SEVENTH SCHEDULE.

14 & 15 Vict. c. 34. The Labouring Classes Lodging The whole Act. Houses Act, 1851.

18 & 19 Vict. c. 88. The Dwelling Houses (Scotland) The whole Act. Act, 1855.

29 & 30 Vict. c. 28. The Labouring Classes Dwelling The whole Act. Houses Act, 1866.

29 & 30 Vict. c. 44. The Labouring Classes Lodging The whole Act. Houses and Dwellings Act (Ireland), 1866.

30 & 31 Vict. c. 28. The Labouring Classes Dwelling The whole Act. Houses Act, 1867.

31 & 32 Vict. c. 130. The Artizans and Labourers The whole Act. Dwellings Act, 1868.

38 & 39 Vict. c. 36. The Artizans and Labourers The whole Act. Dwellings Improvement Act, 1875.

38 & 39 Vict. c. 49. The Artizans and Labourers The whole Act. Dwellings Improvement (Scot. land) Act, 1875.

42 & 43 Vict. c. 63. The Artizans and Labourers The whole Act. Dwellings Improvement Act, 1879.

42 & 43 Vict. c. 64. The Artizans and Labourers The whole Act. Dwellings Act (1868) Amendment Act, 1879.

42 & 43 Vict. c. 77. The Public Works Loans Act, Section six.

HOUSING OF THE WORKING CLASSES ACT, 1894.

To Explain the provisions of Part II. of the Housing of the Working Classes Act, 1890, with respect to powers of borrowing.-[57 and 58 Vict. cap. 55.-25th August, 1894.]

Housing Code,

8. 37.

I. Borrowing powers under a scheme for reconstruction.—For any purpose for which a Local Authority are, by a scheme for reconstruction duly sanctioned under Part II. of the Housing of the Working Classes Act, 1890 (53 & 54 Vict. cap. 70), or by the order sanctioning the scheme, authorised to borrow, the authority shall have power and shall be deemed always to have had power to borrow in like manner and subject to the_like_conditions as they may borrow under section forty-three of that Act for the purpose of raising the sums required for the purchase money or compensation therein mentioned, and sections forty-three and forty-six of that Act shall apply accordingly.

II. Short title.-This Act may be cited as the Housing of the Working Classes Act, 1894.

HOUSING OF THE WORKING CLASSES ACT, 1890,
AMENDMENT (SCOTLAND) ACT, 1896.

To Amend the Housing of the Working Classes Act, 1890.-[59 and 60 Vict. cap. 31.-7th August, 1896.]

Housing Code, 8. 15 (3)

Repealed by 1909, Sch. VI.

I. Short title.-This Act may be cited as the Housing of the Working Classes Act, 1890, Amendment (Scotland) Act, 1896.

II. Re-vesting of lands.-Any land acquired by a Local Authority for the purposes of the Artisans and Labourers Dwellings Improvement (Scotland) Acts, 1875 to 1880, and still held by and vested in them shall be deemed to be held by and vested in them for the purposes of Part I. and relative provisions of the Housing of the Working Classes Act, 1890 (53 & 54 Vict. cap. 70), without the necessity of expeding or recording any notarial or other instrument.

III. Defining 53 & 54 Vict. cap. 70, § 96 (2).-Section ninety-six, subsection two, of the Housing of the Working Classes Act, 1890, shall be read and construed as if the words "and any Acts amending the same "had been inserted after 1871" and as if the words "in the case of a rural sanitary authority" had been inserted after the words "provided that" occurring in that sub-section.

66

IV. Repeal of 55 & 56 Vict. can. 22.-The Housing of the Working Classes Act, 1890, Amendment (Scotland) Act, 1892, is hereby repealed.

SMALL DWELLINGS ACQUISITION ACT, 1899.*

62 and 63 Vict. c. 44.

*Note.-As to this Act, which does not form one of the "Housing Acts," though closely allied thereto in purpose, see Royal Commission on Housing Report, 8. 2017-2019. Except in the Burgh of Bo'ness, where a small scheme was carried out, this Act has been a dead letter in Scotland; but the amendments effected by 8. 39 of the Housing Act, 1919, may tend to popularise the statute. It is to be specially noted that the Central Authority is the Secretary for Scotland, and not the Board, and that the local authorities are (a) in counties and burghs of less than 7000 population, the County Council; and (b) in other buryhs, the Town Council.

CHAPTER 44.

An Act to empower Local Authorities to advance Money for enabling Persons
to acquire the Ownership of Small Houses in which they reside.
[9th August, 1899.]

1.-(1) A Local Authority for any area may, subject to the provisions of this Act, advance money to a resident in any house within the area for the purpose of enabling him to acquire the ownership of that house; provided that any advance shall not exceed

Power of local

authority to advance money

to residents in

houses for the purchase of

(a) four-fifths of that which in the opinion of the Local Authority is houses. the market value of the ownership; nor

(b) two hundred and forty pounds; or, in the case of a fee simple or leasehold of not less than ninety-nine years unexpired at the date of the purchase, three hundred pounds;†

and an advance shall not be made for the acquisition of the ownership of a house where in the opinion of the Local Authority the market value of the house exceeds four hundred pounds.

(2) Every such advance shall be repaid with interest within such period not exceeding thirty years from the date of the advance as may be agreed upon.

(3) The interest shall be at such rate as may be agreed upon, not exceed ing ten shillings above the rate at which the Local Authority can at the time borrow from the Public Works Loan Commissioners the money for the advance.

(4) The repayment may be made either by equal instalments of principal or by an annuity of principal and interest combined, and all payments on account of principal or interest shall be made either weekly or at any periods not exceeding a half-year, according as may be agreed.

(5) The proprietor of a house in respect of which an advance has been made may at any of the usual quarter days, after one month's written notice, and on paying all sums due on account of interest, repay to the Local Authority the whole of the outstanding principal of the advance, or any part thereof being ten pounds or a multiple of ten pounds, and where the repayment is made by an annuity of principal and interest combined, the amount so outstanding and the amount by which the annuity will be reduced where a part of the advance is paid off, shall be determined by a table annexed to the instrument securing the repayment of the advance.

2. Before making an advance under this Act in respect of a house a Local Authority shall be satisfied

(a) that the applicant for the advance is resident or intends to reside in
the house, and is not already the proprietor within the meaning
of this Act of a house to which the statutory conditions apply;
and

(b) that the value of the ownership of the house is sufficient; and
(c) that the title to the ownership is one which an ordinary mortgagee
would be willing to accept; and

Increased to 85 per cent. by section 39 of the

Housing, &c.,
Act, 1919.

+ Paragraph (b)
is repealed by
section 39 of the

Housing, &c., Act, 1919. Increased to 800 by section 39 of the Housing, &c., Act, 1919.

Procedure for obtaining advance.

This sub-section is not applicable to Scotland, sce s. 11 (8) below.

Conditions affecting house

purchased by

means of

advance.

46 & 47 Vict. c. 52.

For application

of this sub

(d) that the house is in good sanitary condition and good repair; and
(e) that the repayment to the Local Authority of the advance is secured
by an instrument vesting the ownership (including any interest
already held by the purchaser) in the Local Authority subject to
the right of redemption by the applicant, but such instrument
shall not contain anything inconsistent with the provisions of this
Act.

3.-(1) Where the ownership of a house has been acquired by means of an advance under this Act, the house shall, until such advance with interest has been fully paid, or the Local Authority have taken possession or ordered a sale under this Act, be held subject to the following conditions (in this Act referred to as the statutory conditions), that is to say:

(a) Every sum for the time being due in respect of principal or of interest of the advance shall be punctually paid:

(b) The proprietor of the house shall reside in the house:

(c) The house shall be kept insured against fire to the satisfaction of
the Local Authority, and the receipts for the premiums produced
when required by them:

(d) The house shall be kept in good sanitary condition and good repair:
(e) The house shall not be used for the sale of intoxicating liquors, or
in such a manner as to be a nuisance to adjacent houses:
(f) The Local Authority shall have power to enter the house by any
person, authorised by them in writing for the purpose, at all
reasonable times for the purpose of ascertaining whether the statu-
tory conditions are complied with.

(2) The proprietor of the house may with the permission of the Local Authority (which shall not be unreasonably withheld) at any time transfer his interest in the house, but any such transfer shall be made subject to the statutory conditions.

(3) Where default is made in complying with the statutory condition as to residence, the Local Authority may take possession of the house, and where default is made in complying with any of the other statutory conditions, whether the statutory condition as to residence has or has not been complied with, the Local Authority may either take possession of the house, or order the sale of the house without taking possession.

(4) In the case of the breach of any condition other than that of punctual payment of the principal and interest of the advance, the authority shall, previously to taking possession or ordering a sale, by notice in writing delivered at the house and addressed to the proprietor, call on the proprietor to comply with the condition, and if the proprietor

(a) within fourteen days after the delivery of the notice gives an undertaking in writing to the authority to comply with the notice; and

(b) within two months after the delivery of the notice complies therewith,

shall not take possession or order a sale, as the case may be.

(5) In the case of the bankruptcy of the proprietor of the house, or in the case of a deceased proprietor's estate being administered in bankruptcy under section one hundred and twenty-five of the Bankruptcy Act, 1883, the Local Authority may either take possession of the house or order the sale land, see s. 11(7) of the house without taking possession, and shall do so except in pursuance of some arrangement to the contrary with the trustee in bankruptcy.

section to Scot

below.

Provision as to personal liability and powers of proprietor.

4. (1) Where the ownership of a house has been acquired by means of an advance under this Act, the person who is the proprietor shall be personally liable for the repayment of any sum due in respect of the advance until he ceases to be proprietor, by reason of a transfer made in accordance with this Act.

(2) The provisions of this Act requiring the permission of the Local Authority to the transfer of the proprietor's interest in a house under this Act shall not apply to any charge on that interest made by the proprietor, so far as the charge does not affect any rights or powers of the Local Authority under this Act.

5.-(1) Where a Local Authority take possession of a house, all the estate, right, interest, and claim of the proprietor in or to the house shall, subject as in this section mentioned, vest in and become the property of the Local Authority, and that authority may either retain the house under their own management or sell or otherwise dispose of it as they think expedient.

(2) Where a Local Authority take possession of a house they shall, save as hereinafter mentioned, pay to the proprietor either

(a) such sum as may be agreed upon; or

(b) a sum equal to the value of the interest in the house at the disposal of the Local Authority, after deducting therefrom the amount of the advance then remaining unpaid and any sum due for interest; and the said value, in the absence of a sale and in default of agreement, shall be settled by a county court judge as arbitrator, or if the Lord Chancellor so authorises, by a single arbitrator appointed

by the county court judge, and the Arbitration Act, 1889, shall 52 & 53 Vict. apply to any such arbitration.

(3) The sum so payable to the proprietor if not paid within three months after the date of taking possession shall carry interest at the rate of three per cent. per annum from the date of taking possession.

(4) All costs of or incidental to the taking possession, sale, or other disposal of the house (including the costs of the arbitration, if any) incurred by the Local Authority, before the amount payable to the proprietor has been settled either by agreement or arbitration, shall be deducted from the amount otherwise payable to the proprietor.

(5) Where the Local Authority are entitled under this Act to take possession of a house, possession may be recovered (whatever may be the value of the house) by or on behalf of the Local Authority either under sections one hundred and thirty-eight to one hundred and forty-five of the County Courts Act, 1888, or under the Small Tenements Recovery Act, 1838, as in the cases therein provided for, and in either case may be recovered as if the Local Authority were the landlord and the proprietor of the house were the tenant.

C. 49.

6.-(1) Where a Local Authority order the sale of a house without taking Procedure as to possession, they shall cause it to be put up for sale by auction, and out of ordering sale. the proceeds of sale retain any sum due to them on account of the interest or principal of the advance, and all costs, charges, and expenses properly incurred by them in or about the sale of the house, and pay over the balance (if any) to the proprietor.

(2) If the Local Authority are unable at the auction to sell the house for such a sum as will allow of the payment out of the proceeds of sale of the interest and principal of the advance then due to the authority, and the costs, charges, and expenses aforesaid, they may take possession of the house in manner provided by this Act, but shall not be liable to pay any sum to the proprietor.

7.-(1) An advance may be made to an applicant who intends to reside in a house, as if he were resident, if he undertakes to begin his residence therein within such period not exceeding six months from the date of the advance, as the Local Authority may fix, and in that case the statutory condition requiring residence shall be suspended during that period.

(2) The Local Authority may allow a proprietor to permit, by letting or otherwise, a house to be occupied as a furnished house by some other person during a period not exceeding four months in the whole in any twelve months, or during absence from the house in the performance of any duty arising from or incidental to any office, service, or employment held or undertaken by him, and the condition requiring residence shall be suspended while the permission continues.

Suspension of condition as to

residence.

For application

of this subsection to Scot

land, see s. 11 (7)

(3) Where the proprietor of a house subject to statutory conditions dies, the condition requiring residence shall be suspended until the expiration of twelve months from the death, or any earlier date at which the personal representatives transfer the ownership or interest of the proprietor in the below. course of administration; and where the proprietor of any such house becomes bankrupt, or his estate is administered in bankruptcy under section one hundred and twenty-five of the Bankruptcy Act, 1883, and in either case an arrangement under this Act is made with the trustee in bankruptcy, the condition as to residence shall, if the Local Authority think fit, be suspended during the continuance of the arrangement.