Housing of The Working Classes Act, 1890

Miscellaneous modifications.

96.(1) This Act shall be read and construed as if for the expression “The Local Government Board,” wherever it occurs therein, the expression “the Secretary for Scotland” were substituted, except that the provisions of this Act with respect to the adoption and execution of Part III. of this Act by a rural sanitary authority shall apply to the adoption and execution thereof by a local authority, being a district committee, and the Board of Supervision for the Relief of the Poor in Scotland[1] shall be substituted in the said Part for the county council.

(2) The expenses incurred by a local authority under this Act may be defrayed in the same manner as general expenses under section ninety-four, sub-section two, of the Public Health (Scotland) Act, 1867[2] , and money may be borrowed for the purposes of this Act in the same manner and subject to the same conditions as nearly as may be as money may be borrowed for the erection of hospitals under the Public Health (Scotland) Amendment Act, 1871, [3 and any Acts amending the same]; provided that [3 in the case of a rural sanitary authority] the assessment therefor shall be levied only within the parish or parishes in respect of which such expenses are incurred.

(3) The Edinburgh Gazette shall be substituted for the London Gazette.

(4) The expression “medical officer of health” means medical officer.

(5) The expression “person entitled to the first estate of freehold in” means owner of.

(6) The expression “court of quarter sessions” means the sheriff.

(7) The expression “urban sanitary authority” means the local authority under the Public Health (Scotland) Act, 1867,[2] being a town council, or police commissioners, or trustees exercising the functions of police commissioners.

(8) The expression “rural sanitary authority” means a district committee, or where a county has not been divided into districts under the Local Government (Scotland) Act, 1889, the county council.

(9) The expression “contributory place” means a parish.

(10) The expression “court of summary jurisdiction” means the sheriff or any two justices of the peace sitting in open court, or any magistrate or magistrates within the meaning of the Summary Jurisdiction Acts.

(11) The expression “executors, administrators, or assigns” means heirs, executors, or assignees.

(12) The expression “mortgage” means bond and disposition in security.

(13) The reference to quitrents and other charges incident to tenure, and to tithe commutation rentcharge shall be read as applicable to feu duties, casualties, and teinds.

(14) With respect to byelaws authorised by this Act to be made, the provisions of the Public Health (Scotland) Act, 1867,[1] relating to rules and regulations for common lodging houses shall apply to such byelaws with the necessary variations, and a fine or penalty under any such byelaw may be recovered on summary conviction.

(15) An order in writing made by a local authority under this Act, where such local authority have not a seal, shall be authenticated by the signature of any two or more members of the local authority and of their clerk or his lawful deputy.

(16) The provisions of Part II. of this Act with respect to the powers of county councils shall not apply to Scotland.

[1 Now the Local Government Board for Scotland; see 57 &58 Vict. c. 58, s. 3.]

[2 Rep. 60 &61 Vict. c. 38, s. 196; see now that Act.]

[3 Words in brackets inserted by 59 &60 Vict. c. 31, s. 3.]

[3 Words in brackets inserted by 59 &60 Vict. c. 31, s. 3.]

[2 Rep. 60 &61 Vict. c. 38, s. 196; see now that Act.]

[1 Rep, 60 &61 Vict. c. 38. s. 196; see now that Act.]