limitation upon the use to which the site may be put. In most cases the identical object will be attained by the operation of building bye-laws or a town planning scheme.

As to the right of appeal to the Sheriff, see sec. 103, post. By sec. 28 of the Interpretation Act, 1889, "Sheriff" includes a Sheriff-Substitute unless otherwise provided. The right to retain the site is in addition to the owner's right to object under sec. 14. See notes on sec. 15, ante, on the right of the owner to compensation for the pulling down of the building, and not for indirect loss accruing therefrom, and as to compensation for part of a building taken and as to the principle of " better"ment."

Summary manner. The provision as to the recovery of the expenses from the owner in a summary manner is new.

(2) Open space. See secs. 37 and 86, post.

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For definition, see sec. 86. The principal statutory provisions as to open spaces are the Burgh Police Act, 1892, secs. 307, 308, and 316A, and the Burgh Police Act, 1903, secs. 44, 59, and 104 (2) (q). See also Public Parks (Scotland) Act, 1878, sec. 3, and the Local Government (Scotland) Act, 1894, secs. 24 and 25 (13) and (14). The case of Merrick v. Liverpool Corporation, 1910, 2 Ch. 449, is instructive as showing the proper course to be adopted where one and the same building is at the same time an "obstructive building " and an "unhealthy dwelling."

18. (1) Where a complaint is made to the Board—

(a) as respects the district of a local authority not being a town council by the county council, or by the parish council or landward committee of any parish comprised in the district, or by any four or more local government electors in the district; or

(b) as respects any other district by any four or more local government electors in the district;

that the local authority have failed to exercise their powers under this Part of this Act, in cases where those powers ought to have been exercised, the Board may cause a public local inquiry to be held.

(2) If, after holding such an inquiry, the Board are satisfied that there has been such a failure on the part of the local authority, it shall be lawful for the Board, with the approval of the Lord Advocate, to apply by summary petition to either Division of the Court of Session, or during vacation or recess to the Lord Ordinary on the Bills, which Division or Lord Ordinary are hereby authorised and directed to do therein,

and to dispose of the expenses of the proceedings as to the said Division or Lord Ordinary shall appear to be just.

(3) Where it appears to the Board that a local authority have failed to make, or, if made, to give effect to any order as respects an obstructive building under this Part of this Act, or have failed to cause to be made the inspection of their district required by this Part of this Act, it shall be lawful for the Board to apply by summary petition to either Division of the Court of Session, or during vacation or recess to the Lord Ordinary on the Bills, which Division or Lord Ordinary are hereby authorised and directed as in the last foregoing sub-section.

The 1909 Act, sec. 53 (11), empowered any four inhabitant householders of the district to make a complaint to the Board. See next section. Cf. secs. 38 to 41, post, for provisions as to enforcement of improvement and reconstruction schemes. See also sec. 96, post.

19. Section one hundred and forty-six of the Public Health (Scotland) Act, 1897 (prescribing the procedure if a local authority neglect their duty), shall have effect as if the duties imposed upon a local authority by sections five, eight, ten, and twelve of this Act were duties imposed by that Act.

Sec. 146 of the Public Health (Scotland) Act, 1897, is in the following terms:

'(1) If any nuisance shall exist upon or in premises possessed or managed by the local authority, or in which the local authority have any interest, or if the local authority shall fail or neglect to per"form any duty imposed upon them by this Act, or to take "all due proceedings in this Act authorised for the removal "of nuisances or preservation of health or due regulation of lodging-houses, or for any other of the purposes of this Act, "it shall be competent for any ten ratepayers residing within "the district or for a parish council, or for the procurator"fiscal of the Sheriff Court of the county, or for the Board to give written notice to such local authority of the matters in "which such neglect exists; and if the local authority do not "within fourteen days after such notice or in the case of neglect "to enforce any regulation or direction of the Board under "Part IV. of this Act within two days after such notice remove or remedy the nuisance referred to or in any other case neglect to take the steps authorised or required by or under "this Act, it shall be competent for the parties aforesaid or any one of them to apply to the Sheriff by summary petition, "and the Sheriff shall thereupon inquire into the same, and may "make such decree as shall in his judgment be required to

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"enforce the removal or remedy of the nuisance, or otherwise "to compel execution of, or carry out the provisions and purposes of this Act, and may appoint the same to be carried into "effect by and at the sight of such persons as he may think fit, and at the expense of the local authority or of other parties on whom the expense ought in his opinion to be laid, "and for payment of the expenses of such application by the petitioners, or by the local authority or other party as justice may require:

"Provided always that in regard to any nuisance for the removal of which drainage works are necessary the Sheriff may suspend consideration of the complaint for such time as may seem proper in order to enable a general system of drainage "under any general or local Act or otherwise to be carried out "the better to remove such nuisances."

""

See secs. 5, 8, 10, and 12, ante, and notes. As regards further procedure in the event of neglect of duty by a local authority, see the following Acts:-Local Government (Scotland) Act, 1889, secs. 53 (2) and 17 (2) (c); Public Health (Scotland) Act, 1897, secs. 122 (3) and 131 (3); Local Government (Scotland) Act, 1894, sec. 24 (3).

Supplemental.

20. (1) Without prejudice to the provisions of the Public Health (Scotland) Act, 1897, relating to sewers and drains, the local authority of every district other than a burgh shall require the owner of every occupied dwelling-house or part of a dwelling-house occupied by a separate family within their district to provide for each such house or part of a house a sufficient water-closet wherever it is reasonably practicable so to do, and, where that is not so practicable, a sufficient earth-closet; and if the owner fails to carry out such requirement within three months after intimation thereof, the local authority themselves may execute the necessary work, and the expenses incurred by them in so doing may be recovered by them from the owner in a summary manner.

(2) Any question which may arise under this section as to what is reasonably practicable shall be determined summarily by the Sheriff, who shall have regard to all the circumstances of the case, including the expense involved, and his decision shall be final.

(3) In this section "owner" has the same meaning as in the Public Health (Scotland) Act, 1897.

The powers referred to in this section were first conferred by sec. 41 of the 1919 Act.

Apart from that section, the only powers possessed by county authorities with regard to the provision of water-closets were those conferred by the Public Health Act, 1897, secs. 16, 29 to 31, and 181. In special scavenging districts secs. 107 to 127 and 253 to 255 of the Burgh Police Act, 1892 (as amended by the Burgh Police Act, 1903, sec. 104 (2) (b) and sec. 24) could be adopted by virtue of the Local Government (Scotland) Acts, 1894, sec. 44 (1) (b) and 1908, sec. 14.

As regards burghs, the local authority have the powers conferred by the sections of the Burgh Police Acts enumerated in the last paragraph and secs. 246 to 252 and par. (4) of Schedule Four of the Burgh Police Act, 1892.

Owner. See note to sec. 3 (8) and also sec. 119, post.

Sheriff includes Sheriff-Substitute (Interpretation Act, 1889, sec. 28).

As to service of intimation to the owner, see secs. 100 and 101, post.

21. (1) Where any owner has completed in respect of any dwelling-house any works required to be executed by an order of a local authority under this Part of this Act, he may apply to the local authority for a charging order, and shall produce to the local authority the certificate of their surveyor or engineer that the works have been executed to his satisfaction, and also the accounts of and vouchers for the costs, charges, and expenses of the works, and the local authority, when satisfied that the owner has duly executed such works, and of the amount of such costs, charges, and expenses and of the expenses of obtaining the charging order which have been properly incurred, shall make an order (in this Part of this Act referred to as a "charging order ") providing and declaring that the house is thereby charged and burdened with an annuity to repay the amount:

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

(2) The annuity charged shall be a sum of six pounds for every one hundred pounds of the said amount, and so in proportion for any less sum, and shall commence from the date of the order, and be payable for a term of thirty years to the owner named in such order, his executors or assignees.

10.

(1) Works required to be executed-e.g., under secs. 3 and

22. (1) A charging order shall be in such form as the Board may prescribe, and shall be recorded in the appropriate register of sasines.

(2) Every annuity constituted a charge by a charging order, duly recorded in the appropriate register of sasines, shall be a charge on the premises specified in the order, having priority over all existing and future estates, interests, and incumbrances with the exception of

(a) feu-duties, casualties, and teinds; and

(b) any charges on the premises created or arising under any provision of the Public Health (Scotland) Act, 1897, or any Act amending the same, or under any provision in any local Act authorising a charge for recovery of expenses incurred by a local authority; and

(c) any charge created under any Act authorising advances of public money;

and where more annuities than one are charged under this Part of this Act on any premises, such annuities shall as between themselves take order and preference according to the respective dates of the charging orders being recorded in the appropriate register of sasines.

(3) A charging order duly recorded in the appropriate register of sasines shall be conclusive evidence that all notices, acts, and proceedings by this Part of this Act directed with reference to or consequent on the obtaining of such an order or the making of such a charge have been duly served, done, and taken, and that the charge has been duly created, and that it is a valid charge on the premises declared to be subject thereto.

(4) Every annuity charged by any such charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rent charge secured upon the premises by absolute order made under and in terms of the Improvement of Land Act, 1864.

(5) A charging order and all sums payable thereunder may be from time to time transferred in like manner as a bond and disposition in security or rent charge may be transferred.