(c) for the revesting of the land in the local authority or their re-entry thereon, on breach of any provision in the conveyance, feu right, or lease.

(3) The local authority may also make arrangements with any body of trustees, society, or person to carry the whole or any part of the scheme into effect, upon such terms as the local authority may think expedient.

(4) The local authority shall not themselves, without the express approval of the Board, undertake the rebuilding of any premises or the execution of any part of the scheme except that they may take down any or all of the premises upon the area, and clear the whole or any part thereof, and may lay out, form, pave, sewer, and complete all such streets upon the land purchased by them as they may think fit, and all streets so laid out and completed shall thenceforth be public streets, repairable by the same authority as other streets in the district.

(5) The local authority shall in any conveyance, feu right, or lease of any part of the area which may be appropriated by the scheme for the erection of dwelling-houses for the working-classes impose suitable conditions and restrictions as to the elevation, size, and design of the houses, and the extent of the accommodation to be afforded thereby, and shall make due provision for the maintenance of proper sanitary arrange

ments.

(6) The local authority may, where they think it expedient so to do, without themselves acquiring the land, or after or subject to their acquiring any part thereof, contract with any person having such right or interest in any land comprised in the scheme as may be sufficient to enable him to do so for the carrying of the scheme into effect by him in respect of such land.

(7) Where any premises or any part of any premises purchased by the local authority in pursuance of a scheme are not closed by a closing order, and are occupied by any tenant whose contract of tenancy is for less than a year, the local authority, if they require him to give up possession of such premises or part for the purpose of pulling down the premises, may make to the said tenant a reasonable allowance on account of his expenses in removing.

Once an improvement scheme has been duly confirmed, the

local authority have no option in the matter. If they do not proceed with the execution of the scheme, the Board can interfere under secs. 34, 39, 40, or 41. The view that it should be regarded as the exception rather than the rule that the local authority should themselves execute the details of the scheme is doubtless in consonance with the ideas which prevailed in 1890, but the present policy tends to encourage local authorities to do the work themselves rather than to sell or lease the land or rely upon bodies of trustees, societies, or other " persons."

Person. Includes "body corporate."

Interpretation Act, 1889, sec. 2.-As to Public Utility Societies, &c., see secs. 57, 73, and 119, post.

34. (1) If within five years after the removal of any buildings on the land set aside by any improvement or reconstruction scheme confirmed under this Part of this Act as sites for dwelling-houses for the working classes, the local authority have failed to sell, feu, or let the land for the purposes prescribed by the scheme, or have failed to make arrangements for the erection of such houses, the Board may order the land to be sold or feued.

(2) The order shall require the land to be sold or feued by public auction or public tender, with full power to fix a reserve price or feu-duty subject to the conditions imposed by the scheme and to any modifications thereof which may be made in pursuance of this Part of this Act, and to a special condition on the part of the purchaser or feuar to erect upon the land houses for the working classes, in accordance with plans to be approved by the local authority, and subject to such other reservations and regulations as the Board may deem necessary.

The interval of five years provided by this section is so disproportionately long that, even under the conditions prevailing when the 1890 Act was passed, the provisions must have proved valueless, except perhaps in an area of rapidly declining population. Under present conditions the Board would exercise their powers under secs. 40 and 41, post, long before the lapse of five years.

Working classes. See par. 12 (e), Fifth Schedule, p. 134.

35. The Board, on the application of the local authority and on its being proved to their satisfaction that an improvement can be made in the details of any improvement or reconstruction scheme confirmed under this Part of this Act, may permit the local authority to modify any part of the scheme

either by the abandonment of any part thereof which it may appear inexpedient to carry into execution or by amending or adding to the scheme in matters of detail in such manner as appears to the Board expedient, but any part of the scheme respecting the provision of dwelling-houses for the working classes when so modified shall be such as might have been inserted in the original scheme.

But for this section an improvement scheme would be too rigid, and there would be no method of effecting such modifications in the original scheme as changing circumstances or growing experience might dictate. It is to be observed, however, that the section only provides for alterations "in details." Although the Act is silent on the point, an owner, occupier, or lessee, or other interested party affected by any amendment or addition to the scheme, should receive the same consideration as is provided by secs. 30 and 101, which make provision for the interests of owners, lessees, and occupiers generally. Sec. 31 (6), ante, provides for the local authority serving a notice of any order made by the Board upon all persons interested. The direction in sub-sec. (6) would cover an amended order.

36. Upon the purchase by the local authority of any lands required for the purpose of carrying into effect any improvement or reconstruction scheme under this Part of this Act, all rights of way, rights of laying down or of continuing any pipes, sewers, or drains on, through, or under such lands, or part thereof, and all other rights or servitudes in or relating to such lands, or any part thereof, shall, save as hereinafter provided, be extinguished, and all the soil of such ways, and the property in the pipes, sewers, or drains shall vest in the local authority, subject to this provision, that compensation shall be paid by the local authority to any persons or bodies of persons proved to have sustained loss by this section, and such compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919:

Provided that any such scheme may, with the consent of the person or body of persons entitled to any such right or servitude, provide for any exceptions, restrictions, or modifications in the application of this section to that right or servitude, and this section shall take effect subject to any such exceptions, restrictions, or modifications.

E

The effect of the original section (1890, sec. 22) was to ex

tinguish the right of servitude absolutely, but since 1909 it has been open for provision to be made in the improvement scheme for the protection of any such rights. It is quite conceivable that the local authority themselves may have a right of servitude of some sort over the lands to be acquired. Vide Oban Town Council v. Callander and Oban Railway, 19 R. 912. Vide also the Telegraph Act, 1878 (41 & 42 Vict. c. 76). As to the considerations which will apply in assessing compensation for extinction of servitudes, see the Acquisition of Land (Assessment of Compensation) Act, 1919, p. 322, post. No consideration can be taken of loss of trade or diminution in value of goodwill of a business carried on at the property enjoying the servitude (Harvey v. London County Council, 1909, 1 Ch. 528). The section would apply not only to servitudes actually existing, but also to those in process of being acquired (Barlow v. Ross, 1890, 24 Q.B.D. 381). See also Badham v. Morris, 1882, 45 L.T. (N.S.) 579; Swainston v. Finn and Metropolitan Board of Works, 1883, 52 L.J. Ch. 235.

Provisions as to Compensation.

37. (1) Where land included in any improvement or reconstruction scheme made under this Part of this Act or the corresponding provision of any Act repealed by this Act (other than land included in such a scheme only for the purpose of making the scheme efficient and not on account of the sanitary condition of the premises thereon or of those premises being dangerous or prejudicial to health) is acquired compulsorily, the compensation to be paid for the land, including any premises thereon which are specified in the scheme as being in an insanitary condition or dangerous or prejudicial to health, shall be the value at the time when the valuation is made of the land as a site cleared of buildings and available for development in accordance with the building regulations for the time being in force in the district:

Provided that, if in the opinion of the Board it is necessary that provision should be made by the scheme for the rehousing of persons of the working classes on the land or part thereof when cleared, or that the land, or a part thereof, when cleared should be laid out as an open space, the compensation payable to all persons interested in any land included in the scheme (other than as aforesaid) including any premises thereon, which are specified in the scheme as being in an insanitary condition or dangerous or prejudicial to

health, for their respective interests in such land or premises, shall be reduced by an amount ascertained as follows:

(a) the value of the whole of the land included in the
scheme shall first be ascertained on the basis of
its value as a cleared site available for develop-
ment, in accordance with the building regulations
in force in the district;

(b) the value of the whole of the said land shall next be
ascertained on the basis of its value as a cleared
site subject to the requirements of the scheme as
to the provision to be made for the rehousing of
persons of the working classes or the laying out of
open spaces on the land or any part thereof;
(c) the difference between the amounts ascertained under
paragraphs (a) and (b) shall then be computed;
(d) the amount by which the compensation payable
for the respective interests in the land or premises
to which the foregoing provisions of this section
apply, as ascertained in accordance with the prin-
ciple laid down in those provisions, is to be reduced,
shall be a fraction thereof equal to the amount
arrived at under paragraph (c) when divided by
the amount arrived at under paragraph (a).

(2) Subject as aforesaid, the compensation to be paid for such land or premises shall be assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(3) In the case of land and premises included in an improvement or reconstruction scheme only for the purpose of making the scheme efficient and not on account of the sanitary condition of the premises thereon or of those premises being dangerous or prejudicial to health, the compensation to be paid shall be assessed in accordance with the rules contained in Part I. of the First Schedule to this Act.

Sec. 7 of the Acquisition of Land (Assessment of Compensation Act, 1919 (see Appendix II., p. 322), provided that nothing in that Act relating to the rules for assessing compensation (i.e., sec. 2) should affect the provisions on that subject contained in Parts I. or II. of the Housing of the Working Classes Act, 1890, if and so far as the provisions in Parts I. or II. were inconsistent with the rules under the Act of 1919. This provision, excluding the rules of the Acquisition of Land (Assess