to be made for several cases with which, prior to 1919, burgh authorities could deal, while county authorities had no corresponding powers, e.g. (2) (a), (b), (g), (h), (i), and (k).

(1) Sec. 181 of the Public Health (Scotland) Act, 1897, empowers, but does not require, the local authority of any district other than a burgh with the approval of the county council, to make bye-laws for the whole or any part of their district for regulating (1) the building or rebuilding of houses or buildings; (2) the use for human habitation of any building not previously so used; or (3) any alteration in the mode of occupancy of any existing house in such a manner as will increase the number of separate houses, in respect to the following matters :

"(a) The drainage of the subsoil of sites for and the prevention of dampness in houses intended for human habitation;

(b) The structure of walls, foundations, roofs, and "chimneys of new buildings in so far as likely to affect "human health;

(c) The ventilation of houses and buildings intended "for human habitation;

"(d) The sufficiency of the space about buildings to secure a free circulation of air;

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(e) The construction and arrangement of the drainage of houses and buildings and of soil pipes and waste pipes, "and the construction and position of water-closets, earth"closets, privies, ashpits, cesspools, dungsteads, slop sinks, "and rain-water pipes and rhones;

"(f) The production of suitable building plans in "respect of the matters in this section mentioned, and their "inspection;

'(g) The intimation previous to the commencement by the owner or person laying out the work to the local "authority of the date of the commencement, and for the due inspection in respect of the matters in this section mentioned of houses or buildings in process of erection or "alteration, and the examination of the drains thereof, and

for the pulling down, alteration, or amendment of any "work which has been carried out in contravention of the bye-laws."

The above section must be interpreted in terms of the definition section of the Public Health (Scotland) Act, 1897, sec. 3, by which certain of the expressions are given meanings different from those assigned by the Housing Acts. See also secs. 183 to 187 for further provisions as to bye-laws under the Public Health Act.

The making of bye-laws under sec. 181 has hitherto been optional. In 1917 only 48 out of 107 county authorities had exercised their powers under the section. The making of byelaws is now compulsory, and, in the case of a district committee, the consent of the county council is no longer required.

The phraseology of sub-sec. (2) leaves room for doubt as to whether (a) the local authority are under a duty to make byelaws in respect of the matters enumerated in the sub-section in addition to those enumerated in sec. 181, or whether (b) it is optional for them to make bye-laws under this sub-section, though compulsory with reference to the matters dealt with in sec. 181. Having regard to the general trend of the group of sections of which this is one, it is thought that the local authority are not under a duty to make bye-laws in respect of the matters enumerated in this sub-section.

(2) (a) and (b) Except in so far as these matters may have been provided for by bye-laws under the Public Health (Scotland) Act, 1897, sec. 181, county authorities acquired control in these respects for the first time by this section.

(2) (f) See Repton School v. Repton Rural District Council, 1918, 2 K.B. 133, and the General Turnpike Act (1 & 2 Will. IV. c. 43), sec. 91, which provides that no house can be erected within 25 feet of the centre of a turnpike road, and which is re-enacted in the Roads and Bridges (Scotland) Act, 1878, sec. 123.

(2) (g), (h), (i), and (j) Hitherto county authorities could only deal with these matters within the limits imposed by sec. 181 of the Public Health Act, or, indirectly, by applying the nuisance provisions of the Public Health Act, secs. 16 et seq. See further as to control of occupancy, sec. 60 of the 1925 Act, p. 71.

(2) (k) In burghs this matter can be dealt with by bye-law under the Burgh Police (Scotland) Act, 1903, sec. 93 (8).

No provision is made as to what is to happen in the event of a local authority neglecting their duty under this section. The many forms of indirect pressure which the Board can exercise would probably meet the case. Sec. 146 of the Public Health (Scotland) Act, 1897, would not apply, as the "duty" is not imposed on the local authority by that Act.

46. Cleansing of houses.-Section forty of the Public Health (Scotland) Act, 1897 (which relates to the cleansing of houses), shall be amended by the omission of the word such where it first occurs, and of the words that the health of any person is affected or endangered thereby."

Sec. 40 of the Public Health Act authorises a local authority where it appears to them that any house or part thereof, or any article of bedding or clothing, is in such a filthy or unwholesome condition that the health of any person is affected or endangered thereby, to require the owner or occupier to whitewash, cleanse, or purify the same. The effect of this amendment is to render it unnecessary to prove danger or injury to health.

Further powers are conferred on town councils by the Burgh Police (Scotland) Act, 1892, sec. 118.

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For a prosecution under sec. 40 of the Public Health Act, amended as above, see Gala Water District Committee v. Buchan, 1920 S.C. 87.

47. Revision of burgh boundaries.-In section eleven (Revision of Boundaries) of the Burgh Police (Scotland) Act, 1892, for the words from "The Sheriff or Sheriffs" to "in"cluded therein "there shall be substituted the words " In revising the boundaries of a burgh the Sheriff or Sheriffs shall "take into account the number of dwelling-houses, whether existing or about to be erected, within the area proposed to "be included (with power to allow a reasonable margin for "future extension), the density of the population, the persons "for whom and the authority by whom the dwelling-houses "have been, or are to be, erected, and all the circumstances of the case, and shall thereafter determine whether the area "ought to form part of the burgh, and should be included "therein."

The effect of this amendment is to add to the original section the words whether existing or about to be erected"; "with power to allow a reasonable margin for future extension "; and "the persons for whom and the authority by whom the dwelling-houses have been or are to be erected."

48. Farmed-out houses.—It shall be lawful for the local authority of any burgh to apply to the Board for an order declaring that the provisions of Part II. of the Glasgow Corporation Order, 1918 (which relate to farmed-out houses), shall apply to the burgh, and the Board, if they are satisfied after such inquiry, if any, as they may think fit, that the circumstances and conditions of the burgh are such that it is desirable that those provisions should apply thereto, may make an order so applying such provisions, with such modifications and adaptations as may appear to the Board to be necessary or desirable, and as from a date to be prescribed in the order of the Board, the said provisions as so modified or adapted shall as respects that burgh have effect as if they were enacted in this Act.

Glasgow Corporation Order, 1918, secs. 5 to 23 inclusive, are printed in the Appendix II., p. 319, post. A "farmed66 out house is referred to in sec. 5 as any building or house, or any part thereof, or any apartment therein (not being a common lodging-house or a bona fide hotel), with regard to which

the medical officer and sanitary inspector certify that such building, house, part or apartment

(a) Is used or let or rented as one or more separate furnished or unfurnished houses or apartments; and

(b) Either from its construction or condition or the manner in which it is or is proposed to be used requires special supervision in the interests of public health and sanitation.

50. Definition of local authority.-In this part of this Act the expression "local authority means the local authority for the purposes of the Public Health (Scotland) Act, 1897.

52. Extent. This Act shall extend to Scotland only.

53. Citation. (1) This Act may be cited as the Housing, Town Planning, &c. (Scotland), Act, 1919.

(4) The Small Dwellings Acquisition Act, 1899, as that Act applies to Scotland, and Part III. of this Act may be cited together as the Small Dwellings Acquisition (Scotland) Acts, 1899 and 1919.

THE HOUSING (ADDITIONAL POWERS)

АСТ, 1919.

(9 & 10 GEO. V. CH. 99.)

(So far as unrepealed.)

8. Sub-section (2) of section 1 of 6 & 7 Geo. V. c. 69 to be perpetual. Sub-section (2) of section one of the Public Authorities and Bodies (Loans) Act, 1916 (which gives power temporarily to certain local authorities to borrow money by means of the issue of securities to bearer and whether within or without the United Kingdom), shall be a permanent enactment, and accordingly the words " during the con"tinuation of the present war and a period of six months "thereafter" in that sub-section shall be repealed.

11. Meaning of local authority.-In this Act the expression "the local authority" means the local authority within the meaning of Part III. of the Housing of the Working Classes Act, 1890.

Provided that for the purpose of the application of the provisions of this Act (other than those relating to expenses under section sixteen of the Housing, Town Planning, &c., Act, 1919), to the county of London the London County Council shall be the local authority to the exclusion of any other authority, and that in the city of London the London County Council shall be the local authority for the purpose of the certificate as to the completion of houses to be given under the provisions of this Act relating to the payment of money to persons constructing houses.

By the Sixth Schedule to the Housing (Scotland) Act, 1925, p. 135, ante, sec. 11 is still unrepealed so far as it relates to the unrepealed provisions of the Act.

13. Application to Scotland.-(1) This Act shall apply to Scotland subject to the following modifications:

(a) References to the Minister of Health shall be construed as references to the Scottish Board of Health;