ings taken by them in pursuance of this part of the Code in relation to such dwelling-house. (2) If it appears to the Sheriff on the application of any owner of the dwelling-house that default is being made in the execution of any works required to be executed on any dwellinghouse in respect of which a closing order has been made, or in the demolition of any building or any dwelling-house, or in claiming to retain any site in pursuance of this part of the Code, 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 dwelling-house, 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, and where it seems to the Sheriff just so to do, the Sheriff may make a like order in favour of any other owner. (3) The Sheriff may in any case by order enlarge the time within which a claim may be made to retain the site of the building. (4) Before an order is made under this section notice of the application shall be given to the local authority. [1890, ss. 47, 96 (10); 1909, Sch. VI.] This section is for the most part superseded as regards Scotland by the next section, but it is nevertheless applicable to Scotland. Superior's Rights and Duties. 40. (1) The superior of any lands and heritages may give 1890, s. 97. notice of his right of superiority to the local authority, and 1909, Sch. VI. thereupon the local authority shall give such superior notice of any proceedings taken by them in pursuance of Part II. of this Code in relation to such lands and heritages; (2) If it appears to the Sheriff, on the application of such 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 Part II. of this Code, 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 1909, s. 21. 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. [1890, s. 97; 1909, s. 21, Sch. VI.] See note to previous section. (1) Proceedings in pursuance of Part II.-1.e., in relation to Closing Orders (s. 24); Demolition Orders (s. 26); Obstructive Buildings (s. 32); and Reconstruction Schemes (s. 33). (2) Works required to be executed.-I.e., under 1909, s. 15, or 1919, s. 25 (Housing Code, ss. 27-28, and including also, probably, works necessary to render the house fit for habitation in order that the local authority, instead of making a demolition order, may be induced to determine the closing order (Housing Code, s. 24 (6)). 1890, s. 48. 1890, s. 49. Miscellaneous. 41. Nothing in this part of this Code shall prejudice or interfere with the right or remedies of any owner for the breach, non-observance, or non-performance of any covenant or contract entered into by a tenant or lessee in reference to any dwellinghouse in respect of which an order is made by a local authority under this part of the Code; and if any owner is obliged to take possession of any dwelling-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 nonperformance that may have occurred prior to his so taking possession. [1890, s. 48.] Compare 1909, s. 15 (9) (Housing Code, s. 27). 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 Code. Cf. Gilliland v. Ayr County Council, 1907, 15 S.L.T. 21; Glasgow Corporation v. Miller, 1904, 12 S.L.T. 357. 42. (1) Where the owner of any dwelling-house and his residence or place of business are known to the local authority, it shall be the duty of the clerk of the local authority, if the residence or place of business is within the district of such local authority, to serve any notice by this part of the Code required to be served on the owner, by giving it to him, or for him, to some inmate of his residence or place of business within the district; and in any other case it shall be the duty of the clerk of the local authority to serve the notice by post in a registered letter addressed to the owner at his residence or place of business. (2) Where the owner of the dwelling-house or his residence or place of business is not known to, and after diligent inquiry cannot be found by, the local authority, then the clerk of the local authority may serve the notice by leaving it, addressed to the owner, with some occupier of the dwelling-house, or if there be not an occupier, then by causing it to be put up on some conspicuous part of the dwelling-house. (3) Notice served upon the agent of the owner shall be deemed notice to the owner. (4) Any notice required to be served under Part II. of the Code upon an owner shall, notwithstanding anything in this section, be deemed to be sufficiently served if it is sent by post in a registered letter addressed to the owner or his agent at his usual or last known residence or place of business. [1890, s. 49; 1903, s. 13 (1).] This section is extended to apply to the circumstances dealt with by 1909, s. 15, by sub-section (8) of that section (Housing Code, s. 27). Owner. See Housing Code, s. 10. Service of notices.-See Housing Code, s. 10. 43. Where in any proceedings under this part of this Code it is necessary to refer to the owner of any dwelling-house, it shall be sufficient to designate him as the "owner" thereof without name or further description. [1890, s. 50.] See 1909, s. 15 (8); 1919, s. 30 (2) (Housing Code, s. Owner. For definition, see Housing Code, s. 10, and 1903, s. 13 (1). 1890, s. 50. 44. (1) If any person being the occupier of any dwelling- 1890, s. 51. house prevents the owner thereof, or being the owner or occupier of any dwelling-house prevents the medical officer of health, or the officers, agents, servants, or workmen of such owner or officer from carrying into effect with respect to the dwellinghouse any of the provisions of this part of this Code, after notice of the intention so to do has been given to such person, any court of summary jurisdiction on proof thereof may order such person to permit to be done on such premises all things requisite for carrying into effect, with respect to such dwelling-house, the provisions of this part of this Code. (2) If at the expiration of ten days after the service of such. order such person fails to comply therewith, he shall for every day during which the failure continues be liable on summary conviction to a fine not exceeding twenty pounds: Provided that if any such failure is by the occupier, the owner, unless assenting thereto, shall not be liable to such fine. [1890, s. 51.] See also 1909, ss. 16, 17 (4), and 36 (Housing Code, ss. 81, 24, 120) for other powers of compulsitor, and contrast Public Health Act, 1897, ss. 162-163, and Burgh Police Act, 1892, s. 333. See further 1919, s. 24. As to summary conviction, see also 1890, s. 95 (4). PART III. PROVISION OF DWELLINGS FOR THE WORKING CLASSES. Definitions, s. 45. Housing Schemes ARRANGEMENT OF SECTIONS. Duty of Local Authority to prepare and carry out schemes, ss. 4647. Powers of Local Authority, s. 48. Acquisition of Land General powers and procedure, ss. 49-51. Detailed powers and purposes for which land may be acquired, 8. 52. Powers of dealing with land acquired, s. 53. Powers to Erect Lodging Houses, s. 54. Transfer of Existing Lodging Houses to Local Authority, s. 55. Expenses and borrowing generally, ss. 59-60. Loan by Public Works Loan Commissioners to companies, societies and persons, s. 61. Loans to Public Utility Societies by Public Works Loan Com- Powers of Local Authorities as to promoting and assisting Public Treasury assistance to Public Utility Societies and Housing Loans to private persons by Public Works Loan Commissioners, Loans to County Councils and Districts Boards of Control for housing employees, s. 65. Loans by Local Authorities to Property owners, s. 67. Power of Board to act in default of Local Authority, s. 68. Miscellaneous Provisions, ss. 69-73. Schedule A as to the Acquisition of Land, p. 149. Schedule B as to Byelaws for Management of Lodging Houses, p. 151. The improvement of existing housing having been dealt with in Parts I. and II., Part III. is devoted to the problem of the provision of additional housing accommodation. The gradual recognition of the insuffi |