together with notice of his or their alleged liability, and shall appoint a time and place for hearing the parties so alleged to be liable, and give notice thereof to the said parties and also to the owner of the premises, and the local authority shall make such order thereupon as to them shall seem just, and the same shall be subject to appeal in manner aforesaid. clerk of Within three calendar months after the service on the owner Owner to of the order by the clerk of the local authority, or, in case of signify to appeal, within one calendar month after the order of Quarter local authoSessions, or, in the event of a further appeal, within one calendar rity whether month after the order of the Court of final appeal, the persons he is willing so served with the order of the local authority shall each of to execute them signify in writing to the clerk of the local authority whether specified he is willing to effect the works required to be executed; and 31 & 32 Vict. where two or more persons shall so signify, the right of effecting c. 130, s. 14. the works shall be given first to the person whose ownership is first or earliest in title. works. The local authority may appear before any judge, justices, or Appearance borough magistrates, by their clerk, and any company or body of local corporate may appear before the said magistrate or magistrates 1b. s. 37. by any member of their Board of Management. authority. Ib. s. 41. Any act, power, or jurisdiction hereby authorized to be done Jurisdiction of or exercised by two justices may be done or exercised by the certain following magistrates within their respective jurisdictions; that magistrates. is to say: As to England, by any metropolitan police magistrate or other stipendiary magistrate sitting alone at a police court or other appointed place, or by the Lord Mayor of the City of London, or any alderman of the said city, sitting alone or with others, at the Mansion House or Guildhall. $7. SERVICE OF NOTICES ON OWNERS. name and Where the owner of the premises and his residence or place Service of of business are known to the local authority, it shall be the notice on duty of the clerk of the local authority, if the owner be residing owner whose or have a place of business within the district of such local residence are authority, to give any notice by the Act required to be served known. on him to the owner, or for him, to some inmate of his place of Ib. s. 15. residence or business within the place; and if he be not residing within such district, or has no place of business therein, then to send the notice by post in a registered letter addressed to the owner at his place of residence or business; provided that the notice served upon the agent of the owner shall be deemed notice to the owner. Where the owner of the premises or his residence or place of Service of business is not known to, or after diligent inquiry cannot be notice on found by, the local authority, then the clerk of the local authority owner whose may serve the notice by leaving it, addressed to the owner, with residence is some occupier of the premises, or if there be not an occupier, not known. name or Ib. s. 16. Notices to be signed by the c. 130, s. 17. Local autho execute works then by causing it to be put up on some conspicuous part of the premises. Every notice required to be given by the clerk of the local authority by the Act shall be in writing or print, or partly in writing and partly in print, and shall be signed by the clerk of the local authority or deputy appointed by him. § 8. EXECUTION OF WORKS. : The owner on whom the local authority shall have imposed rity to require in the first instance the duty of executing the work shall, within owners to two calendar months thereafter, commence the works as shown on the plan and described in the specification, and shall diligently proceed with and complete the same in conformity with the specification to the satisfaction of the surveyor or engineer appointed by the local authority and if such owner shall fail therein, the local authority shall require the owner next in order as aforesaid to execute the said works, and in case of his default shall require the remaining owners in their order as Proceedings of aforesaid; and if all such owners shall make default, the local local authoauthority shall, as the case may seem to them to require, either order the premises to be shut up or to be demolished, or may themselves execute the required works in conformity with the specification. rity in case owners neglect. Ib. Provision in case local authority themselves execute the works. Ib. s. 19. How when demolition of premises required. Ib. s. 20. Where the local authority themselves execute the works, they may apply to the Court of Quarter Sessions having jurisdiction over the place of which they are the local authority for an order charging on the premises on which the works have been executed the amount of all costs, charges, and expenses that have been incurred by such authority, in or about the execution of such works, including the costs of obtaining the order; and the Court of Quarter Sessions, when satisfied of the amount so expended, shall make an order accordingly charging on the premises the amount of such costs, charges, and expenses, together with interest at the rate of £4 per cent. per annum, and such order shall be filed and recorded in manner hereinafter mentioned, and thereupon the amount of principal and interest thereby secured shall be a charge on the house, bearing interest at £4 per centum, and having priority over all other estates, incumbrances, and interests whatsoever, and the local authority shall, for the purpose of obtaining satisfaction of the moneys so charged, or of any interest thereon, be deemed to be a mortgagee of an absolute estate in the house, and shall be invested with all the powers conferred on mortgagees by Part II. of the 23 & 24 Vict. c. 145. § 9. DEMOLITION OF PREMISES. If the requirements of the order involve the total demolition and not the improvement of the premises specified therein, the owner shall, within three months after service of the order, proceed to take down and remove the premises; and if such owner fail therein, then the local authority shall proceed to take down and remove the same; and the local authority shall sell the materials, and after deducting the expenses incident to such taking down and removal, pay over the balance of moneys, if any, to the owner. may take If the order be that the premises require improvement, the Owner instead owner, including therein the owner of the first estate of in- of effecting heritance, if he think fit, may, instead of effecting the works improvements required by the plan and specification, take down the premises; down prebut in every such case, and also in the event of the owner mises. desiring to retain the site of the premises required by the order 31 & 32 Vict. to be totally demolished, no house or other building or erection c. 130, s. 23. shall be erected on all or any part of the site of the premises so taken down which shall be injurious to health; and the local authority may at any time make an order upon the owner to abate or alter the said house, building, or erection, as the case may require; and in the event of non-compliance with such order, the local authority may, at the expense of the owner thereof abate or alter any house or other building or erection at any time wholly or partly erected contrary to the provisions of this section. § 10. DETERMINATION OF TENANCIES. Where at the time of making the order the premises specified Determination therein, or any part thereof, are or is subject to any tenancy of tenancies. from year to year, or for a year or for any less term, the local Ib. s. 21. authority shall give notice to every such tenant, stating the time at which such tenancy will be determined. not to be Provided always, that nothing in the Act contained shall Remedies of prejudice or interfere with the rights or remedies of any owner owner for for the breach, non-observance, or non-performance of any breach of covenant or contract entered into by a tenant or lessee in refer- covenant, etc., ence to any premises in respect of which any order shall be prejudiced. made by a local authority; and if any owner shall be obliged Ib. s. 22. to take possession of any premises in order to comply with any order made under the provisions of the Act, such entry or taking possession shall not affect his right to avail himself of any such breach, non-observance, or non-performance that may have occurred prior to his so taking possession. $11. APPLICATION TO JUSTICES. When there are two or more owners of any premises, and it appears to any two justices in Petty Sessions, on application of any owner of such premises, that the interest of the applicant in the premises will be prejudiced by the neglect and default of any other owner to deal with the premises in conformity with the order so made, it shall be lawful for such justices, if the Application to justices where more than one owner of premises included in applicant undertake to their satisfaction to bring the premises into conformity with such order, to make an order empowering the applicant forthwith to take possession of the premises, and to do all such works as may be necessary for bringing the same into conformity with such order, and within such time as shall be fixed by such justices, and on non-compliance by such lastorder, and any mentioned applicant with his undertaking it shall be lawful for the justices to make a like order in favour of any other owner. one owner neglects to c. 130, s. 24. owner on works. Ib. s. 25. $12. CHARGING ORDER ON PREMISES. Where any owner has completed any works required to be executed by a local authority in pursuance of the Act, he may on the completion thereof apply to the local authority for a completion of charging order charging on the premises on which the works have been executed an annuity as compensation to the owner for the expenditure incurred by him in executing such works, and shall produce to the local authority the certificate of their surveyor or engineer that the works have been executed to his satisfaction, and also the accounts and vouchers for such works, and the local authority, when satisfied that the owner has duly executed such works, shall make a charging order accordingly. Ib. Ib. The annuity charged shall be a sum of £6 for every £100 of such expenditure, and so in proportion for any less sum, to commence from the date of the order, and to be payable for a term of thirty years to the owner named in such order, his executors, administrators, or assigns. Charging orders made under the Act shall be made according to the following form, or as near thereto as the circumstances of the case will admit. County of No. The Artizans' and Labourers' Dwellings Act, 1868, Charging Order. The [insert description of local authority] being the local authority under the above-mentioned Act, do by this order under their hands and seal, charge the inheritance or fee of the premises mentioned in the schedule hereto with the payment to of the sum of pounds, payable yearly on the for the term of sideration of an expenditure of respect of the said premises. SCHEDULE. day of years, and being in conpounds incurred by him in Ib. s. 15. [Insert description of premises charged.] The costs of obtaining the order to be allowed by the local authority shall be deemed to be part of the expenditure incurred by the owner. c. 130, s. 26. Every annuity created by a charging order under the Act Incidence of shall be a charge on the premises comprised in the order charge. having priority over all existing and future estates, interests, 31 & 32 Vict. and incumbrances, with the exception of quitrents and other charges incident to tenure, tithe commutation rent-charges, and any charges created under any Act authorizing advances of public money; and when more annuities than one are chargeable under the Act on any premises, such annuities shall, as between themselves, take order according to their respective dates. Every annuity charged on any premises by a charging order Charges under the Act may be recovered by the persons for the time recoverable being entitled to the same by the same means and in the like as rentmanner in all respects as if it were a rent-charge granted by lieu of tithes. charges in deed out of the premises by the owner thereof. Ib. s. 27. with Act. An order made in pursuance of the Act charging an annuity Order to be on any premises shall be, both at law and in equity, conclusive evidence of evidence that all notices, acts, and proceedings by the Act compliance directed with reference to or consequent on the obtaining such Ib. s. 28. order, or the making such charge, have been duly served, done, and taken, and that such charge has been duly created, and that it is a valid charge on the premises declared to be subject thereto. Every charging order made in pursuance of the Act relating Registry of to premises in Middlesex or Yorkshire shall be registered in charging order the same manner respectively as if such charge were made by on premises in Middlesex deed by the absolute owner of such lands without the aid of and Yorkthe Act; and a copy of every such charging order of the certi- shire. ficate of such surveyor or engineer as aforesaid, together with a Ib. s. 29. copy of the accounts as passed by the local authority, and which copies shall be certified to be true copies by the clerk of such local authority, shall, within six months after the date of such charging order, be deposited with the clerk of the peace of the county in which the premises are situate, who shall be entitled to a fee of 10s. for filing and recording the same. The proprietor of any charge may, by deed under seal, Assignment stamped with the same ad valorem stamp as if it were an assign- of charge. ment of a charge created by deed, assign the benefit of the lb. s. 30. charging order, or of any portion of the charge comprised therein, to any other person: and on such assignment being executed the assignee shall have the same rights under the order as the proprietor would have had if no such assignment had been executed; and any assignee of a charging order may, by deed stamped in manner aforesaid, assign the charge to any other person. Any assignment of a charging order may be in the following form, or in any other convenient form :— |