Housing (Amendment) Act, 1952
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Housing (Amendment) Act, 1952.
(2) This Act in so far as it amends the Housing of the Working Classes Acts, 1890 to 1950, the Labourers Acts, 1883 to 1950, the Small Dwellings Acquisition Acts, 1899 to 1950, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1950, shall be read and construed as one therewith respectively and may be cited together therewith as the Housing of the Working Classes Acts, 1890 to 1952, the Labourers Acts, 1883 to 1952, the Small Dwellings Acquisition Acts, 1899 to 1952, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1952.
num: 2
paragraphs: —In this Act—
“the Act of 1932” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932);
“the Act of 1948” means the Housing (Amendment) Act, 1948 (No. 1 of 1948);
“the Act of 1950” means the Housing (Amendment) Act, 1950 (No. 25 of 1950);
“farmer” means a person who derives his livelihood solely or mainly from the pursuit of agriculture;
“housing authority” means in the case of—
(a) a county health district, the council of the county in which such county health district is situate;
(b) a county or other borough, the corporation of such county or other borough, and
(c) an urban district, the council of such urban district;
“the Housing of the Working Classes Acts” means the Housing of the Working Classes Acts, 1890 to 1950, as amended by this Act;
“the Labourers Acts” means the Labourers Acts, 1883 to 1950, as amended by this Act;
“the Minister” means the Minister for Local Government;
“relevant grant” means a grant made, on or after the 29th day of April, 1952, under section 16 of the Act of 1948 or section 6 of the Act of 1950, as amended by this Act, or section 7 of this Act or section 3 of the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), as amended by any subsequent enactment (being an improving grant), or a grant made, in whole or in part, after the 1st day of August, 1950, under the said section 3 (being a building grant), and for the purposes of this definition, a grant (other than a building grant under the said section 3) shall be deemed to have been made on the date on which the first instalment thereof was paid.
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paragraphs: —(1) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.
(2) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to such provision of the Minister for Finance.
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paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —Each enactment mentioned in the Schedule to this Act is hereby repealed to the extent specified in the third column of the Schedule.
num: 6
paragraphs: —The reference to the 1st day of April, 1952, contained (by virtue of section 1 of the Housing (Amendment) Act, 1949 (No. 23 of 1949)) in subsection (1) of section 16, subsection (2) of section 19 and subsection (1) of section 20 of the Act of 1948 and the reference to the 1st day of April, 1952, in subsection (1) of section 6 of the Act of 1950 shall be construed as a reference to the 1st day of April, 1954.
num: 7
paragraphs: —(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a person providing and installing in a dwelling-house a private water supply and sewerage facilities, a grant not exceeding £50, if—
(a) the dwelling-house is situate in an area where at the date of the application for the grant, no public piped water supply or sewerage scheme has been provided or is being provided, and
(b) the provision and installation of the water supply and sewerage facilities commence on or after the 29th day of April, 1952, and are completed on or before 1st day of April, 1954, and comply with the conditions set out in the said regulations.
(2) Where the Minister makes a grant under this section in respect of the provision and installation of a private water supply and sewerage facilities in a dwelling-house, the valuation of the tenement consisting of or including such house shall not, on any valuation or revision of the valuation thereof coming into force within seven years after the completion of such provision and installation, be increased on account of any increase in the value of such tenement arising from such provision and installation.
(3) Subsection (2) of section 6 of the Act of 1950 shall not apply in relation to a grant under this section.
(4) The Minister may make regulations for the purposes of this section.
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paragraphs: —A grant (other than a grant for the provision and installation in a dwelling-house of a private water supply and sewerage facilities) shall not be made under section 9 , 10 or 11 of this Act in respect of a house in respect of which a grant is or was made under section 7 of the Act of 1950.
num: 9
paragraphs: —(1) A housing authority may make, to or in respect of a farmer in respect of a house for which a relevant grant is made, a grant of an amount equal to—
(i) if the rateable valuation does not exceed £12 10s. 0d., 100 per cent. of the relevant grant,
(ii) if the rateable valuation does not exceeds £12 10s. 0d. but does not exceed £20, 66⅔ per cent. of the relevant grant,
(iii) if the rateable valuation exceeds £20 but does not exceed £27 10s. 0d., 50 per cent. of the relevant grant, or
(iv) if the rateable valuation exceeds £27 10s. 0d. but does not exceed £35, 331/3 per cent. of the relevant grant.
(2) In this section “the rateable valuation” means the rateable valuation, or the aggregate of the rateable valuations, of any land or buildings occupied by a farmer, in force immediately before the commencement of the erection, reconstruction, purchase, improvement or extension in respect of which the relevant grant is made.
num: 10
paragraphs: —(1) A housing authority may make, to or in respect of a person (other than a farmer) in respect of a house for which a relevant grant is made, a grant of an amount equal to—
(i) if his family income does not exceed £208, 100 per cent. of the relevant grant,
(ii) if his family income exceeds £208, but does not exceed £312, 66⅔ per cent. of the relevant grant,
(iii) if his family income exceeds £312 but does not exceed £365, 50 per cent. of the relevant grant, or
(iv) if his family income exceeds £365 but does not exceed £416, 331/3 per cent. of the relevant grant.
(2) In calculating the family income of a person applying for a grant under this section in respect of a house, it shall be taken to include the income received during the year ending on the date of such application by such person and by every member of such person's family who resided with him during that year and who may reasonably be expected to reside with him in the house.
num: 11
paragraphs: —A housing authority may make, to or in respect of a person (other than a farmer or a person to whom a grant is made under section 10 of this Act) in respect of a house for which a relevant grant is made, a grant of an amount equal to 50 per cent. of the relevant grant, if
(a) he is, at the date of his application for a grant under this section, the occupier, on a monthly or lesser tenancy, of a dwelling provided by the housing authority or the commissioners of a town, or
(b) he is accepted by the authority as eligible for selection as a tenant of a dwelling provided, other than by virtue of section 31 or section 35 of this Act, by a housing authority under the Housing of the Working Classes Acts or the Labourers Acts.
num: 12
paragraphs: —For the purposes of sections 9 , 10 , and 11 of this Act a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.
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paragraphs: —(1) The reference to the 1st day of April, 1950, contained (by virtue of subsections (1) and (2) of section 22 of the Act of 1948) in paragraph (j) of subsection (1) of section 5 of the Act of 1932 shall be construed as a reference to the 1st day of April, 1954.
(2) This section shall have and be deemed to have had effect as on and from the 1st day of April, 1950.
num: 14
paragraphs: —(1) Subsection (1) of section 6 of the Act of 1932, as amended, is hereby further amended by the substitution for subparagraph (i) of paragraph (a) of the following:—
“(i) not exceeding sixty-six and two-thirds per centum of such annual loan charges, where the Minister is satisfied that such houses are used for the accommodation of persons displaced by the collapse or destruction of their former dwellings or by any operations of such local authority under the said Acts or sections 75 to 78 of the Towns Improvement Clauses Act, 1847, as incorporated with any enactment, section 20 of the Dublin Improvement Acts Amendment Act, 1864, or Part II of the Dublin Corporation Act, 1890, or are used for the accommodation of persons in need of re-housing on medical, compassionate or other similar grounds if the circumstances of such last mentioned persons would not permit them to be so re-housed otherwise.”
(2) So much of subsection (4) of section 6 of the Act of 1932 as limits the amount of annual loan charges shall not apply to the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin or the Lord Mayor, Aldermen and Burgesses of Cork.
(3) Subsection (2) of this section shall have and be deemed to have had effect as on and from the 1st day of April, 1952.
num: 15
paragraphs: —The Minister may make a grant under section 16 of the Act of 1948 to any person reconstructing a house in the person's own occupation notwithstanding that the floor area of such house is more than 1,400 square feet and paragraph (b) of subsection (1) of the said section 16 shall be construed and have effect accordingly.
num: 16
paragraphs: —Paragraph (c) of subsection (2) of section 19 of the Act of 1948 is hereby amended, with effect from the passing of that Act, by the insertion immediately after “sell the house” of “within a period of 15 years from the date of the undertaking.”
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paragraphs: —Where a person is aggrieved by a grant made (whether before or after the passing of this Act) to him by a housing authority under section 19 of the Act of 1948, the person may report the facts of the case to the Minister and the Minister, if he is satisfied that the person has good reason for being aggrieved, may direct the authority to make any grant to the person which the Minister thinks just and which could have been made by the authority under that section and the authority shall comply with the direction.
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paragraphs: —Subsection (2) of section 45 of the Act of 1948 is hereby amended by the substitution of “the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1952”, for “ section 16 , 19 or 20 of this Act”.
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paragraphs: —(1) The Second Schedule to the Act of 1948, as amended, is hereby further amended—
(a) by the substitution in the first column for “agricultural labourer or any other person who derives his livelihood solely or mainly from the pursuit of agriculture and is in occupation of land and buildings whose rateable value or the aggregate of whose rateable value does not exceed £50, reconstructing house in own occupation” of “agricultural labourer reconstructing house in own occupation in a rural area or any other person who derives his livelihood solely or mainly from the pursuit of agriculture and is in occupation of land whose rateable value or the aggregate of whose rateable value does not exceed £50, reconstructing house in own occupation”; and
(b) by the substitution of “100” for “80” in the second and third columns respectively under the reference to 4 rooms and by the substitution of “120” for“80” in the said columns under the reference to 5 or more rooms.
(2) This section shall have and be deemed to have had effect as on and from the 29th day of April, 1952, but the amendment effected by this section shall not affect any grant under section 16 of the Act of 1948 where the grant was allocated and notified to the applicant under the said section 16 before that date and reconstruction was begun before that date.
num: 20
paragraphs: —A grant under section 7 of this Act together with a grant under section 16 of the Act of 1948 in respect of the erection of a house or a grant under the said section 7 together with a grant under section 6 of the Act of 1950 shall not, in the first case, exceed the appropriate sum specified in the third column of the Second Schedule to the Act of 1948 or, in the second case, exceed the appropriate sum specified in the third column of the Second Schedule to the Act of 1950.
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paragraphs: —(1) Subsection (1) of section 7 of the Act of 1950 is hereby repealed.
(2) Subsection (1) of this section shall have and be deemed to have had effect as on and from 29th day of April, 1952, but the repeal of the said subsection shall not affect a grant under section 7 of the Act of 1950 in respect of a house if—
(a) where the grant is in respect of the erection of a house, the erection commenced before that date, or
(b) where the grant is in respect of the purchase of a house, the contract for the purchase of the house was completed before that date, and
(c) a scheme under section 7 of the Act of 1950 was duly adopted by the housing authority before the 1st day of April, 1952, and
(d) the grant is made under and in accordance with the said section 7.
(3) Where a person is aggrieved—
(a) by the refusal or failure of a housing authority to make a grant, or
(b) by the amount of a grant,
which, by virtue of subsection (2) of this section, could be or was made under section 7 of the Act of 1950, the person may appeal to the Minister who may direct the authority to make any grant to the person which the Minister thinks just and which could have been made by the authority under the said section and the authority shall comply with the direction.
(4) Subsection (2) of section 7 of the Act of 1950 shall cease to have effect as on and from the 1st day of January, 1953.
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paragraphs: —Section 8 of the Act of 1950 is hereby amended:—
(a) by the substitution of the following for subsection (2)—
“(2) This section does not apply to a person who is eligible under section 16 of the Act of 1948 for a grant for reconstructing a house in his own occupation.”
(b) by the substitution of the following for subsection (4)—
“(4) Subsections (2), (4), (6), (7) and (8) of section 5 of the Act of 1937, as amended, shall apply in respect of grants under this section as if those grants were grants under the said section 5, and the council of a county shall have, for the purposes of this section, the like powers as are conferred on an urban authority by the said subsection (7).”
num: 23
paragraphs: —(1) The limitation of fifteen years in subsection (1) of section 9 of the Act of 1950 shall be construed as ten years where the reconstruction of the house includes the replacement of a thatched roof by a roof of slates or tiles.
(2) Notwithstanding subsection (3) of section 9 of the Act of 1950, the provision and installation of a private water supply and sewerage facilities shall not be regarded as forming part of the works necessary for the provision of additional accommodation in a house if a grant has been made under section 7 of this Act in respect of the house.
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paragraphs: —(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a housing authority erecting a house by virtue of section 31 or section 35 of this Act, a grant not exceeding the appropriate sum specified in the Second Schedule to the Act of 1950 if—
(a) erection is completed on or before the 1st day of April, 1954, and
num: 25
paragraphs: —The Minister may, with the consent of the Minister for Finance, make a grant under section 16 of the Act of 1948 or section 8 of the Act of 1950 or section 9 of the Act of 1950 or section 7 of this Act notwithstanding that a requirement of a statute or a statutory instrument has not been complied with in respect of the grant if a certificate of approval in respect of the relevant house has been issued by an officer of the Minister and the Minister is satisfied that the applicant for the grant has acted in good faith in proceeding to erect, or reconstruct such house or provide and install a private water supply and sewerage facilities in such house on receipt of such certificate.
num: 26
paragraphs: —Section 15 of the Act of 1948 is hereby amended by the deletion of “containing not more than two rooms and”.
num: 27
paragraphs: —A housing authority (other than the council of a county) and the commissioners of a town shall, as soon as may be after the passing of this Act, exercise the powers conferred on them, with respect to the making and enforcing of bye-laws, by section 20 of the Housing (Ireland) Act, 1919 , and section 15 of the Act of 1948, as amended by this Act.
num: 28
paragraphs: —(1) Section 29 of the Act of 1948 is hereby amended by the substitution of the following for subsection (2):—
“(2) Regulations under this section shall provide that in the letting of houses regard shall be had to the character, industry, occupation, family circumstances and existing housing conditions of the applicants and subject thereto first preference in the letting of houses which are not reserved houses shall, wherever practicable, be given to persons displaced from reserved houses, and second preference shall, wherever practicable, be given to persons with families living—
(i) in overcrowded conditions where one or more than one member of the family is suffering from tuberculosis;
(ii) in one-roomed dwellings where one or more than one member of the family is suffering from tuberculosis or where one or more than one member of the family (exclusive of the parents) has attained the age of twelve years; or
(iii) in a dwelling which has been condemned as unfit for human habitation.
(3) The letting by a housing authority and the commissioners of a town under this section of houses to families living in overcrowded conditions shall be deemed, for the purposes of section 6 of the Act of 1932, to be operations of a local authority under the Housing of the Working Classes Acts.
(4) Conditions shall, for the purposes of this section, be deemed to be overcrowded, at any time when the number of persons ordinarily sleeping in a house intended or used for occupation by the working classes, and the number of rooms in the house either—
(a) are such that any two of those persons, being persons twelve years old or more of opposite sexes and not being persons living together as husband and wife, must sleep in the same room; or
(b) are such that the free air space, in any room used as a sleeping apartment, for any person is less than four hundred cubic feet (the height of the room, if it exceeds eight feet, being taken to be eight feet, for the purpose of calculating free air space).”
(2) Section 29 of the Act of 1948 as amended by subsection (1) of this section shall not apply to houses provided by virtue of section 31 of this Act.
num: 29
paragraphs: —The powers of a housing authority and the commissioners of a town to acquire land for the purposes of Part III of the Housing of the Working Classes Act, 1890 (as amended by subsequent enactments including this Act) shall be deemed to include, and always to have included, power to acquire land outside their functional area with the consent of the housing authority within whose area such land is situate, and section 7 of the Housing of the Working Classes (Ireland) Act, 1908, shall cease to have effect.
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paragraphs: —The Housing of the Working Classes Acts shall be construed with such modifications as may be necessary to give effect to section 23 of the Act of 1950.
num: 31
paragraphs: —(1) Subsection (2) of section 8 of the Housing (Ireland) Act, 1919 , as amended, is hereby further amended by the addition of the following paragraphs:—
“(iv) the erection of houses and the lease or sale of same under the powers conferred by this Act to persons irrespective of whether they are or are not members of the working classes;
(v) the development of the land or part thereof for building purposes;
(vi) the lease or sale under the powers conferred by this Act of the land or part thereof to public utility societies and to persons irrespective of whether they are or are not members of the working classes, for the purpose and on the condition that such societies and persons shall erect and maintain thereon such number of houses as may be fixed by the authority and in accordance with plans approved by the authority.”
(2) Subsection (1) of section 11 of the Housing (Ireland) Act, 1919 , as amended, is hereby further amended—
(I) by the addition to paragraph (a) of the following words: “and carry out such other works as may be necessary for or incidental to the development of the land for building purposes”;
(II) by the addition of the following paragraph:—
“(e) with the like consent, sell or lease the land or part thereof to any person for the purpose and on the condition that such person shall erect and maintain thereon such number of houses as may be fixed by the authority and in accordance with plans approved by the authority.”
(3) Any acquisition, sale or lease of land by a housing authority effected before the passing of this Act which would be valid if effected by virtue of section 8 or 11 of the Housing (Ireland) Act, 1919 , as amended by this section shall be and be deemed always to have been validly effected under the Housing of the Working Classes Acts.
num: 32
paragraphs: —Where a determination has been made by a housing authority under Article 3 of the Emergency Powers (No. 277) Order, 1943 (S.R. & O., No. 184 of 1943), in relation to a dwelling-house, the following provisions shall have effect—
(a) notwithstanding the revocation of the said Order, any such determination shall continue in force until revoked by the housing authority;
(b) so long as such determination remains in force—
(i) the dwelling-house shall be deemed to have been acquired by the housing authority for the purposes of Part III of the Housing of the Working Classes Act, 1890, and
(ii) the requirements imposed on the housing authority by Part II of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), in regard to securing the vacation and demolition of the dwelling-house shall be suspended;
(c) subparagraph (i) of paragraph (b) of this section shall not confer any power to sell the relevant dwelling-house.
num: 33
paragraphs: —(1) The council of a county shall, as respects their functional area, have the like powers as are conferred on an urban authority by section 5 of the Housing and Labourers Act, 1937 (No. 42 of 1937), as amended, and the purposes of that section shall be deemed to be purposes for which a council of a county may borrow under section 37 of the Act of 1948, and the said section 5 shall be construed and have effect accordingly.
(2) Where a notice has been served, whether before or after the passing of this Act, under section 19 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), by a housing authority on a person having control of a house and the authority, in pursuance of section 20 of the said Act, has executed the works specified in such notice, the Minister may, with the consent of the Minister for Finance, make, out of moneys provided by the Oireachtas, to such authority a grant not exceeding whichever of the following amounts is the smaller, that is to say:—
(a) £80 for each separate dwelling forming part of such house after the execution of such works,
(b) one third of the cost of such works.
(3) In calculating the expenses incurred by a housing authority under section 20 of the Housing (Miscellaneous Provisions) Act, 1931 , the amount of any grant paid under subsection (2) of this section to the authority shall be deducted by the authority.
num: 34
paragraphs: —(1) Section 35 of the Act of 1948 is hereby amended by the substitution of the following for subsection (2):—
“(2) Regulations under this section shall provide that in the letting of cottages regard shall be had to the character, industry, occupation, family circumstances and existing housing conditions of the applicants and subject thereto first preference shall, wherever practicable, be given to applicants who are—
(a) persons normally engaged in doing agricultural work for hire on the land of some other person and whose principal means of living is such work,
(b) men normally engaged in doing agricultural work on the land of relatives with whom they reside, or
(c) herdsmen,
and second preference shall, wherever practicable, be given to applicants with families living—
(i) in overcrowded conditions where one or more than one member of the family is suffering from tuberculosis;
(ii) in one-roomed dwellings where one or more than one member of the family is suffering from tuberculosis or where one or more than one member of the family (exclusive of the parents) has attained the age of twelve years; or
(iii) in a dwelling which has been condemned as unfit for human habitation.
(3) Conditions shall, for the purposes of this section, be deemed to be overcrowded, at any time when the number of persons ordinarily sleeping in a cottage intended or used for occupation by the working classes or agricultural labourers, and the number of rooms in the cottage either—
(a) are such that any two of those persons, being persons twelve years old or more of opposite sexes and not being persons living together as husband and wife, must sleep in the same room; or
(b) are such that the free air space, in any room used as a sleeping apartment, for any person is less than four hundred cubic feet (the height of the room, if it exceeds eight feet being taken to be eight feet for the purpose of calculating free air space).”
(2) Section 35 of the Act of 1948 as amended by subsection (1) of this section shall not apply to houses provided by virtue of section 35 of this Act.
num: 35
paragraphs: —(1) A housing authority acting in the execution of the Labourers Acts, may acquire land either by agreement with the consent of the Minister or compulsorily under the powers conferred by those Acts for all or any of the following purposes:—
(a) the laying out and construction of public streets or roads and open spaces on the land and the carrying out of such other works as may be necessary for or incidental to the development of the land for building purposes;
(b) the erection of houses and the sale or lease thereof to persons irrespective of whether they are or are not agricultural labourers;
(c) the sale or lease of the land or part thereof to public utility societies and to such persons for the purpose and on the condition that such societies and persons shall erect and maintain thereon such number of houses as may be fixed by the housing authority and in accordance with plans approved by the authority.
(2) A housing authority may sell or lease land or houses under this section with the consent of the Minister and all capital money received in respect of any transaction under this section shall be applied in or towards the purchase of other land for the purposes of the Labourers Acts or, with the consent of the Minister, to any purpose, including the repayment of borrowed money, to which capital money may properly be applied.
(3) Any acquisition, sale or lease of land by a housing authority effected before the passing of this Act which would be valid if effected by virtue of subsection (1) of this section shall be and be deemed always to have been validly effected under the Labourers Acts.
(4) The provisions of the Labourers Act, 1936 (No. 24 of 1936), relating to the purchase of cottages shall not apply to houses erected by a housing authority by virtue of paragraph (b) of subsection (1) of this section.
num: 36
paragraphs: —The maximum advance under section 1 of the Small Dwellings Acquisition Act, 1899, in respect of any house shall be—
(a) in case the house is situate in the county of Dublin or the district electoral divisions of St. Mary's, Bishopstown, Blackrock and Douglas in the county of Cork or the county borough of Dublin or Cork or the borough of Dun Laoghaire—one thousand, eight hundred pounds, and
(b) in any other case—one thousand, six hundred pounds.