heritable security; and advances may be made by instalments from time to time as the building of the houses on the land burdened with the heritable security progresses, so that the total of the advances does not at any time exceed the amount last mentioned, and a heritable security may accordingly be made to secure advances so to be made from time to time. [1919, s. 18.] See Housing Code, s. 61, as to such advances. As to Heritable Securities, see Housing Code, s. 62. 1919, s. 6. 1919, s. 7. Loans to County Councils and District Boards for 66. (1) Where money is borrowed by a County Council for the purpose of the provision of houses for persons in the employment of, or paid by the county council or a district committee, or of acquiring land for such houses, the maximum period for repayment shall be eighty years, and as respects money so borrowed, eighty years shall be substituted for thirty years in s. 67 (2) of the Local Government (Scotland) Act, 1889. (2) Where a loan is made by the Public Works Loan Commissioners to a County Council for the purpose aforesaid, it shall be made on the same terms and conditions as a loan to a local authority for the purposes of the Housing Acts. (3) This Code shall apply for the purpose of the provision of houses for persons in the employment of or paid by a district Board of Control under the Lunacy (Scotland) Acts, 1857 to 1913, as it applies for the purpose of the like provision for persons in the employment of, or paid by, a County Council. [1919, ss. 6 and 7.] By the Local Government (Scotland) Act, 1908 [52 & 53 Vict. c. 50], s. 3 (1) (c), County Councils are authorised, subject to the conditions therein stated, to provide dwellings for constables and road workmen. By s. 4 provision is made for defraying the expense. The Local Government (Scotland) Act, 1889, s. 67, narrates the borrowing powers of County Councils, and by sub-section (2) the maximum period for the repayment of loans is fixed at thirty years. (2) Loans for purposes of Housing Acts.-See Housing Code, s. 94 (1909, s. 3). Lunacy (Scotland) Acts, 1857 to 1913, are defined by the Mental Deficiency Act, 1913, s. 75 (2), as including— (a) The Lunacy (Scotland) Acts, 1857 to 1887 (i.e., 20 c. 51; 34 & 35 Vict. c. 55; 50 & 51 Vict. c. 39). (b) The Lunacy Board (Scotland) Act, 1864. (c) The Prisons (Scotland) Act, 1877, ss. 61 to 63. (d) The Lunacy Board (Scotland) Salaries and Clerks Act, (e) The Mental Deficiency and Lunacy (Scotland) Act, Loans by Local Authorities to Property Owners. 67. (1) Where the owner of a house or building applies to 1919, s. 19. the local authority of the district in which the house or building is situated for assistance for the purpose of carrying out works for the reconstruction, enlargement, or improvement of the house or building, and the authority are of opinion that after the works are carried out the house or building would be in all respects fit for habitation as a house or houses for the working classes, and that the circumstances of the district in regard to housing accommodation are such as to make it desirable that the works should be carried out, the authority may lend to the owner the whole or any part of such sum as may be necessary to defray the cost of the works, and any costs, charges, or expenses incidental thereto: Provided that the loan shall not exceed one-half of the estimated value of the property to be burdened with the heritable security for the loan, unless some additional or collateral security is given sufficient to secure the excess. (2) Before the works are commenced, full particulars of the works, and, when required by the local authority, plans and specifications thereof, shall be submitted to the authority for their approval, and before any loan is made the authority shall satisfy themselves that the works in respect of which the loan is to be made have been carried out in a satisfactory and efficient manner. (3) The raising of money for the purpose of making a loan under this section shall be a purpose for which the local authority may borrow for the purposes of Part III. of this Code. (4) For the purposes of this section, "owner" includes joint owner, fiar, feuar, and lessee under a lease recorded under the Registration of Leases (Scotland) Act, 1857, whereof a period of not less than ten years in excess of the period fixed L for the repayment of the loan remains unexpired at the date of the loan. [1919, s. 19.] It is to be noted that the consent of the Board is not required under this section, and that, from expressions used in sub-section (2), the works must be carried out before the loan is made. It is somewhat singular that a point of such importance is introduced parenthetically. Heritable securities will be in the form of ordinary bonds and dispositions in security, or bonds and assignations in security (in the case of leases registered under the Registration of Leases (Scotland) Act, 1857). Nothing is said, however, as to whether, in the case of a county divided into districts, the title to the security is to be taken in the name of the County Council or the District Committee. The disabilities of District Committees in regard to rating, borrowing, and incurring capital expenditure should be kept in view in exercising the powers conferred by this section. 1919, s. 3. Power of Board to Act in Default of Local Authority. 68. (1) Where the Board are of opinion that a local authority have failed, or in cases where a joint scheme has been, or, in the opinion of the Board, ought to be prepared, the local authorities concerned have failed to fulfil their duty as to the preparation of schemes under s. 46 of this Code, or their obligations under any such scheme, the Board may cause a public local inquiry to be held by a person appointed by the Board, not being a member of the Board, or in their employment, and if after the inquiry the Board are satisfied that there has been such a failure on the part of the local authority or authorities concerned, the Board may themselves prepare and carry into execution a scheme, or take such steps as may be necessary to carry into execution any scheme prepared by the local authority or by two or more local authorities jointly, and shall for that purpose have all the powers of a local authority under the Housing Acts, and those Acts shall, with the necessary modifications and adaptations, apply accordingly. 2. Any expenses incurred by the Board in the exercise of such powers as aforesaid shall, in the first instance, be paid out of moneys provided by Parliament, but the amount certified by the Board to have been so expended, and to be properly payable by a local authority, shall on demand be paid to the Board by the local authority, and shall be recoverable as a debt due to the Crown, and the payment of the sum so payable to the Board shall be a purpose for which the local authority may borrow under Part III. of this Code. [1919, s. 3.] In view of the drastic nature of the powers hereby conferred on the Board, a safeguard against hasty action is provided by the requirement of an inquiry by an independent person. As to such inquiries, see 1890, s. 85; 1909, s. 53 (9) (Housing Code, s. 102); and the Local Government (Scotland) Act, 1894, ss. 39 (2) and 25 (8). Where the Board are themselves acting as the housing authority, they are not subject to the jurisdiction of the local authority or Dean of Guild Court in regard to building regulations (1919, s. 21 (2); Housing Code, s. 106). Power of Employers to Provide Housing for 69. Any railway company, or dock or harbour company, or 1890, s. 68. any other company, society, or association, established for trading or manufacturing purposes in the course of whose business or in the discharge of whose duties persons of the working class are employed, may and are hereby (notwithstanding any Act of Parliament, or charter, or any rule of law or equity to the contrary) authorised at any time to erect, either on their own land or on any other land (which they are hereby authorised to purchase and hold for the purpose, and to pay for out of any funds at their disposal), dwellings for the accommodation of all or any of the persons of the working class employed by them. s. 14. [1890, s. 68.] Persons of the working classes.-See Housing Code, Authorised to purchase.-I.e., by agreement only. Water and Gas Supply on Favourable Terms. 70. Any commissioners of waterworks, trustees of water- 1890, s. 69. works, water companies, gas companies, and other corporations, bodies, and persons having the management of any waterworks, reservoirs, wells, springs, or streams of water, and gasworks respectively, may, in their discretion, grant and furnish supplies of water or gas for lodging-houses provided under this part of this Code, either without charge or on such other favourable terms as they think fit. [1890, s. 69.] 1919, s. 20. Supply of Building Materials at Cost of Replacement. 71. Subject to any conditions prescribed by the Board with the consent of the Treasury, any bricks or other building materials which have been acquired by a Government Department for the purpose of the erection or improvement of houses for the working classes may, during a period of five years from 19th August, 1919, be sold to any person who undertakes to use the same forthwith for the purpose of erecting or improving houses for the working classes, and to comply with the said conditions at a price sufficient to cover the cost of replacement at the time of sale of the materials so sold. [1919, s. 20.] 1909, s. 35. Inhabited House Duty: Exemption of Common 72. (1) The assessment to inhabited house duty of any house occupied for the sole purpose of letting lodgings to persons of the working classes at a charge of not exceeding sixpence a night for each person, shall be discharged by the Commissioners acting in the execution of the Acts relating to the inhabited house duties, upon the production of a certificate to the effect that the house is solely constructed and used to afford suitable accommodation for the lodgers, and that due provision is made for their sanitary requirements. (2) The provisions of sub-section (2) of section twenty-six of the Customs and Inland Revenue Act, 1890, in relation to the certificate mentioned therein, shall, so far as applicable, apply to the certificate to be produced under this section. [1909, s. 35.] The Customs and Inland Revenue Act, 1890, s. 26 (2), so far as applicable, is as follows:---" a certificate "of the medical officer of health for the district in which the "house is situate, or other medical practitioner appointed as hereinafter provided, shall be produced to the Com"missioners to the effect that the house is SO con 66 structed as to afford suitable accommodation for each of "the families or persons inhabiting it, and that due pro"vision is made for sanitary requirements. The medical "officer of health of a district, on request by the person who "would be liable to pay the house duty on any house in "the district (if the duty were not discharged as aforesaid), |