the rebuilding of the houses or the execution of any part of the scheme, except that they may take down any or all of the buildings upon the area, and clear the whole or any part thereof, and may lay out, form, pave, sewer, and complete all such streets upon the land purchased by them as they may think fit, and all streets so laid out and completed shall thenceforth be public streets, repairable by the same authority as other streets in the district. (4) Provided that in any grant or lease of any part of the area which may be appropriated by the scheme for the erection of dwellings for the working classes the local authority shall impose suitable conditions and restrictions as to the elevation, size, and design of the houses, and the extent of the accommodation to be afforded thereby, and shall make due provision for the maintenance of proper sanitary arrangements. (5) The local authority may, where they think it expedient so to do, without themselves acquiring the land, or after or subject to their acquiring any part thereof, contract with any person having such right or interest in any land comprised in an improvement scheme as may be sufficient to enable him to carry out and effect the same, for the carrying of the scheme into effect by him in respect of such land. [1890, ss. 12, 96 (5); 1909, Sch. VI.; 1919, Sch. II.] Once an improvement scheme has been duly confirmed, the local authority have no option in the matter. If they do not proceed with the execution of the scheme, the Board can interfere under 1909, s. 53. (12) (Housing Code, s. 99), or under 1919, s. 4 (Housing Code, s. 100). Under the present section it is regarded as the exception rather than the rule that the local authority should themselves execute the details of the scheme. While this view was doubtless in consonance with the ideas which prevailed in 1890, the new policy of which the 1919 Act is the fruit would tend to encourage local authorities to do the work themselves rather than to sell or lease the land or rely upon bodies of trustees, societies, or other " persons. (3) Person. Includes " body corporate.' (Interpretation Act, 1889, s. 2). As to Public Utility Societies and . Housing Trusts, see 1919, ss. 15-17 (Housing Code, ss. 62-64). 189), s. 96 (5). 1919, Sch. II. Modification of Schemes. 13. (1) The Board, on application from the local authority, 1890, s. 15. and on its being proved to their satisfaction that an improve- 1909, Sch. VI. ment can be made in the details of any authorised scheme, may permit the local authority to modify any part of their 1909, s. 25. improvement scheme which it may appear inexpedient to carry into execution, but any part of the scheme respecting the provision of dwelling accommodation for persons of the working class, when so modified, shall be such as might have been inserted in the original scheme. (2) The Board may permit the local authority to modify their scheme, not only by the abandonment of any part of the scheme which it may appear inexpedient to carry into execution, but also by amending or adding to the scheme in matters of detail in such manner as appears expedient to the Board. [1890, s. 15; 1909, s. 25, Sch. VI.] 66 But for this section, an improvement scheme would be too rigid, and there would be no method of effecting such modifications in the original scheme as changing circumstances or growing experience might dictate. It is to be observed, however, that the section only provides for alterations in details." Although the Act is silent on the point, an owner, occupier, or lessee or other interested party affected by any amendment or addition to the scheme should receive the same consideration as is provided by Housing Code, s. 10, which makes provision for the interests. of owners, lessees, and occupiers generally. 1890, s. 11 (2). 1890, s. 23. Provision of Alternative Accommodation for 14. (1) Every improvement scheme shall, if the Board so require (but it shall not otherwise be obligatory on the local authority so to frame their scheme), provide for the accommodation of such number of those persons of the working classes displaced in the area with respect to which the scheme is proposed in suitable dwellings to be erected in such place or places either within or without the limits of the same area as the said authority on a report made by the officer conducting the local inquiry may require. (2) A local authority may, for the purpose of providing 1909, Sch. II. accommodation for persons of the working classes displaced in consequence of any improvement scheme, appropriate any lands for the time being belonging to them which are suitable for the purpose, or may purchase by agreement any such further lands as may be convenient. [1890, ss. 11-23; 1909, Sch. II.] On the question of re-housing, see and schedule (Housing Code, s. 86). further 1903, s. 3, If the re-housing scheme is to be of any value to the evicted occupants of the condemned houses, it must, of course, proceed simultaneously with the improvement scheme. The housing schemes under this section are one of the schemes towards the cost of which the Treasury are authorised to contribute by 1919, s. 5 (Housing Code, s. 95). 66 Working Classes.-The only quasi-statutory definition of this expression is that contained in s. 12 (e) of the schedule to the Act of 1903, viz. :- Mechanics, artisans, labourers, and others working for wages; hawkers, costermongers, persons not working for wages but working at some trade or handicraft without employing others except members "of their own family; and persons, other than domestic servants, whose income in any case does not exceed an average of thirty shillings a week, and the families of 66 any such persons who may be residing with them." The Public Works Loan Commissioners extended this definition to include "miners and skilled or unskilled workmen," and increased the limit of income to £2 per week. The majority of the Royal Commission were in favour of a further increase of limit to £200 per annum [par. 1917], but the minority thought that £3 per week was sufficiently high [par. 487]. The Labour Party in the House of Commons, when the 1919 bill was in committee, urged that the definition should be considerably amplified, but their proposals were not accepted. For a judicial interpretation of the term, see White v. Marylebone Borough Council, 1915, 3 K.B. 249, and L.C.C. v. Davis, 1898, 62 J.P. 68. During the passage of the Scottish Housing Bill, 1919, through Committee of the House of Commons, consideration was given to the question of a definition of the term "work"ing classes," for whom local authorities were to be held responsible for providing houses. It was, however, not considered practicable to frame a definition, and, accordingly, no definition of that term appears in the Act. In interpreting the term, however, local authorities will appreciate that a definition cannot be arrived at by adopting solely an income or occupation standard, and it is intended that the term should be interpreted liberally, vide Circular Letter issued by Scottish Board of Health, dated 9th September, 1919. Local Inquiries.-See Housing Code, s. 102. Any lands.-The wording of this sub-section is unusually comprehensive, but doubts have been raised as to the possibility of appropriating to housing purposes land acquired for some other specific purpose. It is thought that, unless some third party has a title and interest to object, or unless there is some specialty in the conditions of tenure, any land held by a local authority could competently be appropriated to housing purposes under this section. Normally, land forming part of the common good could be so appropriated. See Attorney-General v. Hanwell U.D.C., 1900, 2 Ch. 377; Attorney-General v. Pontypridd U.D.C., 1906, 2 Ch. 257. 1890, s. 20. 1896, s. 2. Acquisition of Land. 1. POWERS AND METHODS OF PROCEDUre. 15. The clauses of the Lands Clauses Acts with respect to "the purchase and taking of lands otherwise than by agree“ment” shall not, except to the extent set forth in the schedule to this part of the Code, apply to any lands taken in pursuance of this part of this Code, but save as aforesaid the said Lands Clauses Acts, as amended by the provisions contained in the said schedule, shall regulate and apply to the purchase and taking of lands, and shall for that purpose be deemed to form part of this part of this Code in the same manner as if they were enacted in the body thereof; subject to the provisions of this part of this Code and to the provisions following; that is to say— (i) This part of this Code shall authorise the taking by agreement of any lands which the local authority may require for the purpose of carrying into effect any authorised scheme, but it shall authorise the taking by the exercise of any compulsory powers of such lands only as are proposed by the authorised scheme to be taken compulsorily. (ii) In the construction of the Lands Clauses Acts, and the provisions in the schedule to this part of the Code, this part of this Code shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking; and the period after which the powers for the compulsory purchase or taking of lands shall not be exercised shall be three years after the date of the confirming order. (iii) Any land acquired by a local authority for the purposes of the Artisans and Labourers' Dwellings Improvement (Scotland) Acts, 1875 to 1880, and still held by and vested in them, shall be deemed to be held by and vested in them for the purposes of Part I. and relative provisions of this Code, without the necessity of expeding or recording any notarial or other instrument. [1890, s. 20; 1896, s. 2.] This section and the schedule must now be read in the light of the Acquisition of Land (Assessment of Compensa tion) Act, 1919 (see Appendix, p. 430), which overrides the From the terms of 1890, s. 21 (1) (6) (Housing Code, Lands Clauses Acts.-By s. 23 of the Interpretation Act, 1889, these are defined as the Lands Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict. c. 19), and the Lands Clauses Consolidation Acts Amendment Act, 1860 (23 & 24 Vict. c. 106), and any Acts for the time being in force amending the same. As to definition of land, see s. 4, and notes. As to restrictions upon the acquisition of land for housing purposes, see 1909, s. 45, and 1919, s. 1 (3) (Housing Code, s. 89), as to sites of archæological interest; 1909, s. 73 (Housing Code, s. 87), as to commons, open spaces, and allotments, and 1909, s. 74 (Housing Code, s. 88), as to land near Royal palaces and parks. As to exemption from stamp duty on feu contracts and other deeds, see County Council of Lanark v. Inland Revenue, 1918, S.C. (H.L.) 126. Schedule. By s. 7 (1) of the Acquisition of Land (Assessment of Compensation) Act, 1919, it is enacted that the provisions of the Schedule (which is printed at p. 79), as amended by any subsequent enactment (except paragraphs (4), (5), (29), and (31) thereof), shall apply to an official arbiter as they apply to an arbiter appointed under the Schedule, and an official arbiter may exercise all the powers conferred by those provisions on such arbiter. As to the acquisition of land in advance for the purposes of this part, reference is made to 1919, s. 12 (Housing Code, s. 85). Assessment of Compensation. 16. (1) Whenever the compensation payable in respect of 1890, s. 21. any lands or of any interests in any lands proposed to be taken compulsorily in pursuance of this part of this Code requires to be assessed (a) the estimate of the value of such lands or interests shall be based upon the fair market value, as estimated at the time of the valuation being made of such lands, and of the several interests in such lands, due regard being had to the nature and then condition of the property, and the probable duration of the buildings in their existing state, and to the state of repair thereof, without any additional allowance |