 the purposes of this part, notwithstanding that the land is not immediatelj' required for these purposes. (Housing, Town Planning, &c. Act, 1909, s. 2 (3), post.) They may also accept donations of land, ibid., s. 8, but they cannot acquire sites of ancient monuments or other objects of archseologioal interest, ibid., s. 45 ; and as to commons, open spaces, and allotments, see ibid., s. 73, post. In order to carry out the acquisition of land, ss. 175-178 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), are made applicable, with this exception, that the procedure for compulsory purchase in s. 176 shall no longer apply, and a new procedure is substituted by the Housing, Town Planning, &c. Act, 1909, s. 2, post. (See note, compulsory purchase, infra.) It should be noted, however, that it is only that part which relates to compulsory procedure that is superseded, and the remainder of s. 170 is stiU applicable. Other provisions in ss. 175-178 are also modified. These sections are as follows : — 175. Any local authority may, for the purposes and subject to the provisions of this Act, purchase or take on lease, sell or exchange any lands, whether situated within or without their district ; they may also buy up any water-mill, dam or weir which interferes with the proper drainage of or the supply of water to their district. Any lands acquired by a local authority in pursuance of any powers in this Act contained and not required for the purpose for which they were acquired shall (unless the Local Government Board otherwise direct) be sold at the best price that can be gotten for the same, and the proceeds of such sale shall be applied towards discharge, by means of a sinking fund or otherwise, of any principal moneys which have been borrowed by such authority on the security of the fund or rate appli- cable by them for the general purposes of this Act, or if no such principal moneys are outstanding shall be carried to the account of such fund or rate. Although this section authorises the local authority to sell and exchange lands, other provisions as to sale and exchange are contained in s. 60 of the principal Act, post, and as to application of proceeds see s. 32 of the Housing, Town Planning, &c.. Act, post, p. 249. It is also provided that notwith- standing anything contained in the principal Act, it shall not be obligatory upon a local authority to seU and dispose of any lands or dwellings acquired or constructed by them for any purposes of the Housing Acts (Housing, Town Plannmg, &o. Act, 1909, s. 40, post). 176. With respect to the purchase of lands by a local authority for the purposes of this Act, the following regulations shall be observed ; (that is to say) — (1) The Lands Clauses Consolidation Acts, 1845, 1860, and 1869, shall be incorporated with this Act, except the provisions relating to access to the special Act, and except s. 127 of the Lands Clauses Con- solidation Act, 1845. The rest of this section relates to the compulsory acquisition of land. To the Lands Clauses Acts mentioned in the section are to be added the Lands Clauses (Umpire) Act, 1883 (46 & 47 Vict. c. 15), and the Lands Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict. c. 11). 116 PART 2.— STATUTES. It may not be necessary to obtain compulsory powers, in which case these Acts are made available, and will enable local authorities to deal with persons having limited interests, and to pay money into court when necessary, and the costs of conveyance and such like matters will also be governed by these Acts. As to the special powers given to owners under disability to sell land for housing purposes, see s. 74 of the Act, post, p. 132, as amended by s. 7 (1) of the Housing, Town Planning, &c. Act, 1909, post, p. 214. Sect. 133 of the Act of 1845, which required the deficiency in the land tax and poor's rate to be made good by the local authority, was held to apply to land acquired for a housing scheme {Vestry of St. Leonard's, Shoreditch v. London County Council (1895), 72 L. T. 802), but that section is now expressly made not applicable in the case of any lands of which a local authority becomes possessed by virtue of the Housing Acts. (Housing, Town Planning, &c. Act, 1909, s. 34, post.) Sect. 127, which is excepted in s. 176 of the Public Health Act, 1875, relates to the sale of superfluous land. In the case of land purchased from another local authority, pajrment into court may be dispensed with if the Local Govern- ment Board consent, and the money may be paid and applied as the Board determine. (Housing, Town Planning, &c. Act, 1909, s. 5 (1), post.) 177. Any local authority may, with the consent of the Local Government Board, let for any term any lands which they may possess, as and when they may conveniently spare the same. The Local Government Board have expressed a doubt as to whether this section is applicable to the temporary letting of land acquired for housing. As a local authority is authorised by s. 2 of the Housing, Town Planning, &c. Act, 1909, to acquire land not immediately required for housing purposes, some power of letting or utilising the land is necessary. The general principle is that a statutory body holding land to be ultimately used for a particular purpose may in the interim use it or allow it to be used for a temporary purpose provided such purpose does not prevent or interfere with its use for the ultimate purpose when required. {Att.-Gen. V. Teddington Urban District Council, [1898] 1 Ch. 66 ; Bayley v. Great Western Bail. Co. (1884), 22 Ch. D. 434, p. 450.) Acting on this principle, the Local Government Board consider that a local authority can let or use land on such terms and for such purposes as will not interfere with the use of the land when required for the purpose for which it was bought, and that for such temporary letting or use the consent of the Board is not necessary. (See also Lumley's Public Health, notes to s. 177.) 178. The Chancellor and Council of the Duchy of Lancaster for the time being may, it they think fit (but subject and without prejudice to the rights of any lessee, tenant, or occupier), from time to time contract with any local authority for the sale of, and may (subject as aforesaid) absolutely sell and dispose of, for such sum as to the said Chancellor and Council may appear sufficient consideration, the whole or any part of any lands belonging to Her Majesty, her heirs or suc- cessors, in right of the said Duchy, or any right, interest or easement in, through, over, or on any such lands which, for the purposes of this Act, such local authority from time to time deem it expedient to purchase ; and on payment of the purchase money, as provided by the ACT OF 1890— PAET III., S. 57. 117 Duchy of Lancaster Lands Act, 1855, the said Chancellor and Council may grant and assure to the said authority, under the seal of the said Duchy, in the name of Her Majesty, her heirs or successors, the subject of such contract or sale, and such money shall be dealt with as if such subject had been sold under the authority of the Duchy of Lancaster Lands Act, 1855. Compulsory pubohasb. — ^Power to acquire land compulsorUy is now obtained by means of an order submitted to the Local Government Board and confirmed by the Board. (Housing, Town Planning, &c. Act, 1909, s. 2.) The procedure as to such confirmation as well as the procedure on taking the land is regulated by Sohed. I. of that Act. (See the same, post, p. 276, and notes thereto.) Confirmation by Parliament is now no longer required, except in certain exceptional cases, as to which see clause 7 of Sohed., post, p. 280, and s. 73, post, p. 273. The following lands can- not be acquired oompulsorily for the purposes of this part — ^namely, land which is the property of any local authority, or has been acquired by any corporation or company for the purpose of a railway, dock, canal, water, or other public undertaking, or which at the date of the order forms part of any park, garden, or pleasure-groimd, or is otherwise required for the amenity or convenience of any dweUing-house (Housing, Town Planning, &c. Act, 1909, s. 45) ; and as to taking parts of commons, open spaces or allotments, see ibid., B. 73 ; and as to lands near royal parks and palaces, see ibid., a. 74. Sub-sect. (2). PuECHASE and lease of LODoma houses. — The compulsory powers given in the previous section do not, it is presumed, extend to the purchase of lodging houses under sub-s. (2). Sect. 58 {infra) enables certain trustees of lodging houses to sell or lease them to the local authority. Sub-sect. (3). Appkopeiate land. — There is a like proviso in s. 23 of Part I. of this Act, ante, p. 23. Land belonging to a municipal corporation can be appropriated for this purpose, under s. Ill of the Municipal Corpora- tions Act, 1882, which is as foUows : — 111. Sites for working men's dwellings. — (1.) If a municipal corpora- tion determines to convert any corporate land into sites for working men's dwellings, and obtains the approval of the Treasury for so doing, the corporation may, for that purpose, make grants or leases for terms of nine hundred and ninety-nine years, or any shorter term, of any parts of the corporate land. (2.) The corporation may make on the land any roads, drains, walls, fences, or other works requisite for converting the same into building land, at an expense not exceeding such sum as the Treasury approve. (3.) The corporation may insert in any grant or lease of any part of the land (in this section referred to as the site) provisions binding the grantee or lessee to buUd thereon as in the grant or lease prescribed, and to maintain and repair the building, and prohibiting the division of the site or building, and any addition to or alteration of the character of the building, without the consent of the corporation, and for the re- vesting of the site in the corporation, or its re-entry thereon, on breach of any provision in the grant or lease. 118 PART 2.— STATUTES. (4. ) Every such provision shall be valid in law to all intents, and bind- ing on the parties. (5.) All costs and expenses incurred or authorised by a corporation in carrying into execution or otherwise in pursuance of this section, shall be paid out of the borough fvind and borough rate, or by money borrowed by the corporation under this Part. (6.) In this section the term " working men's dwellings " means build- ings suitable for the habitation of persons employed in manual labour and their families ; but the use of part of a building for purposes . 78, and Art. 25, post,^. 172.) The same principle as regards arbitrators in compensation cases has been laid down in proceedings both under the Lands Clauess Acts and the Public Health Acts. (See, for example, Brierley Hill Local Board v. Pearsall (1884), 9 App. Cas. 525 ; In re East London Bail. Co. {Oliver's Claim) (1890), 24 Q. B. D. 507.) It was held in an Irish case that the arbitrator was not bound to award a sum equal to what the local authority were willing to pay, but might a warda less sum. (Crawford v. M'Swiney, [1904] 2 Ir. R. 15.) He cannot order the erection of accommodation works. {B. (Kerry C. C.) v. Leahy, [1903] 2 Ir. R. 317.) ACT OF 1890— SCHEDULE II. 161 (8.) The arbitrator shall give notice to the claimants in disputed cases by causing such notice to be published or other- wise in such manner as he thinks advisable, of a time and place at which the difference between the claimants and the local authority in disputed cases as to the amount of compensation to be paid will be decided by the arbitrator. As to how the notices should be published, see Art, 32, 'post, p. 179. (9.) After the arbitrator has arrived at a decision on all the disputed cases brought before him, he shall make an award under his hand and seal, and such award shall be final, and be binding and conclusive (subject to the provisions concerning an appeal herein-after contained) upon all persons whomsoever, and no such award shall be set aside for irregularity in matter of form, but the arbitrator may, and if the local authority request him so to do, shall from time to time make an award re- specting a portion only of the disputed cases brought before him. The declaration mentioned ia Art. 5 must be annexed to the award. As to appeal, see Art. 26, post, p. 173. Under s. 7 (e) of the Arbitration Act, 1889, the arbitrator has power to correct in an award any clerical mistake or error arising from any accidental slip or omission. Although the award is stated to be binding and conclusive, it will, no doubt, be set aside if it can be shown that the arbitrator has exceeded his authority. (See Hodgkinson v. Fernie (1857), 3 C. B. (n.s.) 189; Dinn v. Blake (1875), L. R. 10 C. P. 388 ; In re Dare Valley Bail. Co. (1869), L. R. 6 Eq. 429.) It might also be remitted to the arbitrator under s. 10 of the Arbitration Act, 1889. The arbitrator may also under s. 7 (b) of the Arbitration Act, 1889, state the award in the form of a special case, and under s. 10 it might be remitted to the arbitrator to state the award in such form. Under s. 19 of the same Act he may also state a case for the opinion of the court at any stage of the proceedings, and may be ordered to do so. (See, for example. Re Harvey and London County Council, [1909] 1 Oh. 528.) The provision that an award may be made respecting a portion of the cases, wiU enable the parties to have any legal point settled, by having the award stated as a special case, as to the particular premises. Where a claimant's interest has been omitted from the award by mistake, this section will enable a separate award to be afterwards made as regards his particular case, or the original award altered. Under the Artisans and Labourers Dwellings Improvement Act, 1875, the arbitrator was required to frame a provisional award. In a case under that Act a claim was omitted by mistake from this award, and the award was after- wards altered so as to include it, and this was confirmed by the final award. A.H. M 162 PART 2.— STATUTES. It was held that the final award was good. (Ccurr v. Metropolitan Board of Works (1880), 14 Ch. D. 807.) It was also held m that case that if there had been an irregularity it would have been formal only. As to omitted interests discovered after entry, see Art. 13, post, p. 164. Although -the award is to be binding' on all persons whomsoever, this can only refer to parties to the arbitration. {Of. Omaqh V. D. C. v. Henderson, [1907] 2 Ir. R. 310 ; Re Strabane Rural District Council, [1910] 1 Ir. R. 135.) An arbitrator may be examined as a witness to discover whether he has exceeded his jurisdiction or erred as to a legal principle, but not further {Duke of BiuxleuchY. Metropolitan Board of Works (1868), L. R. 5 H. L. 418). The question of costs is apparently not settled in the award, but a certificate is given by the arbitrator pursuant to Art. 29, post, p. 177. (10.) Such award as aforesaid shall be deposited at the office of the confirming authority, and a copy thereof shall be deposited at the office of the local authority, and the local authority shall thereupon pubHsh once in each of three suc- cessive weeks notice of the deposit having been made at the office of the local authority of a copy of the award, and a further notice requiring all persons claiming to have any right to or interest in the lands (the compensation to be paid in respect of which is ascertained by such award) to dehver to the local authority on or before a day to be named ia such notice (such day not being earlier than twenty-one days from the date of the last pubhcation of the notice), a short statement in writing of the nature of such claim, and a short abstract of the title on which the same is founded ; and such statement and abstract shall be paid for by the local authority. Such abstract of title, in the case of a person claiming a fee simple interest in the land shall commence twenty years previous to the date of the claim, except there has been an absolute con- veyance on sale within twenty years, and more than ten years previous to the claim when the abstract shall conamence with such conveyance. By Art. 22, post, p. 169, the local authority are empowered to verify the abstract of title, and to obtain, if necessary, a fiuiiher abstract. As to publication of notices, see Art. 32, post, p. 179. Special Powers of Arbitration. (11.) Power of arbitrator as to apportionment. — The arbi- trator shall have the same power of apportioning any rent ACT OF 1890— SCHEDULE II. 163 service, rentcharge, chief or other rent, payment, or incum- brance, or any rent payable in respect of lands comprised in a lease, as two justices have under the Lands Clauses Con- solidation Act, 1845. When land is subject to a rentcharge, lease, or like incumbrance, and part only of such land is taken, then under the Lands Clauses Consolidation Act, 1846, the apportionment is to be settled by two justices if the parties do not agree. Of that Act, see s. 98 as to appor- tioning copyhold rents ; s. 116 as to apportioning rent service, rent- charges, or chief or other rent ; and s. 119 as to apportioning rent in respect of land held under lease. In the case of land subject to mort- gage, the rights of the parties are to be adjusted as in other oases of disputed compensation (s. 112), so that the arbitrator under this Act will have power also to adjust these rights. The costs incurred in respect of such apportionment are, probably, in the discretion of the arbitrator. (See Art. 29, post.) If the money is paid into court, they will probably be payable by the local authority. (See Ex parte Flower (1866), L. R. 1 Ch. 599.) (12.) Amendment respecting severance of properties. — Not- withstanding anything in section ninety-two of the Lands Clauses ConsoUdation Act, 1845, the arbitrator may determine that such part of any house, building, or manufactory as is proposed to be taken by the local authority can be taken with- out material damage to such house, building, or manufactory, and if he so determine may award compensation in respect of the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell and convey to the local authority such part, without the local authority being obhged to purchase the greater part of the whole of such house, building, or manufactory. The local authority, or any person interested, if dissatisfied with a determination under this enactment, may, in manner provided with respect to appeals to a jury in respect of com- pensation for land by this schedule, submit the question of whether the said part can be taken without material damage, as weU as the question of the proper amount of compensation, to a jury ; and the notice of intention to appeal shall be given within the same time as notice of intention to appeal against the amount of compensation awarded is required to be given. 164 PART 2.— STATUTES. Section 92 provides, "that no party shall at any time be required to sell or convey to the promoters of the undertaking a part only of any house or other buildmg or manufactory, if such party be willing and able to sell and convey the whole thereof." A similar proviso to that in the text is now not unfrequently inserted in local Acts of Parliament. In determining whether material damage will be caused by the severance, the arbitrator must take all the circumstances of the case into account ; thus, if the part of the premises to be taken is the part which forms the access to the premises, the arbitrator must take into account whether another sufficient access is to be substituted, and if it is, it is open to him to find that the severance can be made without material damage (In re Oonty and, Manchester, Sheffield, and Lincolnshire Bail. Co. (1896), 2 Q. B. 439). It is, however, a question of fact in each case, and, subject to the appeal mentioned in the text, the finding of the arbitrator will be binding (Caledonian Bail. Go. v. Turcan, [1898] A. C. 256). The costs are apparently to some extent in the discretion of the arbitrator. (Art. 29, post.) The appeal referred to above is that mentioned in Arts. 26 and 27, post, and appears to be independent of the limitation as to the amount therein mentioned, and the leave of the court or a judge would not seem to be necessary. In the event of any question of law arising, the arbitrator might be asked to state a special case, see note, ante, p. 161. (13.) Omitted interests. — The amount of purchase money or compensation to be paid in pursuance of section one hundred and twenty-four of the Lands Clauses Consolidation Act, 1845, in respect of any estate, right, or interest in or charge affecting any of the scheduled lands which the local authority have through mistake or inadvertence failed or omitted duly to purchase or make compensation for, shall be awarded by the arbitrator and be paid, in like manner, as near as may be, as the same would have been awarded and paid if the claim of such estate, right, interest, or charge had been delivered to the arbitrator before the day fixed for the delivery of state- ments of claims. If the arbitrator is satisfied that the failure or omission to purchase the said estate, right, interest, or charge, arose from any default on the part either of the claimant or of the local authority, he may direct the costs to be paid by the party so in default. Section 124 deals with interests which the promoters have failed to acquire before entering upon the lands. By that section the pro- moters may remain in possession provided that compensation is paid ACT OF 1890— SCHEDULE II. 165 within six months after notice of the omission, or in case of the claim being disputed within six months of the right being established. The claimant is also entitled to mesne profits. The disputed right may be determined in an action of ejectment, of which execution will be stayed for six months (Marquis of Salisbury v. Great Northern Sail. Co. (1868), 7 W. R. 76) ; or by an action for trespass (Thomas v. Barry Dorh and Bail. Go. (1889), 5 T. L. E. 360). As to the costs of such action, see s. 126 of the Lands Clauses Consolidation Act, 1845. By s. 125 of that Act the land is to be valued as at the date such lands were entered upon. As to the rights of the parties, see Omagh V. D. C. v. Henderson, [1907] 2 It. R. 310. Payment of Purchase Money. (14.) Within thirty days from the delivery of such state- ment and abstract as aforesaid to the local authority, the local authority shall, where it appears to them that any person so claiming is absolutely entitled to the lands, estate, or interest claimed by him, deliver to such person, on demand, a certificate stating the amount of the compensation to which he is entitled under the said award. The statement and abstract referred to are those mentioned in Art. 10, ante, p. 162. " Absolutely entitled " appears to mean, " entitled to his or her own use." (See per Jessel, M.R., in Kelland v. Fulford (1877), 6 Ch. D. 491, p. 495.) It would appear that trustees under settlements, whether with power of sale or not, are not persons absolutely entitled {In re Smith (1888), 40 Ch. D. 386). As to possessory titles, see s. 79 of the Lands Clauses Consolidation Act, 1845. This certificate relates only to the amount of compensation. Costs are dealt with by another certificate which the arbitrator may give under Art. 29, post. For the remedy when the local authority fails to deliver the certificate, see Art. 23, post, but demand must first be made by the person interested. (15.) Every such certificate shall be prepared by and at the cost of the local authority ; and where any agreement has been entered into as to the compensation payable in respect of the interest of any person in any lands, the local authority may, where it appears to them that such person is absolutely entitled, deliver to such person a like certificate. The expression " any lands " used in this article has evidently reference to the \a,nAa proposed by the scheme to be taken compulsorUy and referred 166 PART 2.— STATUTES. to in Art. 1, ante, p. 155. The arbitrator lias only jurisdiction to decide on disputed oases, that is to say, cases in which the amount of the com- pensation has not been agreed. The provision in Art. 10 {ante, p. 162) as to abstract of title does not apply to such other cases. It would therefore appear that subject to this provision in the above article the provisions of the Lands Clauses Acts as to title and payment of purchase money are applicable. (16.) The local authority shall, thirty days after demand, pay to the party to whom any such certificate is given, or otherwise as herein provided in the cases herein-after men- tioned, the amount of moneys specified to be payable by such certificate to the party to whom or in whose favour such certificate is given, his or her executors, administrators, or assigns. " The cases herein-after mentioned." evidently are the cases when the money is payable into the Bank of England under Arts. 20 and 21, and the meaning of this somewhat confused section would appear to be that thirty days after demand the local authority shall pay to the party to whom a certificate is given the amount found by the award to be the value of the interest in respect of which the demand is made, unless it should appear after such certificate has been given that the person is not absolutely entitled or under disability, in which case the amount is payable into the bank. (]7.) If the local authority wilfuUy make default in such payment as aforesaid, then the party named in such certifi- cate shall be entitled to enter up judgment against the local authority in the High Court, for the amount of the sums specified in such certificate, in the same manner in all respects as if he had been, by warrant of attorney from the local authority, authorised to enter up judgment for the amount mentioned in the certificate, with costs, as is usual in like cases ; and aU moneys payable under such certificates, or to be recovered by such judgments as aforesaid, shaU at law and in equity be taken as personal estate from the time of the local authority entering on any such lands as aforesaid. Money paid into court under s. 69 of the Lands Clauses Consolida- tion Act, 1845, is re-converted into realty until some person becomes absolutely entitled when he can stop the re-conversion {Kelland v. Fvlford (1877), 6Ch. D. 491). ACT OF 1890— SCHEDULE II. 167 (18.) When and so soon as the local authority have paid to the party to whom any such certificate as aforesaid is given, or otherwise, as herein provided, in the cases herein-after mentioned, the amount specified to be payable by such certifi- cate to the party to whom or in whose favour the certificate is given, his executors, administrators, or assigns, it shall be lawful for the local authority, upon obtaining such receipt as herein-after mentioned, from time to time to enter upon any lands in respect of which such certificate is given, and thence- forth to hold the same for the estate or interest in respect of which the amount specified in such certificate was payable. In cases where the money is payable into the bank under Arts. 20 and 21, this section would appear to be sufficient to give the local authority a right to take possession as soon as the money is so paid in. This was, in effect, so held by CniTTy, J., in In re Shaw and the Cor- poration of Birmingham (1884), 27 Ch. D. 614, at p. 619, a case under the almost identical provisions in the schedule to the Artisans and Labourers Dwellings Acts, 1875 (38 & 39 Vict. o. 36). If the local authority desire to enter before the time mentioned in this section they must proceed as provided in Arts. 24 and 25, post, pp. 171-2. The receipt referred to is that mentioned in the next article. (19.) In every case in which any moneys are paid by any local authority under this Act for such compensation as aforesaid, the party receiving such moneys shall give to the local authority a receipt for the same, and such receipt shall have the effect of a grant, release, and conveyance of all the estate and interest of such party, and of aU parties claiming under or through him, in the lands in respect of which such moneys are paid, provided such receipt has an ad valorem stamp of the same amount impressed thereon in respect of the purchase moneys mentioned in such certificate as would have been necessary if such receipt had been an actual conveyance of such estate or interest, every such receipt to be prepared by and at the cost of the local authority. As this receipt is in the nature of a conveyance, it should show clearly the land and the nature of the interest in respect of which it is paid. The receipt should be given, although the costs of the arbitration have not been paid, as a separate proceeding for their recovery is provided by Art. 29, post. The expression " this Act " evidently means Part I. of this Act. The 168 PAET 2.— STATUTES. expression " such compensation " probably refers to the compensation mentioned in Arts. 14 and 15, and would include cases where it is payable on the award and also where the amount has been agreed on. The article is in such wide terms that it would appear to cover the cases in which the money is payable into the Bank. If that is the correct construction, then when money is paid into the bank the cashier should give a receipt, and the local authority should see that it is properly stamped. Such receipt would then vest in the promoters the interest in the land in respect of which it is paid, and then it would appear to be unnecessary for the local authority either to require a conveyance from any person having a limited interest, or to execute a deed poll as required by ss. 75-77 of the Lands Clauses Consolidation Act, 1845. The effect of Arts. 18 and 19 is not to vest in the local authority interests which by mistake have been omitted to be purchased. [Cf. Omotgh U. D. G. V. Henderson, [1907] 2 Ir. R. 310 ; lie Parkinson, [1898] 1 Ir. R. 390.) (20.) If it appear to the local authority, from any such statement and abstract as aforesaid, or otherwise, that the person making any such claim as aforesaid is not absolutely entitled to the lands, estate, or interest in respect of which his claim is made, or is under any disabihty, or if the title to such lands, estate, or interest be not satisfactorily deduced to the local authority, then and in every such case the amount to be paid by the local authority in respect of such lands, estate, or interest as aforesaid shall be paid and applied as provided by the clauses of the Lands Clauses ConsoHdation Act, 1845, as amended by the Court of Chancery Funds Act, 1872, " with respect to the purchase money or compensation coming to parties .having hmited interests, or prevented from treating, or not making title." For the statement and abstract referred to see Art. 10, ante, p. 162. The sections of the Lands Clauses Consolidation Act, 1845, here referred to, are ss. 69-80. It should be noted that they are to apply only so far as they provide for the payment and application of the money. For the other provisions as to conveyance and vesting of the lands in the local authority, the provisions in Arts. 16, 18, and 19, supra, would appear to be substituted. Sect. 80, which relates to costs, would, however, be applicable {Ex pmie Jones (1880), 14 Ch. D. 624). This article has been amended by the Housing, Town Planning, &c,. Act, 1909, s. 5, which provides that purchase money or compensation payable under the Housing Acts by a local authority in respect of any lands, estate, or interest of another local authority which would be payable into court under this article may, if the Local Government Board consent, instead of being paid into court be paid and applied as the Board determine. Any decision of the Board as to such payment and application is to be final and conclusive. ACT OF 1890— SCHEDULE II. 169 The Chaacery Funds Act, 1872, has been amended by the Supreme Court of Judicature (Funds) Act, 1883, and the procedure in the Paymaster-General's Office is regulated by the Supreme Court Fund Rules. The above sections of the Lands Clauses Consolidation Act, with the procedure, and the numerous cases decided upon these sections, will be found set out in Browne and Allan's Law of Compensation, second edition, pp. 131 — 199. (21.) Where any person claiming any right or interest in any lands refuses to produce his title to the same, or where the local authority have under the provisions of Part I. of this Act taken possession of any lands in respect of the compensation whereof, or of any estate or interest wherein, no claim has been made within one year from the time of the local authority taking possession, or if any party to whom any such certificate has been given or tendered refuses to receive such certificate or to accept the amount therein specified as payable to him, then and in any such case the amount payable by the local authority in respect of such lands, estate, or interest, or the amount specified in such certificate, shall be paid into the Bank of England, in manner provided by the last- mentioned clauses of the Lands Clauses Consolidation Act, 1845, as amended by the Court of Chancery Funds Act, 1872, and the amount so paid into the said Bank shall be accordingly dealt with as by the said Act provided. The provisions of Part I. of this Act evidently mean Arts. 24 and 25 of this schedule, post. See also the note to Art. 20. (22.) Nothing herein contained shall prevent the local authority from requiring any further abstract or evidence of- title respecting any lands included in any such award as aforesaid, in addition to the abstract or statement herein- before mentioned, if they think fit, so as the same be obtained at the cost of the local authority. For the abstract and statement herein-before mentioned, see Art. 10, ante, p. 162. This wiU enable the local authority to verify the abstract. (23.) If from any reason whatever the local authority does not deliver the certificate aforesaid to any party claiming to 170 PART 2.— STATUTES. be entitled to any interest in any lands the possession whereof has been taken by the local authority as aforesaid, then the right to have a certificate according to the provisions of this Act may, at the cost and charge of the local authority, be enforced by any party or parties, by appUcation to the High Court, in a summary way by petition, and all other rights and interests of any party or parties arising under the provisions of this Act may be in Hke manner enforced against the local authority by such application as aforesaid. Under the Lauds Clauses Acts the procedure to compel the pro- moters to do any act is generally to move for a writ of mandamus. This Article substitutes a procedure by petition. The Article in the latter part of it also states that all other rights of any party arising " under the provisions of this Act " are to be enforced in like manner. The expres- sion is taken from the schedule to the Artisans Dwellings Improvement Act, 1875 (see Art. 23 thereof), and evidently means under the provisions of Part I. of this Act. It is probably only applicable to matters ejusdem generis with the enforcing of the certificate, but would extend to cases when the authority neglected to give a certificate under Art. 14. (See Cork in pursuance of the Housing, Town Planning, &c. Act, 1909, a Closing Order was made by the ^ in respect of the above-mentioned dwelling-house, and the said Closing Order has remained operative for a period of three months : Take Notice, that the question of the demolition of the said dwelling- house will be considered by the said * at on the * day of , 19 , at o'clock in the noon, when any owner of the said dwelling-house win be entitled to be heard. Dated this day of , 19 . Signature of Clerk of Local Authority. Direction for filling v/p this Form. Insert — 1 Name, residence or place of business, and description, where known, of Owner. ^ Such a description of the dwelling-house as may be sufficient for its identification. ' Description of the Local Authority. Form No. 10. Form of Order for Demolition of Dwelling-house (s). To 1 , owner of the dweUing- house ^ Whereas on the day of 19 , in pursuance of the Housing, Town Planning, &c. Act, 1909, a Closiag Order was made by Us, the » in respect of the above-mentioned dwelling-house, and the said Closing Order has remained operative for a period of three months ; And whereas after compliance with the requirements of sub-s. (1) of section 18 of the Housing, Town Planning, &c. Act, 1909, and upon con- sideration of the question of the demolition of the said dwelling-house. We, the said ' are of opinion that the dweUing-house has not been rendered fit for human (r) Housing, Town Planning, &o. Act, 1909, Part I., sect. 18 (1), ante, p. 240. * The time must be not less than one month after the service of this notice. («) Housing, Town Planning, &c. Act, 1909, Part 1., sect. 18 (2), ante, p. 240. FORM OF DEMOLITION ORDER. 389 habitation, and that the necessary steps are not being taken with all due diligence to render it so lit ; Now therefore, We, the said ' in pursuance of sub-s. (2) of section 18 of the Housing, Town Planning, &o. Act, 1909, do order the demolition of the dwelling-house aforesaid. Dated this day of , 19 . (To be sealed with the common seal of the Local Authority.) Signature of Clerk of Local Authority. Directions for fitting up this Form. Insert — 1 Name, residence or place of business, and description, where known, of Owner ((). ^ Such a description of the dwelling-house as may be sufficient for its identification. * Description of the Local Authority. Note. Sub-s. (4) of section 18 of the Housing, To^vn Planning, &c. Act, 1909, is in these terms — ■ Notice of an order for the demolition of a building shall be forth- with served on every owner of the building in respect of which it is made, and any owner aggrieved by the order may appeal to the Local Government Board by giving notice of appeal to the Board within twenty-one days after the order is served upon him. With respect to appeals, s. 39 enacts as follows — (1.) The procedure on any appeal under this Part [i.e., Part I.] of this Act, including costs, to the Local Government Board shall be such as the Board may by rules determine, and on any such appeal the Board may make such order in the matter as they think equitable, and any order so made shall be binding and conclusive on all parties, and, where the appeal is against any notice, order, or apportionment given or made by the local authority, the notice, order, or apportionment may be confirmed, varied, or quashed, as the Board think just. Provided that — (a) the Local Government Board may at any stage of the proceed- ings on appeal, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the court any question of law arising in the course of the appeal ; and (6) the rules shall provide that the Local Government Board shall not dismiss any appeal without having first held a public local inquiry. (2.) Any notice, order, or apportionment as respects which an appeal to the Local Government Board is given under this Part of this Act shall not become operative, untU either the time within which an appeal can be made under this Part of this Act has ela-psed without an appeal being made, or, in case an appeal is made, the («) See notes to Form 5, ante, p. 383. 390 PAET 4.— FORMS AND REGULATIONS. appeal is determiaed or abandoned, and no work shall be done or proceedings taken under any such notice, order, or apportionment, until it becomes operative. (3.) The Local Government Board may, before considering any appeal which may be made to them under this Part of this Act, require the appellant to deposit such sum to cover the costs of the appeal as may be fixed by the rules made by them with reference to appeals. Rules determining the procedure on any such appeal have been made by the Local Oovemment Board (see post, p. 393). Form No. 11. Form of Order for Demolition of Building being or being part of a Dwelling-house (w). To ^ , owner of the dwelling- house ' Whereas on the day of > 19 , in pursuance of the Housing, Town Planning, &c. Act, 1909, a Closing Order was made by Us, the ' in respect of the above-mentioned dwelling-house, and the said Closing Order has remained operative for a period of three months ; And whereas after compliance with the requirements of sub-s. (1) of section 18 of the Housing, Town Planning, &c. Act, 1909, and upon consideration of the question of the demolition of the said dwelling-house. We, the said ' are of opinion that the contiauance of the * is ° Now therefore. We, the said ^ > in pursuance of sub-s. (2) of section 18 of the Housing, Town Planning, &o. Act, 1909, do order the demolition of the ^ Dated this day of , 19 . {To be sealed with the common seal of the Local Authority.) Signature of Clerk of Local Authority. Direction for filling up and adapting this Form, Insert — ^ Name, residence or place of business, and description, where known, of Owner (t;). ^ Such a descriptioh of the dwelling-house as may be sufficient for its identification. ' Description of the Local Authority. • " Said dwelling-house " or " part of the said dweUing-house," as the case may be, followed in the latter case by such a description of the part as may be sufficient for its identification. (u) Housing, Town Planning, &o. Act, 1909, Part I., sect. 18 (2), ante, p. 240. («) See notes to Form 5, ante, p. 383. FORM OF DEMOLITION ORDER. 391 ^ " A nuisance " or "dangerous or injurious to the health of the public," or " dangerous or injurious to the health of the inhabi- tants of the neighbouring dwelling-houses," as the case may be. * " Said dwelling-house " or " said part of the said dweUing-hoHse," as the case may be. Note. Sub-s. (4) of section 18 of the Housing, Town Planning, &o. Act, 1909, is in these terms : — (4.) Notice of an order for the demolition of a building shall be forthwith served on every owner of the building in respect of which it is made, and any owner aggrieved by the order may appeal to the Local Government Board by giving notice of appeal to the Board within twenty-one days after the order is served upon him. With respect to appeals, section 39 enacts as follows : — (1.) The procedure on any appeal under this Part [i.e.. Part I.] of this Act, including costs, to the Local Grovemment Board shall be such as the Board may by rules determine, and on any such appeal the Board may make such order in the matter as they think equitable, and any order so made shall be binding and conclusive on aU parties, and, where the appeal is against any notice, order, or apportionment given or made by the local authority, the notice, order, or apportionment may be confirmed, varied, or quashed, as the Board think just. Provided that — (a) the Local Grovernment Board may at any stage of the proceed- ings on appeal, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the court any question of law arising in the course of the appeal ; and (6) the rules shall provide that the Local Government Board shall not dismiss any appeal without having first held a pubUc local inquiry. (2.) Any notice, order, or apportionment as respects which an appeal to the Local Government Board is given under this Part of this Act shall not become operative, until either the time within which an appeal can be made under this Part of this Act has elapsed without an appeal being made, or, in case an appeal is made, the appeal is determined or abandoned, and no work shall be done or proceedings taken under any such notice, order, or apportionment, until it becomes operative. (3.) The Local Government Board may, before considering any appeal which may be made to them under this Part of this Act. require the appellant to deposit such sum to cover the costs of the appeal as may be fixed by the rules made by them with reference to appeals. Rules determining the procedure on any such appeal have been made by the Lncal Oovernment Board (see post, p. 393). 392 PART 4.— FORMS AND REGULATIONS. Form No. 12. Form of Order postponing Operation of Order for Demolition of Dieelling-house (w). To ^ , owner of the dwelling-house ^ Whereas on the day of , 19 , We, the * in pursuance of the Housing, Town Planning, &c. Act, 1909, made an Order for the demolition of the above-mentioned dwelling-house ; And whereas * , an owner of the said dwelling-house, has undertaken to execute forthwith the works necessary to render the said dwelling-house fit for human habitation, and We, the said ^ consider that the said dwelling-house can be so rendered fit for human habitation : Now therefore. We, the said ^ in pursuance of sub-s. (3) of section 18 of the Housing, Town Planning, &-c. Act, 1909, do hereby postpone the operation of the said Order for a period of * from the date of the said Order. Dated this day of , 19 . {To be sealed with the common seal of the Local Authority.) Signature of Clerk of Local Authority. Directions for filling up this Form. Insert — ^ Name, residence or place of business, and description, where known, of Owner. ^ Such a description of the dwelling-house as may be sufficient for its identification. * Description of the Local Authority. * Name, residence or place of business, and description, where known, of the Owner who undertakes to execute the necessary works. (w) Housing, Town Planning, &c. Act, 1909, Part I., sect. 18 (3), ante, p. 241. ♦ The time must be such time, not exceeding six months, as the Local Authority think sufiScient for the purpose of giving the Owner an opportunity of executing the necessary works. ( 393 ) APPEALS TO LOCAL GOVERNMENT BOARD. RULES, dated January 11, 1910, made by the Local Government Board, under Section 39 of the Housing, Town Planning, &c. Act, 1909 (9 Edw. VII. c. 44), with reference to Appeals (a;). Rule 1. — Every appeal to the Local Government Board shall be made to and be brought before the Local Government Board by means of a letter, or other representation in writing (herein-after referred to as a " statement of appeal") which shall be addressed and posted, or shall be otherwise given, sent, or delivered to the Local Government Board at their office, and of which a copy shall, at the same time, be addressed and posted, or shall be otherwise given, sent, or delivered to the Local Authority at their office. Rule 2. — ^Every statement of appeal shall be signed by or on behalf of every person (herein-after referred to as an "appellant") who makes or who joins in making the appeal, or, where an appellent is a corporation, or an association or body of persons unincorporate, shall be signed by an officer of or other person described as duly authorised by the corporation, association, or body, and shall bear a date corresponding to that of the day on which the requisite signature is affixed to the statement of appeal. Rule 3. — Every statement of appeal shall set forth in detail the grounds of the appeal, all material facts in relation to the description or position of every appellant as a party to the appeal, and to his interest in any dwelling-house or premises to which the appeal has reference, or to his interest in or to such other concern or association as he may have with any subject-matter of the appeal, and also all material facts in relation to any such proceeding by a Local Authority or by an officer of or person authorised by a Local Authority as affects the grounds of appeal, the appellant, the interest of the appellant in any dwelling-house or premises to which the appeal has reference, or the interest of the appellant in or to such other concern or association as he may have with the subject-matter of the appeal. Rule 4. — ^Every statement of appeal shall be accompanied by every such document as an appellant has in his possession or at his disposal,- and is able to furnish, and as consists of, or comprises, or gives particulars of, any notice, order, demand, or apportionment relating to the grounds or subject-matter of the appeal, or otherwise relating to any material facts set forth in the appeal ; and shall show by appropriate particulars in the statement of appeal, or by an appropriate entry on any such document accompanying the statement of appeal, the date of service upon an appellant of the notice, order, demand, or apportionment. Rule 5. — Where an appeal appears to the Local Government Board to require, for its due consideration, that information, other than such infor- mation as is set forth in the statement of appeal, or is supphed by means of any document accompanying the statement of appeal, or by means of any statement by or correspondence with an appellant to the Local (a;) Ante, p. 254. 394 PART 4.— FOEMS AND REGULATIONS. Authority respecting the appeal, shall be furnished to ther Local Govern- ment Board, the requisite information shall, on the written request of the Local Government Board, be furnished by an appellant or by the Local Authority, as the case may be, in such manner, in such form, and within such time as the Local Government Board in writing specify. Rule 6. — Where the Local Government Board on an appeal are satisfied that there is reasonable cause for dispensing, either conditionally or un- conditionally, with compliance with any requirement of the foregoing Biules, or for varying any such requirement, the Local Government Board may by a notification in writing to an appellant or to the Local Authority, as the case may be, give the necessary dispensation to the appellant or to the Local Authority, as the case may be, or may make and give efiect to the necessary variation and to any incidents or consequences of that variation ; and, in the case of any such dispensation when given subject to any condition, or in the case of any such variation, an appellant or the Local Authority, as the case may be, shall comply in aU respects with the condition or variation, and with any requirement of the notification by the Local Government Board, as if the condition, variation, or require- ment formed part of the foregoing Bules. Rvle 7. — ^Where the Local Govenmient Board, before considering an appeal, require an appellant to deposit a sum to cover the costs of the appeal, the sum shall be — ■ {a) In every case in which the Office of the Local Authority is at a distance not exceeding fifty miles from the Office of the Local Government Board — Seven Pounds ; and (6) In every other case — Ten Pounds. For the purposes of this Rule, the distance shall be measured by a straight line drawn on the third edition of the map of the Ordnance Survey on the scale of 53^55, or one mile to one inch, from the nearest point in one Office to the nearest point in the other Office. Rule 8. — Except so far as this Rule otherwise provides and so far as regards any costs incurred by the Local Government Board in relation to a public local inquiry held in pursuance of these Rules, all costs of and incidental to an appeal shall, when incurred by an appellant or by the Local Authority, be borne by the appellant or by the Local Authority as the case may be : Provided that the Local Government Board may, by any Order made under sub-section (1) of section 39 of the Housing, Town Plan- ning, &o. Act, 1909. direct by whom any such costs, when incurred by an appellant or by the Local Authority, shall be borne ; and that nothing in this Rule shall have effect in contravention or in derogation of any such direction. Rule 9. — The Local Government Board shall not dismiss an appeal \vithout having first held a public local inquiry. Where the Local Government Board are required to hold a public local inquiry, and written notice of the time and place at which the inquiry will be held has been given by the Local Government Board to every appellant and to the Local Authority, a printed copy of the notice shall be posted by the Local Authority at every place specified in writing by the Local Government Board as necessary or suitable for the purpose. ( 395 ) SANCTION TO BORROW UNDER PART III. INFORMATION and particulars to be supplied to the Local Government Board in connection with an application for sanction to borrow money for the acquisition of land and the erection of lodging houses for the working classes under Part III. of the Housing of the Work- ing Classes Act, 1890, as amended by the Housing of the Working Classes Act, 1900, the Housing of the Working Classes Act, 1903, and the HousiQg, Town Planning, &o. Act, 1909. (Local Government Board, October, 1914.) Note. — ^Ihe expression "lodging houses for the Working Classes" includes separate houses or cottages, whether containing one or several tenements, and the expression " cottage " may include a garden of not more than one acre. (Sect. 63 Act of 1890 ; sects. 50 and 75 Act of 1909.) The Board should be furnished with : — 1. A copy of a resolution of the Council authorising the application, specifying the amount of the loan or loans required, and indicating whether the Council desire to borrow the amount from the PubHo Works Loan Commissioners. 2. A map of the borough or district showing the position of the land to be acquired or the site on which the houses are proposed to be erected. In the case of a rural district the map need not extend beyond the contributory place or places in which the houses are to be erected. 3. A plan of the land and its immediate surroundings drawn to a large scale, and fuU information as to the tenure of the land, as to any covenants affecting its use, and as to the arrangements proposed for its acquisition. If the land is to be acquired by purchase or on lease it should be stated whether a provisional agreement has been entered into. If the land is already vested in the Council for a purpose other than the erection of houses under Part III. of the Act of 1890, full information .should be given as to the acquisition of the land, and a resolution should be passed by the Council applying to the Board (or, in the case of a Rural District Council, to the County CounoU) for consent to its appro- priation under section 57 (3) of the Act of 1890, and a copy of such resolution should be sent to the Board in a case in which their consent is required, together with a duplicate copy of the plan of the land. If consent is given by the County Council to the appropriation of land under the section, a copy of the consent should be sent to the Board. 4. (a) Plans, sections and elevations of the proposed houses, together with plans showing the drainage arrangements and particulars of any street works. The plans should be on linen, and the dimensions of the rooms, the distance across the open space in front and at the rear of the houses, and the length and width of any new street, should be indicated by figures on the plans. (6) A statement giving fuU information as to the water supply avail- able or to be provided, with particulars and plans of any works of water supply to be executed in connection with the houses. (c) A short description of the houses to be erected, stating the nature 396 PART 4.— FORMS AND REGULATIONS. . of the materials to be used in the oonatruotioE, especially as regards the walla and roofs. 6. A detailed estimate of the cost to be inotiired, and a statement showing how the total sum proposed to be borrowed is made up, indicat- ing separately the amount required for acquisition of land, erection of houses, street works, sewers in streets, water supply, and fencing. As regards the cost of the erection of the houses, the estimate may be based on the cost per cubic foot prevailing in the district. Suitable forms for the estimate for street works and sewers may be obtained by application to the Board, where such works are contemplated. 6. A certificate, signed by the Surveyor to the Council, to the effect that the plans and proposals comply in every respect with the byelaws or any statutory provisions as to new buildings and streets in force in the borough or district. 7. A statement, in the accompanying Form D 18 (a), of the estimated annual receipts and expenditure in respect of the houses, information being given as to the rent proposed to be charged for each house or type of house. 8. In the case of a borough or urban district, information in regard to the assessable value of the borough or district, and in the case of a rural district information as to the rateable value of the district for the purposes of the Poor Rate. 9. Information as to the total amount of debt outstanding (a) under the Housing of the Working Classes Acts, 1890 to 1909, or Acts repealed by those Acts, and (5) under other provisions. Note. — The Local Government Board have also issued a memorandum with regard to the provision and arrangement of working class dwellings : this is now under revision. ( 397 ) [lo be forwarded to the Local Government Board in connection with an applica- tion for sanction to borrow money for the purposes of Part III of the Housing of the Working Classes Act, 1890.] BALANCE SHEET. Estimated Receipts. £ Fbom Rents : — houses at weekly rental of s d. ~ (per annum) houses at weekly rental of s d. (per annum) . . Total annual rental Leas allowance for empties and losses . . Estimated net receipts from rents Ebom othbe souboes (if any) specifying them : — Estimated Expbnditdee. £ * Repayment of Loan (Prin- cipal and Interest, with- out deduction of Income Tax) at per cent. : — (a) In respect of land [£ for years (6) In respect of build- ings [£ for -years] (c) In respect of sewers and water supply [£ for (d) (e) years] In respect of street works [£ for -years] In respect of fenc- ing [£ for -years] -in the £. . fRates at _ flaxes t Insurance tCharge for water supply (if borne by the Local Authority) JAlIowanoe for repairs and maintenance Supervision and collection of rents Contingencies Balance, if any . . * The calculations should be made on the periods proposed for repayment by the Local Authority, not exceeding, however, 80 years for (a), 60 for (6), 30 for (c), 20 for (d), and 15 for (e). t Details of the figures on which these estimates are based should be supplied. i This item should be the average estimated expenditure during the loan period for the buildings, and not the estimated expenditure for the first few years. Cleric to the Local Authority. 191 . ( 398 ) COMPULSORY ACQUISITION OP LANDS FOR THE PURPOSES OP PART III. OP THE HOUSING OP THE WORKING CLASSES ACT, 1890. The HorsiNG, &o. (Pobm oi' Compitlsoey Ptjechase Order, &o.) Ordie, 1911. This Order was made by the Local Government Board and dated June 14, 1911. Whereas by sub-section (1) of Section 2 of the Housing, Town Plan- ning, &o. Act, 1909 (herein-after referred to as "the Act"), it is enacted that a Local Authority may be authorised to purchase land compulsorily for the purposes of Part III. of the Housing of the Working Classes Act, 1890 (in the Act and herein-after referred to as " the principal Act "), by means of an Order submitted to and confirmed by Us, the Local Government Board, in accordance with the Pirst Schedule to the Act, and by sub-section (2) of the same section it is enacted that the procedure under that section for the compulsory purchase of land shall be substituted for the procedure for the same purpose under Section 176 of the Public Health Act, 1875, as applied by sub-section (1) of Section 57 of the principal Act (a). Now therefore, in the exercise of the powers ia that behalf. We do, by this Our Order, Direct and Prescribe as follows ; that is to say, — Article I. — An Order made by a Local Authority under the Pirst Schedule to the Act (6) (herein-after referred to as " the Compulsory Order '") shall be in the Porm set forth in the Schedule hereto, or in a Porm to the hke effect. Article II. — (1) Before submitting the Compulsory Order to Us for confirmation, the Local Authority shall cause the same to be published by advertisement in two successive weeks in one or more of the local newspapers circulating in the District of the Local Authority and in the Parish or Parishes in which the land to which the Compulsory Order relates is situated. (2) The advertisements shall be headed respectively " Pirst Advertise- ment " and " Second and Last Advertisement," and the first of the said advertisements shall be published not later than the tenth day after the making of the Compulsory Order. (3) Each of the said advertisements shall contain in addition to a copy of the Compulsory Order a notice setting out the following particulars : (a) a statement that any objection to the Compulsory Order must be presented to Us within the period of one calendar month from and after the date of the publication of the second and last advertisement ; and (o) (Here follows a recital of sect. 60 of the Housing, Town Planning, &c. Act, 1909, whereby the same procedure is made applicable to the compulsory acquisition of land for Town Planning schemes, and then a recital of paragraphs (1). (2), (4), (5), (R), (12) and (13) of the first Schedule of the Act of 1909, for which see p. 276, ante.) (6) The expression " the Act " means the Housing, Town Planning, &c. Act, 1909. (See recital, supra.) COMPULSOEY ACQUISITION OF LANDS FOR PART HI. 399 (6) a statement of the period, times, and place or places during and at which the deposited plan referred to in the Schedule to the Com- pulsory Order may be inspected by or on behalf of any person interested in the land to which the Compulsory Order relates. (4) The plan referred to in the Schedule to the Compulsory Order shall be deposited by the Local Authority not later than the tenth day after the making of the Compulsory Order at a place convenient for the purposes of inspection, and shall be kept deposited thereat for a period not being less than one calendar month from the date of the publication of the second and last advertisement ; and the said plan shall be open for inspec- tion by any person interested or afiected, without payment of any fee, at all reasonable hours on any week-day during the said period. The Local Authority shall also make suitable provision for affording to any such person inspecting the said plan any necessary explanation or information in regard thereto (c). Article ///.— (1) The Local Authority shall, not later than the tenth day after the making of the Compulsory Order, cause notice thereof to be given to every owner, lessee, and occupier of the land to which the Com- pulsory Order relates, and every such notice shall include a printed copy of the Compulsory Order, to which shall be appended a notice containing the particulars mentioned in subdivision (3) of Article II. of this Order. (2) The Local Authority shall furnish a printed copy of the Compulsory Order, free of charge, to any person interested in the land to which the Compulsory Order relates, upon his applying for the same. Article IV. — The period within winch an objection to a Compulsory Order may be presented to Us by a person interested in the land to which the Compulsory Order relates shall be the period of one calendar month from and after the date of the pubUcation of the second and last advertise- ment of the Compulsory Order. Article V. — (1.) The Local Authority shall as soon as practicable after the confirmation of the Compulsory Order cause a printed copy of the Compulsory Order as confirmed to be served on every owner, lessee, and occupier of the land to which the Compulsory Order relates. (2.) A printed copy of the Compulsory Order as confirmed shall be furnished free of charge by the Local Authority to any person interested in the land authorised to be purchased upon his applying for the same, and a copy of any plan to which reference is made in the Compulsory Order as confirmed shall also be furnished by the Local Authority to any such person upon his applying for such copy and paying the reasonable cost of preparing the same. Article VI. — Every notice or other document which in pursuance of subdivision (1.) of Article III. or of subdivision (1.) of Article V. of this (c) The expression " the making of " the order is not used in Schedule L It is intended, however, that the Local Authority shall make the order and then submit it to the Local Government Board for confirmation. Until confirmed it is of no force. The provisions in the above article and in Arts. III. and IV., refer to the procedure after the Local Authority make the order, and before confirmation. Art. V. deals with the procedure after confirmation. The order is referred to in these rules as the compulsory order as soon as it is made by the Local Authority. (See Art. I., supra.) 400 PART 4.— FORMS AND REGULATIONS. Order is required to be given or served by the Local Authority to or on an owner, lessee, or occupier, shall be served : — (a) by delivery of the same personally to the person required to be served, or, if such person is absent abroad or cannot be found, to his agent ; or (6) by leaving the same at the usual or last known place of abode of such person as aforesaid ; or (c) by post as a registered letter addressed to the usual or last known place of abode of such person ; or {d) in the case of a notice required to be served on a local authority or corporate body or company, by deUvering the same to their clerk or secretary or leaving the same at his office with some person employed there, or by post as a registered letter addressed to such clerk or secretary at his office. Article 711. — This Order may be cited as the Housing, &c, (Form of Compulsory Purchase Order, &c.) Order, 1911. Schedule. The * hereby make the following Order : — 1. The provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement are, subject to the terms of the Housing, Town Planning, &c. Act, 1909, and of this Order, hereby put in force as respects the purchase by the * of the lands described in the Schedule hereto for the f 2. This Order shall have effect as if there were incorporated therewith, subject to the necessary adaptations, the Lands Clauses Acts (except Section 127 of the Lands Clauses Consolidation Act, 1845), and Sections 77 to 85 of the Railways Clauses Consolidation Act, 1845, but subject to this modification, that any question of disputed compensation shall be determined by a single arbitrator appointed by the Local Government Board, who shall be deemed to be an arbitrator within the meaning of the Lands Clauses Acts, and the provisions of those Acts with respect to arbitration shaU, subject - to the provisions of the First Schedule to the Housing, Town Planning, &o. Act, 1909, apply accordingly. 3. J If any of the land described in the Schedule to this Order Is glebe land or other land belonging to an ecclesiastical benefice, any sums agreed upon or awarded for the purchase of any such land, or to be paid by way of compensation for the damage to be sustained by the owner by reason of " Here insert title of the Authority making the Order. ■f- Here insert " purposes of Part III. of the Housing of the Working Clftsses Act, 1890," or " purpose of [a town planning scheme] under Part II. of the Housing, Town Planning, &c. Act, 1909," as the circumstances require. In the case of a town planning scheme, the name of the Authority who made the scheme and the date or short title of the scheme should be stated. J Insert this Article where the lands described in the Schedule to the Order include glebe land or other land belonging to an ecclesiastical benefice. COMPULSORY ACQUISITION OF LANDS FOR PART III. 401 severance or other injury affecting any such land, shall not be paid as directed by the Lands Clauses Acts, but shaU be paid to the Ecclesiastical Commissioners to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice. [3.] This Order shall come into operation from and after the date of its oonfirmation by the Local Government Board. [4.] This order may be cited as the * Order, 19 . The Schedule above referred to. KumbeTs of Plan deposited at the Offices of the + Quantity, Des(3iptlon and Situation of the Lands. Owners or leputed Owners. Lessees or reputed Lessees. Occupiers. Given under the Seal of the t this day of 19 * Here insert a suitable short title. t Here insert title of the authority making the order. A.H. 2 D ( 402 ) THE HOUSING, &c. (COSTS OF ARBITRATION) RULES, 1912. Dated September 5, 1912. Whereas by paragraph (9) of the First Schedule to the Housing, Town Planning, &o. Act, 1909 (herein-after referred to as "the Act"), it is provided that We, the Local Government Board, may, with the concurrence of the Lord Chancellor, make rules fixing a scale of costs to be appHcable on an arbitration under the said schedule, and an arbitrator under that schedule may, notwithstanding anything in the Land Clauses Acts, deter, mine the amount of costs, and shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily and any other costs which he considers to have been caused or incurred unnecessarily : , Now therefore. We, with the concurrence of the Lord Chancellor, for the purpose of fixing the scale of costs to be apphcable on an arbitration under the First Schedule to the Act, do hereby make the following Rules, that is to say : — Ride 1. — Where the compensation awarded by the arbitrator to the claimant does not exceed the sum specified in the first column of the Scale No. 1 set forth in the Schedule hereto, the sum payable to the claimant for his costs of the arbitration shall be the sum specified in the second column of such scale, which sum shall include and cover all disbursements, except for the attendances of witnesses, for which attendances the sums specified in the third column of such scale shall be allowed. No charge for briefs to, or attendance of, counsel shall be allowed. Mule 2. — Where the compensation awarded by the arbitrator exceeds the sum of three hundred pounds, but does not exceed the sum of five hundred pounds, the costs and charges of the claimant in the arbitration shall be allowed, and (if necessary) taxed or determined, in accordance with the provisions of the Scale No. 2 set forth in the Schedule hereto, and no costs or charges other than those specified in such scale, or in accordance therewith, shall be allowed. Rule 3. — Where the compensation awarded by the arbitrator exceeds the sum of five hundred pounds, the costs and charges of the claimant in the arbitration shall be allowed, and (if necessary) taxed or determined, in accordance with the provisions of the Scale No. 3 set forth in the Schedule hereto, and no costs or charges other than those specified in such scale, or in accordance therewith, shall be allowed. RvXe 4. — So much of the First Schedule to the Arbitration Act, 1889, as provides that the arbitrator may award costs to be paid as between solicitor and client, shall not apply to an arbitration to which these Rules apply. In any case in which the arbitrator determines the amount of costtf to be paid to the claimant in the arbitration, these Rules shall apply to and govern such determination of costs by the arbitrator. Rule 5. — These Rules shall not apply to an arbitration in which an arbitrator has been appointed before the Rules come into operation. Rule 6. — Nothing in these Rules shall authorise an arbitrator to hear counsel or expert witnesses, except in such cases as the Local Government COMPULSORY ACQUISITION OF LANDS FOR PART III. 403 Board direct, and if counsel or expert witnesses are heard by an arbitrator without such direction, no costs shall be allowed in respect thereof. Rule 7. — (1) If, having regard to the nature or importance of the case, the interests of the parties, the general conduct of the proceedings, and the skill, labour, and responsibility involved, the taxing officer shall on special grounds consider to be inadequate the costs or allowances provided by any of the scales set forth in the Schedule hereto, he may make such further or increased allowances as he shall in his discretion consider reasonable. (2) The taxing officer may in any case where the owner or claimant is not represented by a solicitor on the arbitration rdake such allowance as he may consider reasonable towards the charges or expenses incurred by the owner or claimant in connection with the arbitration, but not exceeding in the aggregate the maximum amount which could otherwise have been allowed under the scale set forth in the Schedule hereto, which is applicable to the case. Rule 8.— These Rules and the scales of costs set forth in the Schedule hereto shall not apply to the fees or remuneration properly payable to or charged by the arbitrator, which fees, if and when paid by the claimant, shall be recoverable by him from the party who is liable to pay the same. Rule 9. — In these Rules : — (1) " The arbitrator " means an arbitrator appointed under the First Schedule to the Act. (2) " Taxing officer " includes the arbitrator when costs are deter- mined by him. Rule 10.— These Rules shall come into operation on the Ninth day of September, 1912, and may be cited as the Housing, &c. (Costs of Arbitra- tion) Rules, 1912. Schedule. Scale No. 1. Scale of fixed costs where the compensation awarded does not exceed £300. Compensation awarded. 1. Any sum not exceeding fifty pounds . . . • Any sum exceeding fifty pounds, but not exceedmg one hundred pounds. ■, ■. j. 2. Any sum exceeding one hundred pounds, but not exceeding three hundred pounds : — For every fifty pounds or part of fifty pounds exceeding one hundred pounds the following sums in addition to those prescribed for com- pensation which exceeds fifty pounds. 404 PART 4.— FORMS AND REGULATIONS. Scale No. 2. Costs where the compensation awarded exceeds £300, but does not exceed £500 : — • (a) The amount payable to the claimant for the costs of the arbitra- tion shall be the sum of £20, which sum shall include all charges and disbursements of every kind, except those hereinafter specially mentioned. *(b) In addition to the said sum of £20, there shall be allowed to the claimant the charges and expenses of one expert witness for qualifying and giving evidence as to the value of the claimant's lands, or interest in land, or the amount of compensaton to which the claimant is entitled: which charges and expenses shall be taxed and allowed in accordance with the provisions of Scale No. 3, hereinafter set forth. *(c) If counsel is employed by the claimant, there shall be allowed to him, in addition, for preparing and delivering briefs to and obtaining the attendance of counsel, such fees as, having regard to all the circumstances of the case, the taxing officer shall think fit. Scale No. 3. Scale of costs and allowances where the compensation exceeds £500 ; — £ s. d. 1. Instructions for claim and attendances on owner or claimant in respect thereof . . . . . . ..110 2. Correspondence and attendance on the Clerk to the Council or Council's solicitor thereon, including drawing and copy claim . . . . . . ..110 *3. Attending on each witness (of two witnesses) in- structing him to qualify and subsequently perusing his report, or if the arbitrator is a surveyor, on one witness only 13 4 4. Attending on the arbitrator and on the Clerk to the Council or Council's solicitor arrai^ing appoint- ment for the day of hearing 5. Notice to each witness to attend 6. If a view is reasonably necessary attendances on the arbitrator and the Clerk to the Council or Council's solicitor arranging for view . . 7. Attending view with them 8. Paid travelling expenses *9. If counsel employed, instructions to counsel to attend view *10 Paid his fee and clerk 11. Instructions for attending before the arbitrator and to conduct the claimant's case . . . . ..220 * See Rule 6 as to employment of counsel and expert witnesses. 13 5 4 13 3 3 1 6 5 10 8 COSTS OF AEBITEATION RULES. 405 6 8 1 6 2 7 1 6 5 1 1 15 £ s. d. *12. If counsel employed in lieu of last item instructions for brief 220 *13. Drawing case and minutes of evidence, at per folio. Is. ; and if counsel attending, brief copy for 'counsel at per folio, M *14. Paid counsel's fee *15. Attending him . . *16. Paid counsel's conference fee . . Ditto ditto (it a leader) *Vi. Attending to appoint and on conference 18. Solicitor attending reference and conducting case, case completed on each side (solicitor and clerk) 19. If reference not held in town in which the solicitor carried on business, for hotel expenses of solicitor Ditto ditto of clerk (And for traveUing expenses the sum actually paid.) 20. If reference not concluded, for each subsequent day the same charges. *21. If counsel in attendance, solicitor attending each day on reference 330 22. And if not in solicitor's town, for hotel expenses (and travelling expenses actually paid) . . ..110 *23. Paid witnesses (according to the Scale or aEowances ' in the Supreme Court Taxing Office) 24. Drawing bill of costs and copy for taxing, at per folio. Si. 25. Copy for the Clerk to the Council or Council's soUcitor, at per folio, 4i. 26. Notice of taxing 27. Attending taxing 28. Paid taxing (the fee payable in the Supreme Court Taxing Office in taxing costs). 29. Letters and messengers . . . . . . ..110 30. In agency cases, for correspondence between solicitor and London agent .. .. .. .. ..110 4 13 * See Rule 6 as to employment of counsel and expert witnesses. ( 406 ) THE COUNTY MEDICAL OFFICERS OP HEALTH (DUTIES) ORDER, 1910.— (General Order made July 29, 1910, pursuant to section 68 (2) of the Housing, Town Planning, &c. Act, 1909, ante, p. 268) {d). We, the Local Government Board, in pursuance of the powers given to Us in that behalf, by this Order Prescribe the following duties as the duties of every Medical Officer of Health of a County other than the Administrative County of London ; (e) that is to say : — (1.) The Medical Officer of Health of the County shall inform himself as far as practicable respecting all influences affecting or threaten- ing to affect injuriously the public health in the County. For this purpose he shall visit the several County districts in the County as occasion may require, giving to the Medical Officer of Health of each County district prior notice of his visit, so far as this may be practicable. (2.) The Medical Officer of Health of the County shall from time to time inquire into and report upon the hospital accommodation available for the isolation of cases occurring in the County — (a) of smallpox, and (b) of other infectious diseases, and upon any need for the provision of further hospital accom- modation. (3.) The Medical Officer of Health of the County shall communicate to the Medical Officer of Health of a County district withm the County any information which he may possess as to any danger to health threatening that district. (4.) The Medical Officer of Health of the County shall consult with the Medical Officers of Health of County districts within the County whenever the circumstances may render this desirable. (5.) If the annual or special reports of the Medical Officer of Health of a County district in the County shall not contain adequate information in regard to (a) the vital statistics of the district, (b) the sanitary circumstances and administration of the district, and (c) the action taken in the district for puttmg in force the provisions of the Housing of the Working Classes Acts, 1890 to 1909, the Medical Officer of Health of the County shall obtain from the Medical Officer of Health of the County district such id) The recital has been omitted. (e) Section 68 (2), under which this Order is made,"does not apply to London (Sees. 70, o?i«p, p. 271.) COUNTY MEDICAL OEFICERS ORDER. 407 further information on those matters as the circumstances may demand. (6.) The Medical Officer of Health of the County shall, when directed by Us, or by the County Council, or as occasion may require, make a Special Report to the County CouncU on any matter appertaining to his duties tinder this Order. (7.) The Medical Officer of Health of the County shall, as soon as practicable after the 31st day of December in each year, make an Annual Report to the County Council up to the end of December on the sanitary circumstances, the sanitary administration and the vital statistics of the County. In addition to any other matters upon which the Medical Officer of Health may consider it desirable to report, his Annual Report shall contain the following sections : — (a) A digest of all annual and special reports made by the Medical Officers of Health of all County districts within the County : (b) a section as to the isolation hospital accommodation available for each County district and as to the steps which should be taken to remedy any deficiencies which may exist ; (o) a section on the administration of the Housing of the Working Classes Acts, 1890 to 1909, within the County ; (d) a section on the water supply of the several County districts within the County ; (e) a section on the pollution of streams within the County, and as to the steps for the prevention of pollution taken : — (i.) by the local authorities, and (ii.) by the County Council; (f) a section on the administration within the County of the Mid wives Act, 1902 ; and (g) a section on the administration of the Sale of Food and Drugs Act, 1875 to 1907, within that part of the County in which the County Council have jurisdiction for the purposes of those Acts. (8.) The Medical Officer of Health of the County shall send to Us two copies of his Annual Report and two copies of any Special Report ; he shall also send one copy of his Annual Report to the Council of every County district in the County, and shall send three copies of any Special Report to the Council of every such County district affected by the Special Report. This Order may be cited as the County Medical Officers of Health (Duties) Order, 1910. 408 PART 4.— FORMS AND REGULATIONS. EEGULATIONS AS TO LAND IN NEIGHBOURHOOD OF EOYAL PALACES AND PARKS, made September 2, 1910, by the Local Government Board under s eotio n 74 of the Housing, Town Planning, &o. Act, 1909 (9 Edw. Vrr. 0. 44) (a). The prescribed distance for the purposes of sub-s. (1) of section 74 of the Act shall, in the case of Windsor Castle, Windsor Great Park, and Windsor Home Park, be two miles, and, in the case of any other Eoyal Palace or Park, be half a mile. (a) The recital and formal parts of this Order are omitted as being imma- terial. This Order was made by the Local Government Board after consulta- tion with the Commissioner of Works as required. The Regulation applies both to Housing and to Town Planning Schemes. (See s. 74 of the Housing, Town Planning, &e. Act, 1099, ante, p. 276.) INDEX. ABSTRACT OF TITLE. delivery of, after award under Part 1., 162 power to require further evidence, 169 ACCOMMODATION FOR WORKING CLASSES DISPLACED, general obligations to provide when any land taken, 195, 203 application to housing schemes, 195 approval of rehousing scheme, 204 — 205 enforcing scheme, 207 local authority acquiring land for, 205 local inquiry as to rehousing, 206 modification of scheme, 207 provisions of scheme, 204 security for carrying out, 206 provision of under Part III., 118, 205 power to erect shops and other buildings, 119, 200, 348 power to provide recreation grounds, 119, 200, 348 PabtL appropriation of lands for, 39, 67, 304 confirming authority, dispensmg with, 37, 299 during execution of scheme, 39 particulars to accompany applications for order, 362 scheme to provide for, 27, 37, 298 special provisions in Act, 37, 299 site other than area, 37, 39 standing orders, extracts from, 366 PabtEL particulars to accompany application for order, 364 provisions for, when required by scheme, 91, 324 ACCOUNT, expenses, separate account to be kept under each part, 139, 351 exception when land under Part IIL appropriated to other Part, 139, 189, 351 audit of, 139, 351 work done under Part II., annual account of 98, 328 The numbers printed in heavy type refer to the pages of the Consolidation. [ 1] INDEX. ACQUISITION OF LAND. See Compensation ; Compttlsoby Taking. by Commissioners of Works for housing Government employees, 287 expenses of, 289 by midertakers for rehousing, 205 protection of commons and open spaces, 273 of royal palaces and parks, 275 of sites of ancient monuments, 260, 349 PaetL area to be acquired by local authority, 39, 303 procedure as to, 47, 155, 305 provisions as to compensation, 50, 53, 805 PaexH. procedure where compensation disputed, 91, 325 reconstruction scheme, 87, 322 site of obstructive building, 78, 319 PaetHL donations of land, 115, 215, 348 purchase by agreement, 113, 337 procedure for, 114, 115, 398 of land not immediately required, 114, 338 purposes for which land may be acquired, 114, 339 compulsory purchase for, 117, 210, 276, 338 procedure for, 210, 276 land excluded from, 117, 260, 338. See Compulsory TiKina. ACT OF PARLIAMENT, provisional order imder Part I. not to be confirmed by, 33, 34 imder Part II. not necessary, 90 Part IIL when necessary, 280 exception in case of commons, 273 ADOPTION OF PART ILL, no longer required. 111, 112, 209 ADVERTISEMENTS, power of Local Government Board to prescribe and dispense with, 236 Past I. of appointment of arbitrator, and deposit of plans, 159, 179 of scheme, 29, 300 effect of, 31, 51, 52 dispensing with, 266 power to prescribe forms, 30, 256, 369 forms prescribed, 369 statutory declaration to as, 365 Pabt HL of order for compulsory purchase, 398 ALLOTMENTS, protection of, 273 meaning of, 274 The numbers printed in heavy type refer to the pages of the Consolidation. [2] INDEX. ANCIENT MONUMENTS, purchase of, excepted, 115, 260, 349 meaning of, 260 ANNUITY, charge of, on house for expenses of work, 74, 317 recovery of, 75 incidence of, 76, 318 appeal as to, 75 priority of, 77, 243 redemption of, 76, 243, 318 transfer of, 76 APPEAL, by landlord from order to execute works, 226, 355 by overseers as to apportionment of expenses, 248 to Local Government Board, 254, 359 costs of, 255 effect of, appeal on order, 254 local inquiry on, 254 powers of Board, 254, 256 procedure, 253 rules to be made by Board, 254, 255 rules, 393 dispensing with compliance with, 394 security for costs of, 294 statement of appeal, 393 copy to be sent to local authority, 393 documents to accompany, 393 signature of, 393 local authority to supply information, 393 statement of case on, 254, 255 note in forms as to, 237 PaetL from arbitrator's award, 173 determination as to severance of housa, 163 by ratepayers from neglect of medical oiiioer, 45, 197, 310 PabtIL from closing order, 68, 233, 254, 313 from refusal to determine closing order, 69, 233, 314 demolition order, 71, 241, 315 from other order of local authority to quarter sessions, 72, 75, 317 special case may be stated on, 72, 254 order to puU down obstructive building, 78, 82, 320 APPLICATION OP ACT, PaetL not applicable to rural districts, 22, 297 The numbers printed in heavy type refer to the pages of the Consolidation. [3] INDEX. APPLICATION OF -ACT— amtinued. PabtH. applicable to all districts, 63, 153, S58 Past III. applicable without adoption. 111, 112, 209, 358 to metropolitan boroughs, 189, 358, 360 APPORTIONMENT, of amount of compensation for obstructive building, 79, 84, 246, 321 procedure, 80 recovery of, 79, 84 of rents, &c., -when land severed, 49 power of arbitrator, 162 of expenses on contributory places, 248, 342 APPROPRIATION OP LAND, for housing displaced working classes, 39, 57, 205 for lodging-houses, 114, 117 ARBITRATION. See Abbitkator. PabtL appeal, 173 appointment of arbitrator, 156 apportionment of rents, 49, 163 award, 161. See Award. costs of, 176 when claimant entitled to, 177 recovery of, 178 disputed cases, meaning of, 160 easements, compensation for, to be determined by, 55, 307 evidence receivable, 51, 247, 306 hearing of parties, 161 notice to owners before, 159 notice of hearing claim, 161 omitted interests, compensation to be settled by, 49, 164 price of land taken to be settled by, 160 proceedings on, 158 publication by advertisements and bills, 159 severance of buUding to be determined by, 163 appeal as to, 163 PaetIL cases to settled by, 91, 94, 325 evidence receivable, 92, 95, 247 obstructive building, as to compensation for demolition, 79, 320 for value of site, 79 reconstruction scheme, compensation to be settled by, 87, 323 basis of compensation, 92, 96, 325 for easements, 90 The numbers w«m«e«Z. Pabt I.- — continued, arbitration, proceedings on, 158 notice of, to claimants, 157 costs of, 176 appeal from arbitrator, 173 entry upon on payment, 161 making deposit, 170 entry upon for valuation and survey, 252 evidence of title, 162, 169 interests omitted to be purchased, 164 local inquiry, costs of owner, 33, 35, 802 modification of scheme, taking additional land, 45, 304 notice before taking fifteen houses, 43, 308 part only of building to be taken, 163 payment of purchase money, 165 procedure to enforce, 166 payable into bank, when, 168, 169 receipt to be conveyance, 167 period for, 47, 50, 305 procedure for, 47, 158, 305 application of Sched. II., 47, 48, 151 rights of way and easements, 55, 246, 307 rights of owner to compel taking, 157 scheme to distinguish land to be taken, 27, 299 additional land not to be included by confirming authority, 33 Part II. obstructive building, site of, 78, 320 compensation to be settled by arbitration, 78 part only of building to be taken, 79 power of dealing with site, 79, 80, 83, 322 procedure to purchase, 82, 320 reconstruction scheme, 87, 322 compensation, 91, 325 entry on land for valuation, 262, 359 Part in. application to rehousing schemes, 205 arbitration on, 278 — ^281. See Aebiteation ; Compensation. lands exempt from, 117, 260, 338 lands outside district, 188, 339 obtaining power for, 117, 276 — 280 order authorising, 210, 278 confirmation of, 210, 279, 396 by Parliament, when required, 280 contents of, 278 form of, 400 notice of, 279, 398 The numiers printed in heavy type refer to the pages of the Consolidation. [ 11] INDEX. COMPULSORY TAKING OF LAND— cojiimMa?. Pabt III. — contimied. order authorising — continued. objections to, 279, 399 provisions as to ecclesiastical lands, 281 regulations as to, 398 public inquiry, when required, 279 counsel and expert witnesses not to be heard, 211, 280 government official, when not to hold, 280 rules as to costs of arbitration, 402 CONDITION, implied in letting working-class houses, 135, 222, 224, 353 — 355. Houses for Woekinq Classes. CONFIRMATION OF ORDER UNDER PART IIL, by Local Government Board, 210, 337 procedure to obtain, 276 form of order, 410 rules as to, 398 CONFIRMATION OF SCHEME, by Parliament, when required, 34, 90, 198, 245 Part I. Act of Parliament not required for, 33, 197, 245 exceptional case, 34 advertisement and notices prior to, 29, 300 effect of, 31 forms of, 369 statutory declarations as to, 363 confirming Act, meaning of, 21 costs of opposing, 33, 35, 302 of confirming authority, 33 instructions as to by Local Government Board, 362 local inquiry prior to, 32, 34, 302 as to working classes displaced, 37 modification subsequent to, 44, 245, 304 notices required before, 29 order confirming by Local Government Board, 33, 197, 301 petition for, 32, 301 form of petition, 34, 363 evidence and documents to accompany, 27, 302, 362 provisional order, 33 service of copies of, 33 no longer provisional, 34, 198, 302 PartIL Act unnecessary, 90, 324 instructions of Local Government Board, 364 notices required before, 86, petition for, 86, 89, 323, 364 local inquiry, 86, 323 The numbers printed in heavy type refer to the pages of the Consolidation. [ 12] INDEX. CONTIRMING AUTHORITY. See Local Govbenment Boaed. meaning of, 32, 34 transfer of powers to Local Government Board, 193 CONSOLIDATION OP THE ACTS, 296 CONSTRUCTION OF ACTS, supplemental provisions, 130 powers to be cumulative, 146, 358 on transfer of powers to Local Government Board, 194 of amendments to principal Act, 261 to be construed as one, 275, 276 CONTRACT, power of local authorities to, 113 by landlord, on letting houses, 18, 135, 201, 222, 224, 353, 354 reservation of landlord's rights under Part II., 107, 335 reservation of tenants' rights, 226, 355 CONTRIBUTORY PLACE, meaning of, 124 when to bear expenses of Part III., 123, 124, 341 CONVEYANCE, receipt to operate as, under Part I., 167 under Part IL, 93, 95 CORPORATE BODY, sale of land by, for working-class dwellings, 128 COSTS, of appeals to Local Government Board, 254, 255 PaetI. of arbitration, 176 of arbitrator, 177 when claimant entitled, 177 recovery of, 178 of Local Government Board at local inquiry, 33, 302 for sending medical officer to inspect area, 45, 310 of landowners, at local inquiries, 33, 35, 302 PaetH. of arbitration to settle compensation, 94, 96, 327 of demolition, 72, 199, 316 Paet m. arbitration, 211, 281 rules as to, 402 of arbitrator, 281 COTTAGE. See Lodging-houses foe tbb Wobking Classes. definition of, in Part HI., Ill, 112, 263, 337 The numbers printed in heavy type refer to the pages of the Consolidation. [ 13] INDEX. COUNSEL, exclusion of, from inquiry, and arbitration, 211, 281 COUNTY COUNCIL, appointment of medical officer of health, 268, 269 duties of, 406 complaint by, as to non-execution of Parts IL and IIL, 216, 331, 343 consent as to sale of land in rural district, 120, 340 consent of, to leasing of land in rural district, 190, 339 direction to carry out Parts 11. and IIL, 217, 343 formation of building societies by, 272 local authority in London for. Parts I. and IIL, 147, 153, 358, 360 See London. powers of, under Part IL, 98, 329 powers, as to closing orders, 99 demolition orders, 99 obstructive buildings, 99 powers of entry, 99, 101, 268 power as to transfer of powers under Part IIL, 220, 343 powers of Part m., conferred by Local Government Board, 221, 342 borrowing and expenses, 221, 343 public health and housing committees to be formed, 271 representation from medical officer of health of, 110 representations to be sent to, 98, 100, 329 COUNTY DISTRICT, duties of officers, 270 meaning of, 271 COVENANTS, remedies for breach preserved, 107 CROWDED AREA, report on, to Local Gtovernment Board, 253, 359 D. DANGEROUS BUILDINGS, how dealt with, 66 DANGEROUS TO HEALTH, meaning of, 66 cellar dwellings, when, 69, 234, 240, 314 DECLARATION, PabtL by arbitrator, 158 statutory, as to notices, &c., 363, 365 The numbers printed in heavy type refer to the pages of the Consolidation. [14] INDEX. DEFINITIONS, in Part I., 21, 262, 296 Part II., 63, 261, 262, 312 Part in.. Ill, 263, 337 general throughout Act, 147, 358 of confirming authority, 32 of contributory place, 147 of county district, 208 of Housing Acts, 20, 263, 358 of housing purposes, 294 of landlord, 226, 355 of local authority for rehousing scheme, 208 of dwelling or house, 208 of ofiEcial representation, 26 of undertakers, 207 of working or labourmg classes, 39, 133, 208 DEMAND BY LOCAL AUTHORITY, signature of, 144, 357 DEMOLITION ORDER, appeal, from, 71, 241, 316 execution of, 71, 316 expenses of demolition, 71, 72, 316 recovery of, 72, 199 forms of, 242, 388, 390 making of, 70, 240, 242 procedure before making, 70, 240, 241, 315 notice of intention to consider, 70, 240 right of owner to be heard, 70, 240 postponing operation of, 71, 241, 242, 316 restriction on power of Gsurt, 243 form of order, 243, 392 service of notice of, 71 DEPOSIT, entry on lands on making, 170 to be a security, 172 of maps and plans of improvement scheme, after order made, 155 advertisement of, 159 DISPENSING, with accommodation for working classes displaced, 37, 203, 299 with notices and advertisements as to scheme, 30, 256 " DISTRICT," inspection of, 68, 232, 313 regulations as to, 372 meaning of, 65, 147, 153, 358, 360 The numbers printed in heavy type refer to the pages of the Consolidation. [ 15] INDEX. DISTRICT COUNCIL, clerk and medical officer to supply information, 270 DIVERSION OF HIGHWAY, by improvement scheme, 27, 244, 299 by reconstruction scheme, 244, 323 DWELLING-HOUSES. See Houses foe Working Classes. gifts of land for, 184, 384 provision of shops, &c., with, 200, S39 provision of, by undertakers for rehousing, 195, 203 — 208 sale of, 256, 351 PaetI. erection of, on area of scheme, 4, 37 leasing area for, 40, 41, 303 failure of authority, to provide on area, 42, 311 for working classes displaced, 37 notice to be given before taking, 43, 308 unhealthiness, evidence of, 24 See Closing Oedbr ; Demolition Oedee. Paet IL definition of, 63, 64, 312 representation by medical officer of health as to, 65, 313 on householder's complaint, 56, 328 by parish council, 67, 328 general inspection of, 68, 232, 313 Paet IIL lodging-house includes. 111, 337. See LoDGiNG-HoirsBS. DWELLING-HOUSE IMPROVEMENT FUND, 58, 308 deficiency of, 59, 247, 308 payments out of, under Part III., 124, 341 E. EASEMENTS, Paet L extinction of, under scheme, 55, 307 restriction on extinction, 55, 246 compensation for, 55, 56 procedure to obtain, 57 Part IL extinction of, under scheme, 87, 90, 246, 324 ECCLESIASTICAL LAND, payment on taking under Part IIL, 281 provision in order as to, 400 ENFORCING EXECUTION OF ACT, of Part L, 26, 36, 42, 310 Part n., 66, 216, 328 Part m., 216, 342 The rwmhers printed in heavy type refer to the'pages of the Consolidation. [16] INDEX. ENTRY ON PREMISES, contrary to rehousing scheme, 207 by owner or local authority to carry out bye-laws, 231, 232 to view state of premises, 225, 359 form of notice, 377 after payment under Part I., 167 on making deposit, 170 generally for survey, examination and valuation, 252 for purposes of Part II., 109, 110 penalty for obstructing, 145, 336 notice to occupier, 252 ESTIMATES, required for scheme under Part 1, 27, 362 Part II., 364 EVIDENCE, receivable by arbitrator as to value of house. Part I., 51, 55, 247, 306 Part II., 92, 247, 325 EXCHANGE OF LANDS FOR LODGING-HOUSES, 120, 340 EXECUTION OF ACT, penalty for obstructing, 145, 357 of Part II,, 109, 110, 336 EXECUTION OF SCHEME, for rehousing by imdertakers, 207 Paet I. by owner of first estate of freehold, 28, 41 completion of, by confirming authority, 42, 303 enforcing execution, 42, 219, 357 duty of local authority to purchase land in scheme, 39 power of local authority to make building agreements, 40, 303 to seU and let the land, 40, 303 erect dwellings, shops, &c., 41, 42, 348 Paet II. powers as in Part I., 87, 90, 324 enforcing execution, 216, 218, 220, 336 EXPENSES, of making house fit for habitation, 225, 228, 354 of executing bye-laws, 231 of tenant's removal, 138, 350 Past I. borrowing for, 59, 308 formation of fund for, 58, 309 PaetII. payable out of local rate, 97, 327 of demolishing a house, 71, 72, 316 The nunibers ■printed in heavy type refer to the pages of the Consolidation, [ 17] INDEX. EXPENSES— conimwd;. Paet II. — continued. of comity oovmoil, 99, 330 of tenants removal, 233, 314 Part in. how defrayed, 123, 341 borrowing for, 124, 342 by comity councU, 219, 221, 343 of rural district, 123, 248 imder Housing Act, 1914...289, 293 F. PINES, application of, for breach of bye-laws, 130, 346 recovery of, 145, 207, 355. iSee Penalties. FIRST ESTATE OF FREEHOLD, meaning of, 29 owner of, may be empowered to carry out scheme, 28, 299 may agree to carry out scheme, 41, 42, 304 FORMS, Local Government Board may prescribe, 256, 359 prescribed under Part I., 369 prescribed imder sects. 15, 17, and 18 of Act of 1909. ..377 of order for compulsory purchase Order Part III., 400 G. GAS, supply of, to lodging-houses, 127, 346 GOODWILL, allowance for, in assessing value, 54 GOVERNMENT DEPARTMENTS, housing of persons employed by, 287 expenses of, 289 H. HIGHWAYS, diversion of in schemes, 27, 244, 299, 323 HOME OFFICE, transfer of powers of, 193 HOUSEHOLDERS, complaint by, as to unhealthy house, 66, 328 complaint by, as to non-execution of Parts 11. and III., 216, 331, 342 representation by, as to obstructive building, 77, 81, 319 transmission of complaints, 67, 98, 329 The numbers printed in heavy type refer to the pages of the Consolidation. I 18] INDEX. HOUSES FOR WORKING CLASSES, arrangements for providing, 291 condition implied on letting of, before Act of 1909.. .135, 353 effect of, 136 to what houses applicable, 137, 224 no contracting out, 135, 201, 224 conditions implied on lettings after Act of 1909... 135, 222, 224, 354 to what houses applicable, 135, 223 contractmg out, 135, 224, 230 to keep in repair, 224 entry for viewing premises, 225 power of local authority to enforce, 225 appeal from, 226 donations for, 184, 348 entry upon, 252 trusts for, 185, 359 sale of by local authority, 256, 351 HOUSING ACT, 1914... 287 HOUSING ACT (No. 2), 1914.. .291 HOUSING PURPOSES, meaning of, 294 "HOUSING ACTS," meaning of, 1, 20, 358 HOUSING OF THE WORKING CLASSES ACTS, list of, 1, 20 powers of, to be cumulative, 146, 358 in consolidated form, 296 construction of amendments, 261, 275 summary of, 3 IMPLIED UNDERTAKING ON LETTING WORKING-CLASS HOUSES. See Houses i'ob Woeking Classes. lettings before December, 1909.. .135, 358 lettings after December, 1909.. .222, 353 contracts to which sections apply, 135, 223 contracting out, 135, 224, 230, 353 remedies for breach to tenants, 136, 229, 355 to third parties, 229 meaning of " landlord," 226, 228, 355 remedy by local authority, 225, 227, 354 IMPROVEMENT FUND, formation of, 58, 308 The numbers printed in heavy type refer to the pages of the Consolidation. [ 19] INDEX. IMPROVEMENT SCHEME, advertisement of, 29, 197, 301 dispensing with, 256 forms of, 369 application for confirmation, 32, 301, 364 areas to be included, 23, 26, 298 authority to make, 23 cases, when required, 22, 297 . conditions necessary, 22, 24 confirmation of, 32 34, 301 enforcing making of, 36, 196, 310 enforcing completion of, 42, 197, 219, 311 execution of, 39, 219, 303 inquiry on refusal to make, 6, 311 inquiry on default of medical officer, 45, 196, 316 instructions as to petition to Local Government Board, 364 joint action of authorities, 23, 359 local inquiry, 32, 34, 301 maps, &c., to accompany, 27, 364 modification of scheme, 44, 245, 304 neighbouring lands in, 27, 28, 304 notices of, 29, 300 forms of notices, 369 official representation as to, 22, 26, 244, 297 official representation by Local Government Board, 36, 310 provisions in, 27, 244, 298 provisions as to compensation, 50, 247, 306 procedure to take land for, 155 purchase of land for, 39, 305 reconstruction scheme as alternative, 88, 101, 130, 131, 196, 311 requisites of, 27, 37, 298 resolution by local authority to make, 23, 25 resolution by London County Council, 24, 131, 347 when area too small, 24, 25, 130, 347 restriction as to land near royal palaces, 25, 275 working classes displaced by, 27, 37, 299 INHABITED HOUSE DUTY, exemption of lodging-houses, 250, 359 INQUIRY. 8ee Local Inquiry. on appeal on default of medical officer as to area, 45, 246, 310 petition by householders for, as to unhealthy house, 67, 329 on taking land for Part m., 279, 280 INSPECTION, of area on complaint under Part L, 26, 298 appeal on failure to inspect, 45, 310 The numbers printed in heavy type refer to the pages of the Consolidation. [20] INDEX. I^SFEGTIO^— continued. of dwelling-houses, 65, 66, 313 district to discover unhealthy houses, 68, 232, 235 313 failure to carry out, 219, 220, 332 penalty for obstructmg, 109, 145, 336, 357 regulations as to, 232, 235, 372 matters to be examined into, 372 records to be kept, 373 report by medical officer, 373 of lodgmg-houses erected under Act, 129 346 right of entry, 109, 252, 359 INSTRUCTIONS AS TO APPLICATION, for scheme under Part I., 362 for scheme under Part II., 364 for application to sanction loan under Part III, 395 INTEREST, rate of, on loans, 61, 127 INTERESTED MEMBER, penalty for voting, 144, 357 IRELAND, Acts relatmg to, not dealt with, 21, 151 J. JOINT ACTION BY LOCAL AUTHORITIES, 19, 253, 359 JURY, appeal as to compensation under Part I., 173 costs of, 175 JUSTICE OF THE PEACE, complaint as to unhealthy area, 26, 298 certificate of, before taking fifteen houses, 43, 308 settlement of disputes by, as to apportionment of improvement expenses, 80, 86, 321 LAND. See Acquisition oi- ; Compulsory TAKiwa op. definition of, 52, 147, 358 LANDLORD. See Owneb. definition of, 226, 228, 355 implied duties to tenants under principal Act, 135, 353 e£Eect of, 136 implied duties under Act, of 1909, 222, 224, 354 entry to view, 225 The numbers printed in heavy type refer to the pages of the Consolidation [21] INDEX. LANDLORD — continued. notice to by local authority as to repairs, 225, 354 forms of, 378 service on, 226, 355 declaration to close house, 226, 354 effect of, 227 form of, 380 appeal from notice, 226, 355 execution of work by local authority, 225, 354 recovery of expenses by, 225, 228 form as to, 380 rights of tenant, 226, 229, 355 provisions in Part II. as to superior, 106, 334 LANDS CLAUSES ACTS, list of, 47. See Acquisition ob Land ; Compitlsoiiy Purchase. LAND TAX, deficiency of, not to be made good, under Parts I., II. or III. 48, 90 116, 250, 350 LEASE, of part of area under scheme. Part I., 40, 41, 303 covenants in, not affected by Part 11., 107, 335 of land for building under Part IIL, 190, 339 of land, pending use, 116 of lodging-houses by local authority, 114, 117, 338 of lodging-houses to local authority, 118, 338 LESSEES. See Ownees. PabtI. list of dissenting, to accompany petition for confirmation, 29, 363 notice of scheme to be served on, 29, 301 form of, 370 PartH. agreements by, not affected by proceedings, 107, 335 when to be deemed " owners," 63, 64, 312 list of dissenting, 365 LETTING OF HOUSES FOR WORKING CLASSES, implied condition, in lettings before Act of 1909. ..18, 135, 353 no contracting out, 135, 201 in lettings after Act of 1909.. .18, 222, 224, 354 LOANS, to companies and societies, 125, 127, 212, 344 rates of, 127. See Boreowing Powers. period of, 126, 192, 211, 351 to authorised societies, 288, 293 to local authorities, 211, 221, 352 The mtmiers printed in heavy type refer to the pages of the Consolidation. [22] INDEX. LOANS — continued. by London County Counoil, 102, 104, 332 extension of period for loans in London, 202, 351 by County Councils, 272 LOCAL AUTHORITY, application of proceeds of sale, 140, 249, 352 of borrowed money, 247, 308 accounts of, and audit, 139, 351 arranging with for housing purposes, 291, 292 assisting authorised society, 288 borrowing powers extended, 192 bye-laws of, 141, 230, 356 committees, power to appoint, 140, 342 compensation by, to tenants, on removal, 138, 350 definition of, in Acts, 147, 153, 208, 294, 358 duty to inspect area, 68, 232, 313 duties of officials to supply information, to county, 270 entry by, to value and survey premises, 252, 359 joint action by, 253, 359 loans to, 192, 211, 221, 352 local inquiries, costs of, 142, 356 notice by to landlord to do works, 225, 354 appeal by landlord, 226 execution of works by authority, 225, 228, 354 recovery of expenses, 225 notices, how to be signed, 144, 356 obstructing officers of, 146, 358 orders of, how drawn up, 144, 356 power to provide shops, 200, 348 recreation grounds, 200, 348 receipt of purchase money for land, 213, 350 rehousing by, where undertakers, 203 — 208 report on crowded area by, 253, 359 service of notice on, 144, 357 voting of interested member of, 144, 357 Past I. accommodation, application to dispense with, 37 acquisition of land by, 47, 305. See Arbitration; Compulsoby Taking. advertisements by, before scheme, 29, 30, 300 forms of, 369 dispensing with, 257, 359 borrowing powers of, 59, 309 definition of, 23, 147, 153, 358, 360 deputy medical officer, power to appoint, 62, 355 execution of scheme by, 39, 303 agreements for, 40 erection of dwellings by, 41 The numbers printed in heavy type refer to the pages of the Consolidation. [23] INDEX. LOCAL AVIB.OBl'SY— continued. Pabt I. — continued. expenses of, 58, 308 failure of, to complete scheme, 42, 311 failure of, to make scheme, 26, 45, 197, 311 instructions to, for preparation of scheme, 362 modification of scheme, application for, 44, 245, 304 notices to be served by, before scheme, 29, 300, 369 take fifteen houses, 43, 309 official representation to, 22, 26, 297 consideration of, by, 23 refusal to make scheme, inquiry, 36, 311 enforcing making of scheme, 196, 310, 311 resolution that scheme necessary, 23 scheme, duty to make, 23, 297 confirmation of, 32, 34, 245, 301. See Improvement Scheme. Past II. annual account, 98, 328 appeal from closing orders, 68, 232, 313 borrowing powers imder, 97, 186, 328 charges on house, power to grant, 74, 243, 317 closing order, duty as to, 68, 232, 235, 313. See Closing Obdee. county councils may send representations to, 110, 330 definition of, 65, 147, 153, 358, 360 demolition order, proceedings as to, 70, 240, 316. See Demolition Obder. enforcing execution of, 216, 219, 328 entry for examination of houses, 109, 252, 336, 359 expenses of, 97, 327 inspection of district by, 68, 232, 313 obstructive bmldings, procedure as to, 77 — 85, 319. See Obstkuctive Btjildinqs. reconstruction scheme, 85, 245, 332. See Rbconstettction Scheme. superior landlord, notice to, by, 106, 334 unhealthy dwellings, representation as to, 65, 313 complaint by householders, 66, 328 petition to Local Government Board by householders, 67, 216, 329, 331 Pabt HL acquisition of land by, 113, 188, 210, 276, 337, 398 application of, to rehousing schemes, 205 borrowing by, 124, 211, 342 appKeation to sanction, 395 definition of, 113, 147, 153, 358, 360 erection of lodging-houses, 118, 339 execution of, 112, 216, 342 expenses, 123, 248, 327 laying out of streets by, 119, 214, 339 The numbers printed in heavy type refer to the pages of the Consolidation. [24] INDEX. LOCAL AUTHORITY— coBimwed. Part III. — continued. lease of land by, 116, 339 management of lodging-house, 120, 340. See Lodging-Houses. sale of lodging-houses, 122, 341 LOCAL GOVEENMENT BOARD, appeals to, from order to execute works, 226, 228, 355 power to make rules, 254, 359 power of Board as to, 254, 256 rules as to, 393 statement of case, 264, 255 approval of, for application of purchase money, 141, 213, 352 approval of, for rehousing schemes, 204 arrangements with authorised society for housing, 287, 292 local authority, 292 expenses of, 289, 293 bye-laws, confirmation by, 141, 356 consent to grants to building societies, 272 consent to provision of shops, &c., 200, 348 crowded area, power as to, 253, 359 determination as to redemption of charge, 243, 317 entry by, for examination and survey, 252, 359 local inquiries, general powers as to, 142, 356 costs of, 143 power to prescribe forms, 256, 359 to dispense with notices and advertisements, 256, 309 to prescribe duties of county Medical Officer of Health, 268 recommendation as to period of loan, 212, 352 revocation of unreasonable bye-laws, 269, 359 transfer of powers of Home Office, to, 193, 203 Part I. appointment of arbitrator by, 166 confirming authority, 32, 193 consent of, to borrowing, 40 deposit of maps with, 166 forms prescribed by, 369 inquiry by, when local authority refuses to make scheme, 36, 196 311 inquiry on default of medical officer, 45, 246, 310 instructions issued by, as to schemes, 362 power to confirm scheme, 32, 197, 301 to modify scheme, 44, 245, 304 to order scheme, 36, 196, 311 to recover costs of arbitration, 176 Part IL armual account to be sent to, 98, 328 The numbers printed in heavy type refer to the pages of the Consolidation, A.H. [ 26 ] 2 F INDEX. LOCAL GOVERNMENT 'BOARD— continued. Part II. — continued. appeals to, in regard to closing orders, 68, 69, 233, 313 — 815 to demolition orders, 71, 241, 316 to orders for pulling down obstructive buUdings, 78, 82, 320 assent of, to sale of site of obstructive building, 80, 322 forms prescribed by, 377 power to order scheme, 196, 332 power to enforce execution of, 216, 219, 329 scheme to be sanctioned by, 86, 323 petition for, 86, 89 instructions as to petition, 86, 364 See Bbconsthxtctign Scheme. unhealthy houses, petition to, 67, 216, 329, 331 power to order inquiry, 67, 329 to order local authority to proceed, 67, 329 regulations as to, to be made by, 68, 232, 313 regulations for inspection of district, 372 Pakt III. consent of, for sale of laud, 115, 116, 340 for borrowing, 395 for appropriation of land, 114, 118, 338 for sale of lodging-houses, 122, 341 for application of price, 120, 249, 340, for lease of land for lodging-houses, 190, 399 order to take land compulsorily, 210, 338 rules as to making, 398 confirmation of order by, 210, 279, 280 form prescribed by, 278, 400 scale of costs on arbitration, 281, 402 remuneration of arbitrator, 281 appointment of arbitrator, 278 power to enforce execution of, 216, 343 power to confer powers on county council, 221, 343 power to determine as to expenses or contributory place, 248, 341 LOCAL INQUIRY, general provisions as to, 142, 356 in London as to authority to execute scheme, 131, 357 for rehousing schemes, 205, 206 Past I. as to adequacy of scheme, 32, 301 costs of confirming authority, 33, 302 owners opposing, 33, 35, 302 procedure a,t, 34 as to necessity for scheme on refusal of local authority to make, 36, 196, 311 in default of medical officer, 45, 246, 310 The numbers printed in heavy type refer to the pages of the Consolidation. [26 ] INDEX. LOCAL mqUi'RY— continued. PabtIL on petition as to unhealthy house, 67, 329 to sanction scheme, 86, 89, 323 on complaint of failure to enforce, 217, 331 Part IIL on complaint of failure to enforce, 217, 343 by county council on complaint, 220, 342 before order to take land confirmed, 211, 279, 280 LOCAL RATES, borrowing in respect of, 59, 97, 124, 309, 328, 342 definition of, 147, 153, 358, 360 expenses payable out of, 58, 97, 123, 308, 327, 341 LODGING-HOUSES FOR THE WORKING CLASSES, acquisition of land for, 113, 188, 260, 276, 337, 398 application to sanction borrowing, 395 appropriation of land for, 114, 117, 189, 338 borrowing powers for, 124, 205, 248, 342 bye-laws for regulation of, 121, 182, 340 extension of power to make, 230 enforcing execution of, 231 ptirposes of, 182 application of penalties under, 130, 346 common lodging-houses. 111 companies may erect, 128, 346 loans to, for erection, 125, 344 conversion of buildings into, 118, 119, 339 cottages with gardens, 111 definition of. 111, 337 enforcing erection of, 216, 221, 342, 343 erection of, by local authority, 118, 339 of shops and other buildings in connection with, 119, 200, 348 expenses of local authority for, 123, 341 gas and water for, 129, 346 gifts for, 184, 215, 348 inhabited house duty, exemption of, 250, 251, 359 inspection of, 129, 346 leases by local authority for, 119, 190, 339 lease of houses in London, 121 loans to societies and individuals for, 125, 288, 291, 344 loans to pubUc utility societies, 127 to co-operative building societies, 127, 272 management of, by local authority, 120, 340 outside district, 119, 188, 337 power of entry on, 225, 231, 354 purchase or lease of, by local authority, 114, 117, 118, 338 regulations as to, 120, 121, 340 The numbers printed in heavy type refer to the pages of the Consolidation. [27 ] INDEX. LODGING-HOUSES FOR THE WORKING CLASSES— core^mwei. recreation grouads in connection with, 119, 200, 348 roads and streets in connection with, 119, 214, 339 sale and exchange of land for, 120, 340 application of price, 120, 249 sale of, 122, 256, 351 summary of law, 13 trustees may transfer, to authority, 118, 338 LONDON BOROUGHS. See Metbopolitan Bokough Councils. LONDON (CITY OF), Commissioners of Sewers for, dissolved, 154 common council, local authority for, throughout Act, 154, 208, 360 discretion as to whether scheme under Part I. or Part II., 88 expression " County of London " does not include, 147, 155 local rate, 147, 154, 358, 360 Past I. accommodation for working classes displaced in, 37, 38, 299 borrowing by, 60, 61, 309 confirming authority for, 32, 34 expenses for execution, 58, 308 official representation in, 26 PabtII. borrowing powers, 102, 104, 332 private improvement expenses, 101, 332 PaetIH. acquisition of land for, 113, 114, 337 borrowing powers, 124, 342 execution of, 113 expenses of, 123, 341 LONDON, COUNTY OF, contributions from borough coimcils, 101, 202 definition of, 147 entry, power of, 270, 271 extension of borrowing powers, 202, 332 general rehousing obhgations, 203 local authorities for Act in, 23, 147, 153, 155, 360 liiedical officer of health, appointment for, 137, 355 duties of, 138, 355 schemes, when to be under Part I. or Part IL, 88, 130, 131, 347 disputes, how settled, 131, 132, 333 Part I. accommodating working classes displaced, 37, 299 borrowing powers of council, 59, 60, 332 confirming authority for, 32, 34 limit of area in, 130, 347 payment of expenses, 58, 308 The numbers printed in heavy type refer to the pages of the Consolidation. [28] INDEX. LONDON (COUNTY OF)— continued. Past II. application of, to, 101, 360 borrowing powers, 102, 104, 332 contribution by borough counoU to county council's scheme, 102, 105, 249, 332 by county council to borough council's scheme, 103, 105, 249, 332 dangerous buildings in, 66 loan by county council to borough coimcU, 102, 104, 333 private improvement expenses, 85, 101, 104, 332 representations to be sent to coimty council, 98, 100, 329 Part III. acquisition of land for, 113, 188, 280, 337 bye-laws for lodging-houses in, 122 execution of, 112, 113, 343 expenses and borrowing, 123, 124, 341, 342 lease of iouses by, 121 LONDON GAZETTE, publication in, 257, 359 M. MANDAMUS, to enforce rehousing scheme, 207 application by, to enforce Part I., 25, 36, 196, 311 to enforce order, 36, 310 to enforce Part IL, 67, 196, 217, 220, 332 to enforce execution of Part III., 216, 343 MAPS AND PLANS, deposit of in Private BUI office, 366 Part I. petition for scheme to be accompanied by, 27, 298 particulars to be shown on, 362 lands to be taken compulsorily to be shown, 27 neighbouring lands, to be shown on, 28 book of reference to, 363 procedure as to, after confirmation of scheme, 155, 156 delivery to arbitrator, 159 notices as to, 159 deposit before compulsory purchase, 155, 156 Paet IL petition for scheme, should be accompanied by, 89, 364 particulars of, 364 Part IIL to accompany application to sanction borrowing, 395 The numbers printed in heavy type refer to the pages of the Consolidation. [29] INDEX. MEDICAL OFFICER OF HEALTH, appointment of by county council, 268, 269 duties of, 268 order prescribing duties, 406 powers of, 268 power of entry, 268, 270 appointment by London County Council, 137, 355 right of entry, 270 deputy, powers of, 138, 355 of district to supply information to county, 270 disputes between district and county officers, 270 entry by, 109, 262 report on houses annually inspected, 373 representation by, to be in writing, 139, 355 Pabt I. appointment of deputy, 62, 355 complaiut to, as to unhealthy area, 26, 298 duty to inspect, 26, 27, 298 inquiry on default of, 45, 310 official representation, 26, 244, 297 facts to consider in making, 22, 24 PartIL coimty council may forward representation of, to local authority, 110, 330 houses unfit for habitation, duty to represent, 65, 313 complaint to, in respect of, 66 inspection of district to find, 68, 232, 313 obstructing entry of, 109, 336 obstructive buildings, representation as to, 77, 319 representations to be forwarded to county council, 98, 328 METEOPOLITAN BOROUGH COUNCILS, contribution by, to scheme of county council, 102, 202, 333 borrowing for, 202, 332 by county council to scheme of, 102, 105, 333 mode of making contribution, 249, 334 disputes as to authority to execute scheme, 131, 347 expenses and borrowing powers under Part III., 124, 155, 188, 341, 342 local authority for Part II., 65, 155, 360 for Part HL, 113, 189, 360 rehousing by, as undertakers, 208 representations to be forwarded to county council, 98, 329 reconstruction scheme by, 88, 322 special provisions affecting, 101, 202, 332 take the place of vestries and district boards, 155, 360 MICHAEL ANGELO TAYLOR'S ACT, improvements may be made under, 87 rehousing provision not applicable, 196 The numbers printed in heavy type refer to the pages of the Consolidation. [30] INDEX. MINES, clauses as to in orders for taking land under Part III., 278, 400 MODIFICATION OP SCHEME. Paet I. by Local Government Board, 33, 302 after confirmation, 44, 245, 304 Part II. by Local Government Board, before sanctioning, 87, 323 after order sanctioning, 87, 91, 245, 324 MORTMAIN ACTS, application of, to land held for lodging-houses, 128 to gifts of land for workmen's dwellings, 184, 215, 348 MUNICIPAL CORPORATIONS, appropriation of land by, for workmen's dwellings, 58, 117 N. NARROWNESS OF STREETS, ground for improvement scheme, 22, 24, 297 NEIGHBOURING LANDS, allowance for compulsory purchase of, 61 compensation payable for, 53 inclusion of, in improvement scheme, 27, 298 inclusion of in reconstruction scheme, 89, 198, 323 plans should distinguish, 28, 363, 365 NOTICE, of entry for valuation, &c., 252 Local Government Board may prescribe forms, 256, 359 may dispense with, 256 service of, on local authority, 144, 202, 357 signature of, from local authority, 144, 356 to landlord to execute works, 226, 228, 354 appeal from, 226 form of notice, 378 to owner to execute bye-laws, 231 to tenant of entry to view condition, 226 form of, 377 by landlord agreeing to close, 226 form of, 380 Past L of arbitration under Sched. II. — - before appointment of arbitrator, 157 of appointment, 159 of deposit of plans, 159 award, 162 The numbers printed in heavy type refer to the pages of the Consolidation. [31 ] INDEX. NOTICE— co»i