Labourers Act, 1936

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Vesting orders and statutory conditions applicable to cottages.

17.—(1) Where:—

(a) a purchase scheme in relation to a cottage in a county health district is in force, and

(b) an application is made to the board of health for such county health district by a person, who claims to be entitled under the immediately preceding section to make such application, for the transfer to such person of the interest of such board of health in such cottage, and

(c) such board of health is satisfied that such person is so entitled,

such board of health shall, subject to the provisions of this Act, make an order (in this Act referred to as a vesting order) in relation to such cottage.

(2) Every vesting order made by a board of health in relation to a cottage to which a purchase scheme for the time being in force applies shall:—

(a) be in the prescribed form,

(b) specify the days (in this section referred to as the gale days) on which each instalment (whether payable weekly, monthly, quarterly, half-yearly or yearly, as may be provided by such purchase scheme) of the annuity is to be paid,

(c) be expressed and operate to vest such cottage, on the gale day (in this Act referred to as the vesting day) next following the date of such order, in the purchaser thereof in fee simple, free from incumbrances and all estates, rights, titles and interests of whatsoever kind, but subject to and charged with the payment to such board of health of the annuity during a number of years (in this Act referred to as the payment period) equal to the appointed number of years and commencing on the day next following the vesting day,

(d) be also expressed and operate to apply in respect of such cottage during the payment period the following conditions (in this Act referred to as the statutory conditions), that is to say:—

(i) that on each gale day during the payment period an instalment of the annuity shall be punctually paid to such board of health,

(ii) that, subject to the provisions of this Act, such cottage shall not be used for any purpose except one and one only of the following purposes, that is to say:—

(I) for the purpose of the accommodation of the purchaser or the purchaser and members of his family,

(II) on the death of the purchaser, for the purpose of the accommodation of a person, who is the widow, child or other relative of the purchaser and was resident in such cottage at such death, or such person and members of such person's family,

(III) the purpose of the accommodation of an agricultural labourer or an agricultural labourer and members of his family,

(iii) that such cottage shall not be alienated otherwise than by operation of law or by sale with the consent of such board of health,

(iv) that such cottage shall be kept in good sanitary condition and repair,

(v) that such cottage shall not be subdivided,

(vi) that the plot (if any) held with such cottage shall not be let in conacre,

(vii) that no soil, sand, gravel or similar material shall be removed from the plot (if any) held with such cottage except so far as may be necessary for the proper cultivation of such plot or the erection of necessary buildings.