PART II. Section 9. 42 & 43 Vict. c. 64. Expenses of local autho rity. (1868) Amendment Act, 1879, shall be construed as if the words "and all circumstances affecting such value" were omitted therefrom. 10. The expenses of the local authority under this part of this Act shall be defrayed in like manner as expenses incurred in pursuance of the Artizans and Labourers Dwellings Act (1868) Amendment Act, 1879. (a) SCHEDULE. AMENDMENT OF SCHEDULE TO 38 & 39 VICT. c. 36. (1) In lieu of articles eight(b) to thirteen (both inclusive) of the schedule to the Artizans and Labourers Dwellings Improvement Act, 1875, the following articles shall be substituted; that is to say, Proceedings on Arbitration. (a) Before any arbitrator enters upon any inquiry he shall, in the presence of a justice of the peace, make and subscribe the following declaration; that is to say, "I A.B. do solemnly and sincerely declare, that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the Artizans and Labourers Dwellings Improvement Act, 1875. "Made and subscribed in the presence of "A.B. And such declaration shall be annexed to the award when made; and if any arbitrator, having made such declaration, wilfully act contrary thereto, he shall be guilty of a misdemeanor. (b) As soon as an arbitrator has been appointed as aforesaid, the confirming authority shall deliver to him the maps and schedules deposited at their office, and the local authority shall publish once in each of three successive weeks the following particulars :— (1) The appointment of the arbitrator; and (2) The deposit at the office of the local authority of the copies of such maps and schedules as aforesaid, with a description of the situation of such office, and a statement of the time at which such copies may be inspected by any person desirous of inspecting the same. (a) That is out of the local rate. Section 11 of this Act is repealed by the schedule to 48 & 49 Vict. c. 72, and section 5 of that Act is to be read in its place. (b) Eight is a mistake for five. See section 5 of this Act. (c) In every case in which compensation is payable under the Artizans and Labourers Dwellings Improvement Act, 1875, by the local authority to any claimant, and which compensation has not been made the subject of agreement (in this Act referred to as "a disputed case "), the arbitrator shall ascertain in such manner as he thinks most convenient the amount of compensation demanded by the claimant, and the amount which the local authority may be willing to pay; and after hearing all such parties interested(c) in each disputed case as may appear before him at a time and place of which notice has been given as in this Act mentioned, he shall proceed to decide on the amount of compensation to which he may consider the claimant to be entitled in each case. (d) The arbitrator shall from time to time give notice to the claimants in disputed cases by causing such notice to be published, or otherwise 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.(d) (e) 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 hereinafter contained) upon all persons whomsoever and no such award shall be set aside for irregularity in matter of form.(e) (f) 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 publish once in each of three successive 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 deliver to the local authority on or before a day to be named in such notice (such day not being earlier than twenty-one days from the date of the last publication 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 conveyance on sale within twenty years, and more than ten years, previous to the claim when the abstract shall commence with such conveyance. (c) As to who is a "party interested," see the case of Carr v. Metropolitan Board of Works (11 Ch. D. 807; 49 L. J. Ch. 272; 42 L. T. (N.S.) 354), decided under the repealed schedule. (d) As to the principle on which compensation is to be assessed, see section 19 of 38 & 39 Vict. c. 36. (e) The award is now final in the first instance. Schedule. Schedule. (g) Any person or local authority dissatisfied with the amount of compensation awarded may, where such amount exceeds one thousand pounds, but not otherwise, appeal in manner provided by article twenty-six of the schedule to the Artizans and Labourers Dwellings Improvement Act, 1875, and that article shall be construed as if one thousand pounds were therein substituted for five hundred pounds. (h) The costs, charges, and expenses payable by the local authority under article twenty-eight of the schedule to the Artizans and Labourers Dwellings Improvement Act, 1875, shall not be payable until the amount has been certified by the confirming authority. (2) Notwithstanding anything contained in article twenty-nine of the said schedule, the arbitrator shall not be required to certify the amount of costs incurred by any party in relation to the arbitration in any case where he considers that such costs are not properly payable by the local authority. AN ACT TO AMEND THE LAW RELATING TO DWELLINGS OF 48 & 49 VICT. CAP. 72. 14TH AUGUST, 1885. WHEREAS it is expedient to amend the law with reference to the provision of suitable dwellings for the working classes: Be it therefore 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: LABOURING CLASSES LODGING HOUSES.(b) Labouring Classes 1. (1) The Labouring Classes Lodging Houses Acts, 1851 to 1867, Adoption of may be adopted— (a) For the city of London by the commissioners of sewers of the Lodging city of London; (b) For the metropolis, exclusive of the city of London, by the Metropolitan Board of Works if one of Her Majesty's principal secretaries of state approves of such adoption; (4) When the Labouring Classes Lodging Houses Acts, 1851 to 1867, have been adopted by the Metropolitan Board of Works, or by (a) This Act is to be read as one with all the foregoing. The notes to the various sections will show how far it modifies or amends them. The portions of the Act which do not relate to the metropolis are not included in the text. (b) The Acts in question are 14 & 15 Vict. c. 34, 29 Vict. c. 28, and 30 Vict. c. 28. It has not been thought necessary to include their text in the present volume. They enable local authorities to provide lodging-houses for the working classes. By section 2 (1) of the present Act, the expression "lodging-houses for the working classes" shall be deemed to include separate houses or cottages for the labouring classes, whether containing one or several tenements, and the purposes of the said Acts shall be deemed to include the provision of such houses and cottages. By section 36 of 14 & 15 Vict. c. 34, the power to erect cottages, &c., is extended to fitting up and furnishing them, Houses Acts. Section 1. 18 & 19 Vict. c. 120. 38 & 39 Vict. c. 55. Definition of purposes of Labouring any sanitary authority, or by the commissioners of sewers of the city of London, then (a) Such board or authority or commissioners shall have power to carry the said Acts into execution within the area for which they are adopted, subject in the case of a rural sanitary authority to the foregoing provisions with respect to rural sanitary authorities, and for that purpose may exercise the same powers whether of contract or otherwise in the execution of their duties under the Metropolis Management Act, 1855, and the Acts amending the same, or under the Public Health Act, 1875, or under the Acts conferring powers on such commissioners of sewers respectively; (b) All expenses incurred by such board or authority in the execution of the said Acts shall be defrayed (i) In the case of the Metropolitan Board of Works, out of the dwelling-house improvement fund under the Artizans and Labourers Dwellings Improvement Act, 1875; * (iv) In the case of the city of London, out of the dwellinghouse improvement fund under the Artizans and Labourers Dwellings Improvement Act, 1875; (c) All receipts under the said Acts shall be paid to the fund out of which such expenses are payable, and the accounts of such receipts and expenses shall be audited in like manner and with the like incidents and consequences respectively as the accounts of the general or special expenses above mentioned; but separate accounts shall be kept of the receipts and expenditure for the purposes of the said Acts; (d) Such board and commissioners may borrow for the purpose of the execution of the said Acts, in like manner and subject to the like conditions as they may borrow for the purposes of the Artizans and Labourers Dwellings Improvement Act, 1875, and every such authority may borrow for the purpose of the execution of the said Acts in like manner and subject to the like conditions as for the purpose of defraying the above-mentioned general or special expenses ;(a) (e) In the application of the said Acts to the city of London, "district" shall mean the city of London, and "board" the commissioners of sewers of that city; and in the application of the said Acts to the metropolis, "district" shall mean the metropolis exclusive of the city of London, and “board” the Metropolitan Board of Works; * 2. (1) The expression "lodging-houses for the labouring classes," when used in the Labouring Classes Lodging Houses Acts, 1851 to 1867, shall be deemed to include separate houses or cottages for the (a) As to the power of borrowing money for these purposes, see section 22 of 38 & 39 Vict. c. 36. |