Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James.

  • Great Britain
Date:
1958
Catalogue details

Licence: Public Domain Mark

Credit: Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James. Source: Wellcome Collection.

    89/596 (page 61)
    SECTION 15 In other words it binds the land itself; see Hyde v. Berners (1889), 53 J.P. 453; 38 Digest 215, 493. Cf. the cases cited in the notes to s. 10 (7), ante. In Hyde v. Berners, supra, it was held that the tenant in possession was the person from whom the annuity was recoverable. Cf. also Holborn &. Frascati, Ltd. v. London County Council (1916) SO ia 2e5 eat Digest (ihepl,) 338, 4712. Sub-s. (3). The said amount. I.¢., of the owner’s expenses and his costs in obtaining the order; see sub-s. (2), supra. Sub-s. (4). _ Certified ... by the clerk. Quaeve, whether the clerk’s lawful deputy may sign; see s. 166 (2), post. Within six months. Cf. the note “ Within twenty-one days ’”’ tos. 11 (1), ante. Sub-s. (5). Person aggrieved. See cases cited in the notes to s. 11, ante. May appeal to Quarter Sessions. Note that this subsection assumes that notice of the order will have been served on the appellant. The scope of the appeal is perhaps indicated by sub-s. (2), supra, showing which documents are to be deposited; presumably an appellant can challenge the contents of these documents, e.g., the accounts accepted by the local authority. See also s. 15, infra, as to the effect of an order, ¢.g., it is conclusive evidence of the validity of the charge (s. 15 (2), infra). Within one month. See also s. 84 of the Magistrates’ Courts Act, 1952 (applied by sub-s. (6), supra), as to extension of time. Sub-s. (6). Necessary modifications,~ Note that sub-s. (5), supra, allows one month for giving notice of appeal. Summary Jurisdiction Act, 1879, s. 31. 14 Halsbury’s Statutes (2nd Edn.) 869. Magistrates’ Courts Act, 1952, s. 84. 32 Halsbury’s Statutes (2nd Edn.) 486. Sub-s. (7). Shall ... state ...a special case. In civil cases, quarter sessions normally have a complete discretion as to whether or not they will state a case for the opinion of the High Court; see R. v. Somerset Justices, Ex parte Cole (Ernest J.) & Partners, Lid., [1950] r All E.R. 264; [1950] 1 K.B. 519; 2nd Digest Supp. In criminal cases, coming to quarter sessions on appeal from a conviction before a magistrates’ court, they may be ordered to state a case by virtue of s. zo of the Criminal Justice Act, 1925 (14 Halsbury’s Statutes (2nd Edn.) 944). Appeals under the present section are civil proceedings, but the present subsection compels quarter sessions to state a case at the request of either party. Appeals by way of special case are heard by the Queen’s Bench Divisional Court; see the Supreme Court of Judicature (Consolidation) Act, 1925, s. 25 (5 Halsbury’s Statutes (2nd Edn.) 353), and R.S.C. Ord. 59, rr. 30-32. a 15. Form, effect, etc., of charging orders.—(1) Every charge created by a charging order under this Part of this Act shall be in such form as the Minister may prescribe, and shall be a charge on the premises specified in the order having priority over all existing and future estates, interests and in- cumbrances, with the exception of— (a) tithe commutation rent charge, and (6) any charge on the premises created or arising under any provision of the Public Health Act, 1875, the Public Health Act, 1936, or the Public Health (London) Act, 1936, or under any provision in any local Act authorising a charge for recovery of expenses incurred by a local authority; and (c) any charge created under any Act authorising advances of public money ; and where more charges than one are charged under this Part of this Act on any premises such charges shall, as between themselves, take order according to their respective dates. (2) A charging order shall be conclusive evidence that all notices, acts, and proceedings by this Part of this Act directed with reference to, or con- sequent on, the obtaining of such an order or the making of such a charge, have been duly served, done, and taken, and that the charge has been duly created, and is a valid charge on the premises declared to be subject thereto.