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ownership [see Section 10 (2) ] of which could be represented by any sum so low
as £400, nor would the price of land there admit of the erection of houses which
could be sold at the price contemplated by the Act.
The Committee, however, notice that the Act contains no definition of the word
“ house,” and it is suggested that it might be held to include a “ tenement” or
“ flat,” or dwelling approached by a staircase used in common by tenants of other
similar dwellings, and forming part of a block of such dwellings. Attention may
also be drawn to the tenure and ownership of portions of buildings such as the
Albert Hall and Drury Lane Theatre, where boxes are held, and can be disposed of
as freehold. The shares in the London Institution, Finsbury Circus, may also be
cited as an illustration of the same position.
The Local Government Board was applied to for the definition of the word,
but declines to express an opinion.
The meaning of "house" is prima facie a dwelling place ; a meaning which
has been extended under various Acts passed for various purposes. Thus under the
Public Health (London) Act, 1891, it is held to include any building in which
persons are employed. Under the Parliamentary and Municipal Registration Act,
1884, it has been held to include any part of a house where that part is separately
occupied for the purposes of any trade, business or profession, and “ dwelling
house” is defined as including any part of a house where that part is separately
occupied as a dwelling.
But the Small Dwellings Acquisition Act would appear to contemplate a far
narrower meaning of the word “ house ” ; the magnitude of the interest required
by the borrower; the stringency of the conditions, especially those relating to the
sanitary condition and repair of the house and its compulsory insurance; and the
nature of the remedies furnished to the Local Authority for enforcing compliance
with the statutory conditions would all seem to indicate, as indeed the title to the
Act asserts, that the Act is intended to apply only to small houses each standing
within its own curtilage, such as are inhabited by persons of the artizan class, and
in which they can and do acquire a beneficial interest to the extent required by
the Act.
Counsel will please advise the above-named Vestry:—
(1) What in his opinion is the definition of the word “ house ” used in
the above-mentioned Act.
(2) Whether it can be taken to include a “tenement” or “flat” of
dwelling approached by a staircase used in common by tenants of
other similar dwellings, and forming part of a block of such
dwellings, so that the Local Authority, if all the other statutory
conditions were observed, may make an advance of money thereon.
OPINION.
It seems to me that the Legislature in using the term “ house ” throughout
the Small Dwellings Acquisition Act, 1899, have properly used a word which is
capable of wide significance, and have carefully refrained from placing any limitation
upon the meaning of such word by means of a definition. A “ house,” then,