THE

ARTIZANS AND LABOURERS DWELLINGS
IMPROVEMENT (SCOTLAND) ACT, 1875.

38 & 39 VICT. c. 49.

This Act follows with slight variation the Artizans and Labourers Dwellings Improvement Act, 1875 (ante, pp. 324 et seq.), but, unlike the last-mentioned Act, has not been affected by the amending Acts of 1879 and 1882, which do not apply to Scotland. The repealed portions of the A. & L. D. I. Act, 1875, not having been set out in this work, the Act applicable to Scotland is here given in extenso.

An Act for facilitating the Improvement of the Dwel-
lings of the Working Classes in large Towns in
Scotland.
[2nd August 1875.]

WHEREAS various portions of many cities and burghs 38 & 39
in Scotland are so built, and the buildings thereon Vict. c. 49.
are so densely inhabited, as to be highly injurious to
the moral and physical welfare of the inhabitants:

And whereas there are in such portions of cities and burghs as aforesaid a great number of houses, courts, and alleys which, by reason of the want of light, air, ventilation, or of proper conveniences, or from other causes, are unfit for human habitation, and fevers and diseases are constantly generated there, causing death and loss of health, not only in

the courts and alleys, but also in other parts of such cities and burghs:

And whereas it often happens that owing to the above circumstances, and to the fact that such houses, courts, and alleys are the property of several owners, it is not in the power of any one owner to make such alterations as are necessary for the public

health:

And whereas it is necessary for the public health that many of such houses, courts, and alleys should be pulled down, and such portions of the said cities and burghs should be re-constructed:

And whereas in connection with the re-construction of those portions of such cities and burghs it is expedient that provision be made for dwellings for the working class who may be displaced in consequence thereof:

Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

I. This Act may be cited for all purposes as "The Artizans and Labourers Dwellings Improvement (Scotland) Act, 1875."

PART I.

UNHEALTHY AREAS.

1. Scheme by Local Authority.

II. This Act shall apply only to royal and parliamentary burghs in Scotland containing, according to the last published census, for the time being a population of twenty-five thousand and upwards, and

the local authority shall be the local authority under the Public Health (Scotland) Act, 1867, within each such royal and parliamentary burgh.

38 & 39 Vict. c. 49,

s. 2.

of local

s. 3.

III. Where an official representation as herein-after authority. mentioned is made to the local authority that any houses, courts, or alleys within a certain area under

Local aubeing satisofficial re

thority on

fied by

tion of the

ness of

district to scheme for

make

its im

provement.

the jurisdiction of the local authority are unfit for human habitation, or that diseases indicating a generally low condition of health amongst the population presenta have been from time to time prevalent in a certain unhealthiarea within the jurisdiction of the local authority, and that such prevalence may reasonably be attributed to the closeness, narrowness, and bad arrangement or the bad condition of the streets and houses or groups of houses within such area, or to the want of light, air, ventilation, or proper conveniences, or to any other sanitary defects, or to one or more of such causes, and that the evils connected with such houses, courts, or alleys and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the re-arrangement and re-construction of the streets and houses within such area, or of some of such streets or houses, the local authority shall take such representation into their consideration, and if satisfied of the truth thereof, and of the sufficiency of their resources, shall pass a resolution to the effect that such area is an unhealthy area, and that an improvement scheme ought to be made in respect of such area, and after passing such resolution they shall forthwith proceed to make a scheme for the improvement of such

area:

Provided always, that no person being beneficially interested in any lands within such area shall vote as member of the local authority upon such resolution, or upon any question relating to the

purchase or taking of lands in which he is so interested.

If any person votes in contravention of this proviso he shall, on summary conviction, incur a penalty not exceeding twenty pounds: but the fact of his giving such vote shall not invalidate any resolution passed by the local authority.

Provided always, that any number of such areas may be included in one improvement scheme.

IV. An official representation shall mean a representation made to the local authority by the medical officer of health of such authority. A medical officer acting in pursuance of this Act shall make such representation whenever he sees cause to make the same; and if two or more justices of the peace acting within the jurisdiction for which he is medical officer, or twelve or more persons liable to be rated to any rate out of the proceeds of which the expenses of the local authority under this Act are made payable, complain to him of the unhealthiness of any area within such jurisdiction, it shall be the duty of the officer forthwith to inspect such area, and to make an official representation stating the facts of the case, and whether in his opinion the area is an unhealthy area or not an unhealthy area, for the purposes of this Act.

V. The improvement scheme of a local authority shall be accompanied by maps, particulars, and estimates; it may exclude any part of the area in respect of which an official representation is made, or include any neighbouring lands, if the local authority are of opinion that such exclusion is expedient or inclusion is necessary for making their scheme efficient for sanitary purposes; it may also provide for widening any existing approaches to the unhealthy area or otherwise for opening out the

same for the purposes of ventilation or health; also it shall distinguish the lands proposed to be taken compulsorily, and shall provide for the accommodation of at the least as many persons of the working class as may be displaced in the area with respect to which the scheme is proposed, in suitable dwellings, which, unless there are any special reasons to the contrary, shall be situate within the limits of the same area, or in the vicinity thereof, and shall also provide for proper sanitary arrangements. It may also provide for such scheme or any part thereof being carried out and effected by the owner or with the concurrence of the owner of any property subject to the same, under the superintendence and control of the local authority, and upon such terms and conditions to be embodied in the scheme as may be agreed upon between the local authority and such owner.

2. Confirmation of Scheme.

VI. Upon the completion of an improvement scheme the local authority shall—

38 & 39

Vict. c. 49,

s. 5.

s. 6.

Improve

scheme

by proorder to be

visional

confirmed by Parliament.

Publish, during three consecutive weeks in the ment month of September, or October, or November, in some one and the same newspaper circulating within the jurisdiction of the local authority an advertisement stating the fact of a scheme having been made, the limits of the area to which the scheme relates, and naming a place within such area or in the vicinity thereof where a copy of the scheme may be seen at all reasonable hours; and

Publica

tion of

notices.

notices.

During the month next following the month in Service of which such advertisement is published serve a notice on every owner or reputed owner, lessee or reputed lessee, and occupier of any lands proposed to be