2nd Sch. (90). the matter of the arbitration which were in the possession of such arbitrator shall be delivered to the arbitrator appointed in his place, and the local authority shall publish notice of such appointment in the London Gazette.

Section 62.

But see the Acquisition of Land (Assessment of Compensation) Act, 1919, section 7 (1) proviso.

(32.) All notices required by this schedule to be published shall be published in *a newspaper circulating within the jurisdiction of the local authority, and where no other form of service is prescribed all notices required to be served or given by the local authority under this schedule or otherwise upon any persons interested in or entitled to sell lands, shall be served in manner in which notices of lands proposed to be taken compulsorily for the purpose of an improvement scheme are directed by Part I of this Act to be served upon owners or reputed owners, lessees or reputed lessees, and occupiers.

See section 7 hereof.

Application of Schedule to Scotland and Ireland omitted. Third, Fourth and Fifth Schedules repealed by the Housing, Town Planning, &c., Act, 1909.

SIXTH SCHEDULE

BYELAWS TO BE MADE IN ALL CASES (EXCEPT WHERE A LODGING HOUSE IS USED As a separate DWELLING) For securing that the lodging-houses shall be under the management and control of the officers, servants, or others appointed or employed in that behalf by the local authority.

* As altered by the Housing, Town Planning, &c., Act, 1919, 2nd schedule.

For securing the due separation at night of men and 6th Sch. (90). boys above eight years old from women and girls.

For preventing damage, disturbance, interruption,

and indecent and offensive language and behaviour and nuisances.

For determining the duties of the officers, servants, and others appointed by the local authority.

See further as to byelaws-section 26 of the 1919 Act.

The Seventh Schedule (Enactments Repealed) was repealed by the Statute Law Revision Act, 1908.

Exemption from

51 & 52 Vict.

c. 42.

Parts I, II,

& 7 & 8 Vict.

c. 97. s. 16.

WORKING CLASSES DWELLINGS ACT, 1890

[53 & 54 VICT. CH. 16.]

An Act to facilitate Gifts of Land for Dwellings for the
Working Classes in Populous Places.

[25th July 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 Parliament assembled, and by the authority of the same, as follows:

1. Parts I and II of the Mortmain and Charitable Uses Act, 1888, and section sixteen of the Act of the session held in the seventh and eighth years of Her present Majesty, chapter ninety-seven, intituled "An of gifts for Act for the more effectual application of charitable working donations and bequests in Ireland," shall not apply to any assurance, by deed or will, of land, or of personal estate to be laid out in land, for the purpose of providing dwellings for the working classes in any populous place. Provided as follows:

classes dwellings.

:

(i.) The quantity of land which may be assured by will under this section shall not exceed five acres ; and

(ii.) The deed or will containing the assurance must, within six months, in the case of a deed after the execution thereof, or in the case of a will after the probate thereof, be enrolled in the books of the Charity Commissioners, if the land is situate in England or Wales, and the deed containing the assurance must,

within six months after the execution thereof, be registered in the office for registering deeds in the city of Dublin, if the land is situate in Ireland. For the purposes of this Act, the expression "populous place" means the administrative county of London, any municipal borough, any urban sanitary district, and any other place having a dense population of an urban character.

of Act.

2. This Act shall extend to any assurance by deed Application made within twelve months before the passing of this Act by a person alive at that passing as if it had been made after the passing, except that the assurance shall be enrolled or registered as aforesaid within six months after the passing of this Act.

3. (1.) This Act may be cited as the Working Classes Short title Dwellings Act, 1890.

and construction.

(2.) Expressions used in this Act shall have the same meaning as in the Mortmain and Charitable Uses Act, 51 & 52 Vict. 1888.

c. 42.

Note

By section 8 of the 1909 Act, it is provided that “a local authority may accept a donation of land or money or other property for any of the purposes of the Housing Acts, and it shall not be necessary to enrol any assurance with respect to any such property under the Mortmain and Charitable Uses Act, 1888."

In Re Sutton, Lewis v. Sutton [1901] 2 Ch. 640, Buckley, J., expressed the opinion that the present Act did not apply to a case where money had been left to buy land and erect houses for the purpose of supplying the poor with dwelling houses at less than their value. In the same case it was held that the bequest was valid and was not affected by section 7 of the Mortmain and Charitable Uses Act, 1891, which amended the above quoted Act of 1888.

Borrowing

powers under a

scheme for

recon

struction,

53 & 54 Vict. c. 70.

HOUSING OF THE WORKING CLASSES ACT,

1894. [57 & 58 VICT. CH. 55.]

An Act to explain the provisions of Part II of the Housing
of the Working Classes Act, 1890, with respect to
powers of borrowing.
[25th August 1894.]

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:

1. 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, 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.

2. This Act may be cited as the Housing of the Working Classes Act, 1894.

The purpose of this Act is to permit the local authority to borrow for any purpose of a Part II reconstruction scheme, authorised by the scheme or the sanctioning order. By the sections mentioned they had power to borrow only for the purpose of raising the purchase money or the compensation.