continuing after conviction thereof, to a further penalty not exceeding five pounds for each day on which the offence is continued after such conviction.

The present section is modelled on sec. 24, now repealed, of the 1919 Act, and which supplied an important omission in the earlier statutes, since no effective means were provided of promptly enforcing closing orders. See Appendix I., p. 278. (a) The expression "any other person covers tenants and

sub-tenants.

(b) This paragraph was passed to meet the case of a condemned dwelling-house being converted into a store or stable or put to similar use.

10. (1) Where a closing order in respect of any dwellinghouse has remained operative for a period of three months, the local authority shall take into consideration the question of the demolition of the house, and shall give every owner of the house notice of the time (being some time not less than one month after the service of the notice) and place at which the question will be considered, and any owner of the house shall be entitled to be heard when the question is so taken into consideration.

(2) If upon any such consideration the local authority are of opinion that the house has not been rendered fit for human habitation, and that the necessary steps are not being taken with all due diligence to render it so fit, or that the continuance of any building, being or being part of the house, is a nuisance or dangerous or injurious to the health of the public or of the inhabitants of the neighbouring houses, they shall order the demolition of the house or building.

(3) If any owner undertakes to execute forthwith the works necessary to render the house fit for human habitation, and the local authority consider that it can be so rendered fit for human habitation, the local authority may, if they think fit, postpone the operation of the order for such time not exceeding six months as they think sufficient for the purpose of giving the owner an opportunity of executing the necessary works, and if and when the necessary works are completed to their satisfaction, the local authority may determine the closing and demolition orders relating to the house.

(4) Notice of an order for the demolition of a house or building shall be forthwith served on every owner of the house or building in respect of which it is made, and any

owner aggrieved by the order may appeal to the Sheriff by giving notice of appeal to the Sheriff within twenty-one days after the notice of the order is served upon him or, where the operation of the order has been postponed for any period within fourteen days after the expiration of that period.

seq.

For forms under this section, see Appendix I., pp. 282 et

(1) It is a condition precedent to a demolition order being made that a closing order shall have been in operation for three months. By the Interpretation Act, 1889, sec. 3, "month" is defined as "calendar month." As regards the definition of "owner," see sec. 119, post; and for the provisions as to service, see sec. 101, post.

(2) For interpretation of the expressions used, see notes to secs. 5 and 6, ante. The local authority has no discretion in the matter if the conditions indicated in the sub-section are satisfied, but must proceed at once to order the demolition of the building even if it has in the interval been converted to some other purpose, e.g., a stable or a store. An opinion to the opposite effect was given by the Scottish law officers in 1911 (see Local Government Board Report, 1912, p. lxv.), but the case-Lancaster v. Burnley Corporation, 1915, 1 K.B. 259 -appears to be conclusive of the matter, and express provision has now been made for the case figured by sec. 9, ante.

(3) The sub-section is intended to give the owner a further opportunity of putting the premises in a state fit for human habitation. Where, therefore, an owner applies for a postponement of a demolition order, the local authority in considering whether they will grant the application must exercise their discretion judicially, giving the owner an opportunity to state his case and considering the adequacy of the works proposed by him (Broadbent v. Rotherham Corporation, 1917, 2 Ch. 31.

(4) The interests of the owner are further safeguarded by sub-sec. (4), which gives him a right of appeal. See also Rex v. de Rutzen and Chelsea Vestry, 1893, 9 T.L.R. 41, as to operation of order.

For procedure where a local authority neglect to exercise their powers under the section, see secs. 18 and 19, post.

11. (1) Where an order for the demolition of a house or building has been made, the owner thereof shall within three months after the order becomes operative proceed to take down and remove the house or building, and if the owner fails therein the local authority shall proceed to take down and remove the house or building and shall sell the materials, and after deducting the expenses incident to such taking down and removal pay over the balance of money, if any, to the owner.

(2) Where the amount realised by the sale of such materials is not sufficient to cover the expenses incident to the taking down and removal of the house or building, the local authority may recover the deficiency from the owner of the house or building in a summary manner.

(3) Where a house or building has been so taken down and removed, no house or other building or erection which will be dangerous or injurious to health shall be erected on the site of such house or building or any part thereof; and if any house, building, or erection is erected contrary to the provisions of this sub-section the local authority may at any time order the owner thereof to abate or alter the same, and in the event of non-compliance with the order may abate or alter the same, and the expenses of such abatement or alteration shall be recoverable from the owner in a summary man

ner:

Provided that any person aggrieved by an order under this sub-section may appeal to the Sheriff on giving notice of appeal within one month after notice of the said order has been served on him.

Obviously only the dwelling-house which has been condemned need be demolished, and not the whole building of which it may form a part. As to orders applicable to buildings composed of two or more houses, see Lang v. Fleming's Trustees, 10 Sh.Ct. Rep. 47; Goodwin v. Glasgow Corporation, 16 Sh.Ct. Rep. 249; Lindsay v. Wright, 19 Sh.Ct. Rep. 86; Johnston's Trustees v. Glasgow Corporation, 1912 S.C. 300; M'Diarmid v. Glasgow Housing Committee, 1917 S.C. 361; Kirkpatrick v. Maxwelltown Town Council, 1912 S.C. 288. See also Guiliani v. Smith, 1925 S.C. (H.L.) 45.

12. (1) A room habitually used as a sleeping place the surface of the floor of which is more than three feet below the surface of the part of the street adjoining or nearest to the room shall for the purposes of this Part of this Act be deemed to be a house so dangerous or injurious to health as to be unfit for human habitation if the room either

(a) Is not on an average at least seven feet in height from floor to ceiling; or

(b) Does not comply with such regulations as the local authority with the consent of the Board may prescribe for securing the proper ventilation and

lighting of such rooms and the protection thereof against dampness, effluvia, or exhalation:

Provided that if the local authority, after being required to do so by the Board, fail to make such regulations, or such regulations as the Board approve, the Board may themselves make them, and the regulations so made shall have effect as if they had been made by the local authority with the consent of the Board.

(2) A closing order made in respect of a room to which this section applies shall not prevent the room being used for purposes other than those of a sleeping place, and if the occupier of the room after notice of an order has been served. upon him fails to comply with the order, an order to comply therewith may on summary conviction be made against him.

(3) A closing order made in respect of any room to which this section applies shall not be treated as a closing order in respect of a house for the purposes of the provisions of this Part of this Act relating to demolition orders.

Cellar dwellings.-Cf. Public Health Act, 1897, sec. 74, and Burgh Police Act, 1892, sec. 172.

As to the procedure where a local authority neglects its duty under this part of the Act, see secs. 18 and 19, post. As to definition of Board, see sec. 119, post, p. 125.

13. (1) Notwithstanding anything in any local Act or bye-law in force in any burgh or district, it shall not be lawful to erect any back-to-back houses intended to be used as dwellings for the working classes, and any such house shall be deemed to be in a state so dangerous or injurious to health as to be unfit for human habitation for the purposes of the provisions of this Act:

Provided that nothing in this section shall prevent the erection or use of a house containing several dwellings in which the dwellings are placed back-to-back if the medical officer of health for the burgh or district certifies that the several dwellings are so constructed and arranged as to secure effective ventilation of all habitable rooms in every dwelling.

(2) This section shall apply to any house commenced to be erected after the 3rd day of December, 1909, except that it shall not apply to houses abutting on any streets the plans

whereof were approved by the local authority before the first day of May, 1909, in any burgh or district in which at the third day of December, 1909, any local Act or bye-laws were in force permitting the erection of back-to-back houses.

Back-to-back houses, i.e., dwellings with no through ventilation from front to back, the rear wall of the one house forming the rear wall of another fronting a parallel street.

Dwellings for the working classes. See sec. 43, post. For definition of working classes under re-housing scheme, see par. 12 (e), Fifth Schedule, p. 134, and notes to sec. 3, ante.

So dangerous or injurious, &c.-See notes to secs. 5 and 6, ante, and sec. 26, post. In the corresponding provision of the repealed Acts, viz., sec. 43 of the 1909 Act, the expression was "shall be deemed to be unfit for human habitation." Since difficulty would be experienced in proving "danger or injury "to health" arising solely from the fact that certain dwellings were "back-to-back,' "local authorities would be well advised to proceed under sec. 3 if the necessity arises of dealing with back-to-back houses. The leading cases are White v. Marylebone Burgh Council, 1915, 3 K.B. 249, and the Murrayfield Real Estates Co., Ltd. v. Edinburgh Magistrates, 1912 S.C. 217.

Obstructive Buildings.

14. (1) If a medical officer of health finds that any building within his district, although not in itself unfit for human habitation, is so situate that by reason of its proximity to or contact with any other buildings it—

(a) stops or impedes ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health; or

(b) prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings,

the medical officer of health shall represent to the local authority the particulars relating to such first-mentioned building (in this Act referred to as "an obstructive building"), stating that in his opinion it is expedient that the obstructive building should be pulled down.

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(2) Any four or more local government electors in any district or the parish council or landward committee of a parish in the district of any local authority not being a town