1890, ss. 35, 95 (3). Any dwelling-house, i.e. a specific house. That it is advisable to deal separately with each house in a tenement appears to follow from the decision in M'Diarmid v. Glasgow Housing Committee, 1917, S.C. 361. Representation.-See 1890, s. 5 (Housing Code, s. 6). An alternative method of dealing with the situation described in this section may be found in the "nuisance " provisions of the Public Health Act, ss. 16 et seq. Cf. Lang v. Fleming's Trustees, 10 Sh.Ct.Rep. 47; Morgan v. Glasgow Corporation, 15 Sh.Ct. Rep. 40; Lindsay v. Wright, 19 Sh.Ct. Rep. 86. No provision is made, it will be observed, for default on the part of the medical officer. Inquiries.-See 1890, s. 85 (Housing Code, s. 102). Appeal against Order of Local Authority. 30. (1) Any person aggrieved by an order of the local authority under this part of this Code, may appeal against the same to the Sheriff, and no work shall be done nor proceedings taken under any order until after the appeal is determined or ceases to be prosecuted. (2) Provided that (a) Notice of appeal may be given within one month after notice of the order of the local authority has been served on such person; (b) The court shall, at the request of either party, state the facts specially for the determination of the Court of Session, in which case the proceedings may be removed into that court. [1890, ss. 35 and 95 (3).] Person aggrieved.-See Robinson v. Curry, 1881, 7 Q.B.D. 465, at 471. The term includes any person who would have had sufficient title to maintain an action if the local authority had acted ultra vires. The orders against which a person aggrieved can appeal under this section include (1) orders to abate under 1890, s. 34 (2) (Housing Code, s. 26); (2) orders granting a charge under 1890, s. 36 (1) (Housing Code, s. 31; and (3) orders to abate under 1890, s. 38 (10) (Housing Code, s. 32). Appeals against closing and demolition orders are separately pro- By 1909, s. 53 (14), it is provided that an appeal under Charging Orders. 31. (1) Where any owner has completed in respect of any 1890, s. 36. dwelling-house any works required to be executed by an order of a local authority under this part of this Code, 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 costs of obtaining the charging order which have been properly incurred, shall make an order accordingly, charging on the dwelling-house an annuity to repay the amount. (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 1890, s. 96 owner named in such order, his heirs, executors, or assignees. (3) Every such annuity 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 granted by deed out of the dwelling-house by the owner thereof. (11). (4) Any owner of or other person interested in a dwelling- 1909, s. 19. house on which an annuity has been charged by a charging order made under this section 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. (5) Every charge created by a charging order under this part 1890, s. 37. of this Code shall be a charge on the dwelling-house specified 1909, s. 20. in the order having priority over all existing and future estates, interests, and incumbrances, with the exception of feu duties, casualties, teinds, charges on the dwelling-house created or arising under any provisions of the Public Health (Scotland) 1909, s. 53 (3). Act, 1897, or under any provisions in any local Act authorising 1890, s. 37 (2). 1890, s. 95 (1). a charge for recovery of expenses incurred by a local authority, and any charge created under any Act authorising advances of public money; and where more charges than one are charged under this part of this Code on any dwelling-house such charges shall, as between themselves, take order according to their respective dates. (6) A charging order shall be conclusive evidence that all notices, acts, and proceedings by this part of this Code directed with reference to or consequent on the obtaining of such order, or the making of such charge, have been duly served, done, and taken, and that such charge has been duly created, and that it is a valid charge on the dwelling-house declared to be subject thereto. (7) The benefit of any such charge may be from time to time transferred in like manner as a bond and disposition in security or rent charge may be transferred. (8) All charging orders shall be recorded in the appropriate register of sasines. [1890, ss. 36, 37, 95 (1), 96 (12) (13); 1909, ss. 19, 20, 53.] (1) Works required to be executed.-E.g., under 1909, s. 15, or 1919, s. 25 (1) and (2). (Housing Code, ss. 27 and 28). Until 1919, when s. 15 was expressly made part of Part II. by virtue of 1919, s. 30 (2), the present section had no effect (except perhaps as regards charging orders made prior to 1890), since no order can be made under Part II. of the Act of 1890, requiring works to be "erected." See Arlidge v. Scarse, 1915, 3 K.B. 325. 66 (3) Rent charge. See definition in 1890, s. 96 (13), which translates "" quit rents, charges, incident to tenure, "and tithe commutation rent charge," into "feu-duties, "casualties, and teinds." (5) See Public Health Act, 1897, ss. 20, 25-26, 39, 150, 153, and 154. These are merely personal claims against the property owner. See also Burgh Police Act, 1892, ss. 327-332, under which the claim is a personal one, and the Agricultural Holdings (Scotland) Act, 1908, ss. 13-16, where compensation for improvements is made a charge heritably secured. 1890, s. 38 and Obstructive Buildings. POWERS AND DUTIES OF LOCAL AUTHORITY. 32. (1) If a medical officer of health finds that any builds. 94 (2), (3). ing within his district, although not in itself unfit for human habitation, is so situate that by reason of its proximity to or 1909, Sch. II. contact with any other buildings it causes one of the following effects, that is to say (a) It 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) It 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; in any such case, the medical officer of health shall represent to the local authority the particulars relating to such first-mentioned building (in this Code referred to as "an obstructive "building") stating that in his opinion it is expedient that the obstructive building should be pulled down. (2) Any four or more inhabitant householders of a district may make to the local authority of the district a representation as respects any building to the like effect as that of the medical officer under this section. (3) The local authority on receiving any such representation as above in this section mentioned shall cause a report to be made to them respecting the circumstances of the building and the cost of pulling down the building and acquiring the land, and on receiving such report shall take into consideration the representation and report, and if they decide to proceed, shall cause a copy of both the representation and report to be given to the owner of the lands on which the obstructive building stands, with notice of the time and place appointed by the local authority for the consideration thereof; and such owner shall be at liberty to attend and state his objections, and after hearing such objections the local authority shall make an order either allowing the objection or directing that such obstructive building shall be pulled down, and such order shall be subject to appeal in like manner as an order of demolition of the local authority under the foregoing provisions of this part of this Code. (4) Where an order of the local authority for pulling down an obstructive building is made under this section and either no appeal is made against the order, or an appeal is made and either fails or is abandoned, the local authority shall be authorised to purchase the lands on which the obstructive building is erected in like manner as if they had been authorised by a special Act to purchase the same; and for the purpose of such 1909, s. 28 (1). purchase the provisions of the Lands Clauses Acts, with respect to the purchase and taking of lands otherwise than by agreement shall be deemed to be incorporated in this part of this Code (subject, nevertheless, to the provisions of this part of this Code), and for the purpose of the provisions of the Lands Clauses Acts this part of this Code shall be deemed to be the special Act, and the local authority to be the promoters of the undertaking, and such lands may be purchased at any time within one year after the date of the order, or if it was appealed against after the date of the confirmation. (5) The owner of the lands may within one month after notice to purchase the same is served upon him declare that he desires to retain the site of the obstructive building, and undertake either to pull down or to permit the local authority to pull down the obstructive building, and in such case the owner shall retain the site and shall receive compensation from the local authority for the pulling down of the obstructive building. (6) The amount of such compensation, and also the amount of any compensation to be paid on the purchase of any lands under this section, shall in case of difference be settled by arbitration in manner provided in this part of this Code. (7) The amount of any compensation payable under this section shall, when settled by arbitration in manner provided by this section, be apportioned by the arbiter between any persons having an interest in the compensation in such manner as the arbiter determines. (8) Where the local authority is empowered to purchase land compulsorily, it shall not be competent for the owner of a house or other building or manufactory to insist on his entire holding being taken, where part only is proposed to be taken as obstructive, and where such part proposed to be taken can, in the opinion of the arbiter to whom the question of disputed compensation is submitted, be severed from the remainder of the house or other building or manufactory without material detriment thereto, provided that compensation may be awarded in respect of the severance of the part so proposed to be taken in addition to the value of that part. (9) Where in the opinion of the arbiter the demolition of an obstructive building adds to the value of such other buildings as are in that behalf mentioned in this section, the arbiter shall apportion so much of the compensation to be paid for the demolition of the obstructive building as may be equal to the |