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authority, be enforced by any party or parties, by application to the Court of Session, in a summary way by petition, and all other rights and interests of any party or parties arising under the provisions of this Code may be in like manner enforced against the local authority by such appli cation as aforesaid.

Entry on Lands on making Deposit.

(24) Where the local authority are desirous, for the purposes of their works, of entering upon any lands before they would be entitled to enter thereon under the provisions hereinbefore contained, it shall be lawful for the local authority, at any time after the arbiter has framed his award, upon depositing in any one of the incorporated or chartered banks of Scotland, such sum as the arbiter may certify to be in his opinion the proper amount to be so deposited in respect of any lands authorised to be purchased or taken by the local authority, and mentioned in such award, to enter upon and use such lands for the purposes of the improvement scheme of the local authority: and the arbiter shall, upon the request of the local authority at any time after he has framed such award, certify under his hand the sum which, in his opinion, should be so deposited by the local authority in respect of any lands mentioned in such award before they enter upon and use the same as aforesaid, and the sum to be so certified shall be the sum or the amount of the several sums set forth in such award as the sum or sums to be paid by the local authority in respect of such lands, or such greater amount as to the arbiter, under the circumstances of the case, may seem proper; and notwithstanding such entry as aforesaid, all proceedings for and in relation to the completion of the award, the delivery of certificates and other proceedings under Part I. of this Code shall be had, and payments made, as if such entry and deposit had not been made;

Provided that the local authority shall, where they enter upon any lands by virtue of this present provision, pay interest at the rate of five pounds per centum per annum upon the compensation money payable by them in respect of any lands so entered upon, from the time of their entry until the time of the payment of such money and interest to the party entitled thereto, or where, under the provisions of Part I. of this Code, such compensation is required to be paid into any one of the incorporated or chartered banks of Scotland, then until the same, with such interest, is paid into such bank accordingly, and where under this provision interest is payable on any compensation money the certificate to be delivered by the local authority in respect thereof shall specify that interest is so payable, and the same shall be recoverable in like manner as the principal money mentioned in such certificate.

(25) The money so deposited as last aforesaid shall be paid into such bank to such account as may from time to time be directed by any regulation or Act for the time being in force in relation to moneys deposited in the bank in similar cases, or to such account as may be directed by any order of the Court of Session, and remain in the bank by

way of security to the parties interested in the lands which have been so entered upon for the payment of the money to become payable by the local authority in respect thereof under the award of the arbiter; and the money so deposited may, on the application by petition of the local authority, be ordered to be invested in Government securities, and accumulated and upon such payment as aforesaid by the local authority it shall be lawful for the Court of Session, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the local authority, or, in default of such payment as aforesaid by the local authority, it shall be lawful for the said Court to order the same to be applied in such manner as it thinks fit for the benefit of the parties for whose security the same shall so have been deposited.

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Paragraphs (26) and (27) repealed.

(28) The salary or remuneration, travelling, and other expenses of the arbiter, and all costs, charges, and expenses (if any) which may be incurred by the confirming authority in carrying the provisions of Part I. of this Code into execution, shall, after the amount thereof shall have been certified under this article, be paid by the local authority; and the amount of such costs, charges, and expenses shall from time to time be certified by the confirming authority after first hearing any objections that may be made to the reasonableness of any such costs, charges, and expenses by or on behalf of the local authority; and every certificate of the said confirming authority certifying the amount of such costs, charges, and expenses shall be taken as proof in all proceedings at law or in equity of the amount of such respective costs, charges, and expenses, and the amount so certified shall be a debt due from the local authority to the Crown, and shall be recoverable accordingly.

Further, the Court of Session, on the application of any party named therein, may interpone their authority to any such certificate, and grant decree conform thereto upon which execution and diligence may proceed in common form.

(29) (1) It shall be lawful for the arbiter where he thinks fit, upon the request of any party by whom any claim has been made before him, to certify the amount of the costs properly incurred by such party in relation to the arbitration, and the amount of the costs so certified shall be paid by the local authority;

Provided that

(a) The arbiter shall not be required to certify the amount of costs in any case where he considers such costs are not properly payable by the local authority.

(b) The arbiter shall not be required to certify the amount of costs incurred by any party in relation to the arbitration, in any case where he considers that such party neglected, after due notice from the local authority, to deliver to that authority a statement

in writing within such time, and containing such particulars respecting the compensation claimed, as would have enabled the local authority to make a proper offer of compensation to such party before the appointment of the arbiter.

(c) No certificate shall be given where the arbiter has awarded the same or a less sum than has been offered by the local authority in respect of the claim not less than fourteen days before the date of the arbitration in that particular case.

(2) If within seven days after demand the amount certified be not paid to the party entitled to receive the same, such amount shall be recoverable as a debt from the local authority with interest at the rate of five per cent. per annum for any time during which the same remains unpaid after such seven days as aforesaid.

[This section has to be read along with the Acquisition of Land Act, 1919, s. 7 (1).]

Miscellaneous.

(30) The arbiter may call for the production of any documents other than any formal offer made by the local authority in the possession or power of the local authority, or of any party making any claim under the provisions of Part I. of this Code, which such arbiter may think necessary for determining any question or matter to be determined by him under Part I. of this Code, and may examine any such party and his witnesses, and the witnesses for the local authority, on oath, and administer the oaths necessary for that purpose.

(31) If any arbiter appointed in pursuance of Part I. of this Code die, or refuse, decline, or become incapable to act, the confirming authority may appoint an arbiter in his place, who shall have the same powers and authorities as the arbiter first appointed; and upon the appointment of any arbiter in the place of an arbiter dying, or refusing, declining, or becoming incapable to act, all the documents relating to the matter of the arbitration which were in the possession of such arbiter shall be delivered to the arbiter appointed in his place, and the local authority shall publish notice of such appointment in the Edinburgh Gazette.

[This section has to be read along with the Acquisition of Land Act, 1919, s. 7 (1).]

(32) All notices required by this schedule to be published shall be published in a newspaper circulating within the jurisdiction of the local authority, and where no other form of service is prescribed all notices required to be served or given by the local authority under this schedule or otherwise upon any persons interested in or entitled to sell lands, shall be served in manner in which notices of lands proposed to be taken compulsorily for the purpose of an improvement scheme are directed by Part I. of this Code to be served upon owners or reputed owners, lessees or reputed lessees, and occupiers.

PART II.

UNHEALTHY DWELLING HOUSES, OBSTRUCTIVE
BUILDINGS, AND RECONSTRUCTION SCHEMES.

ARRANGEMENT OF SECTIONS.

Definitions, s. 22.

Buildings unfit for human habitation—

Medical officers' duty, s. 23.

Closing orders, s. 24.

Contravention of closing orders, s. 25.

Demolition orders, s. 26.

Statutory conditions in leases and their enforcement, s. 27.

Compulsory repair of houses, s. 28.

Proceedings instituted by householders, s. 29.

Appeals, s. 30.

Charging orders, s. 31.

Obstructive Buildings—

Powers and duties of Local Authority, s. 32.

Reconstruction Schemes—

Powers and duties of Local Authority, s. 33.

Settlement of Compensation, s. 34.

Provisions as to Re-housing, s. 35.

Financial Provisions

Rating powers, s. 36.

Borrowing powers, s. 37.
Accounts, s. 38.

Superior's Rights and Privileges, ss. 39-40.
Miscellaneous Provisions, ss. 41-44.

Part II. deals with a variety of topics centring round the main purpose of the removal of defects occurring in isolated buildings or groups of buildings, as distinguished from Part I., which deals with whole areas requiring to be provided for en bloc. This part falls into three broad divisions, viz. :-(1) Unhealthy dwelling houses, (2) obstructive buildings, and (3) reconstruction schemes.

(1) Unhealthy dwelling houses may be dealt with in either of two ways. The owner may be compelled to execute such repairs or alterations as may be necessary to render the house fit for habitation, and this method has the advantage of increasing the total number of sanitary

habitable dwellings in the district. Alternatively, when the house is not worth repairing, it may be closed and subsequently demolished.

(2) Obstructive buildings, which are in themselves inoffensive, but the presence of which on their existing site prejudicially affects other houses from a sanitary point of view, may be wholly or partially removed.

(3) Reconstruction schemes are improvement schemes in miniature, designed to meet the case of groups of buildings. or areas too small to be worth the expense of an improvement scheme.

1890, s. 29. 1909, s. 48.

1890, s. 29.

1909, s. 49 (1).

1890, s. 29. 1909, s. 49 (2).

1909, s. 17 (2).

1890, s. 93.

Definitions.

22. In this part of this Code, unless the context otherwise requires

(1) The expression "street" includes any court, alley, street, square, or row of houses:

(2) The expression " dwelling-house" includes any yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith, and includes the site of the dwelling-house as so defined:

(3) The expression "owner," in addition to the definition. given by the Lands Clauses Acts, includes all lessees or mortgagees of any premises required to be dealt with under this part of this Code, except persons holding or entitled to the rents and profits of such premises under a lease the original term whereof is less than twenty-one years:

(4) The expression "closing order" means an order prohibiting the use of a dwelling-house for human habitation:

(5) The expression "land" includes any right over land. [1890, ss. 29, 93; 1909, ss. 17, 48, 49, 75.]

Street. Contrast the definitions in the Burgh Police Act, 1892, s. 4 (31), and the Public Health Act, 1897, s. 3. Court.-See Merrick v. Liverpool Corporation, 1910, 2 Ch. 449, and Cooper v. Elder, 1891, 18 R. 642 (opinion of Lord Trayner). Court" is defined in the Burgh Police Act, 1892, s. 4 (10).

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Dwelling-house.-Prior to 1909, was confined to "inhabited buildings,' but these words were deleted by 1909, s. 49 (1). The term may be taken as covering any building or part of a building used for human habitation, whether actually occupied at any given time or not. Compare the definitions in the Public Health Act, 1897, s. 3,

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