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A.D. 1926.

President

of dean of

(3) The members of the court other than the dean of guild shall also be elected annually at the said meeting of the town council at which the annual election of magistrates takes place, and the dean of guild and the other members of the court so elected shall hold office 5 until the election of their successors.

(4) In the event of any vacancy occurring during any year or in the event of the town council failing to elect the members of the said court or any of them at the said meeting, the town council shall fill up the vacancy or 10 vacancies at a meeting to be held as soon thereafter as possible; but the said court may act notwithstanding any deficiency or vacancy in their number so long as a quorum remains in office.

(5) The town council shall at the time of election 15 prescribe the order of seniority for the purposes of the immediately succeeding section of this Act of the members of the said court:

Provided always that it shall not be lawful for any member of the dean of guild court to sit as a member of 20 the said court when any matter in which he is personally interested is under consideration.

(6) Section two hundred and three of the principal Act (which section relates to the constitution of the dean of guild court) is hereby repealed, and the refer- 25 ence thereto in section two hundred and two of the principal Act shall be deemed to be a reference to this section: Provided always that nothing herein contained shall alter, prejudice or affect the existing constitution rights or privileges of any dean of guild court existing 30 at the commencement of the principal Act the members, lyners or assessors whereof are not under the existing constitution wholly appointed by the town council.

40.-(1) In a dean of guild court established in terms of section two hundred and two of the principal 35 guild court, Act, the dean of guild, or in his absence, one of the other members of the said court in the prescribed order of seniority, shall preside at meetings of the court and the president shall have a casting as well as a deliberative

&c

vote.

(2) Two members of the said court present at any meeting shall constitute a quorum.

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(3) Interlocutors pronounced or ordered at any A.D. 1926. meeting of the said court shall be signed by the member presiding, but deliverances appointing service or intimation of any petition, motion, or other step of procedure 5 or fixing a diet for hearing parties, may be pronounced and signed by the clerk or by any member of the said court without the necessity of a meeting.

(4) The said court may appoint committees of their number for the purpose of inspecting buildings or streets 10 or disposing of incidental questions arising in any case before them, and may for such purposes delegate any of their powers to the said committees.

(5) The quorum and convener of any committee shall be fixed and appointed by the said court and the 15 convener shall preside and shall have a casting as well as a deliberative vote.

41. The dean of guild court may, in granting any Linings may warrant or lining, specify therein the period during be granted which such warrant or lining shall remain in force, not for fixed 20 being less than one year, and any person acting upon periods.

such warrant or lining after the expiration of the period so fixed, shall be deemed to be guilty of a guild offence, and be liable to a penalty of the like amount as such person would have been liable to, if, in the first instance, 25 he had proceeded without a warrant or lining with the work to which the expired warrant or lining relates.

bustible material.

42. The owner of any building having a roof covered Roofs to be with thatch or other like material shall within one month covered after notice given to him by the town council to that with incom30 effect remove or alter the same so as to provide said building with a roof constructed of or covered with incombustible material; any owner failing to comply with such notice shall be guilty of an offence and shall be liable to a penalty not exceeding five pounds, and 35 to a further penalty not exceeding twenty shillings for every day during which such offence shall continue after conviction.

increase

43.-(1) It shall not be lawful for any person or owner Houses not of any dwelling house, tenement of dwelling-houses or tene- to be altered 40 ment of shops and dwelling-houses to make any alteration so as to thereon or in the use or occupation thereof, which shall number of have the effect of increasing the number of separate separate dwelling-houses therein, without obtaining the authority occupiers,

A.D. 1926. of the town council for making such alterations in the use and occupation, and of the dean of guild court for any alteration of the structure; and the provisions of section one hundred and seventy-one of the principal Act (which section limits the number of houses in common stairs) 5 shall extend to and include any existing tenement of houses which it may be proposed to alter so as to increase the number of separate dwellings therein.

Height of

rooms.

Amendment

of s. 173 of principal Act.

(2) Section one hundred and sixty-six of the principal Act shall be amended by the substitution of the word 10 "" or for "and" where it first occurs in said section.

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(3) Section forty-one of the Act of 1903 shall be amended by the substitution of the word or for and " in paragraph (b) of subsection (1) thereof.

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44. Section one hundred and seventy-two of the 15 principal Act is repealed and in lieu thereof the following section shall have effect:

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In every new or reconstructed building to be used for human habitation and in every existing building adapted or taken into use for human 20 habitation, and in every building the mode of occupancy of which is altered so as to increase the number of separate houses, the height of each habitable room shall be at least eight feet six inches from floor to ceiling, except that in the 25 upper storeys of self-contained houses and in the habitable attic rooms which form part of the same house as rooms in the storey below, the height of every room shall be at least eight feet from floor to ceiling: Provided further that attic rooms shall 30 be of the prescribed height over at least one-third of the area of the room, and in calculating the area of a room for this purpose, only such part of the room shall be computed as is five feet or more in height from floor to ceiling.

In this section "self-contained house" shall mean any dwelling-house in one occupancy from the ground upwards to the roof, and "attic room shall mean any room that is constructed wholly or partly in the roof of the building.

45. Section one hundred and seventy-three of the principal Act shall be amended by the insertion after the words "one window" of the words "opening directly on to a street or other open space.

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of s. 152 of

46. In section one hundred and fifty-two of the A.D. 1926. principal Act the words "one and a quarter times where they occur in said section before the words "the width Amendment of such street" are hereby repealed, and in subsection (1) principal 5 of section sixty-one of the Act of 1903 the words "one Act and and a quarter times" where they occur in said sub- s. 61 of Act section before the words "the width of such street" of 1903. are hereby repealed.

47. Section sixty-three of the Act of 1903 shall be Amendment 10 amended by the addition after subsection (d) thereof of of s. 63 of the following proviso :

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Provided that parallel blocks of houses or blocks of houses running in the same general direction shall not in any circumstances be erected nearer to each other than eighty feet in the case of buildings of four square storeys in height and sixty feet in the case of buildings of three square storeys in height measured from and between the main front or back walls of said blocks of buildings nearest to each other.

Act of 1903.

48.-(1) Section sixty-nine of the Act of 1903 shall Amendment be amended by the substitution of the words "one-and- of s. 69 of a-half acres" for the words "one acre" where they Act of 1903. occur in the first paragraph of said section.

(2) The provisions of section sixty-three of the Act of 1903 as regards an open space for light and ventilation shall apply to the interior space in any hollow square.

forward.

49. It shall not be lawful without the written Buildings consent of the town council to erect or bring forward any not to be 30 house or building in any street, or any part of such house brought or building, beyond the front main wall of the house or building on either side thereof in the same street, nor to build any addition to any house or building beyond the front main wall of the house or building on either side of 35 the same: Provided that where such front main wall is

more than fifteen feet back from the nearest margin of the street it shall be lawful to erect or bring forward any house or building up to fifteen feet from the nearest margin of the street.

A.D. 1926.

50. Section forty of the Act of 1903 (which section relates to warrants for minor alterations on buildings) Amendment shall be amended by the substitution of the words “In

of s. 40 of

"the case

Act of 1903.

Building regulations and definition of new building.

Amendment of s. 200 of principal Act.

Amendment

of s. 174 of principal Act.

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(1) of the erection of a building; and

(2) of the alteration of or addition to an existing building;

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"which erection, alteration or addition the burgh
surveyor shall consider to be of an unimportant
character, and to which erection, alteration or addition 10
"the consent of the adjoining or abutting owners whose
property might be affected has been obtained" for
the words from the beginning of the said section down
to and including the words "erected externally."

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51. The regulations contained in the Schedule to 15 this Act shall be observed in the erection of new buildings, and so far as applicable in the alteration of existing buildings but the said regulations may be altered by the town council with the approval of the Scottish Board of Health; provided that where there is a dean of guild 20 court in a burgh such court shall come in room and in place of the town council for carrying out the provisions in said regulations. Where any house or building is taken down to or below the ceiling of the floor commonly called the ground or street floor for the purpose of being 25 built up again such house or building shall be deemed to be a new building within the meaning of this section. Section one hundred and seventy-seven of the principal Act and Schedule IV. thereto are hereby repealed.

52. Section two hundred of the principal Act (which 30 section relates to ruinous tenements) shall be amended by the insertion of the words "or they may require the area to be cleared of all materials and any rubbish or "filth thereon" after the words "or otherwise put into a state of repair to their satisfaction."

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53. Section one hundred and seventy-four of the principal Act (which section relates to the keeping in repair of common stairs and passages) shall be amended by the insertion of the words "and shall also fix and "maintain suitable metal studs, knobs or projections 40 in the rails at the side of such stairs" after the words common stairs and passages."

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