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not to confirm an order for the compulsory acquisition of land even when unopposed where they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired, appears to be only reasonable.

The power granted to local authorities by section 11 authorising them to purchase and reconstruct houses and buildings so as to render them fit for habitation as houses for the working classes, is also a step in the right direction.

Section 12 grants power to local authorities to acquire in advance land included in an area in respect of which an improvement scheme is to be carried out, while section 13 enables heirs of entail to sell land for housing purposes without the necessity of obtaining the consent of the next heir and without restriction as to the extent of ground to be sold or feued. Section 14 of the Act enlarges the powers of local authorities for dealing with or disposing of land acquired under Part III. of the Act of 1890.

Finally, by section 10 of the recent Housing (Additional Powers) Act, 1919, provision is made for the acquisition of land, compulsorily or by agreement, for the purposes of garden cities, garden suburbs, or garden villages.

HOUSING CODE.

In this Code, an attempt has been made to present the existing statutory provisions, so far as applicable to Scotland, in a readily intelligible form, by effecting a quasi-consolidation of the following Acts so far as still in force:

Housing of the Working Classes Act, 1885 [48 and 49 Vict. c. 72].

Housing of the Working Classes Act, 1890 [53 and 54 Vict. c. 701.

Housing of the Working Classes Act, 1894 [57 and 58 Vict. c. 55.

Housing of the Working Classes Act, 1890; Amendment (Scotland) Act, 1896 [59 and 60 Vict. c. 31].

Housing of the Working Classes Act, 1900 [63 and 64 Vict.
c. 59].

Housing of the Working Classes Act, 1903 [3 Edw. VII. c. 39].
Housing, Town Planning, &c., Act, 1909 [9 Edw. VII. c. 44],
Parts I., III., and IV.

Housing, Town Planning, &c. (Scotland) Act, 1919 [9 & 10
Geo. V. c. 60], Parts I. and IV.

While every endeavour has been made to secure that the Code shall present an accurate and exhaustive statement of the law, it has been found in many instances, which are pointed out in the notes, that more than one opinion is possible as to the ultimate effect of a chain of repealing and amending sections. Until a codifying statute is passed, these difficulties cannot be definitely solved; and it is therefore recommended that, instead of relying implicitly upon the Code, it should be used simply as a guide to the Acts themselves, the full text of which is printed in the Appendix. In the numerous cross references which occur in the notes, only the leading provision on each topic is quoted, as the reader should have no difficulty in ascertaining any later amendments by consulting either the appropriate section of the Code or the marginal notes in the Appendix of Statutes. The table printed at page xxi. readily shows the paragraph in the Code corresponding to each section of the Acts; while each paragraph of the Code contains marginal and footnotes indicating the sections of the Acts from which it has been derived.

It is to be noted that the Housing Acts of 1900 and 1903 were confined in their application to England until 1909, when they were extended to Scotland by s. 52 of the Act of that year. For the sake of convenience, each of the Acts is referred to simply by the year in which it was passed, and the section, thus "1890, s. 51."

One of the principal difficulties encountered in interpreting the series of Acts arises from the confused state of the various provisions by which short titles are given to groups of the statutes.

By 1909, s. 76 (1), it is enacted that Part I. of the 1909 Act "shall be construed as one with the Housing of the Working Classes Acts,

1890 to 1903," and that Part I. of the 1909 Act and those Acts may be cited together as the Housing of the Working Classes Acts, 1890 to 1909. Had nothing more been said on the subject, no difficulty would have arisen; but by 1909, s. 51, it is provided that in Part I. of the 1909 Act, the expression Housing Acts means the Act of 1890, "aud any Act. amending that Act, including this Act."

The question is (a), does the expression "including this Act" mean (1) including the whole of the 1909 Act, or (2) including Part I. of the 1909 Act, or (3) including Parts I., III., and IV. of the 1909 Act? and (b) what does the expression "Housing Acts" mean when it occurs in Part IV. of the 1909 Act?

Trima facie "including this Act" ought to mean "including the whole of this Act"; and if this interpretation is the true one, many of the provisions of Part I. of the 1909 Act which refer to the "purposes of the Housing Acts" must be read into Part II. as applicable not only to housing of the working classes, but also to town planning. The sections of Part I. which refer to the "Housing Acts" are:

S. 3. Loans by Public Works Loan Commissioners.
S. 5. Application of Purchase or Compensation Money.
S. 8. Donations for Housing Purposes.

S. 36. Power of Entry.

S. 37. Reports to L.G.B. on Crowded Areas.

S. 38. Joint Action by Local Authorities.

S. 40. Sale and Disposal of Dwellings.

S. 41. Forms and Advertisements.

S. 42. Publication in Edinburgh Gazette.

S. 43. Back to Back Houses.

S. 45. Sites of Ancient Monuments.

S. 46. Minor Amendments in Housing Acts.

S. 47. Closing and Demolition Orders.

S. 53 (11). Enforcement of Execution of Parts II. and III.

S. 53 (12). Enforcement of Execution of Parts I. and II.

While many of these provisions would be useful additions to the Town Planning Code, several of them (e.g., ss. 43 and 47) have obviously no application to town planning. Moreover, in 1909, ss. 73 and 74, we find the significant expression, "under the Housing Acts or Part II. of this Act." In view of these doubts, it is thought that a local authority would not be safe, at least without the sanction of the Board, in invoking the assistance of any of the sections enumerated above, in connection with a Town Planning Scheme, with the exception of s. 45, which is expressly made applicable to town planning by 1909, s. 60 (1).

A new definition was furnished by the Act of 1919 which provides by s. 53 that "the Housing of the Working Classes Acts, 1890 to 1909, "as those Acts apply to Scotland, and this Act, so far as it amends "those Acts, may be cited together as the Housing (Scotland) Acts, "1890 to 1919, and are in this Act referred to as the Housing Acts." Part II. of the 1909 Act and Part II. of the 1919 Act are taken together (separately from the "Housing Acts") to form the "Town Planning Acts."

INDEX TO HOUSING CODE.

1. General Provisions,

2. Part I. Unhealthy Areas and Improvement Schemes,
3. Part II. Unhealthy Dwellings, Obstructive Buildings, and
Reconstruction Schemes,

4. Part III. Provision of Working Class Dwellings,

5. Supplementary Provisions,

PAGE

53

56

87

124

153

GENERAL PROVISIONS.

Central and Local Authorities, Areas, and Rates.

1. The district and the local authority for the purposes of 1909, ɛ. 53 (5).
the Public Health (Scotland) Act, 1897, shall respectively be
the district and the local authority, and the public health
general assessment shall be the local rate, for the purposes of
this Code. The central authority for the purposes of this Code
shall be the Scottish Board of Health (herein referred to as
"the Board").

[1909, s. 53 (5).]

See Public Health Act, 1897, ss. 12 (as to districts and
local authorities), and 135 and 136 (as to the public health
general assessment); and the Scottish Board of Health Act,
1919 [9 & 10 Geo. V. c. 20], as to the constitution and
powers of the new central authority. In England, the local
authorities charged with the administration of the various
parts of the Housing and Town Planning Acts and the rates
against which the expenses of such administration have to be
debited are so numerous that they have to be detailed at
length in a separate schedule. In Scotland, the local
authorities, districts, and rates appropriate to the adminis-
tration of the Public Health Acts have been adopted without
modification, and the Housing Acts are therefore adminis-
tered by Town Councils, County Councils, or District Com-
mittees, as the case may be. See Local Government (Scot-
land) Act, 1889 [52 & 53 Vict. c. 50], s. 17, and s. 78 (3),
as amended by the Local Government (Scotland) Act, 1894,
s. 19 (7); Burgh Police Act, 1903, s. 94; and Local Govern-
ment (Scotland) Act, 1908, s. 31, as to the powers of County
Councils and District Committees.

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