Definitions of "resident," "ownership," "proprietor."

10.-(1) A person shall not be deemed for the purposes of this Act to be resident in a house unless he is both the occupier of and resident in that house.

(2) For the purposes of this Act "ownership" shall be such interest or combination of interests in a house as, together with the interest of the purchaser of the ownersnip, will constitute either a fee simple in possession or a leasehold interest in possession of at least sixty years unexpired at the date of the purchase.

(3) Where the ownership of a house is acquired by means of an advance under this Act, the purchaser of the ownership, or, in the case of any devolution or transfer, the person in whom the interest of the purchaser is for the time being vested, shall be the proprietor of the house for the purposes of this Act.

General modifications as regards Scotland.

11. This Act shall apply to Scotland with the following modifications:

(1) The Secretary for Scotland shall be substituted for the Local Government Board:

(2) The expression "the terms of Whitsunday and Martinmas, Lammas and Candlemas," shall be substituted for the expression "the usual quarter days":

(3) The expression "ownership" shall include a leasehold interest of at least sixty years unexpired at the date of the purchase:

(4) Where a local authority take possession of a house under the provisions of of this Act, a certificate by the clerk of the local authority, in the form contained in Schedule A annexed to this Act, setting forth that fact and the grounds on which possession has been so taken, shall be registered in the register of sasines, and when so registered shall, without any other instrument, vest the ownership absolutely and irredeemably, subject to any prior burden, in the local authority; and the sheriff of the county in which the house is situated may, upon production of such certificate so registered, grant warrant for summarily ejecting the proprietor of the house and all tenants or occupants thereof:

(5) Where a local authority take possession of a house under the provisions of this Act, the value of the interest in the house at the disposal of the local authority shall in the absence of a sale and in default of agreement be settled summarily by the sheriff, whose decision shall be final, and the amount which shall be determined to be due to the proprietor shall in the event of his death after possession has been so taken by the local authority be deemed to be moveable property.

(6) Where the principal and interest of an advance under this Act have been fully paid, the certificate of the clerk of the local authority to that effect, in one of the forms contained in Schedule B annexed to this Act, when registered in the register of sasines shall be equivalent to the registration of a discharge of the bond or other security granted for the advance : (7) Sub-section 5 of section 3 shall be read as if for the words "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 125 of the Bankruptcy Act, 1883," there were inserted the words "in the case of the sequestration of the estate of the proprietor or deceased proprietor of the house.'

Sub-section 3 of section 7 shall be read as if for the words "where "the proprietor of any such house becomes bankrupt or his estate is "administered in bankruptcy under section 125 of the Bankruptcy Act, "1883," there were substituted the words where the estate of the "proprietor or deceased proprietor of any such house is sequestrated."

(8) The reference to the Arbitration Act, 1889, shall not apply:

In lieu of sub-section (e) of section 2 of this Act, it is enacted that :— Before making an advance under this Act in respect of a house, a local authority in Scotland shall be satisfied that the repayment to the local authority is secured by a bond and disposition in security or other security under

which the house shall be held to vest in the local authority in the case of the breach of any of the statutory conditions. The said bond or other security shall refer to this Act and shall be subject to the provisions of section 4 sub-section (1), but the personal liability thereunder shall be transferred to the transferee.

(9) Sub-section 5 of section 5, sub-sections I to 6 inclusive of section 9, and sub-sections 2 and 3 of section 10 of this Act shall not apply.

Local authorities and rates in Scotland.

12. In Scotland—

(1) The local authority for the purpose of this Act shall be

(a) in counties including the burghs (as defined in the Burgh Police (Scotland) Act, 1892) situated therein and having a population of less than seven thousand according to the census last taken—the county council :

Provided that in section 8 of the Local Government (Scotland) Act, 1889, the expression " purposes hereinafter mentioned" shall be deemed to include the purposes of this Act.

(b) in other burghs-the town council or commissioners of the burgh : (2) All expenses of a local authority in the execution of this Act shall be paid(a) in the case of county councils out of the general purposes rate: Provided

that the proportion of such expenses corresponding to the valuation of the burghs, for the purposes of this Act included as aforesaid, within which burghs such general purposes rate is not levied shall be paid to the county council in compliance with a requisition to that effect to be sent to the town council or commissioners of each burgh annually, and not later than the month of October in each year, and to be paid out of a rate levied in the like manner and with the like powers as the public health general assessment of the burgh on or before the fifteenth day of January next ensuing:

(b) in the case of town councils and commissioners of other burghs, out of a rate levied in the like manner and with the like powers as the public health general assessment of the burgh. The ratepayers within the last-mentioned burghs shall not be assessed for any expenses incurred by a county council in the execution of this Act.

(3) If in any local financial year the expenses payable by a local authority and not reimbursed by the receipts under this Act exceed a sum equal to, in the case of counties one half-penny, and in the case of burghs separately assessed under this Act one penny, in the pound upon the rateable value of all lands and heritages within the area of the local authority for the purposes of this Act, no further advances under this Act shall be made by that local authority until the expiration of five years after the end of that financial year, or if the expenses at that date exceed one halfpenny in counties, including the burghs situated therein and having a population of less than seven thousand as aforesaid, or one penny in the pound in burghs separately assessed under this Act, until they fall below that sum :

(4) A local authority may borrow for the purposes of this Act in like manner as they may borrow in the case of a county council for the purpose of the Local Government (Scotland) Act, 1889, and in the case of a town council or the commissioners of a burgh for the purposes of section 141 of the Public Health (Scotland) Act, 1897, and these Acts shall apply accordingly with the necessary modifications.

Preparation of titles, etc. in Scotland.

13. In Scotland the local authority shall cause to be prepared and duly registered all deeds, writs, and instruments necessary for completing or transferring the title of the purchaser of a house under this Act, and for securing the payment of the principal and interest of any advance, and shall include as part of the advance the cost so incurred or to be incurred according to scales set forth in tables fixed by the local authority, with the approval of the Secretary for Scotland:

Provided that

(1) The local authority, if they think fit, may appoint a person duly qualified to carry out the provisions of this section, and shall assign to him such salary or remuneration as they may determine;

and (2) The local authority shall not be liable for any expenses incurred by a purchaser of a house under this Act for legal or other advice or assistance rendered to him on his own employment.

Application of Act to Ireland.

14. This Act shall apply to Ireland with the following modifications(1) The Commissioners of Public Works in Ireland shall be substituted for the Public Works Loan Commissioners:

(2) So much as relates to civil-bill ejectments in sections 52 to 73 of the Landlord and Tenant (Ireland) Act, 1860, shall be substituted for sections 138 to 145 of the County Courts Act, 1888, and sections 84 to 89 of the said Act of 1860 shall be substituted for the Small Tenements Recovery Act, 1888: (3) Any reference to section 125 of the Bankruptcy Act, 1883, shall not apply: (4) So much of sub-section 3 of section 7 as relates to a transfer of ownership or interest by personal representatives, shall not apply save where the title to such ownership or interest devolves on the personal representatives of the proprietor:

(5) Sections 6 to 20 of the Common Law Procedure Amendment Act (Ireland), 1856, shall be substituted for the Arbitration Act, 1889:

(6) In section 9 the words "five thousand" shall be substituted for the words 66 ten thousand":

(7) The Public Health (Ireland) Acts, 1878 to 1896, shall be substituted for the Public Health Acts, and in particular section 238 of the Public Health (Ireland) Act, 1878, shall be substituted for section 234 of the Public Health Act, 1875:

(8) A local authority may borrow for the purposes of this Act in like manner as they may borrow in the case of a county council under the Order in Council under section 104 of the Local Government (Ireland) Act, 1898, and in the case of the council of an urban district for the purposes of the Public Health (Ireland) Act, 1878:

(9) Article 22 of the said Order in Council shall be substituted for section 69 of the Local Government Act, 1888:

(10) The Public Works (Ireland) Acts, 1831 to 1886, shall be substituted for the Public Works Loans Act, 1875:

(11) The Local Government Board for Ireland shall be substituted for the Local Government Board:

(12) An advance shall not be made under this Act for the purchase of a house acquired under the Labourers (Ireland) Acts, 1883 to 1896, and held by a district council under those Acts.

Registration of title in Ireland.

15. (1) Where a local authority make an advance under this Act in Ireland they shall cause the title to the premises in respect of which the advance is made to be registered under the Local Registration of Title (Ireland) Act, 1891, and shall pay the cost of first registration out of the advance.

(2) Rules under that Act

(a) shall adapt that Act to the registration of ownerships under this Act, and provide for the easy transfer of such ownerships;

(b) shall provide for the registration (if required) of a person as the proprietor under this Act with such a possessory or qualified title as is provided under the Land Transfer Acts, 1875 and 1897;

and (c) shall provide that the fees payable to the Local Registration of Title Office in respect of either first registration of, or any subsequent dealing with, such premises shall not exceed ten shillings.

(3) The person appearing on the register for the time being as proprietor shall alone be the proprietor for the purposes of this Act.

16. This Act may be cited as the Small Dwellings Acquisition Act, 1899.

SCHEDULES.

SCHEDULE A.

Section II.

I, A.B., clerk of the local authority of

with reference to bond and disposition in security [or other security] dated [insert date], and recorded in the General Register of Sasines for the county of [or as the case may be], on the

day of

for £ granted by C.D. [name and designation] over the house [shortly describe same], do hereby certify that said local authority has taken possession of said house in respect [here set forth the grounds on which possession has been so taken], and I grant this certificate in terms of the Small Dwellings Acquisition Act, 1899.

Dated at

this

day of

(Signed) A.B.

SCHEDULE B.

Section II.

No. 1.

I, A.B., clerk of the local authority of

with reference to bond and disposition in security [or other security] dated [insert date], and recorded in the General Register of Sasines for the county of [or as the case may be], on the

day of

for £ granted by C.D. [name and designation] over the house [shortly describe same], do hereby certify that the principal and interest secured by said bond and disposition in security (or other security) have been fully paid, and I grant this certificate in terms of the Small Dwellings Acquisition Act, 1889.

the within (or above) written bond dated [insert date], and recorded in the General Register of Sasines for the county of [or as the case may be], for £

on the

day of

granted by C.D. [name and designation], do hereby certify that the principal and interest secured by said bond and disposition in security (or other security) have been fully paid, and I grant this certificate in terms of the Small Dwellings Acquisition Act, 1899.

Dated at

this

day of

(Signed) A.B.

THE PUBLIC HEALTH ACTS.

The principal Acts relating to the proper sanitation of dwelling houses are the Public Health Act, 1875, and the Public Health (Amendment) Act, 1890 (which apply to all districts in England and Wales, exclusive of the Metropolis), the Public Health (London) Act, 1891, and the Public Health (Scotland) Act, 1897.

They provide for the proper construction, maintenance, and cleaning of roads and sewers giving access to dwelling houses; the abatement of nuisances in or near dwelling houses; the regulation of common lodging houses and houses let in lodgings; and the framing of byelaws for these and other purposes, especially in connection with the erection of new buildings.

The numbers of sections hereafter given refer to the Public Health Act, 1875, but for convenience of reference the chief corresponding sections in the London and Scotland Health Acts are here added, so far as they relate to dwelling houses :—