PART I. Section 1. Short title. Application of Act to certain districts, and description of local authority.(a) 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 parliament assembled, and by the authority of the same, as follows: PRELIMINARY. 1. This Act may be cited for all purposes as "The Artizans and Labourers Dwellings Improvement Act, 1875." 2. This Act shall apply only to (1) The city of London; and (2) The metropolis, exclusive of the city of London;(b) and (4) Urban sanitary districts in Ireland; and the local authority shall be as follows; that is to say, (1) As respects the city of London, the Commissioners of Sewers; and (2) As respects the metropolis, the Metropolitan Board of Works; and (3) As respects each urban sanitary district, the urban sanitary authority of that district. Local autho rity on being satisfied by official representation of the scheme for PART I. UNHEALTHY AREAS. 1. Scheme by Local Authority. 3. Where an official representation as hereinafter mentioned (c) is made to the local authority (d) that any houses, courts, or alleys within certain area under the jurisdiction of the local authority are unfit for human habitation, 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, narrowness, and bad arrangement or the bad condition of the streets and houses or groups of houses within such area, or to the want of light, air, ventilation, or proper conveniences, or to any other sanitary defects, or to one or more of such causes, and that the evils connected with such houses, courts, or alleys, and the sanitary defects in such area, cannot be effectually remedied otherwise than by an improvement scheme for the rearrangement and reconstruction of the streets and houses within such area, or of some of such streets or houses, the local authority(e) shall take such representation into their consideration, and if satisfied of the truth thereof, (a) See provision in section 30 as to places in which local Acts are in force, providing for objects the same as or similar to the objects of this Act. (b) Including the liberties thereof, see section 31. (c) See section 4. (d) As to who are the "local authority" see section 2, ante. By 45 & 46 Vict. c. 54, s. 6, post, it is provided where an official representation made to the Metropolitan Board of Works relates to not more than ten houses, that board are not to take proceedings, but they shall 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,(ƒ) and after passing such resolution they shall forthwith proceed to make a scheme for the improvement of such area. (g) Provided always, that no person being beneficially interested in any lands within such area shall vote as members of the local authority upon such resolution, or upon any question relating to the purchase or taking of lands in which he is so interested. If any person votes in contravention of this proviso, he shall, on summary conviction, incur a penalty not exceeding twenty pounds;(h) but the fact of his giving such vote shall not invalidate any resolution passed by the local authority. Provided always, that any number of such areas may be included in one improvement scheme. PART I. Section 3. 4. An official representation shall mean, in the metropolis, a repre- Official sentation made by the medical officer of health of any district board, representaor vestry, or by such medical officer as is hereafter in this Act men- tion, by tioned, (i) to the local authority, and elsewhere shall mean a repre- whom to be sentation made to the local authority by the medical officer of health made. of such authority. A medical officer acting in pursuance of this Act shall make such representation whenever he sees cause to make the same; (k) and if two or more justices of the peace acting within the jurisdiction for which he is medical officer, or twelve or more persons liable to be rated to any rate out of the proceeds of which the expenses of the local authority under this Act are made payable, complain to him of the unhealthiness of any area within such jurisdiction, it shall be the duty of the officer forthwith to inspect such area, and to make an official representation stating the facts of the case, and whether in his opinion the area is an unhealthy area or not an unhealthy area, for the purposes of this Act.(l) direct the officer making it to report the case to the local authority as defined by 31 & 32 Vict. c. 130, ante, who shall deal with the case under that Act, and the Acts amending it. And see also 48 & 49 Vict. c. 72, s. 5, sub-section 2, in cases where there is a conflict between the local authority and the Metropolitan Board of Works as to whether a case is of general importance to the metropolis. If the board of works should be of opinion that the case is not one of general importance to the metropolis but that it should be dealt with under 31 & 32 Vict. c. 130, and the amending Acts, in that case the local authority or the board may submit such resolution to the Secretary of State, who may thereupon appoint an arbitrator, and direct him to hold an inquiry. After receiving his report the Secretary of State may decide that the case shall be dealt with either under the Artizans Dwellings Acts, 1868 to 1882, or under the Artizans and Labourers Dwellings Improvements Acts, 1875 to 1882. (f) As to proceeding where local authority fail to pass a resolution in relation to an official representation, see section 8. (g) As to requisite of improvement scheme, see section 5, and confirmation of scheme, section 6. (h) This penalty may be recovered on the information of any person, but the informer will not be entitled to any part of it; it will be dealt with as an unappropriated penalty under 11 & 12 Vict. c. 43, s. 31. (i) See sections 13 and 14. (k) See section 15, providing for inquiry where the medical officer fails to make representation, &c. () As to penalties for obstructing medical officers of health or officers of the local or confirming authority, see section 29. PART 1. Section 5. Requisites of improvement scheme of local authority.(a) Improvement scheme by provisional order to be confirmed by parliament. Publication of notices. Service of notices.(d) 5. The improvement scheme of a local authority shall be accompanied by maps, particulars, and estimates; it 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; it may also provide for widening any existing approaches to the unhealthy area or otherwise for opening out the same for the purposes of ventilation or health; also it shall distinguish the lands proposed to be taken compulsorily, and shall provide for the accommodation of at the least as many persons of the working class as may be displaced in the area with respect to which the scheme is proposed, in suitable dwellings, 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; it shall also provide for proper sanitary arrangements.(b) It may also provide for such scheme or any part thereof being carried out and effected by the person entitled to the first estate of freehold in any property subject to 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. 2. Confirmation of Scheme. (c) 6. Upon the completion of an improvement scheme the local authority shall Publish, during three consecutive weeks in the month of September, or October, or November, in some one and the same newspaper, circulating within the jurisdiction of the local authority, an advertisement stating the fact of a scheme having been made, the limits of the area to which the scheme relates, 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, During the month next following the month in which such advertisement is published 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 as 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 (a) That part of this section which requires accommodation for the working classes to be provided within the same area or its vicinity is amended by the 4th section of the Artizans and Labourers Dwellings Improvement Act, 1879, which see post. (b) See 42 & 43 Vict. c. 63, s. 4, and 45 & 46 Vict. c. 64, s. 3, post. (c) The report of the board, dated the 31st December, 1877, presented to parliament, gives a detailed and succinct narrative of the operations of the board under the Act, showing the number of official representations made to them by the medical officers of the metropolis, and the course adopted by the board with respect to each. The report sets forth their proceedings in execution of the Acts already obtained, with tabular statements showing in the case of each improvement the number of persons displaced, the number of persons for whom accommodation is provided by the respective schemes, the nature of such accommodation, and other particulars relating to the improvements in question. (d) See section 27, empowering confirming authority to dispense with advertisements and notices in certain cases. owner or reputed owner, lessee or reputed lessee, requiring an answer stating whether the person so served dissents or not in respect of taking such lands, such notice to be served (a) By delivery of the same personally to the person required to be served, or if such person is absent or abroad, cannot be found, to his agent, or if no agent can be found, then by leaving the same on the premises; or, (b) By leaving the same at the usual or last known place of abode of such person as aforesaid; or, (c) By forwarding the same by post in a prepaid letter addressed to the usual or last known place of abode of such person. 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.(e) Upon compliance with the provisions contained in this section with respect to the publication of an advertisement and the service of notices, the local authority shall present a petition, if such authority be the commissioners of sewers or the Metropolitan Board of Works to a secretary of state, and if such authority be an urban sanitary authority to the local government board, praying that an order may be made confirming such scheme. 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 Act referred to as the confirming authority), may from time to time require: 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(f) to be held in, or in the vicinity of, the area to which the scheme relates, for the purpose of ascertaining the correctness of the official representation 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. After receiving the report made upon such inquiry, the confirming authority may make a provisional order declaring the limits of the area to which the scheme relates, and authorising such scheme to be carried into execution. 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 Act to be served, except tenants for a month or a less period than a month. A provisional order made in pursuance of this section shall not be of any validity until and unless it has been confirmed by Act of parliament; and it shall be lawful for the confirming authority, as soon as conveniently may be, to obtain such confirmation, and any provi (e) See provision in section 11, requiring the local authority after the passing of the confirming Act to give notice of their intention to take houses, by placards, handbills, &c., and as to the certificate of a justice. (f) See sections 16 and 17 as to proceedings where a local inquiry is directed, PART I. Section 6. Costs to be awarded in certain cases. Inquiry on refusal of local authority to make an improvement scheme. sional order made in pursuance of this Act, when confirmed by parliament, with such modifications as may seem fit to parliament, shall be deemed to be a public general Act of parliament, and is in this Act referred to as the confirming Act. The confirming authority may make such order as they think fit in favour of any person whose lands were proposed 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. All costs, charges, and expenses incurred by the confirming authority in relation to any provisional order under 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 Act, (a) 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 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 expenses as aforesaid. Any order made by the confirming authority in pursuance of this section may be made a rule of one of Her Majesty's superior courts, and be enforced accordingly.(b) 7. Where any bill for confirming a provisional order authorising an improvement scheme is referred to a committee of either house of parliament upon the petition of any person opposing such bill, the committee shall take into consideration the circumstances under which such opposition is made to the bill, and whether such opposition was or was not justified by such circumstances, and shall award costs accordingly to be paid by the promoters or the opponents of the bill as the committee may think just. Any costs under this section may be taxed and recovered in the manner in which costs may be taxed and recovered under the Act of the session of the twenty-eighth and twenty-ninth years of the reign of Her present Majesty, chapter twenty-seven. The decision of the majority of the members of the committee for the time being present and voting on any question under this section shall be deemed to be the decision of the committee. 8. 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 resolution to the effect that they will not proceed with such scheme, such 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 (a) See section 21 as to separate account by local authority of receipt and expenditure under the Act, formation of "dwelling-house improvement fund," definition of "local rates," borrowing powers, and audit. (b) In the same way as a judgment. See 1 & 2 Vict. c. 100, s. 18. |