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order of demolition to take down and remove the building ; sub-section ii. says the annuity
charged shall be Six Pounds for every Hundred Pounds for a term of thirty years. Section
38 deals with "Obstructive Buildings," which are defined as buildings which "although not
in themselves unfit for human habitation, are so situate that by reason of their proximity
to or contact with any other buildings cause one of the following effects: (a) stopping
ventilation or otherwise making or conducing to make such other buildings to be in a
condition unfit for human habitation or dangerous or injurious to health, or (b) preventing
proper measures from being carried into effect for remedying any nuisance injurious to
health, or other evils complained of in respect of such other buildings. By sub-section 3
" the local authority shall cause a report to be made to them respecting the circumstances
of the building and the cost of pulling down the building and acquiring the land." The
person by whom such report would be made would clearly be some other person than the
Medical Officer of Health. Sub-section 5 provides for the owner retaining the site, and
receiving compensation from the local authority for the pulling down of the obstructive
building. Sub-section 6 provides for the amount of compensation being settled by arbitration
Sub-section 8 deals with the question of what is now known by the term "betterment"—the
meaning of which is very plainly stated in the words of the Act thus:—"Where, in the
opinion of the arbitrator, the demolition of an obstructive building adds to the value of such
other buildings as are in that behalf mentioned in this section, the arbitrator shall apportion
so much of the compensation to be paid for the demolition of the obstructive building as may
be equal to the increase in value of the other buildings amongst such other buildings
respectively, and the amount apportioned to each such other building in respect of its
increase in value by reason of the demolition of such obstructive building shall be deemed to
be private improvement expenses incurred by the local authority in respect of such building,
and such local authority may, for the purpose of defraying such expenses, make and levy
improvement rates on the occupier of such premises accordingly." Section 39 deals with
"Scheme for Reconstruction," and states that " Where it appears to the local authority that
the area before occupied by these houses could be beneficially used to promote the health of
the neighbouring dwelling-houses by being dedicated as a highway or open space, or used for
the erection of dwelling houses for the working classes, or exchanged for other neighbouring
lands more suitable for the erection of such dwellings, the local authority may pass a
resolution to that effect, and direct a scheme to be prepared for the improvement of the said