or more of such authorities shall be exempt from contributing to the expenses incurred by such authorities. 176. Proceedings for raising a sum for payment of debt within district of a defaulting authority. - Where any port local authority, joint port local authority, or other authority, are authorised in pursuance of this Act to proceed in a summary manner to raise within the district of a defaulting authority such sum as may be sufficient to pay any debt due to them, the authority so authorised for the purpose of raising such sum shall, within the district of the defaulting authority, have, so far as relates to the raising such sum, the same powers as if they were the defaulting authority, and as if such sum were expenses properly incurred by the defaulting authority within the district of such authority; and the port local authority, joint port local authority, or other authority, may raise the amount by assessment, in like manner and with all the powers of imposition, levy, and recovery of the defaulting local authority. The authority so authorised as aforesaid may, in making an estimate of the sum to be raised for the purpose of paying the debt due to them, add such sums as they think sufficient, not exceeding ten per cent. on the debt due, and may defray thereout all costs, charges, and expenses (including the remuneration to any person they may employ) to be incurred by such authority by reason of the default of the defaulting authority; and the authority so authorised as aforesaid shall apply all moneys raised by them in payment of the debt due to them, and such costs, charges, and expenses as aforesaid, and shall pay to the defaulting authority the balance, if any, remaining in their hands after such application. PART XI.-MISCELLANEOUS. Provisions as to Ships. 177. Provision as to ships within the jurisdiction of local authority.-Any ship lying in any river, harbour, or other water shall be subject to the local authority of the district within or ex adverso of which such river, harbour, or other water is situate, and to the sheriff, magistrates, and justices of the peace having jurisdiction in such district, and shall be within the provisions of this Act in the same manner as if such ship were house within such district, but this section shall not apply to any ship belonging to Her Majesty or to any foreign Government. 178. Provision as to district of local authority extending to places where ships are lying.-For the purposes of this Act, any ship that is in a place within three miles of the coast of Scotland, and not within the district of a local authority, shall be deemed to be within the district of such local authority as may be prescribed by the Board, and until a local authority has been prescribed, then of the local authority whose district nearest adjoins the place where such ship is lying. 179. Charge for medical officer attending sick on board any ship, and to be paid by captain.-Whenever, in compliance with any regulation of the Board which they are hereby empowered to make under this Act, any medical officer employed by a local authority performs any medical service on board any ship, the local authority shall be entitled to charge for such service, and such charge shall be payable by the captain of such ship on behalf of the owners thereof, together with any reasonable expenses for the treatment of the sick, and in the event of dispute the amount shall be determined by the sheriff in a summary manner; and if such services shall be rendered by any medical practitioner who is not a medical officer of the local authority, he shall be entitled to charge for any service rendered on board, with extra remuneration on account of distance, at the same rates as those which he is in the habit of receiving from private patients of the class of those attended and treated on shipboard, to be paid as aforesaid; and in case such charges be not paid, the medical officer or practitioner may bring an action against the person in charge of such ship for the same, and the ship, cargo, and tackle thereof shall be subject to a lien for the amount of such charges. Provisions as to Buildings. 181. Byelaws as to regulation of buildings.-(1.) The local authority of any district other than a burgh may, subject to the approval of the county council, make byelaws for the whole or any part of their district for regulating the building or rebuilding of houses or buildings, or the use for human habitation of any building not previously so used, or any alteration in the mode of occupancy of any existing house in such a manner as will increase the number of separate houses in respect to the following matters: (a) The drainage of the subsoil of sites for and the prevention of dampness in houses intended for human habitation; (b) The structure of walls, foundations, roofs, and chimneys of new buildings in so far as likely to affect human health; (c) The ventilation of houses and buildings intended for human habitation; (d) The sufficiency of the space about (e) The construction and arrangement (2.) In making such byelaws the local authority shall have regard to the special circumstances of their district or the part thereof to which such byelaws relate. 182. Penalty for erecting buildings on ground filled up with offensive matter.— (1.) It shall not be lawful to erect a new building on any ground which has been filled up with any matter impregnated with fæcal, animal, or vegetable matter, or upon which any such matter has been deposited, unless and until such matter shall have been properly removed by excavation or otherwise, or shall have been rendered or have become innocuous. (2.) Every person who does, or causes, or wilfully permits to be done, any act in contravention of this section shall for every such offence be liable to a penalty not exceeding five pounds, and a daily penalty not exceeding forty shillings. Provisions as to Byelaws. 183. Authentication of byelaws.-All byelaws made by a local authority under and for the purposes of this Act shall be under their common seal, or if they have no common seal shall be signed by two members and the clerk of such authority, and any such byelaw may be altered or repealed by a subsequent byelaw made pursuant to the provisions of this Act: Provided that no byelaw made under this Act by a local authority shall be of any effect if repugnant to the law of Scotland or to the provisions of this Act. 184. Power to impose penalties on breach of byelaws.-Any local authority may, by any byelaws made by them under this Act, impose on offenders against the same such reasonable penalties as they think fit, not exceeding the sum of five pounds for each offence, and in the case of a continuing offence a further penalty not exceeding forty shillings for each day after written notice of the offence from the local authority; but all such byelaws imposing any penalty shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty. Nothing in the provisions of any Act incorporated herewith shall authorise the imposition or recovery under any byelaws made in pursuance of such provisions of any greater penalty than the penalties in this section specified. 185. Confirmation of byelaws. - Byelaws made by a local authority under this Act shall not take effect unless and until they have been submitted to and confirmed by the Board, who are hereby empowered to allow, modify, or disallow the same, as they may think proper; nor shall any such byelaws be confirmed copy and to have been duly confirmed, shall be evidence until the contrary is proved, in all legal proceedings, of the due making, confirmation, and existence of such byelaws without further or other proof. 188. As toregulations of local authority. The provisions of this Act relating to byelaws shall not apply to any regulations which a local authority is by this Act authorised to make; nevertheless, any local authority may cause any regulations made by them under this Act to be published in such manner as they see fit. Unless notice of intention to apply for confirmation of the same has been given in one or more of the local newspapers circulated within, or by handbills posted throughout, the district to which such byelaws relate, one month at least before the making of such application; and Unless for one month at least before any such application is considered, a copy of the proposed byelaws has been kept at the office of the local authority, and in the case of districts other than burghs at the office of the parish council of every parish to which such byelaws relate, and has been open during office hours thereat to the inspection of the ratepayers of the district to which such byelaws relate, without fee or reward. Any persons aggrieved by any pro- 189. Act not to affect navigation of posed byelaw, or by any proposed altera-rivers or canals, or irrigation of lands. tion of a byelaw, may within such lastmentioned month forward notice of his objection to the Board, who shall consider the same before granting confirmation. The clerk of the local authority shall, on the application of any such ratepayer, furnish him with a copy of such proposed byelaws or any part thereof, on payment of sixpence for every hundred words contained in such copy. A byelaw when confirmed by the Board shall not require confirmation, allowance, or approval by any other authority. 186. Byelaws to be printed, etc.-All byelaws made by a local authority under this Act shall be printed and hung up in the office of such authority, and be open to the inspection of any ratepayer of the district at all reasonable hours; and a copy thereof shall be delivered to any ratepayer of the district to which such byelaws relate, on his application for the same; a copy of any byelaws made by a district committee shall also be transmitted to the parish council of every parish to which such byelaws relate, to be deposited with the public documents of the parish, and to be open to the inspec tion of any ratepayer of the parish at all reasonable hours, and a copy thereof shall be delivered to any ratepayer of the parish on his application for the same. 187. Evidence of byelaws.-A copy of any byelaws made under this Act by a local authority, signed and certified by the clerk of such authority to be a true PART XII.-SAVING CLAUSES AND Saving Clauses. Nothing in this Act contained shall pre- (1.) The irrigation of lands in a rural (3.) The supply of water required for (4.) The navigation on or use of any river, canal, dock, harbour, lock, reservoir, or basin, in respect of which any persons are by virtne of any Act of Parliament entitled to take tolls or dues, or the supply of water to the same, or any bridges crossing the same, or any towing-path thereon; (5.) The purification of any river or stream in respect of which any persons are by virtue of any Act of Parliament authorised to exercise jurisdiction, or the rights, powers, jurisdictions, and authorities conferred by such Act. For the purposes of this and the immediately succeeding section, the expression "local Act" includes a Provisional Order and the Act confirming such Order. 193. Reference to Public Health Acts. Provided always that it shall not be lawful for the local authority to execute any works in, through, or under any wharves, quays, docks, harbours, locks, reservoirs, or basins without the consent in writing in every case of the persons entitled by virtue of any Act of Parlia--Where in any public general or local ment to take tolls or dues in respect thereof, and such persons may at their own expense, and on substituting other sewers, drains, culverts, and pipes equally effectual, and certified as such by the inspector to the local authority, take up, divert, or alter the level of any sewers and drains, culverts or pipes, constructed by any local authority, and passing under or interfering with such rivers, canals, docks, harbours, reservoirs, or basins, or the towing paths thereof, and do all such matters and things as may be necessary for carrying into effect such taking up, diversion, or alteration. 190. Saving of certain Acts.-Except in so far as expressly provided, nothing in this Act shall prejudice or affect the provisions of the Local Government (Scotland) Acts, or of the Local Authorities Loans (Scotland) Act, 1891, as amended, or of the Burgh Police (Scotland) Act, 1892, as amended, or of the Public Health (Scotland) Amendment Act, 1891, or of the Anatomy Acts, 1832 and 1871. 191. Saving for county councils and standing joint committees.-Except in so far as expressly provided, nothing in this Act shall prejudice or affect the powers, rights, and liabilities of county councils and standing joint committees with respect to capital works, rating, borrowing, or acquiring and holding land. 192. Saving of local Acts.-(1.) Nothing in this Act shall supersede, prejudice, or affect the provisions of any local Act applicable to any burgh or the forms of prosecutions and procedure in use therein, but the provisions of this Act shall operate to confer additional powers on the local authorities of such burghs, and the before-mentioned forms and procedure may be used therein in all prosecutions under this Act. (2.) Nothing contained in this Act shall prejudice or affect the provisions of any local Act under which any authority is constituted for supplying water within any district or limits created by such Act. Act the Public Health Acts or any sections thereof are referred to, such reference shall be deemed to mean and include a reference to this Act or the corresponding sections of this Act and any amend ments thereof; and the expression 'public health rate" in any such Act shall mean, and a reference to any of the assessments mentioned in section ninetyfive of the Public Health (Scotland) Act, 1867, shall be deemed to be a reference to the public health general assessment under this Act. 194. Exemption of Government property from building regulations.-Without prejudice to any existing right of the Crown, there shall be exempted from so much of the provisions of this Act as relates to buildings and structures, every building, structure, or work vested in, or in the occupation of, Her Majesty, her heirs and successors, either beneficially or as part of the hereditary revenues of the Crown, or in trust for the public service or for public services; also any building, structure, or work vested in, or in the occupation of, any department of Her Majesty's Government for public purposes or for the public service. 195. Application of Act to city of Aberdeen.-With respect to the city and Royal burgh of Aberdeen, all charges and expenses incurred by the local authority in executing this Act, or any of the Acts hereby repealed, shall, notwithstanding anything contained in section thirty-nine of the Aberdeen Corporation Act, 1891, be included under the sixth head of the estimate directed by that section to be made up, and the rate or assessment to be imposed in respect of such charges and expenses shall be payable, one-half by the owners and one-half by the occupiers of all lands and heritages within the district of the local authority. Repeal of Acts. 196. Repeal of Acts. (1.). The Acts specified in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule, and so much of any public |