and removal pay over the balance of money (if any) to A.D. 1924, the owner. (2) Where the amount realised by the sale of such materials is not sufficient to cover the expenses incident 5 to the taking down and removal of the house or building, the local authority may recover the deficiency from the owner of the house or building in a summary manner. (3) Where a house or building has been so taken down and removed, no house or other building or erection 10 which will be dangerous or injurious to health shall be erected on the site of such house or building or any part thereof; and if any house, building or erection is erected contrary to the provisions of this subsection, the local authority may at any time order the owner thereof to 15 abate or alter the same, and, in the event of non-compliance with the order, may abate or alter the same, and the expenses of such abatement or alteration shall be recoverable from the owner in a summary manner: Provided that any person aggrieved by an order 20 under this subsection may appeal to the sheriff on giving notice of appeal within one month after notice of the said order has been served on him. under 12. (1) A room habitually used as a sleeping Closing place, the surface of the floor of which is more than order in 25 three feet below the surface of the part of the street respect of adjoining or nearest to the room, shall, for the purposes ground of this Part of this Act, be deemed to be a house so rooms. dangerous or injurious to health as to be unfit for human [1909, s. 17 habitation, if the room either— 390 35 (a) is not on an average at least seven feet in height (b) does not comply with such regulations as the Provided that if the local authority, after being required to do so by the Board, fail to make such regula40 tions, or such regulations as the Board approve, the Board may themselves make them, and the regulations so made shall have effect as if they had been made by the local authority with the consent of the Board. (7).] A.D. 1924. Prohibition of back-to (2) A closing order made in respect of a room to which this section applies shall not prevent the room being used for purposes other than those of a sleeping place; and if the occupier of the room after notice of an order has been served upon him fails to comply with 5 the order, an order to comply therewith may, on summary conviction, be made against him. (3) A closing order made in respect of any room to which this section applies shall not be treated as a closing order in respect of a house for the purposes of the pro- 10 visions of this Part of this Act relating to demolition orders. 13. (1) Notwithstanding anything in any local Act or byelaw in force in any burgh or district, it shall not be back houses, lawful to erect any back-to-back houses intended to be 15 [1909, s. 43.] used as dwellings for the working classes, and any such house shall be deemed to be in a state so dangerous or injurious to health as to be unfit for human habitation for the purposes of the provisions of this Act: Power to Provided that nothing in this section shall prevent 20 the erection or use of a house containing several dwellings in which the dwellings are placed back-to-back if the medical officer of health for the burgh or district certifies that the several dwellings are so constructed and arranged as to secure effective ventilation of all habitable rooms 25 in every dwelling. (2) This section shall apply to any house commenced to be erected after the third day of December, nineteen hundred and nine, except that it shall not apply to houses abutting on any streets, the plans whereof 30 were approved by the local authority before the first day of May, nineteen hundred and nine, in any burgh or district in which, at the third day of December, nineteen hundred and nine, any local Act or byelaws were in force permitting the erection of back-to-back houses. Obstructive Buildings. 35 14. (1) If a medical officer of health finds that local autho- any building within his district, although not in itself rity to order unfit for human habitation, is so situate that by reason of its proximity to or contact with any other buildings it— 40 (a) stops or impedes ventilation, or otherwise makes obstructive buildings to be pulled down. or conduces to make such other buildings to be 5 in a condition unfit for human habitation or A.D. 1924. dangerous or injurious to health; or (1) to (3); (b) prevents proper measures from being carried [1890, s. 38 into effect for remedying any nuisance injurious 57 & 58 Vict. to health or other evils complained of in respect c. 58, s. 24 of such other buildings; 66 (6); 1909, Sch. II.: the medical officer of health shall represent to the local 1923, authority the particulars relating to such first-mentioned Sch. II.] building (in this Act referred to as an obstructive 10 building ") stating that in his opinion it is expedient that the obstructive building should be pulled down. (2) Any four or more local government electors in any district or the parish council or landward committee of a parish in the district of any local authority, not 15 being a town council, may make to the local authority of the district a representation as respects any building to the like effect as that of the medical officer under this section. (3) The local authority on receiving any such 20 representation shall cause a report to be made to them respecting the circumstances of the building and the cost of pulling down the building and acquiring the land, and on receiving such report shall take into consideration the representation and report, and if they decide to 25 proceed, shall cause a copy of both the representation and report to be given to the owner of the land on which the obstructive building stands, with notice of the time and place appointed by the local authority for the consideration thereof; and such owner shall be at 30 liberty to attend and state his objections, and after hearing such objections the local authority shall make an order either allowing the objection or directing that such obstructive building shall be pulled down. (4) Any such order shall be subject to appeal in like 35 manner as an order of demolition made by the local authority under this Part of this Act. obstructive 15. (1) Where an order of the local authority for Compensapulling down an obstructive building is made under the tion for last foregoing section, and either no appeal is made pulling down 40 against the order or an appeal is made and either fails building. or is abandoned, the local authority shall be authorised [1890, ss. 38 to purchase the land on which the obstructive building (4) to (9) & A.D. 1924. is erected in like manner as if they had been authorised by a special Act to purchase the same. 94 (2) & (2) For the purpose of such purchase the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement shall be 5 deemed to be incorporated in this Part of this Act (subject nevertheless to the provisions of this Part of this Act) and for the purpose of the provisions of those Acts this Part of this Act shall be deemed to be the special Act, and the local authority to be the promoters 10 of the undertaking, and such land may be purchased at any time within one year after the date of the order, or if it was appealed against after the date of the confirmation of the order. (3) The owner of the land may within one month 15 after notice to purchase the same is served upon him declare that he desires to retain the site of the obstructive building and undertake either to pull down or to permit the local authority to pull down the obstructive building, and in such case the owner shall retain the 20 site and shall receive compensation from the local authority for the pulling down of the obstructive building. (4) The amount of compensation to be paid on the purchase of any lands under this section or for the 25 pulling down of an obstructive building shall in case of difference be settled by arbitration and shall be apportioned by the arbiter between any persons having an interest in the compensation in such manner as the arbiter may determine. 30 (5) Where the local authority is empowered to purchase land compulsorily, it shall not be competent for the owner of a house, manufactory or other building to insist on his entire holding being taken where part only is proposed to be taken as obstructive, and where 35 such part proposed to be taken can, in the opinion of the arbiter to whom the question of disputed compensation is submitted, be severed from the remainder of the house, manufactory or other building without material detriment thereto, provided that compensation may be 40 awarded in respect of the severance of the part so proposed to be taken in addition to the value of that part. (6) Where in the opinion of the arbiter the demo- A.D. 1924. lition of an obstructive building adds to the value of such other buildings as are mentioned in subsection (1) of the last foregoing section, the arbiter shall apportion 5 so much of the compensation to be paid for the demolition of the obstructive building as may be equal to the increase in value of the other buildings amongst such other buildings respectively, and the local authority shall be entitled to recover in a summary manner the 10 amount apportioned to any such building in respect of its increase in value by reason of the demolition of the obstructive building from the owner or occupier thereof according to their respective interests in such increase in value. 15 (7) Where the amount to be paid for compensation for the purchase of any land under this section or for the demolition of an obstructive building has been settled otherwise than by arbitration, the power of apportioning the compensation under subsection (4) of 20 this section or of apportioning any part of the compensation amongst other buildings under subsection (6) of this section, may be exercised by an arbiter appointed on the application of the local authority by the Board for this special purpose: 25 Provided that if the owner or occupier of any such other building feels aggrieved by the decision of such arbiter as aforesaid, by whom the apportionment is made as to the amount apportioned to the building, the matter shall, on application for the purpose being made 30 by such owner or occupier, be settled by the sheriff in manner provided by the Lands Clauses Acts in cases where the compensation claimed in respect of land does not exceed fifty pounds. 16.-(1) In all cases in which the amount of any Provisions 35 compensation is, in pursuance of this Part of this Act, as to arbito be settled by arbitration, the compensation shall be tration. assessed in accordance with the rules set out in Parts II. [1890, s. 41.] and III., of the First Schedule to this Act, so far as applicable to the case. 40 (2) On payment or tender to the person entitled to receive the same of the amount of compensation agreed or awarded to be paid in respect of any building, or on |