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145
reports, and without having given him an opportunity of being heard by the
members of the Board who were going to determine the appeal.
Upon an application by the owner for a certiorari to quash the order,
Held, that it was competent for the Board to determine the question before
them as to whether or not the closing order should be confirmed or discharged
solely upon the report of the inspector and upon the perusal of written
statements by the parties without hearing the applicant and without
previously giving him an opportunity of seeing the inspector's report. The
Act of 1909 had introduced a change in the procedure by transferring the
jurisdiction, both as regarded original applications and as regarded appeals,
from the Courts of Justice to the local authority and to the Local Government
Board respectively, both of which were administrative bodies and
therefore, although the Board was bound to act judicially, so long as it
followed it usual procedure it was not bound either to disclose the report of
its inspector or to hear the owner ora.lv.
Decision of Court of Appeal (Hamilton, L.J. dissenting) (1914), 1 K.B.
160 ; 11 L.G.R. 1186 ; 83 L.J.K.B. 86, reversed and that of Divisional Court
(1913), 1 K.B. 463 ; 11 L.G.R. 242 ; Si L.J.K.Li. 313, restored.
Board of Education r. Rice, 1911, A.C., 179; 9 L.G.R. 652; 80 L.J.K.B.
796, considered and approved.
Lancaster v. Burnley Corporation.
12 L.G.R. 1319.
(Before Lord Coleridge, Horridge, and Shearman, J.J.)
Buildings—Dwelling-house unfit for human habitation—Closing Order—
Demolition Order—Duty of Local Authority—Appeal—Powers of Local
Government Board—Housing, Town Planning, etc., Act, 1909 (9 Edw. VII.,
c. 44) ss. 17, 18, 3 \
Where a closing order of a local authority under Section 17 of the Housing,
Town Planning, etc., Act, 1909, in respect of any dwelling-house has remained
operative for a period of three months, and the owner of the house
has taken no steps to render it fit for human habitation, Section 18 casts an
imperative duty on the local authority to order the demolition of the house,
even though there be no intention on the part of the owner to use it in future
as a dwelling-house.
Nevertheless Section 39 empowers the Local Government Board in determining
an appeal against such a demolition order to make such order as they
think equitable and to confirm, vary or quash the order of the local authority
(although the local authority were bound to make it) according as the Board
having regard to all the circumstances of the case think just.
Hall v. Manchester Corporation.
12 L.G.R. 688.
(Before Cozens-IIardy, M.R., Buckle}7, L.J., and Channell, J.)
Building—Closing Order—" LTnfit for human habitation "—Building not in
O O