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3rd. That the house or premises are unfit, and not reasonably capable
of being made fit, for human habitation ; and, if the arbitrator is
satisfied by such evidence, then the compensation—
(а) Shall in the first case, so far as it is based on rental, be based on
the rental which would have been obtainable if the house or
premises were occupied for legal purposes, and only by the
number of persons whom the house or premises were, under
all the circumstances of the case, fitted to accommodate
without such overcrowding as is dangerous or injurious to
the health of the inmates ; and
(б) Shall in the second case be the amount estimated as the value of
the house.or premises if the nuisance had been abated, or if
they had been put into a sanitary condition, or into reasonably
good repair, after deducting the estimated expense of abating
the nuisance, or putting them into such condition or repair as
the case may be ; and
(c) Shall in the third case be the value of the land, and of the
materials of the buildings thereon, that is, the value of the
materials in situ. In many cases this would be nil, the value
of the materials scarcely exceeding the cost of breaking and
carting.
expenses.
Section 24.—(II The receipts of a local authority under this part of this Act
shall form a fund (in this Act referred to as" The Dwelling-house
Improvement Fund),"and their expenditure shall be defrayed out of
such Fund.
(2) The moneys required in the first instance to establish such fund, and
any deficiency for the purposes of this part of this Act from time to time
appearing in such fund by reason of the excess of expenditure over
receipts, shall be supplied out of the local rates or out of moneys
borrowed in pursuance of this Act.
(3) In settling any accounts of the local authority in respect of any transactions
under this part of this Act, care shall be laken that, as far as may
be practicable, all expenditure shall ultimately be defrayed out of the
property dealt with under this part of this Act, and any balances of
profit made by the local authority under this part of this Act shall be
applicable to any purposes to which the local rate is for the time
being applicable.
(4) Any limit imposed on or in respect of local rates by any other Act of
Parliament shall not apply to any rate required to be levied for the
purpose of defraying any expenses under this part of this Act.
(5) The local authority may carry to the account of the Dwelling-house
Improvement Fund any such money or produce of any property as is
legally applicable to purposes similar to the purposes of this part of