View report page

136
It must be remembered that the powers under the
Housing, Town Planning, &c., Act, 1909, are wider than
those under the Housing of the Working Classes Act, 1890,
and deal with empty houses as well as with occupied
houses; whilst Closing Orders under the former Act are
made by the Borough Council, whereas under the latter Act
such Closing Orders could only be made by a Magistrate,
after taking evidence, in the usual way, in the Court.
The important point has been raised again as to
whether or not a condemned dwelling house can be converted
to other uses after condemnation, e.g., for a store. The
general interpretation placed upon Section 18 (2) of the
Housing, Town Planning, &c., Act, 1909, is that demolition
must follow condemnation of a dwelling house, unless such
dwelling house be put into proper order and condition, i.e.,
rendered habitable as a dwelling house. The Scottish Law
Officers of the Crown hold the following opinion (vide Local
Government Board for Scotland Annual Report, 1912), and
this may be quoted for reference:—
"We are of opinion if the owner of a building which
has been occupied as a dwelling house undertakes that
it shall no longer be so occupied, but shall be put to a
different use, e.g., a store, then a demolition order
under Section 18 (2) of the Housing, Town Planning,
&c., Act, 1909, ought not to be pronounced. If, however,
the building, although not occupied as a dwelling
house, is in such a condition as to be a nuisance, or
dangerous to the health of the public or of the neighbours,
then a demolition order must be pronounced, even
although there is no intention to use it as a dwelling
house. This appears to us to be the correct interpretation
of the Act, which in Section 18 (1), and in
the former of the two alternatives to which Section 18