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(ii) lighting, ventilation, cubic space, cleanliness, and furnishing, including beds and bedding and cooking utensils;

(iii) storage of food, washing of clothes, and drying of wet clothes;

(iv) water-closets or privies for the separate use of the sexes; and

(v) a suitable supply of water;

(c) Determining the persons responsible for the provision of the accommodation required by the bye-laws taking into account the terms of current contracts;

(d) Inspection of the premises;

(e) Exhibition on the premises of the bye-laws;

(f) Such other matters relating to the accommodation of seasonal workers (including determining the persons responsible for regulating the use by the workers of the accommodation) as the Board may from time to time prescribe.

(2) In cases of emergency the Board may, on the application of the Board of Agriculture for Scotland, suspend, as respects the district of any local authority or any part thereof, the operation of any bye-law made under this section which affects agricultural interests.

(3) Without prejudice to the other provisions of this section, housing accommodation in accordance with the bye-laws shall, in the case of potato workers, harvesters, fruit pickers, and other seasonal workers employed on farms or fruit farms, be provided by the farmer or fruit grower:

Provided that, if the provision of such accommodation involves the erection of additional buildings, the farmer or fruit grower may require the landlord to erect such buildings on terms and conditions to be determined, failing agreement by the Board of Agriculture for Scotland.

(4) In this section the expression "seasonal workers" includes navvies, harvesters, potato workers, fruit pickers, herring gutters, and such other workers engaged in work of a temporary nature, as the Board may from time to time. prescribe.

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As to housing of seasonal workers, see Report of Royal

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Commission, chap. xvii. See notes on sec. 59, ante. "other provisions of this section" alluded to in the opening words of sub-sec. (3) are presumably sub-sec. (1) (c).

Sec. 84, infra, provides for the application to bye-laws made under this Act of secs. 183 to 187 of the Public Health (Scotland) Act, 1897, relating to bye-laws made under that Act. These sections deal with the authentication, confirmation, proof, and enforcement of bye-laws.

84. The provisions of sections 183 to 187 of the Public Health (Scotland) Act, 1897, which relate to bye-laws under that Act, shall apply to bye-laws made by a local authority under this Act, and a fine or penalty under any such bye-law may be recovered on summary conviction:

Provided that

(a) the Board, before they allow, modify, or disallow any bye-laws with respect to housing accommodation for seasonal workers, shall consult with the Board of Agriculture for Scotland, or with the Fishery Board for Scotland, as the case may be, in so far as agricultural or fishery interests respectively are affected by such bye-laws;

(b) nothing in this section shall apply as respects the adoption by a local authority of any code of byelaws relating to new streets under this Part of this Act.

See Public Health Act, 1897, secs. 183 to 188 inclusive. Fine or penalty. In sec. 2 of the Summary Jurisdiction (Scotland) Act, 1908, penalty is defined as follows:

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Penalty 'shall include fine and any sum of money "which may, under the authority of any statute or order, "be recoverable from any person in respect of the contraven"tion of any statutory requirement or prohibition, and any sum which may, under the authority of any statute or order, be recoverable as a penalty or forfeiture, or of which a Court has power to order payment, as also the forfeiture "of any article where such forfeiture is authorised by statute or order."

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By sec. 4 of that Act the Act is applied to summary proceedings in respect of

(a) any offence which might prior to the passing of "this Act or which may under the provisions of this or any "future Act be tried in a summary manner;

(b) any offence or the recovery of a penalty under any "statute which does not exclude summary procedure;

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(c) any order ad factum præstandum or other order "of Court or warrant competent to a Court of summary "criminal jurisdiction; and shall apply to procedure in all "Courts of summary criminal jurisdiction in so far as they have jurisdiction in the matters aforesaid."

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"Where any statute provides for proceedings being taken "under the Summary Procedure Act, 1864, the Summary Juris"diction (Scotland) Acts, 1864 and 1881, or under any general "or local Police Act, or under any public, general, or local Act "incorporating any section of any Act hereby repealed, or for appeal under the Summary Prosecutions Appeals (Scotland) "Act, 1875, such proceedings or appeal shall be taken under "this Act."

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As to specification of charge of contravention of bye-laws, see Summary Jurisdiction Act, 1908, sec. 19; right to sue for penalties, see sec. 6; periods of imprisonment for non-payment of penalties, see sec. 48. See also Trotter's Summary Jurisdiction (Scotland) Act, 1908, and Supplement.

For bye-laws made by a local authority, see secs. 24, 55, 59, 60, and 83, ante.

As to relaxation of bye-laws, see sec. 80, ante; as to revocation of unreasonable bye-laws, see sec. 82, ante.

85. (1) Where it is proved to the satisfaction of the Sheriff, on an application by the local authority or the feuar or lessee of a house, that, owing to changes in the character of the neighbourhood in which such house is situate, the house cannot readily be let as a single dwelling, but could readily be let if converted into two or more dwellings, and that the conditions or restrictions of the feu charter or feu contract or the provisions of the lease do not admit of such conversion, the Sheriff, after giving any person, entitled to any interest in the house or entitled to enforce such condition, restriction, or provision, an opportunity of being heard, may vary the conditions or restrictions of the feu charter or feu contract or the terms of the lease so as to enable the house to be so converted, subject to such conditions and upon such terms as the Sheriff may think just, and the decision of the Sheriff shall be final. (2) In this section the expression "Sheriff" shall not include Sheriff-Substitute.

See further sec. 43, ante, as to conversion of houses and sec. 59, ante, as to bye-laws relating to subdivision of houses. Application under this section can be made by (1) the local authority, (2) the feuar, or (3) the lessee.

The section is not confined to houses which, if converted, can be readily let to persons of the working classes, but applies to all houses without distinction as to the class of persons to

whom they could be let (In re No. 4 Porchester Gate, Paddington, 1921, 1 K.B. 239.) In order to determine whether the section applies, the Court must consider (1) whether the house is readily lettable as it is. If no (2), whether it is readily lettable if converted into two or more houses. If yes (3), whether this is due to changes in the character of the neighbourhood, and what exactly is the neighbourhood considered and what are the changes in its character (Alliance Economic Investment Co., Ltd. v. Berton and Others, 1923, 39 T.L.R. 393).

Lessee. This expression is not defined nor limited in any way. Difficulties would have been avoided had the term been limited to persons in right of a long lease recorded under the Registration of Leases Act, but there is nothing in the Act to suggest that the rights conferred by the present section are not available to every lessee who has the right to sublet. The term would probably also cover a heritable creditor in possession of security subjects who has obtained a warrant from the Sheriff to let the lands under the Heritable Securities (Scotland) Act, 1894, sec. 7. The rights of landlords and reversioners in such cases would be sufficiently protected by the provision that all parties entitled to any interest in the house or entitled to enforce provisions, conditions, or restrictions shall be given an opportunity of being heard. This expression would include not. only the owners and the superior, but also bondholders, owners of ground annuals, and any adjoining feuars or others who can qualify an interest to insist upon the enforcement of the feuing restrictions. See sec. 119, post, as to definition of owner.

The procedure is left to the Sheriff's discretion, but will probably be that of a summary application under the Sheriff Courts Act, 1907, sec. 3 (p) and sec. 50.

Restriction on Acquisition of Certain Lands.

86. (1) Where any scheme or order under this Act authorises the acquisition or appropriation to any other purpose of any land forming part of any common or open space, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament, except where the scheme or order provides for giving in exchange for such land other land, not being less in area, certified by the Board, after consultation with the Board of Agriculture for Scotland, to be equally advantageous to the persons, if any, entitled to common or other rights and to the public.

(2) Before giving any such certificate the Board shall give public notice of the proposed exchange, and shall afford

opportunities to all persons interested to make representations and objections in relation thereto, and shall, if necessary, hold a local inquiry on the subject.

(3) Where any such scheme or order authorises such an exchange, the scheme or order shall provide for vesting the land given in exchange in the persons in whom the common or open space was vested, subject to the same rights, trusts, and incidents as attached to the common or open space, and for discharging the part of the common or open space, acquired or appropriated, from all rights, trusts, and incidents to which it was previously subject.

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(4) For the purposes of this Act the expression common includes any town or village green; and the expres sion open space means any land laid out as a public garden or used for the purposes of public recreation and any disused burial ground.

This section provides for the only case in which Parliamentary confirmation is still necessary.

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Common.-Apart from town and village greens, commons are much less familiar in Scotland than in England. The definition in the Inclosure Act, 1845 (8 & 9 Vict. c. 118), is contained in sec. 15, and includes all lands subject to any rights of common whatsoever.

Open space. For statutory provisions dealing with " open spaces, see note to sec. 37, ante.

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87. (1) Where any land proposed to be included in any scheme or order to be made under this Act, or any land proposed to be acquired under this Act, is situate within the prescribed distance from any of the royal palaces or parks, the local authority shall, before preparing the scheme or order or acquiring the land, communicate with the Commissioners of Works, and the Board shall, before confirming the scheme or order or authorising the acquisition of the land or the raising of any loan for the purpose, take into consideration any recommendations they may have received from the Commissioners of Works with reference to the proposal.

(2) For the purposes of this section "prescribed " means prescribed by regulations made by the Board after consultation with the Commissioners of Works.

For regulations, see Appendix I., p. 271.
The prescribed distance is "half a mile."

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