1909, ss. 53 (5) and (7). (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 s. 44 of this Code shall apply as if for the reference to the provisions of Part II. of the Code 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 sub-section (7) of the Housing Code, s. 27, with respect to the execution of works and the recovery of expenses by local authorities, shall apply as if the owner or other person were the landlord, and with such other adaptations be necessary. as may [1909, s. 16 (1), and s. 53 (3), (5), and (7).] (1) Weatheritt v. Cantlay, 1901, 2 K.B. 285; Kyffin v. Simmons, 1903, 67 J.P. 228; Arlidge v. Borough of Islington, 1909, 2 K.B. 127. Public Health Act, 1897, s. 72.-The following are the matters regarding which a local authority can under s. 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. (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 s. 44 of the Public Health (Scotland) Act, 1897, is extended to the whole of Scotland whether it has or has not been adopted. 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, Accommodation for Seasonal Workers. 82. (1) With a view to the provision of proper accommoda- 1919, s. 45. tion for seasonal workers, a local authority may, and, if required by the Board, shall make bye-laws for the whole or any part of their district in respect of the following matters: (a) Intimation to the local authority of the intention to (b) The nature and extent of the accommodation to be (i) sleeping accommodation, and separation of (ii) lighting, ventilation, cubic space, cleanliness, (iii) storage of food, washing of clothes, and dry- (iv) water-closets or privies for the separate use (v) a suitable supply of water; (c) Determining the person or persons responsible for the (d) Inspection of premises; (e) Exhibition on the premises of the bye-laws; (f) Such other matters relating to the accommodation of (2) The provisions of ss. 183 to 187 of the Public Health (Scotland) Act, 1897, shall apply to bye-laws made under this section: Provided that the Board, before they allow, disallow, or modify any bye-laws made under this section, shall consult with the Board of Agriculture for Scotland, or with the Fishery Board for Scotland, as the case may be, in so far as agricultural or fishery interests respectively are affected by such bye-laws. 1919, s. 46. (3) In cases of emergency the Board may, on the application of the Board of Agriculture for Scotland, suspend as respects the district of any local authority or part thereof, the operation of any bye-law made under this section which affects agricultural interests. (4) Without prejudice to the other provisions of this section, accommodation in accordance with the bye-laws shall, in the case of potato workers, harvesters, fruit pickers, and other seasonal workers employed on farms or fruit farms, be provided by the farmer or fruit grower: Provided that, if the provision of such accommodation involves the erection of additional buildings, the farmer or fruit grower may require the landlord to erect such buildings, on terms and conditions to be determined, failing agreement, by the Board of Agriculture for Scotland. (5) In this section the expression "seasonal workers" includes navvies, harvesters, potato workers, fruit pickers, herring gutters, and such other workers engaged in work of a temporary nature, as the Board may from time to time prescribe. [1919, s. 45.] As to housing of seasonal workers, see Report of Royal Commission, chap. xvii. (2) Public Health Act, ss. 183-187, deal with the authentication, confirmation, proof, and enforcement of bye-laws. See notes to Housing Code, s. 74. (4) The "other provisions of this section" alluded to in the opening words of this sub-section are presumably sub-section (1) (c). It is noteworthy that both the Report of the Royal Commission on Housing and the 1919 Act are silent as to the obligation to erect additional buildings for the accommodation of herring-gutters. Cleansing of Houses. 83. S. 40 of the Public Health (Scotland) Act, 1897, shall be amended by the omission of the word "such" where it first occurs, and of the words "that the health of any person is affected or endangered thereby." 66 [1919, s. 46.] S. 40 of the Public Health Act authorises a local authority, where it appears to them that any house or part thereof, or any article of bedding or clothing is in such a filthy or unwholesome condition that the health of any person is affected or endangered thereby, to require the owner to whitewash, cleanse, or purify the Further powers are conferred on Town Councils by General Provision as to Bye-laws. 84. With respect to bye-laws authorised by this Code to be 1890, s. 84. made, the provisions of the Public Health (Scotland) Act, 1897, relating to bye-laws, shall apply to such bye-laws, and a fine or penalty under any such bye-law may be recovered on summary conviction. [1890, s. 84.] See Public Health Act, 1897, ss. 183-188 inclusive. As to recovery of fines, see 1890, s. 95 (4), (Housing " For bye-laws authorised to be made," see 1890, s. 62; 1909, s. 16; 1919, ss. 42, 43, 44, 45 (Housing Code, ss. 57, 81, 74, 75, 77, 82); and also Glasgow Corporation Order, 1918 (Housing Code, s. 78). Power to Acquire Lands in Advance. 85. Where a local authority have under s. 5 of this Code 1919, s. 12. passed a resolution that an area is an unhealthy area and that an improvement scheme ought to be made in respect of such area, or have under s. 6 of this Code passed a resolution directing a scheme to be prepared for the improvement of an area, the local authority may, with the consent of and subject to any conditions imposed by the Board, acquire by agreement any lands included within the area, notwithstanding that the scheme may not at the time of acquisition have been made by the local authority, or confirmed or sanctioned by the Board; and the acquisition of such lands shall be deemed to be a purpose for which the local authority may borrow money under and subject to the provisions of Part I., or, as the case may be, Part II. of this Code. [1919, s. 12.] As to acquisition of land under Part I., see Housing Code, ss. 15-17, and under Part II., see Housing Code, ss. 32-33, and as to borrowing under Parts I. and II., see Housing Code, ss. 20 and 37. A similar provision with reference to the acquisition of land to meet anticipated requirements is applied to the purposes of Part III. by 1909, s. 2 (3) (Housing Code, 8. 49). The requirement of the consent of the Board will ensure that no speculation in land is attempted. 1903, s. 3. 1909, s. 53 (10). Re-housing Obligations. 86. Where under the powers given after 3rd December, 1909, by any local Act or Provisional Order, or Order having the effect of an Act, any land is acquired, whether compulsorily or by agreement, by any authority, company, or person, or where after that date any land is so acquired compulsorily under any general Act (other than the Housing Code), the provisions set out in Schedule B of this part of the Code shall apply with respect to the provision of dwelling accommodation for persons of the working class. [1903, s. 3; 1909, s. 53 (10).] For schedule, see p. 199. The provisions as to rehousing in the Housing Acts are unfortunately in a state of great confusion. (1) By 1890, s. 11 (Housing Code, s. 14), provision is made for rehousing in connection with improvement schemes. (2) By 1890, s. 40 (Housing Code, s. 35), similar provision is made in connection with reconstruction schemes. As the latter section was amended by 1909, s. 46 and Schedule II., these provisions must be regarded as still in force, notwithstanding the general terms of s. 86. The cases in which s. 86 applies are A. Where land is acquired, compulsorily or by agreement (1) under a Local Act; (2) under a Provisional Order; or (3) under an order having the effect of an Act. B. Where land is acquired compulsorily under any general Act (other than the Housing Acts) without a Provisional Order, or order having the effect of an Act. Headings A. (2) and A. (3) cover practically all the cases arising under the Housing Acts, and it is difficult to figure a case rendering necessary the exception under heading B., unless perhaps 1890, s. 38 (4) (Housing Code, s. 32), by which a local authority is authorised to purchase the lands on which an obstructive building is erected in like manner, as if they had been authorised by a special Act to purchase the same. 1909, s. 73. Restrictions on Acquisition of Land. (1) COMMONS, OPEN SPACES, ALLOTMENTS. 87. (1) Where any scheme or order under this Code authorises the acquisition or appropriation to any other purpose of any land forming part of any common, open space, or allotment, the scheme or order, so far as it relates to the acquisition |