money can be borrowed under this section only by County The important provisions of 1919, s. 5 (Housing Code, Provision in Case of Absence of Medical Officer of Health. 21. In case of the illness or unavoidable absence of a medical 1890, s. 26. officer of health, the local authority who appointed him may (subject to the approval of the Board) appoint a duly qualified medical practitioner, for the period of six months, or any less period to be named in the appointment. See 1890, s. 79 (Housing Code, s. 114), as to powers of deputy, and also Public Health (Scotland) Act, 1897. s. 15. Schedule. PROVISIONS WITH RESPECT TO THE PURCHASE AND TAKING OF Note. In this Schedule effect has been given (1) to the As to the effect of the Acquisition of Land (Assessment of Compensation) Act, 1919, see notes to s. 16, supra. Paragraphs (4), (5), (29), and (31) are virtually repealed by s. 7 (1) of that Act. Deposit of Maps and Plans. (1) The local authority shall before making an applica tion for the appointment of an arbiter as after-mentioned cause to be made out, and to be signed by their clerk or some other principal officer appointed by them, maps and schedules of all lands proposed to be taken compulsorily (which lands are hereinafter referred to as the scheduled lands), together with the names, so far as the same can be reasonably ascertained, of all persons interested in such lands as owners or reputed owners, lessees or reputed lessees, or occupiers, except tenants for a month or a period less than a month. (2) The maps made by the local authority shall be upon such scale and be framed in such manner as may be prescribed by the confirming authority. (3) The local authority shall deposit such maps and schedules at the office of the Board, and shall deposit and keep copies of such maps and schedules at the office of the local authority. Appointment of Arbiter. (4) After such deposit at the office of the Board as aforesaid, it shall be lawful for the Board, upon the application of the local authority, to appoint an arbiter between the local authority and the persons interested in such of the scheduled lands, or lands injuriously affected by the execution of such scheme, so far as compensation for the same is not made the subject of agreement. [This section has to be read along with the Acquisition of Land Act, 1919, s. 7 (1).] Proceedings on Arbitration. (5) Before any arbiter enters upon any inquiry he shall, in the presence of a justice of the peace, make and subscribe the following declaration; that is to say, "I, A. B., do solemnly and sincerely declare that I will "faithfully and honestly, and to the best of my skill "and ability, hear and determine the matters "referred to me under the provisions of the Housing "of the Working Classes Act, 1890. "Made and subscribed in the presence of "A. B. And such declaration shall be annexed to the award when made; and if any arbiter, having made such declaration, wilfully act contrary thereto, he shall be guilty of a misdemeanour. [This section has to be read along with the Acquisition of Land Act, 1919, s. 7 (1).] (6) As soon as an arbiter has been appointed as aforesaid, the confirming authority shall deliver to him the maps and schedules deposited at their office. Before applying to the arbiter to determine the compensation in respect of any particular lands or interest therein, the local authority shall send a notice by post of their intention to the owners or reputed owners, lessees or reputed lessees, so far as they can reasonably be ascertained. (7) In every case in which compensation is payable under Part I. of this Code by the local authority to any claimant, and which compensation has not been made the subject of agreement (in this Code referred to as "a dis puted case "), the arbiter, after hearing all such parties interested in each disputed case as may appear before him at a time and place of which notice has been given as in Part I. of this Code mentioned, shall proceed to decide on the amount of compensation to which he may consider the claimant to be entitled in each case. G (8) The arbiter shall give notice to the claimants in disputed cases of a time and place at which the difference between the claimants and the local authority will be decided by the arbiter. (9) After the arbiter has arrived at a decision on all the disputed cases brought before him, he shall make an award under his hand and seal, and such award shall be final, and be binding and conclusive upon all persons whomsoever, and no such award shall be set aside for irregularity in matter of form, but the arbiter may and, if the local authority request him so to do, shall from time to time make an award respecting a portion only of the disputed cases brought before him. (10) Such award as aforesaid shall be deposited at the office of the confirming authority, and a copy thereof shall be deposited at the office of the local authority. The legal progress of the title deeds in the case of a person claiming a fee simple interest in any lands included in any such award as aforesaid shall commence twenty years previous to the date of the claim, except there has been an absolute conveyance on sale within twenty years and more than ten years previous to that date, in which case the legal progress of the title deeds shall commence with such conveyance. Provided that the local authority shall not be prevented, if they think fit, from requiring at their own expense any further legal progress or evidence of the title deeds respecting any lands included in any such award as aforesaid, in addition to the legal progress hereinbefore mentioned. Special Powers of Arbitration. (11) The arbiter shall have the same power of apportioning any feu duty, ground annual, casualty or superiority, or any rent or other annual or recurring payment or encumbrance, or any rent payable in respect of lands comprised in a lease, as the Sheriff has under the Lands Clauses Consolidation (Scotland) Act, 1845. (12) Notwithstanding anything in section ninety of the Lands Clauses Consolidation (Scotland) Act, 1845, the arbiter may determine that such part of any house, building, or manufactory as is proposed to be taken by the local authority can be taken without material damage to such house, building, or manufactory, and if he so determine may award compensation in respect of the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell and convey to the local authority such part, without the local authority being obliged to purchase the greater part or the whole of such house, building, or manufactory. (13) The amount of purchase money or compensation to be paid in pursuance of section one hundred and seventeen of the Lands Clauses Consolidation (Scotland) Act, 1845, in respect of any estate, right, or interest in or charge affecting any of the scheduled lands which the local authority have through mistake or inadvertence failed or omitted duly to purchase or make compensation for, shall be awarded by the arbiter and be paid, in like manner, as near as may be, as the same would have been awarded and paid if the claim of such estate, right, interest, or charge had been delivered to the arbiter before the day fixed for the delivery of statements of claims. If the arbiter is satisfied that the failure or omission to purchase the said estate, right, interest, or charge arose from any default on the part either of the claimant or of the local authority, he may direct the costs to be paid by the party so in default. Payment of Purchase Money. (14) Within thirty days from the delivery of a statement in writing by any person claiming any right or interest in the lands, and a legal progress of the title deeds on which the same is founded, to the local authority, the local authority shall, where it appears to them that any person so claiming is absolutely entitled to the lands, estate, or interest claimed by him, deliver to such person, on demand, a certificate stating the amount of the compensation to which he is entitled under the said award. (15) Every such certificate shall be prepared by and at the cost of the local authority; and where any agreement has been entered into as to the compensation payable in respect of the interest of any person in any lands, the local authority may, where it appears to them that such person is absolutely entitled, deliver to such person a like certificate. (16) The local authority shall, thirty days after demand, pay to the party to whom any such certificate is given, or otherwise as herein provided in the cases hereinafter mentioned, the amount of moneys specified to be payable by such certificate to the party to whom or in whose favour such certificate is given, his or her heirs, executors, or assignees. (17) If the local authority wilfully make default in such payment as aforesaid, then the party named in such certificate shall be entitled to record the same in the books of council and session, or other judge's books competent, and to have a decree interponed thereto, and extracted with a view to execution, in the like manner as if a formal clause of registration had been contained therein; and all diligence and execution shall be competent thereon in the like manner and to all effects as upon any bond containing such formal clause of registration; and all moneys payable under such certificates, or to be recovered by such execution and diligence as aforesaid, shall be taken as personal estate as from the time of the local authority entering on any such lands as aforesaid. (18) When and so soon as the local authority have paid to the party to whom any such certificate as aforesaid is given, or otherwise, as herein provided, in the cases hereinafter mentioned, the amount specified to be payable by such certificate to the party to whom or in whose favour the certificate is given, his heirs, executors, or assignees, it shall be lawful for the local authority, upon obtaining such receipt as hereinafter mentioned, from time to time to enter upon any lands in respect of which such certificate is given, and thenceforth to hold the same for the estate or interest in respect of which the amount specified in such certificate was payable. (19) In every case in which any moneys are paid by any local authority under this Act for such compensation as aforesaid, the party receiving such moneys shall give to the local authority a conveyance of the lands in respect of which such moneys are paid, or of all the estate and interest of such party, and of all parties claiming under or through him, in such lands, and every such conveyance shall be prepared by and at the costs of the local authority. (20) If it appear to the local authority, from any such statement and legal progress as aforesaid, or otherwise, that the person making any such claim as aforesaid is not absolutely entitled to the lands, estate, or interest in respect of which his claim is made, or is under any disability, or if the title to such lands, estate, or interest be not satisfactorily deduced to the local authority, then and in every such case the amount to be paid by the local authority in respect of such lands, estate, or interest as aforesaid shall be paid and applied as provided by the clauses of the Lands Clauses Consolidation (Scotland) Act, 1845, "with respect to the 66 purchase money or compensation coming to parties having "limited interests, or prevented from treating, or not making title." Provided that any such purchase money or compensation may, if the Board consent, instead of being paid into bank, be paid and applied as the Board determine, and the decision of the Board shall be final and conclusive. (21) Where any person claiming any right or interest in any lands refuses to produce his title to the same, or where the local authority have under the provisions of Part I. of this Code taken possession of any lands in respect of the compensation whereof, or of any estate or interest wherein, no claim has been made within one year from the time of the local authority taking possession, or if any party to whom any such certificate has been given or tendered refuses to receive such certificate, or to accept the amount therein specified as payable to him, then and in any such case the amount payable by the local authority in respect of such lands, estate, or interest, or the amount specified in such certificate, shall be paid into any one of the incorporated or chartered banks of Scotland, in manner provided by the lastmentioned clauses of the Lands Clauses Consolidation (Scotland) Act, 1845, and the amount so paid into the said bank shall be accordingly dealt with as by the said Act provided. Paragraph (22) repealed. (23) If from any reason whatever the local authority does not deliver the certificate aforesaid to any party claiming to be entitled to any interest in any lands the possession whereof has been taken by the local authority as aforesaid, then the right to have a certificate according to the provisions of this Code may, at the cost and charge of the local |