View report page

2
the necessary proceedings. Under clause 82 the Board is required
to take action before a Magistrate, on the Medical Officer's report,
for the purpose of causing the said dwelling house to be closed.
The Magistrate may impose a penalty not exceeding £20 on the
owner, who, however, may appeal against the order for closure or
the payment of a penalty. When the order is made and not
appealed against, seven days' notice has to be served on the
occupiers, requiring them to leave the premises, under a penalty not
exceeding 20s. a day for default; but the Magistrate may award a
reasonable allowance to the occupiers which must be paid by the
Board, and afterwards recovered from the owner as a civil debt.
By clause 88, if the order has not been carried out in a reasonable
time, and if the Board should be of opinion that the continuance of
the dwelling house is dangerous to health, they may pass a resolution
ordering it to be demolished, and serve at least a month's
notice on the owner, specifying the time and place appointed for the
consideration of such notice, to enable him to state his objections to
the demolition. If the Board then resolve that the house should be
demolished, and the owner should neglect to render the house fit
for human habitation, the Board can order the demolition. If
the owner undertakes to execute the works, but does not do so
within the time specified in the order, the Board is required to
order the demolition. By section 84, if the order for demolition be
not carried out within three months after the service of the order,
the Board may pull it down and sell the material, paying
to the owner any balance after payment of expenses. By clause 35,
any person aggrieved by the order may appeal to Quarter Sessions,
and no work shall be done until the appeal is determined or ceases
to be prosecuted. Notice of appeal must be given within one
month after the order. If, however, the Board should require works
to be done, the owner may apply for a charging order for the costs
of the works, to be defrayed as an annuity out of the rent. The
annuity is chargeable for 80 years at the rate of six per cent, on the
amount spent. The charge so made may be assigned as a rentcharge,
and shall have priority over all other charges except quit
rent, tithes, &c. Charging orders in Middlesex are to be registered.