From and after the time when such offices are united, the Treasury shall cease to pay such pension, and such pension shall be thenceforth paid by the grand jury of the county; or, in the case of a borough, by the town council having the fiscal powers of a grand jury.

Any special pension payable by a grand jury or town council under the said Act, or under this Act, shall be presented and paid to the officer to whom such pension is granted, at the same times and in the same manner as the salary of the office was presentable and payable at the time of the passing of the said County Officers and Courts (Ireland) Act, 1877; and in this enactment the term "salary " shall include any payments customarily made by a grand jury or town council to such officer, whether such payments were of a fixed amount and were described as a salary, or not.

2. This Act shall apply to every special pension granted after the passing of this Act to a clerk of the Crown or clerk of the peace.

This Act shall also apply to the special pension granted before the passing of this

Act to Edward Geale, Esquire, formerly clerk of the Crown of the city of Dublin, and of the county of Dublin.

The treasurer of the city of Dublin and the Finance Committee of the Grand Jury of the county of Dublin respectively, shall, as soon as reasonably can be after the passing of this Act, furnish to the Commissioners of the Treasury a statement of all sums paid out of the funds of the city or county respectively to the said Edward Geale on account of his special pension; and it shall be lawful for the Commissioners of the Treasury to repay to such treasurer and Finance Committee respectively, to be accounted for by them as money received on account of grand jury cess, such sums as they find to have been paid to the said Edward Geale out of the funds of the city and of the county respectively as aforesaid.

All payments by the Commissioners of the Treasury under this Act shall be made out of moneys to be provided by Parliament.

3. This Act may be cited for all purposes as the County Officers and Courts (Ireland) Amendment Act, 1885.

4. Amendment of 31 & 32 Vict. c. 130.

An Act to amend the Law relating to Dwellings of the Working Classes. (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.

1. (1.) The Labouring Classes Lodging Houses Acts, 1851 to 1867, may be adopted(a) for the city of London by the Commissioners of Sewers of the 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;

(c) for any urban sanitary district by the urban sanitary authority of such district in accordance with section ten of the Public Health Act, 1875; and

(d.) for any rural sanitary district, by the sanitary authority of the district upon such certificate published by the Local Government Board, and after such delay as herein-after mentioned.

(2.) A rural sanitary authority in any district desiring to adopt the said Acts may apply to the Local Government Board for the certificate required for such adoption, and shall specify in such application the area in which they consider that accommodation is necessary for the housing of the labouring classes, and thereupon the Local Government Board shall direct a local inquiry to be held by one of their inspectors, and if after such local inquiry the inspector shall certify that accommodation is necessary in such area for the housing of the labouring classes, and that there is no probability that such accommodation will be

provided without the execution of the said Acts, and that having regard to the liability which will be incurred by the rates it is under all the circumstances prudent for the said authority to undertake the provision of the said accommodation under the powers of the said Acts, the Local Government Board may if they think fit publish that certificate in the "London Gazette," and thereupon the sanitary authority may adopt the said Acts: Provided that(a) unless the Local Government Board state in publishing such certificate that, by reason of the date of the next ordinary election of members of such authority or otherwise, an emergency renders it necessary to adopt the Acts immediately, such adoption in pursuance of the certificate shall not take place before the ordinary election of members of such authority which is held next after the date of the local inquiry; and

(b) after the end of twelve months from the date of the certificate the Acts shall not be adopted without a fresh certificate; and (c) no land shall be acquired, nor buildings erected under the said Acts outside of the area mentioned in the certificate except after a fresh application, inquiry, and certificate.

(3.) Where the rural sanitary authority think it just that the burden of the expenses of the execution of the said Acts should be borne by some contributory place or places only in their district, instead of by the whole of their district, the authority may in their application to the Local Government Board request permission to limit the burden of such expenses to such contributory place or places, and thereupon the justice of such limitation shall be inquired into at the local inquiry, and the Local Government Board, if satisfied after the local inquiry that the circumstances of the contributory place or places and of the rest of the district render such limitation just, may make an order to that effect, and thereupon the expenses of the execution of the said Acts in the area mentioned in the order shall be borne by the contributory place or places

named in the order instead of by the whole district. The provisions of this enactment with respect to the burden of the expenses shall apply upon every application for a fresh certificate.

(4.) When the Labouring Classes Lodging Houses Acts, 1851 to 1867, have been adopted by the Metropolitan Board of Works, or by any sanitary authority, or by the Commissioners of Sewers of the City of London, then (a) such board or authority or Commis

sioners 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 as 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;

.

(ii.) in the case of an urban sanitary authority, as part of the general expenses of their execution of the Public Health Act, 1875; and (iii) in the case of a rural sanitary authority, as special expenses incurred in the execution of the Public Health Act, 1875, and, save where the burden of such expenses is by order of the Local Government Board to be borne by one contributory place only, shall be deemed to be incurred for the common benefit of all the contributory places liable to bear such expenses: Provided that if on the application of the rural sanitary authority it is so declared at the time of the publication of the certificate by the Local Govenment Board, then the said expenses of the rural sanitary authority shall be defrayed as general expenses of the said authority in the execution of the Public Health Act, 1875, and if such expenses are not to be borne by the whole of the district, shall be charged to the contributory places which are to bear the same as an addition to the general expenses otherwise chargeable thereto;

(iv.) in the case of the City of London, out of the Dwelling House 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;

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(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; and in the application of the said Acts to a rural sanitary district, district shall mean the said district, and "board" the rural sanitary authority. In any case where an urban sanitary authority does not levy a borough rate or any general district rate, but is empowered by a Local Act or Acts to borrow money and to levy a rate or rates throughout the whole of their district for purposes similar to those or to some of those for which a general district rate is leviable, it shall be lawful for such sanitary authority to defray the expenses incurred in the execution of the said Acts by means of money to be borrowed, and a rate or rates to be levied, under such Local Act or Acts.

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 labouring classes, whether containing one or several tenements, and the purposes of the said Act

shall be deemed to include the provision of such houses and cottages.

(2.) Land for the purposes of the said Acts as amended by this Act may be acquired by the Metropolitan Board of Works, by the Commissioners of Sewers of the city of London, and by any sanitary authority in like manner as if those purposes were purposes of the Public Health Act, 1875, and sections one hundred and seventy-five to one hundred and seventy-eight, both inclusive, of that Act (relating to the purchase of land) shall apply accordingly, and shall for the purposes of this Act extend to the metropolis in like manner as if the Commissioners of Sewers and Metropolitan Board of Works respectively were a local authority in the said sections mentioned, and one of Her Majesty's Principal Secretaries of State were substituted for the Local Government Board.

3. In the event of the removal from their present sites of Millbank Penitentiary or Pentonville Penitentiary, it shall be lawful for Her Majesty, on the recommendation of the Commissioners of Her Majesty's Treasury, and subject to such conditions as they may think reasonable, and in the event of the removal from its present site of Coldbath Fields Prison, or House of Detention, Clerkenwell, it shall be lawful for the justices of the peace for the county of Middlesex if the justices think fit so to do, to sell and convey those respective sites or any part or parts thereof to the Metropolitan Board of Works, at a fair market price.

Amendment of Artizans Dwellings Acts.

4. The owner of any premises who is required by an order of a local authority made under the Artizans and Labourers Dwellings Act, 1868, to execute any works on or to demolish any premises, shall cease to have the power to require the local authority to purchase such premises.

Amendment of Artizans and Labourers Dwellings Improvement Acts.

5. (1.) The Artizans and Labourers Dwellings Improvement Acts, 1875 to 1882, shall extend to all urban sanitary districts.

(2.) In either of the following cases:

(a.) Where an officer of health has reported to any local authority in the metropolis, exclusive of the City of London, either in pursuance of the Artizans and Labourers Dwellings Act, 1868, that any premises are in a condition or state dangerous to health, so as to be unfit for human habitation, or in pursuance of section eight of the

Artizans Dwellings Act, 1882, that the pulling down of any obstructive buildings would be expedient, and such authority resolve that the case of such premises or buildings is of such general importance to the metropolis that it should be dealt with by a scheme under the Artizanз and Labourers Dwellings Improvement Acts, 1875 to 1882; or

(b.) Where any such official representation as mentioned in section three of the Artizans and Labourers Dwellings Improvement Act, 1875, has been made to the Metropolitan Board of Works in relation to any houses, courts, or alleys within a certain area, and the Metropolitan Board of Works resolve that the case of such houses, courts, or alleys is not of general importance to the metropolis, and should be dealt with under the Artizans Dwellings Acts, 1868 to 1882 :

such local authority or board may submit such resolution to one of Her Majesty's Principal Secretaries of State, and thereupon the Secretary of State may appoint an arbitrator, and direct him to hold a local inquiry, and such arbitrator shall hold such inquiry, and report to the Secretary of State as to whether, having regard to the size of the area, to the number of houses to be dealt with, to the position, structure, and sanitary condition of such houses, and of the neighbourhood thereof, and to the provisions of section three of the Artizans and Labourers Dwellings Improvement Act, 1875, the case is either wholly or partially of any and what importance to the metropolis at large, with power to such arbitrator to report that in the event of the case being dealt with under the Artizans Dwellings Acts, 1868 to 1882, the Metropolitan Board of Works ought to make a contribution in respect of the expense of dealing with the case. The Secretary of State, after considering the report of the arbitrator, may, according as to him seems just, decide that the case shall be dealt with either under the Artizans Dwellings Acts, 1868 to 1882, or under the Artizans and Labourers Dwellings Improvement Acts, 1875 to 1882, and the officer of health or other proper officer shall forthwith make the report or official representation necessary for proceedings in accordance with such decision.

(3.) Where an arbitrator has under the Artizans and Labourers Dwellings Improvement Acts, 1875 to 1882, determined the amount of compensation, an appeal shall not lie to a jury from the decision of such arbitrator without leave of the High Court of Justice, but such court or any judge thereof at

chambers may grant such leave upon application in a summary manner, and upon being satisfied that a failure of justice will take place if the leave is not granted.

Amendment as to Interest on Public Works
Loans.

6. Any loan advanced by the Public Works Loan Commissioners in pursuance of the Labouring Classes Lodging Houses Acts, 1851 to 1867, or of the Artizans Dwellings Acts, 1868 to 1882, or of the Artizans and Labourers Dwellings Improvement Acts, 1875 to 1882, the Artizans and Labourers Dwellings Improvement (Scotland) Act, 1875, and any Acts amending the same, or of any of such Acts, or for labourers dwellings in pursuance of the Public Works Loans Act, 1875, shall bear such rate of interest, not less than three pounds two shillings and sixpence per cent., as the Commissioners of Her Majesty's Treasury may from time to time authorize as being in their opinion sufficient to enable such loans to be made without loss to the Exchequer.

Provided that this section shall cease to be of effect after the thirty-first day of December one thousand eight hundred and eighty-eight.

Amendment of General Sanitary Law, &c.

7. It shall be the duty of every local authority entrusted with the execution of laws relating to public health and local government to put in force from time to time as occasion may arise, the powers with which they are invested, so as to secure the proper sanitary condition of all premises within the area under the control of such authority.

8. Whereas under section ninety of the Public Health Act, 1875, the Local Government Board can declare that section to be in force within the district of a sanitary authority, and after the publication of notice of such declaration such authority is empowered to make byelaws with respect to lodginghouses, and it is expedient to authorize every such authority to make such byelaws without any declaration by the Local Government Board: Be it therefore enacted as follows:

Every sanitary authority shall have power to make byelaws for the matters specified in section ninety of the Public Health Act, 1875.

9. (1.) A tent, van, shed, or similar structure used for human habitation, which is in such a state as to be a nuisance or injurious to health, or which is so overcrowded as to be injurious to the health of the inmates whether or not members of the same family, shall be deemed to be a nuisance within the meaning of section VOL. LXIV.-LAW JOUR. STAT.

ninety-one of the Public Health Act, 1875; and the provisions of that Act shall apply accordingly.

(2.) A sanitary authority may make byelaws for promoting cleanliness in, and the habitable condition of tents, vans, sheds, and similar structures used for human habitation, and for preventing the spread of infectious disease by the persons inhabiting the same, and generally for the prevention of nuisances in connexion with the same.

(3.) Where any person duly authorized by a sanitary authority or by a justice of the peace has reasonable cause to suppose either that there is any contravention of the provisions of this Act or any byelaw made under this Act in any tent, van, shed, or similar structure used for human habitation, or that there is in any such tent, van, shed, or structure any person suffering from a dangerous infectious disorder, he may, on producing (if demanded) either & copy of his authorisation purporting to be certified by the clerk or a member of the sanitary authority or some other sufficient evidence of his being authorized as aforesaid, enter by day such tent, van, shed, or structure, and examine the same and every part thereof in order to ascertain whether in such tent, van, shed, or structure there is any contravention of any such byelaw or a person suffering from a dangerous infectious disorder.

(4.) For the purposes of this section "day" means the period between six o'clock in the morning and the succeeding nine o'clock in the evening.

(5.) If such person is obstructed in the performance of his duty under this section, the person so obstructing shall be liable, on summary conviction, to a fine not exceeding forty shillings.

(6.) This section shall apply to the metropolis, with the substitution of section nineteen of the Sanitary Act, 1866, for section ninetyone of the Public Health Act, 1875, and of nuisance authority, under the Nuisance Removal Acts, for sanitary authority.

(7.) Nothing in this section shall apply to any tent, van, shed, or structure erected or used by any portion of Her Majesty's military or naval forces.

10. (1.) With respect to byelaws authorized by this Act or by the Labouring Classes Lodging Houses Act, 1851, to be made

(a.) sections two hundred and two and two hundred and three of the Metropolis Management Act, 1855, where such byelaws are made by the Metropolitan Board of Works, or any nuisance authority in the metropolis; and

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