The arbitrator may be appointed by the Local Government Board if so requested by the local authority. [Schedule 1.]

Rehousing persons displaced. The expenses and income of a scheme under this part of the Act must be carried to a 'Dwelling House Improvement Fund," and the necessary loans may be raised in the ordinary manner. [Secs. 24 and 25.]

Accommodation must be provided as follows :

(a) In London, either for the whole or not less than half of the population displaced, to the satisfaction of the Home Secretary, unless it can be shown that within the immediate vicinity the required accommodation has been, or is to be otherwise provided;

(b) In any other urban district such accommodation (if any) as determined by the Local Government Board.

The local authority must obtain the consent of the confirming authority to undertake the re-building of houses upon areas under Part I and Part II, and also to retain them for longer than ten years.

PART II.-HOW TO DEAL WITH SMALL SLUMS.

Part II provides for—

(1) The inspection of every sanitary district from time to time, with a view to ascertain whether there are any houses unfit for human habitation [sec. 32].

(2) The closing and demolition of such houses whether occupied or not [secs. 30 and 37].

(3) The removal of obstructive buildings [sec. 38].

(4) The reconstruction of small unhealthy areas [secs. 30 and 40]. It applies to all urban and rural sanitary authorities, but those in London and rural districts must communicate all steps taken to the county council. [Secs. 92 and 93. Schedule I.]

Procedure. The medical officer of health or any four ratepayers may inform the local authority of any building which they consider—

(a) So dangerous or injurious to health as to be unfit for human habitation.
(b) Which stops ventilation or otherwise conduces to make other buildings
injurious to health.

(c) Which prevents proper measures from being carried into effect for remedy-
ing any nuisance injurious to health [secs. 31, 38, and 39].

Unhealthy Houses. If the medical officer so reports, the local authority may in the case of an unhealthy house proceed to obtain a closing order at the petty sessions, and may, if the circumstances require it, order the demolition of the building. [Sec. 33.]

Closing Order-Procedure [sec. 32, P. H.A., 1875].-The council

must

(1) Give notice to the owner or occupier to put the house in a sanitary condition.

(2) In default, summons the owner or occupier before magistrates, who may make a closing order and inflict a penalty.

(3) The order prohibits occupation until another order has been made enabling the owner to reopen them. [P.H. Act, 1875, sec. 97, and schedule IV. Form C.]

Local authorities may obtain orders

1. To close an unhealthy house.

2. To demolish an unhealthy house.

3. To render it fit for human habitation by carrying out the necessary works [secs. 33 (3) and (4)].

4. To abate under sec. 34 (2).

5. Granting a charge [sec. 36 (1)].

6. Pulling down of obstructive buildings [sec. 38 (3)].

7. To abate under sec. 38 (10).

Demolition Procedure.-In cases where no repairs can render the house habitable—

(1) A resolution shall be passed "that it is expedient to order the demolition of the building."

(2) Notice shall be served on owner to attend and state his objections to the demolition at a meeting not less than a month after the service of the notice.

(3) The authority may then decide that the house shall be demolished, unless the owner undertakes forthwith to make the house fit for human habitation. The authority must order the demolition of the building if the works are not completed within a reasonable time, as fixed by the previous order of the local authority. Appeal can be made, however, to quarter sessions.

In the execution of the order

(1) The owner must take down building within three months.
(2) In default the local authority must do so and sell the materials.
(3) Where the owner does the work he may be granted an annuity
for 30 years, at the rate of 6 per cent. on outlay, chargeable
on the income from the property.

In London, during the years 1892 to 1898, representations were made with regard to 2,436 houses, which were dealt with as follows:Closed by owners without further proceedings - 236

During the year ended 31st March, 1899, which may be taken as a typical year, it appeared that 70 town councils, 102 urban district councils, and 163 rural district councils had proceeded under Part II of the Act, and in nearly all cases in connection with buildings unfit for human habitation, only three authorities reported proceedings relative to obstructive buildings, and one a scheme for reconstruction. The action taken was as follows:

- 3631

- 3540

- 292

Representations made during the year
Proceedings taken by local authorities
Houses voluntarily demolished by owners
Houses made fit for habitation

Houses closed by order of justices

Houses demolished by order of local authorities

From the extremely small number of houses actually demolished, it will be readily recognised that the legal procedure throws great difficulties in the way of local authorities desiring to demolish houses unfit for habitation. Petty sessions courts are often far too lenient in such cases.

Obstructive Buildings.-In the case of any building which by its position makes other buildings injurious to health, the local authority, after receiving a report as to the circumstances and the cost of pulling down the building, may, after hearing the owner's objections, make an order directing that such building shall be pulled down.

They may purchase the site, or part of it, without obtaining a provisional order, and may levy an improvement rate on the other buildings which have been improved in value by the removal of the obstructive building. The owner is entitled to retain the site if he wishes to do.

Back-to-back houses are the commonest form of obstructive buildings. They cause stagnation of the air within the dwelling, and therefore stop ventilation. A much approved scheme for remodelling them has been put forward by Dr. Tatham, as follows:

(1) Remove one row.

(2) Remove every third pair.

(3) Convert half into double houses with through ventilation.
(4) Remove any alternate pair on one side of a back street.

Small Improvement Scheme.-A scheme on the lines indicated in Part I may be passed by the local authority for reconstructing any area containing buildings such as those above mentioned, and must make the required provision for the accommodation of persons of the working classes displaced by the scheme, and allowance may be made to the tenants for reasonable expenses of removal. [Secs. 39 and 40.] The Local Government Board will decide as to which part of the Act proceedings should be taken under.

1

There are two cases for an improvement scheme

(1) The existence within the area of houses closed by closing order. (2) Whether houses are closed or not, the council can proceed under sec. 39 (1) (b).

The procedure might be as follows

(1) The local authority must first consider whether the reconstruction of the area is necessary;

(2) Next, whether it should be dealt with under Part I or Part II. This can be settled as follows:

(a) In rural districts all such schemes must be made under Part II.

(b) In urban districts and boroughs outside London, entirely a matter for discretion of local authority, but certainly areas with less than ten houses ought to be dealt with under Part II, sec. 39.

(c) London borough councils must proceed under Part II, but the county council may proceed either under Part I or Part II.

(3) In cases of doubt, where the authority has an option, the following considerations would weigh in settling the procedure:

:

(a) Whether proceeding under Part I or Part II the expenses are borne by the

same rate.

(b) In favour of Part I it may be noted—

Procedure prior to assessment of land, and the subsequent conveyance, could be carried out more cheaply under Part I (Lands Clauses Acts are replaced in part by secs. 21, 22, and Schedule II); Additions and improvements made by owners after the scheme has been advertised are not to be paid for.

(c) Against Part I—

More advertisements are required;

Many more statements and other particulars must be prepared for
Parliament to comply with standing order;

Scheme must be confirmed by Parliament;

Can only be initiated in September, October, or November.

(d) In favour of Part II—

The scheme need not come before Parliament at all if agreements can be come to with the owners;

It can be carried out at any time of the year;

It has a Betterment Clause [41 (2) (b)].

(e) Against Part II

The procedure does not lend itself well for dealing with opposition in
Parliament;

The procedure to take land is that of the Lands Clauses Acts, which,
however, may be incorporated by Local Government Board, and
are somewhat modified by sec. 41 and sec. 38, sub-secs. (7),
(8), (9).

With reference to the compulsory taking of land under Part II, it may be noted—

I. Notice to treat should be served, under sec. 18, upon all parties having interests in the properties, except owners of easements. The notice should contain particulars as to land required, and should request the owner to give particulars as to his claim.

(2) If unable to agree, either party may apply to the Local
Government Board to appoint an arbitrator to settle any one
of the following cases—

Demolition of obstructive building, sec. 38, sub-secs. 4, 6, 7;
Land taken under a scheme, sec. 39;

Destruction of easements and like injuries, sec. 39, sub-sec. 8.
(3) Under secs. 32-37, Lands Clauses Act, the arbitrator is em-
powered to call for documents, and to examine witnesses
on oath. He must make a declaration before justices,
which must be appended to his award. His award must be
sent to the local authority in writing, and the latter must
send a copy to the other party, and leave it open to inspection.

PART III-HOW TO GET MORE WORKMEN'S DWELLINGS.

This is the most important part of the Act, because it enables local authorities to build houses for the working classes whenever they think fit to do so. Except in rural districts, there is no provision whatever limiting the power of the local authority; no certificate or other formal proof of deficient house accommodation is requisite; no insanitary property need be closed or demolished. The local authority can decide to build at any time and for any reason which may seem good to them.

It may be adopted by the London County Council and all urban sanitary authorities outside London, but rural sanitary authorities may only adopt it after local inquiry by the county council of the district. [Secs. 54 and 55 and sched. I Act of 1890; also secs. 2 and 7 Act of 1900.]

Adoption of Part III.—It can only be put in force by those authorities which have adopted it by a resolution in some such terms as the following, Resolved :

:

That Part III of the Housing of the Working Classes Act, 1890 (53 and 54
Vic. cap. 70), be and the same is adopted by the town (or district)
council of the borough (or urban or rural district) of.......
urban (or rural) sanitary for the borough (or district).

....as the

How to get Land.-Land can be purchased compulsorily if necessary, as provided in the Lands Clauses Consolidation Act, 1845, and no lease, settlement, entail or other private arrangement can debar a local authority from acquiring it.

By sec. 7 of the Housing Act of 1900, land can be acquired for the purposes of this Act either inside or outside the district. The price is to be the "fair market value," with an allowance (generally 10 per cent.)