A.D. 1924. payment thereof in manner prescribed by the Lands Clauses Acts, the owner shall, when required by the local authority, convey his interest in the building to them, or as they may direct; and in default thereof, or if the owner fails to adduce a good title to such 5 building to the satisfaction of the local authority, it shall be lawful for the local authority, if they think fit, to expede an instrument under the hands of a notary public in such manner and with such consequences as are mentioned in the Lands Clauses Acts. Provisions as to site (10) to (12); 1923, Sch. II.] 10 17.-(1) Where the owner retains the site or any part thereof, no house or other building or erection which will be dangerous or injurious to health, or which will be an obstructive building within the meaning of this Part of this Act, shall be erected upon the site or any 15 part thereof; and if any house, building or erection is erected on the site contrary to the provisions of this Part of this Act, the local authority may at any time order the owner to abate or alter the said house, building or erection; and in the event of non-compliance with 20 such 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 such an order may appeal to the sheriff on giving notice of 25 appeal within one month after notice of the said order has been served on him. (2) Where the land on which which the obstructive building is erected is purchased by the local authority, they shall pull down the obstructive building, or such 30 part thereof as may be obstructive within the meaning of this Part of this Act, and keep as an open space, the whole site, or such part thereof, as may be required to be kept open for the purpose of remedying the nuisance or other evils caused by the obstructive building, and 35 may, with the assent of the Board, and upon such terms as the Board may think expedient, sell such portion of the site as is not required for the purpose of carrying this Part of this Act into effect. (3) A local authority may, where they so think 40 fit, dedicate any land acquired by them under the provisions of this Part of this Act relating to obstructive buildings as a highway or other public place. 5 10 15 Enforcement of Provisions of Part I. A.D. 1924. 18. (1) Where a complaint is made to the Board- Procedure (a) as respects the district of a local authority exercise of to enforce not being a town council, by the county powers. council, or by the parish council or landward [1890, s. 31 committee of any parish comprised in the (2); 1909, district, or by any four or more local govern- 8. 53 (11) ment electors in the district; or (b) as respects any other district by any four or more local government electors in the district; that the local authority have failed to exercise their powers under this Part of this Act, in cases where those powers ought to have been exercised, the Board may cause a public local inquiry to be held. (2) If, after holding such an inquiry, the Board are satisfied that there has been such a failure on the part of the local authority, it shall be lawful for the Board, with the approval of the Lord Advocate, to apply by summary petition to either Division of the Court of 20 Session, or during vacation or recess to the Lord Ordinary on the Bills, which Division or Lord Ordinary are hereby authorised and directed to do therein, and to dispose of the expenses of the proceedings as to the said Division or Lord Ordinary shall appear to be just. 25 (3) Where it appears to the Board that a local authority have failed to make, or, if made, to give effect to any order as respects an obstructive building under this Part of this Act, or have failed to cause to be made the inspection of their district required by this 30 Part of this Act, it shall be lawful for the Board to apply by summary petition to either Division of the Court of Session, or during vacation or recess to the Lord Ordinary on the Bills, which Division or Lord Ordinary are hereby authorised and directed as in the last foregoing 35 subsection. and (12); 1923, Sch. II.] 19. Section one hundred and forty-six of the Public Procedure Health (Scotland) Act, 1897 (prescribing the procedure if local if a local authority neglect their duty), shall have effect authority neglect as if the duties imposed upon a local authority by duty. 40 sections five, eight, ten and twelve of this Act were [1909, s. 53 duties imposed by that Act. (14).] A.D. 1924. Provision of or earth closets in districts other than burghs. Supplemental. 20. (1) Without prejudice to the provisions of the waterclosets Public Health (Scotland) Act, 1897, relating to sewers and drains, the local authority of every district other than a burgh, shall require the owner of every occupied dwelling- 5 house or part of a dwelling-house occupied by a separate family within their district to provide for each such house [1919, s. 41.] or part of a house a sufficient watercloset wherever it is reasonably practicable so to do, and, where that is not so practicable, a sufficient earthcloset; and if the owner fails 10 to carry out such requirement within three months after intimation thereof, the local authority themselves may execute the necessary work, and the expenses incurred by them in so doing may be recovered by them from the owner in a summary manner. Grant of charging order in favour of owner on of works. (2) Any question which may arise under this section as to what is reasonably practicable shall be determined summarily by the sheriff who shall have regard to all the circumstances of the case, including the expense involved, and his decision shall be final. (3) In this section "owner" has the same meaning as in the Public Health (Scotland) Act, 1897. 15 20 21. (1) Where any owner has completed in respect of any dwelling-house any works required to be executed by an order of a local authority under this Part of this 25 Act, he may apply to the local authority for a charging completion order and shall produce to the local authority the certificate of their surveyor or engineer that the works have been executed to his satisfaction, and also the accounts of and vouchers for the costs, charges and expenses of the 30 works, and the local authority, when satisfied that the owner has duly executed such works and of the amount of such costs, charges and expenses, and of the expenses of obtaining the charging order which have been properly incurred, shall make an order (in this Part of this Act 35 referred to as а charging_order") providing and declaring that the house is thereby charged and burdened with an annuity to repay the amount: 66 Provided that any person aggrieved by such an order may appeal to the sheriff on giving notice of 40 appeal within one month after notice of the said order A.D. 1924. has been served on him. (2) The annuity charged shall be a sum of six pounds for every one hundred pounds of the said amount and so 5 in proportion for any less sum, and shall commence from the date of the order, and be payable for a term of thirty years to the owner named in such order, his executors or assignees. 22. (1) A charging order shall be in such form as Provisions 10 the Board may prescribe, and shall be recorded in the as to appropriate register of sasines. (2) Every annuity constituted a charge by a charging order, duly recorded in the appropriate register of sasines, shall be a charge on the premises specified in the 15 order having priority over all existing and future estates, interests and incumbrances, with the exception of— 20 25 (a) feuduties, casualties, and teinds; and (c) any charge created under any Act authorising and where more annuities than one are charged under this Part of this Act on any premises such annuities shall, as between themselves, take order and preference according to the respective dates of the charging orders being 30 recorded in the appropriate register of sasines. (3) A charging order, duly recorded in the appropriate register of sasines, shall be conclusive evidence that all notices, acts and proceedings by this Part of this Act directed with reference to or consequent on the 35 obtaining of such an order, or the making of such a charge, have been duly served, done and taken, and that the charge has been duly created, and that it is a valid charge on the premises declared to be subject thereto. charging orders. [1890, ss. 36, 37 & 95 (1); 20 & 41 (1).j 1909, ss. 19, A.D. 1924. (4) Every annuity charged by any such charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge secured upon the 27 & 28 Vict. premises by absolute order made under and in terms of the Improvement of Land Act, 1864. c. 114. (5) A charging order and all sums payable thereunder may be from time to time transferred in like manner as a bond and disposition in security or rentcharge may be transferred. 10 (6) Any owner of or other person interested in premises on which an annuity has been charged by any such charging order shall at any time be at liberty to redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon or in default 15 of agreement determined by the Board. 23. (1) The superior of any lands and heritages may give notice of his right of superiority to the local authority, and thereupon the local authority shall give the superior notice of any proceedings taken by them in 20 pursuance of this Part of this Act in relation to such lands and heritages. (2) If it appears to the sheriff, on the application of the superior, that default is being made in the execution of any works required to be executed on such lands and 25 heritages in respect of which a closing order has been made, or in the demolition of a building on such lands and heritages, or in claiming to retain any site, in pursuance of this Part of this Act, and that the interests of the applicant will be prejudiced by such default, and 30 that it is just to make the order, the sheriff may make an order empowering the applicant forthwith to enter on the lands and heritages, and within the time fixed by the order to execute the said works, or to demolish the building, or to claim to retain the site, as the case may be. 35 (3) The sheriff may in any case, by order, enlarge the time within which a claim may be made to retain the site of a building. (4) Before an order is made under this section notice of the application shall be given to the local authority. 40 |