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Citation of
Act.

31 & 32 Vict.

c. 130, s. I.

Application of Act.

Ib. s. 2.

31 & 32 Vict.

c. 130. Sch. I.

CHAPTER XIII.

ARTIZANS' AND LABOURERS' DWELLINGS.

The Act to provide better dwellings for artizans and labourers (31 & 32 Vict. c. 130), applies to the whole of the United Kingdom; but only so much of it as relates to England is dealt with in this place.

1. PRELIMINARY.

In citing the Act it shall be sufficient to use the words, "The Artizans' and Labourers' Dwellings Act, 1868."

The Act does not apply to any place, the population whereof does not, according to the census for the time being in force, amount to the number of ten thousand persons.

The following table shows the places, the local authorities, local rates out of which the expenses are to be paid, and the officer who is to be the clerk of the local authority of each district :

:

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Places to which Act applies.

Rate.

Description of Local Description of Local Description of Clerk 31 & 32 Vict.
Authority.
of Local Athority. c. 130.
Sch. I.

Places within the ju- The Local Board.
risdiction of Local
Boards, constituted

in pursuance of the Public Health Act, 1848, and the Local Government Act, 1858, or one of such Acts.

General District Clerk of the Local
Rate.

Board or 'other
officer performing
duties of clerk.

The following words and expressions have in the Act the Interpretation following meanings, unless excluded by the subject or context; of terms. (that is to say,)

Ib. s. 3.

The word "street" includes any court, alley, street, square, "Street and or row of houses:

square." The word "premises" means any dwelling-house or inhabited "Premises.” building, and the site thereof, with the yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith:

The expression "owner," in addition to the definitions given "Owner.” by the Lands Clauses Act (1), shall include all lessees or mortgagees of any premises required to be dealt with under the 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 :

"Person" shall include a body of persons, corporate or unincorporate :

66

66 Person."

66

'Quarter

"Quarter Sessions" shall include general sessions: "Officer of Health" shall mean and include medical officer Sessions."

"Officer of

of health, sanitary inspector, or any statutory officer Health."
performing the duties which a medical officer or sanitary
inspector performs under or by virtue of any act of
Parliament:

"Local

In all cases in which the name of a local authority, local " court, magistrate, or officer having any local jurisdiction in Officer," &c. respect of their or his office is referred to, without mention of the locality to which the jurisdiction extends, such reference is to be understood to indicate the local authority, local court, magistrate, or officer having jurisdiction in that place within which are situate the premises or other subject matter, or any part thereof, to which such reference applies:

66

Borough" in England shall mean any place for the time "Borough being subject to the Act passed in the session holden in in England, the fifth and sixth years of the reign of King William IV.,

(1) E. g., any person or corporation who, under the provisions of the Lands Clauses Act, or the special

Act, would be enabled to sell and
convey lands to the promoters of
the undertaking. (8 Vict, c. 18, s. 3.)

Interpretation
of terms.
31 & 32 Vict.

c. 130, s. 3.

Appointment of officers of

health and payment of salaries.

Ib. s. 4.

cap. 76, intituled "An Act to provide for the Regulation of Municipal Corporations in England and Wales."

§ 2. APPOINTMENT OF OFFICER OF HEALTH.

If in any place to which the Act applies there is no officer of health within the meaning of the Act, the local authority, with the approval of the Local Government Board, shall forthwith appoint such an officer for such period as shall be necessary, shall assign him his duties, and pay him such salary or emolu34 & 35 Vict. ment out of the local rate as they, with such approval as aforesaid, shall think fit. The local authority, with the like approval, may from time to time remove any officer appointed under this section, and in manner aforesaid appoint another officer in his place.

c. 70.

Report of officer of

health.

$ 3. REPORT OF OFFICER OF HEALTH ON PRemises.

If in any place to which the Act applies the officer of health find that any premises therein are in a condition or state 31 & 32 Vict. dangerous to health so as to be unfit for human habitation, he shall report the same in manner hereinafter provided to the local authority.

c. 130, s. 5.

Report to be delivered to clerk of local authority, who shall refer the

same to a

surveyor, &c.

Ib. s. 6.

On representation by householders that disease

exists in any

house, officer

of health to inspect and report. Ib. s. 12. If local authority neglect to enforce Act,

Local Govern

ment Board

may compel

Every such report shall be made in writing and delivered to the clerk of the local authority, and the local authority shall refer such report to a surveyor or engineer, who shall thereupon consider the report so furnished to him, and report to the local authority what is the cause of the evil so reported on, and the remedy thereof, and if such evil is occasioned by defects in any premises, whether the same can be remedied by structural alterations and improvements or otherwise, or whether such premises, or any and what part thereof, ought to be demolished.

§ 4. REPORT OF HOUSEHOLDERS ON PREMISES.

If and whenever any four or more householders living in or near to any street, by writing under their hands, represent to the officer of health that in or near that street any premises are in a condition or state dangerous to health so as to be unfit for human habitation, he shall forthwith inspect the premises, and report thereon; but the absence of any such representation shall not excuse him from inspecting any premises, and reporting thereon.

In the event of the local authority declining or neglecting for the space of three calendar months after receiving such report, to take any proceedings to put the Act in force, the householders who signed such representation may address a memorial to the Local Government Board stating the circumstances, and asking that an inquiry be made, and upon receipt

of such memorial the Local Government Board may direct the it to proceed. local authority to proceed under the provisions of the Act, and 31 & 32 Vict. such direction shall be binding on the local authority.

§ 5. PROCEDURE AFTER RECEIVING REPORT.

c. 130, s. 13.

owner who

Ib.

Upon receipt of the report of the surveyor and engineer, the Copies of local authority shall cause copies of both the reports to be reports to be given to the owner, with notice of the time and place appointed given to by the local authority for the consideration thereof, and such may object to owner shall be at liberty to attend and to state his objections the same. (if any) to such reports, or either of them, including therein Ib. s. 7. any objection that the necessary works ought to be done by or at the expense of some other person or persons, or at the expense of the parish or district in which the premises are situate; and on such objections the local authority shall make an order in writing, signed by the clerk of such local authority, which shall be subject to appeal in manner hereinafter mentioned; and if such objections are overruled, the local authority, Local authoif they deem it necessary, shall cause to be prepared a plan rity to prepare and specification of the works (if any), and an estimate of the plan and specification cost of such works, required to be executed. of required The clerk of the local authority shall thereupon forthwith works. give notice to the owner of the premises, informing him that a plan and specification and estimate of the cost of such works as Clerk of local are required in reference thereto have been prepared, and that give notice to authority to such plan and specification and estimate may, if such owner owner of plan, think fit, be inspected and transcribed by him or his agent at etc., of rethe office of the clerk of the local authority without charge; quired works and any such owner may at any time within three weeks after having been prepared. the receipt of such notice state in writing to the clerk of the Ib. s. 8. local authority any objection which he may entertain to the said plan, specification, and estimate, or any of them, and may attend at a time and place to be appointed for such purpose by the local authority to support such objections; and the local authority shall thereupon make such order in relation thereto as they may think fit; and if they decide that any alteration is to be made in the said plan, specification, and estimate, the local authority shall cause such alteration to be made accordingly, and the plan and specification and estimate so amended shall be the plan and specification and estimate according to which the works shall be executed.

§ 6. APPEAL AGAINST ORDER OF LOCAL AUTHORITY.

Any person aggrieved by any order of the local authority, or his agent, may appeal against the same to the Court of Quarter Sessions held next after the making of the order, but the appellant shall not be heard in support of the appeal unless, within one calendar month after the making of the order appealed

Persons

order of local

the same.

c. 130, s. 9.

against, he give to the clerk of the local authority notice in aggrieved by writing stating his intention to appeal, together with a statement in writing of the grounds of appeal, and shall, within two authority may appeal against days after giving such notice, enter into a recognizance before some justice of the peace, with sufficient securities, conditioned 31 & 32 Vict. to try such appeal at the said Court, and to abide the order of and pay such costs as may be awarded by the Court or any adjournment thereof. The Court, upon the appearing of the parties, or upon their making default, shall have full power and jurisdiction to make such order and give such directions as under the circumstances shall seem just, and may, according to its discretion, award such costs to the party appealing or appealed against as they think proper, and the determination. of the Court in or concerning the premises shall be conclusive and binding on all persons to all intents or purposes whatsoever: Provided.

Owner may

appeal where

decision of local autho

rity is against

him.

Ib. s. 10.

Where local authority decide in

favour of

First, that if there be not time to give such notice and enter into such recognizance as aforesaid, then such appeal may be made to, and such notice, statement, and recognizance be given and entered into for the next sessions at which the appeal can be heard:

Secondly, that on the hearing of the appeal no grounds of

appeal shall be gone into or entertained other than those set forth in such statement as aforesaid:

Thirdly, that in any case of appeal the Court shall, at the request of either party, state the facts specially for the determination, in England, of Her Majesty's Court of Queen's Bench, in which case it shall be lawful to remove the proceedings, by writ of certiorari, into the said Court of Queen's Bench:

Fourthly, that pending any appeal no work shall be done nor proceedings taken under any order until after the determination of such appeal, or it shall cease to be prosecuted. If the owner appeal from the decision of the local authority upon the objection that he is not responsible for the state and condition of his premises, he shall be bound to give notice of his appeal, and a statement in writing of the ground thereof, to the person or persons, or to the parish or district (sic), alleged by him to be the occasion of his premises being in such a state or condition as to render them liable to be reported upon under the provisions of the Act, and such person or persons, or parish or district (sic), may appear before the Court, and be heard against his or their alleged liability.

If the local authority shall decide in favour of the objection of the owner of the premises that some other person or persons, or that the parish or district in which the premises are situate, is owner, reports or are responsible for the state and condition of his premises, the local authority shall forthwith send copies of the reports of the officer of health and of the surveyor or engineer to such person or persons, or to the officer of such parish or district,

and notices

to be sent to parties liable. Ib. s. II.

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