a common stair shall, in weekly rotation, cause
the landing and the stair immediately below the
flat or storey occupied by them to be kept clean
to the satisfaction of the sanitary inspector, such
weekly rotation to be determined and fixed by the
sanitary inspector, or by another officer of the
town council authorised in writing for that purpose
by the town council.

(2) If any flat or storey be unoccupied, the
occupiers of the flats or storeys above shall, in
weekly rotation determined and fixed as afore-
said, cause the landings and stairs below, leading
to such empty flat or storey, to be kept clean and
washed downwards to the next flat or storey
which shall be occupied.

(3) If the top flat or storey be unoccupied, then the stair leading thereto shall be kept clean, in weekly rotation determined and fixed as aforesaid, by the occupiers of the flat or storey immediately below such top flat or storey.

(4) Any water-closet or other closet used in common, and any passage or stair or continuation of a passage or stair to any area, backgreen, backcourt, or any ground or space used in common, whether as a drying green or court or otherwise, shall be kept clean and washed in weekly rotation determined and fixed as aforesaid, by the occupiers of the several houses or premises in the building, including shopkeepers (if any), as have right to use the said water-closet or other closet, passage or stair or continuation of said passage or stair.

(5) All areas and common passages leading to cellars shall be cleansed weekly, in rotation determined and fixed as aforesaid, by the occupiers of the cellars, or by parties having a right to use such areas or passages, or who shall use such areas or passages, and if there be no occupiers or such other parties then by the owner of the said property.

(6) In cases where the common stair enters from or off a street (public or private) above, the occupiers of every house, flat or storey shall in weekly rotation determined and fixed as aforesaid

A.D. 1926.

A.D. 1926.

Common

stairs,

closes,

washing

houses, and waterclosets and houses let for short periods to be cleansed by owners.

keep clean the passage and stair from such street
or flat immediately above them downwards to the
house, flat or storey occupied by them, and shall
also in such rotation cleanse any area or any
passage leading to any ground or back-green 5
connected therewith.

(7) If any flat or storey of a building entering
from or off a street (public or private) above be
unoccupied the occupiers of the flats or houses
occupied shall, in weekly rotation determined 10
and fixed as aforesaid, keep clean the stairs and
passages upwards to such street, and clean the
area if there be one, or to the next house that shall
be occupied.

(8) The owners or persons having charge of 15 houses or buildings shall clean out unoccupied cellars and apartments.

(9) The occupiers of every house or premises on the ground or street floor having entrance from or a right to use a common passage or a close 20 in a building shall, in weekly rotation determined and fixed as aforesaid, cause such passage or close and steps to the street to be kept clean, and where there is no such house or other occupied premises having entrance from, or no occupier having a 25 right to use, such passage, the duty of keeping clean the passage and steps to such street shall devolve upon the occupiers of the several flats above, in weekly rotation determined and fixed as aforesaid.

(10) Every person failing in any of the foregoing matters shall for each offence be liable to a penalty not exceeding five shillings.

30

29. Section one hundred and one hundred and seventeen of the principal Act is hereby repealed, and the following 35 section substituted therefor:

(1) The owner or owners of common stairs or common passages, or of the walls and roofs of closes or the walls of open courts, or of washinghouses and water-closets or other conveniences, 40 used or provided for use, or intended to be used, in common by more than one occupier, shall once every year within twenty-eight days after receiving

པ་

5

10

15

notice from the sanitary inspector to do so, A.D. 1926. whitewash, or, at the option of the owner, paint

the same.

(2) The owner or owners of premises occupied
as dwelling houses let for shorter periods than six
months shall, within twenty-eight days after
receiving notice to do so from the sanitary inspector,
thoroughly cleanse such premises and every part
and pertinent thereof, to the satisfaction of the
sanitary inspector.

(3) If any owner or owners fail to execute the
work specified in a notice served on him or them
in terms of the two preceding subsections, the town
council may
themselves execute the same,
exercising the option in the first subsection, and
shall recover the costs, charges, and expenses
thereof as private improvement expenses from
the owner or owners in default.

30. Section one hundred and nineteen of the prin- Amendment 20 cipal Act (which section imposes a penalty on keeping a of s. 119 of dwelling-house in dirty condition) shall be amended by principal the insertion of the words at any time within three months" after the word "conditions."

25

66

Paving and Maintaining Streets.

Act.

street or

31.-(1) Where in the opinion of the town council Power to any street or right-of-way has from change of circum- town counstances or otherwise become useless or dangerous to the cil to shut public, the town council may resolve that the same shall up any be shut up and closed, or they may by resolution consent right-of30 to the shutting up and closing of the same either for a way, or to money payment to the town council or on such terms dispose as may be arranged with the owner of the land upon which thereof. such street or right-of-way exists.

(2) Such resolution shall not have effect until the 35 expiration of three months from the date thereof, provided that public advertisement shall be given of the intention to propose such a resolution in a newspaper circulating in the burgh at least twenty-one days prior to the meeting at which it is to be proposed.

40

(3) Upon such resolution being adopted public advertisement thereof shall be given (a) in a newspaper circulating in the burgh once at least in each of the three

A.D. 1926. months following the date of meeting at which it was adopted and b) by printed notices which shall be affixed during the said three months in some conspicuous place at both ends of the street or right of way affected.

(4) Such resolution shall be final and not subject 5 to review in any court or process or proceeding whatsoever, unless three ratepayers who shall be dissatisfied with such resolution shall within three months from the date thereof appeal to the sheriff who shall hear and determine the matter of the appeal and shall make such 10 order thereon, either confirming, quashing or varying the same and shall award such costs to either of the parties as he shall think fit.

(5) Any sum of money received by the town council under the provisions of this section shall be applied 15 towards the payment of any debt existing in respect of any highway or public street or road in the burgh or towards the payment of the cost of any public improvement as the town council may determine.

32. Section one hundred and fifty-one of the 20 principal Act (which section relates to the making of new streets) shall be amended by the deletion of the word "" main occurring before the word " thoroughfares."

33. Any land or property purchased or taken by the town council, and thrown into any street shall form 25 part of such street, and be a public highway.

34. Section one hundred and sixty-four of the principal Act (which section relates to the conveyance of rainwater from the roofs of houses) shall be amended by the insertion of the words "street or" between the 30 words "footpath or " and "public thoroughfare," where these occur in said section.

35. Section one hundred and forty-one of the principal Act (which section relates to foot pavements) shall be amended by the insertion of the words "and to 35 "be provided with kerbs, water channels, and drains,' after the word "made."

36. Section sixteen of the Act of 1903 (which section relates to footways of private streets) shall be amended by the insertion of the words "or abutting" 49 after the word "fronting," and section seventeen of the said Act (which section relates to footways) shall be

99
"

amended by the insertion of the words "fronting or before the word "abutting," where it occurs in subsections (2) (3) and (4) thereof.

A.D. 1926.

before certi

37. The surveyor of a burgh shall not grant a Street being 5 certificate in terms of section one hundred and eighty access to of the principal Act that a new house or building new houses or buildings abutting on any new street, for the formation of which to be formed warrant has been granted by the town council in terms of section eleven of the Act of 1903, is fit for occupation, ficate of 10 unless and until so much of the said new street, as shall occupancy be necessary for forming a proper approach to such new granted. house or building, has been formed to the satisfaction of the town council.

to be limit

38. Where any house or building fronting or Building 15 abutting on a disturnpiked road is taken down in whole line of turnor in part in order to be altered, or rebuilt, and must, pike road in conformity with the terms of any Turnpike Act regu- of enclosure. lating the width of said road, be set back to a building line further away from the centre line of the road than 20 its position at the time of taking it down to be rebuilt, and where any house or building is being erected fronting or abutting on a disturnpiked road it shall not be lawful for the proprietor of such house or building to erect any wall or building, or make any enclosure between the 25 building line as provided in such Turnpike Act and the centre of the road.

Dean of Guild Court and Buildings.

39. (1) The dean of guild court established in Constitution terms of the provisions of section two hundred and of dean of 30 two of the principal Act shall in burghs having a dean guild court. of guild consist of the dean of guild and not more than four nor less than two other members of the town council, and in other burghs of a member of the town council to be appointed dean of guild and not more 35 than four nor less than two other members of the town council.

(2) Where in any burgh there is at present a dean of guild the existing law and practice of his election shall continue and in all other burghs having dean of 40 guild courts established under section two hundred and two of the principal Act the dean of guild shall be elected annually by the town council at the meeting at which the election of the magistrates takes place.