(6) Any owner of or other person interested in premises on which an annuity has been charged by any such charging order shall at any time be at liberty to redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement determined by the Board.

sec. 96

No form of charging order has been prescribed. Rent charge.-The definition in the Act of 1890, (13), translated " quit rents, charges incident to tenure, and "' into "feu-duties, casualties,

tithe commutation rent charge " and teinds." See Public Health (Scotland) Act, 1897, secs. 20, 25, 26, 39, 150, 153, and 154. These are merely personal claims against the property owner. See also Burgh Police Act, 1892, secs. 327 to 332, under which the claim is a personal one, and the Agricultural Holdings (Scotland) Act, 1923, sec. 21, where compensation for improvement is made a charge heritably secured.

Improvement of Land Act, 1864.-An Act to amend and consolidate the law relating to the improvement of land by owners of limited interests, and to enable such owners to charge their lands with money subscribed for the construction of railways and navigable canals which will permanently increase the value of such lands; amended by 40 & 41 Vict. c. 31, sec. 5; 45 & 46 Vict. c. 38, secs. 30 and 64; 53 & 54 Vict. c. 69, sec. 13; 62 & 63 Vict. c. 46, secs. 5 and 8 and Schedule Five; 60 & 61 Vict. c. 38, sec. 123; 11 & 12 Geo. V. c. 58, sec. 36 and Schedule C; 13 & 14 Geo. V. c. 34, secs. 3 and 5.

23. (1) The superior of any lands and heritages may give notice of his right of superiority to the local authority, and thereupon the local authority shall give the superior notice of any proceedings taken by them in pursuance of this Part of this Act in relation to such lands and heritages.

(2) If it appears to the Sheriff on the application of the superior that default is being made in the execution of any works required to be executed on such lands and heritages in respect of which a closing order has been made or in the demolition of a building on such lands and heritages or in claiming to retain any site, in pursuance of this Part of this Act, and that the interests of the applicant will be prejudiced by such default and that it is just to make the order, the Sheriff may make an order empowering the applicant forthwith to enter on the lands and heritages, and within the time fixed by the order to execute the said works, or to demolish the building or to claim to retain the site as the case may be.

(3) The Sheriff may in any case by order enlarge the time within which a claim may be made to retain the site of a building.

(4) Before an order is made under this section notice of the application shall be given to the local authority.

Proceedings in pursuance of Part I., i.e., in relation to closing orders, sec. 8; demolition orders, sec. 10; obstructive buildings, sec. 14. See sec. 3 (6), ante, as to the service of notice to repair any house not reasonably fit for human habitation on persons having right or interest superior to that of

owner.

11.

Works required to be executed-i.e., under secs. 8, 10, and

24. (1) The power of making and enforcing bye-laws under section seventy-two of the Public Health (Scotland) Act, 1897, with respect to houses or parts of houses which are let in lodgings or occupied by members of more than one family, shall, in the case of houses intended for the working classes, extend to the making and enforcing of bye-laws imposing any duty (being a duty which may be imposed by the bye-laws and which involves the execution of work) upon the owner within the meaning of the said Act of the said house, in addition to or in substitution for any other person having an interest in the premises, and prescribing the circumstances and conditions in and subject to which any such duty is to be discharged.

(2) For the purpose of discharging any duty so imposed the owner or other person may at all reasonable times enter upon any part of the premises, and section one hundred and five of this Act shall apply as if for the reference to the provisions of this Part of this Act there were substituted a reference to the provisions of such bye-laws and as if the person on whom such duty is imposed were the owner, and any inmate of the premises were the occupier of a dwelling-house.

(3) Where an owner or other person has failed to execute any work which he has been required to execute under the bye-laws, the local authority may, after giving to him not less than twenty-one days' notice in writing, themselves execute the works and recover the costs and expenses, and for that purpose the provisions of section three of this Act,

D

with respect to the execution of works and the recovery of expenses by local authorities, shall apply with such modifications as may be necessary.

(1) Weatheritt v. Cantlay, 1901, 2 K.B. 285; Kyffin v. Simmons, 1903, 67 J.P. 227; Arlidge v. Borough of Islington, 1909, 2 K.B. 127.

Public Health Act, 1897, sec. 72.-The following are the matters regarding which a local authority can under sec. 72 of the Public Health (Scotland) Act, 1897, make bye-laws:

(a) For fixing the number of persons who may occupy a house or part of a house which is let in lodgings or occupied by members of more than one family;

(b) for the registration of houses so let or occupied;

(c) for the inspection of such houses;

(d) for enforcing sufficient privy or water-closet accommodation and other appliances and means of cleanliness in proportion to the number of lodgers or occupiers, drainage for such houses, and for promoting cleanliness and ventilation in such houses, and for the cleansing and ventilation of the common passages and staircases;

(e) for the cleansing and limewashing at stated times of the premises;

(f) for the giving of notices and the taking of precautions in case of any infectious disease.

Regarding infectious diseases, see the Infectious Disease (Notification) Act, 1889 (52 & 53 Vict. c. 72), which by sec. 44 of the Public Health (Scotland) Act, 1897, is extended to the whole of Scotland, whether it has or has not been adopted. See also the Public Health (Infectious Disease Carriers) Regulations (Scotland), 1921.

The bye-laws referred to are applicable under this section only to dwelling-houses intended for the working classes but not to common lodging-houses; that is to say, lodging-houses where the let is merely by the night. On the question of liability for overcrowding, vide Home v. Local Authority of Kelso, 1876, 3 Couper, 239.

25. Nothing in this Part of this Act shall prejudice or interfere with the right or remedies of any owner for the breach, non-observance, or non-performance of any contract or obligation entered into by a tenant or lessee in reference to any dwelling-house in respect of which an order is made by a local authority under this Part of this Act; and if any owner is obliged to take possession of any house in order to comply with any such order, the taking possession shall not affect his right to avail himself of any such breach, non

observance, or non-performance that may have occurred prior to his so taking possession.

Compare sec. 3 (7), ante.

The effect of this section is to

leave the position of the landlord and tenant inter se unaffected by any proceedings under this part of the Act.

Cf. Gilliland v. Ayr County Council, 1907, 15 S.L.T. 21; Glasgow Corporation v. Miller, 1904, 12 S.L.T. 357.

PART II.

IMPROVEMENT AND RECONSTRUCTION SCHEMES.

Improvement Schemes.

26. (1) Where an official representation is made to a local authority as respects any area in the district of the local authority either

(a) that any houses, courts, or alleys within the area are unfit for human habitation; or

(b) that the narrowness, closeness, and bad arrangement, or the bad condition of the streets and houses or groups of houses within the area, or the want of light, air, ventilation, or proper conveniences, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings in the area or of the neighbouring buildings;

and that the most satisfactory method of dealing with the evils connected with such houses, courts, or alleys, and the sanitary defects in the area, is a scheme (hereinafter referred to as "an improvement scheme ") for the rearrangement and reconstruction of the streets and houses within the area, or of some of such streets or houses, the local authority shall take such representation into their consideration, and, if satisfied of the truth thereof, and of the sufficiency of their resources, shall pass a resolution to the effect that the area is an unhealthy area, and that an improvement scheme ought to be made in respect of the area, and after passing such resolution they shall forthwith proceed to make a scheme for the improvement of the area.

(2) Any number of such areas may be included in one improvement scheme.

(3) Save as herinafter provided the provisions of this Part of this Act relating to improvement schemes shall not apply to a district other than a burgh:

Provided that it shall be lawful for the local authority of