approved of by the inspector of cleansing, and placed daily on the outer side of the foot pavement opposite the lands and premises occupied by them, or at such other place near thereto as the inspector of cleansing shall appoint, not later than the time fixed as aforesaid; and when such daily service is in operation in any such street or district, the Commissioners may direct any ashpit in connexion with the lands and premises in or adjoining such street or district to be shut up or removed; and every occupier failing to comply with such notice shall be liable to a penalty not exceeding ten shillings for each offence.

110. Public conveniences.-The Commissioners may erect or continue public water-closets or earth closets, and latrines and urinals, in suitable places, and may place movable or fixed boxes for the temporary deposit of street sweepings in any of the streets in such situations as shall, in the opinion of the Commissioners, cause the least inconvenience or nuisance, and may defray the expense thereof and of keeping the same in good order.*

111. Streets to be watered, and wells, pumps, &c., provided.-The Commissioners shall, as often as in their opinion occasion requires, cause the streets to be watered, and they may contract with any water company or person for a supply of water for that purpose, and for cleansing the sewers and drains; and if necessary they may place pipes, conduits, and pumps in any such streets, or provide any other works and engines proper for that purpose, and remove and alter the same when and as they think proper.

112. Scavengers.-The Commissioners shall employ a sufficient number of scavengers, or contract with any person for sweeping, cleansing, and watering the streets, including the foot-pavements, and for removing all dust, ashes, rubbish, and filth therefrom, and for emptying privies and cesspools in the manner by this Act directed; and every such contractor who in any instance fails to discharge any duty imposed on him by his contract shall for every such offence be liable to a penalty not exceeding five pounds.

113. Penalty for obstructing scavengers.-Every person who refuses to permit the scavengers to remove such dirt, ashes, or rubbish as by this Act they are authorised to do, or who obstructs the scavengers in the performance of their duty, shall for every such offence be liable to a penalty not exceeding five pounds.

114. Penalty on persons other than scavengers removing dirt.-Every person other than the person employed by the Commissioners, or by some person contracting with the Commissioners for that purpose, who collects or carries away any dung, night soil, dust, ashes, rubbish, or filth by this Act directed to be collected or removed by the Commissioners, or by persons employed by them, shall be liable to a penalty not exceeding forty shillings for every such offence.

115. Sweeping and washing of common stairs.-The occupiers of every house, flat, or storey having entrance by a common stair shall cause the landing and the stair immediately below the flat or storey possessed by them to be kept clean to the satisfaction of the sanitary inspector. If any flat or storey of the tenement be unoccupied, the occupiers of the flats or storeys above shall cause the landings and stairs below, leading to such empty flat or storey, to be kept clean and washed downwards to the next house which shall be occupied, and if the top flat or storey be unoccupied, then the stair leading thereto shall be kept clean by the occupier of the flat or storey immediately below such top flat or storey; and any watercloset or other closet used in common, and any passage or continuation of a passage to any area, back green, or any ground used in common, shall be kept lean and washed by the occupiers of the several houses in such tenement in

* See 1903 Act, § 104 (2) (b).

weekly rotation; and all areas and common passages leading to cellars shall be cleansed weekly by the occupiers of the cellars in the same, or by parties having a right to use such areas or passages, or who shall use such areas or passages. 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 keep clean the passage and stair from such street or flat immediately above them downwards to the house, flat, or storey possessed by them, and also cleanse any area or any passage leading to any ground or back green connected therewith; and if any flat or storey of the tenement be unoccupied, the occupiers of the flats or houses occupied shall keep clean the stair and passages upwards to such street, and clean the area, if there be one, or to the next house that shall be occupied; and owners or persons having charge of houses or buildings shall clean out unoccupied cellars and apartments. The occupiers of every house or building having entrance from a common passage shall, in weekly rotation, cause such passage and steps to the street to be kept clean: Provided always, that where there is no house or other occupied building having entrance from 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. Every person failing in any of the above matters shall for each offence be liable to a penalty not exceeding five shillings.

116. Foot pavements to be swept by occupier.-The Commissioners shall keep properly swept and cleansed the foot pavement of every street, so far as is reasonably practicable, and shall collect and remove from the said foot pavements, so far as is reasonably practicable, all dust, ashes, rubbish, filth, and snow.

117. Common stairs and houses let for short periods to be cleansed by owners.— The owners of all common stairs and common passages shall whitewash or, at the option of the owner, paint the same once every year if required to do so by the sanitary inspector, and the owners of all premises occupied as dwelling-houses let for shorter periods than six months shall whitewash such premises, and every part and pertinent thereof, to the satisfaction of the sanitary inspector, once every year, if required to do so by such officer; and any such owner failing to do so shall be liable to a penalty not exceeding forty shillings.*

118. Surveyor, medical officer, or inspector may enter and cleanse dwellinghouses, &c., at expense of owners.-It shall be lawful, at all reasonable times, for the burgh surveyor, inspector of cleansing, medical officer of health, and sanitary inspector, to enter all dwelling-houses and other premises, and their pertinents, where he has reason to believe that they are not in a cleanly condition, and to cleanse and purify the same, and to remove any filth therefrom, at the expense of the owner of such dwelling-houses and other premises if they are unoccupied, but if they are occupied then at the expense of the occupier: Provided always, that if the owner or occupier of such dwelling-house or other premises shall object to the entrance of such surveyor, medical officer, or inspectors as aforesaid, it shall not be lawful for such surveyor, medical officer, or inspectors, to enter without a warrant from the magistrate authorising him to do so, and the magistrate is hereby authorised to grant such warrant.

119. Penalty on keeping dwelling-houses in dirty condition.-Every person occupying any part of a building let out as separate dwelling-houses who shall keep the same, or any building or place appurtenant thereto, in a dirty, unwholesome, or unhealthy condition, after notice shall have been served upon him by the sanitary inspector to cleanse the same, shall be liable to a penalty not exceeding forty shillings, and to a further penalty not exceeding twenty shillings for every day during which such offence shall continue after conviction.

See 1903 Act, Schedule.

120. Areas, &c., to be cleansed by occupiers.-All private courts, yards, areas, roofs of outbuildings in the same, and other places which are not cleansed by scavengers appointed under this Act, shall be kept clean to the satisfaction of the inspector of cleansing or sanitary inspector, by or at the expense of the occupiers of such courts, yards, areas, or other places respectively; and if such courts, yards, areas, roofs therein, or other places shall not be so kept clean, the occupiers thereof, or such of them as in the judgment of the magistrate may be found to be the real offender, shall, in addition to the expense of cleaning the same, be liable to a penalty not exceeding ten shillings for every such offence: And the word "occupiers" in this section shall include all persons having a right to use such courts, yards, areas, or other places for any purpose whatever, or if the Commissioners think fit they may cleanse all such private courts, yards, areas, roofs therein, and other places, and charge the expense thereof to the burgh general assessment, or if the property is uno cupied may charge the expense thereof to the owners.

121. Stables and byres to be kept clean.-All stables and byres, and areas therewith connected, and roofs of outhouses, shall be constantly kept in a clean condition to the satisfaction of the inspector of cleansing or sanitary inspector by the occupier thereof, under a penalty not exceeding twenty shillings for each offence; and it shall be the duty of the inspector from time to time to examine the state of all such places, with a view to the enforcement of this enactment.

122. Horse and cow dung to be kept off the streets.-It shall not be lawful to deposit, except for the purpose of removal, any cattle dung upon the streets (mews or stable lanes excepted); and no cattle dung, wherever lawfully kept, shall be mixed with any dung, soil, dirt, ashes, or filth declared by this Act to be the property of the Commissioners; and where any cattle dung shall be found in any street (excepting as aforesaid), or shall be so mixed, the same shall be taken possession of by the inspector of cleansing, and sold, and the proceeds of such sale accounted for and applied to the police purposes of this Act.

123. Dungsteads, &c., to be cleaned out.-It shall be lawful for the Commissioners, after inspection and report by the chief constable or inspector of cleansing or sanitary inspector, to regulate and limit the time within which all common necessaries and dungsteads shall be emptied and cleaned out; and if any person, under obligation by contract or otherwise to empty or clean out such places, shall fail so to do within the time so limited, such person shall be liable in a penalty not exceeding twenty shillings, besides forfeiture of any dung in such place; which dung the inspector of cleansing, or sanitary inspector, or any officer authorised by the Commissioners, may remove or dispose of as aforesaid.

124. As to removal of dung.-Every person who shall lay, or cause to be laid, on any street any dung or manure, or any hay or straw, for the purpose of removing the same, shall remove and take the same away before eight of the clock of the morning of the day on which it shall be so laid in any street, from the first day of October to the first day of April, and before seven of the clock of the morning from the first day of April to the first day of October; and if dung or manure shall be allowed to remain on any part of such streets after the said hours, the person offending shall be liable to a penalty not exceeding forty shillings for each offence, and that over and above the forfeiture of the dung or manure, which shall be removed and disposed of as aforesaid.

125. Penalty for conveying offensive matter at improper times.-The Commissioners may from time to time fix the hours within which only it shall be lawful to remove any offensive matter or thing from any premises within, or into, or

through the burgh; and when the Commissioners have fixed such hours, and given public notice thereof in such manner as they may deem proper, every person who removes any offensive matter or thing from any premises within, or into, or through the burgh at any time, except within the hours so fixed, and every person who at any time, whether such hours have been fixed by the Commissioners or not, uses for any such purpose any cart or carriage not having a covering proper for preventing the escape of the contents of such cart or carriage, or of the stench thereof, or who wilfully or negligently spills any such offensive matter or thing in the removal or passage thereof, or who does not carefully sweep and cleanse every place in which any such offensive matter or thing has been placed or unavoidably spilled, shall for every such offence be liable to a penalty not exceeding forty shillings, and in default of the apprehension of the actual offender, the driver or person having charge of the cart or carriage employed for any such purpose shall be deemed to be the offender.

126. As to laying down dung on fields, nursery, or garden grounds.—Nothing in this Act contained shall have the effect of prohibiting any person laying down dung on any field, nursery, or garden ground, for the purpose of manuring the same; but if in any case the medical officer of health shall certify that the manure so laid down in any place within the burgh is offensive or prejudicial to health, the magistrate may order it to be removed or otherwise disposed of forthwith ; and every person failing to comply with such order shall be liable to a penalty not exceeding five pounds, besides the forfeiture of such manure.

127. Commissioners may make byelaws.-The Commissioners shall have power to make byelaws for enforcing the provisions of the preceding sections with reference to cleansing.

PAVING AND MAINTAINING STREETS.

128. Carriageway of streets to be under control of Commissioners.-Subject to the provisions of this Act, and of the Roads and Streets in Police Burghs (Scotland) Act, 1891, the Commissioners shall have the sole charge and control of the carriageway of all the streets within the burgh maintained or which shall be maintained by the Commissioners and also of all foot pavements and footpaths.*

129. Power to Commissioners to improve and form public streets.-The Commissioners may from time to time cause all or any of the streets, foot pavements and footpaths, or any part thereof, to be raised, lowered, altered, and formed in such manner and with such materials as they think fit, and they shall also maintain the streets, other than private streets : Provided always, that nothing in this Act contained shall interfere with any right to have applied to the streets, so far as applicable thereto, the assessment under the Roads and Bridges (Scotland) Act, 1878, or any local Act, and any fund by law applicable to the maintenance or repair of the streets.†

130. Commissioners may place fences to footways.-The Commissioners may from time to time place and maintain such fences and posts on the side of the footways of streets as they may consider necessary for the protection of passengers, as also posts in the carriageways of the streets, so as to make the crossing thereof less dangerous for foot passengers, or may remove the same, or any obstructions to any Buch carriageway or footway.

131. Penalty on altering pavements without consent of Commissioners.—Every person who wilfully displaces or makes any alteration in the pavement, flags, or other materials of any street, without the consent of the Commissioners in writing, or without other lawful authority, shall be liable to a penalty not exceeding five pounds.

* See 1903 Act, § 104 (2) (c)

See 1903 Act, Schedule.

132. Commissioners may allow telegraph poles, &c., in or under the streets.-The Commissioners may allow any person on such terms and conditions as may be arranged :

(1.) To erect telegraph or telephone poles in the streets :

(2.) To erect or place telegraph or telephone wires either over, in, or under such

streets :

(3.) To make tunnels under or bridges over such streets : Provided always, that the persons who erect such poles or wires, or make such tunnels or bridges, shall be responsible for their proper maintenance, and for any accident that may result from any default in that respect; and any person considering himself aggrieved by any such arrangement made by the Commissioners may appeal to the sheriff in manner after provided. But nothing in this Act shall take away or abridge or prejudicially affect any right, power, or authority of Her Majesty's Postmaster General under the Telegraph Acts, 1863 to 1889, or otherwise.

PRIVATE STREETS.*

+133. Private streets not properly formed.-Where any private street in which houses or permanent buildings have been erected on one-fourth of the ground fronting the same, or part of such street has not, together with the footways thereof, been sufficiently levelled, paved, or causewayed and flagged to the satisfaction of the Commissioners, it shall be lawful for the Commissioners to cause any such street or part thereof, and the footways, to be freed from obstructions, and to be properly levelled, paved, or causewayed, and flagged and channelled in such way and with such materials as to them shall seem most expedient, and completed with fences, posts, crossings, kerbstones, and gutters, and street gratings or gullies, and thereafter maintained, to the satisfaction of the Commissioners. #134. Private streets may be declared streets, as defined in this Act.-If any private street shall at any time be made, paved, or causewayed and flagged, together with the footways thereof, and put in good order and condition, to the satisfaction of the Commissioners, then, and on application of any one or more of the owners of premises fronting or abutting upon such street, or of the superior or owner of the ground on which such private street has been formed, it shall be lawful for the Commissioners to declare, and if such street has been paved and put in order, on their requisition, as herein-before provided, they shall declare the same to be vested in the Commissioners, and it shall be thenceforward maintained by the Commissioners.

$135. Temporary works on private streets.-Where, in the judgment of the Commissioners, it is not expedient that any private street should be paved or causewayed and flagged and channelled to the full extent, as above provided for, it shall be lawful for the Commissioners to cause any such private street, or any part thereof, to be only temporarily put in order; and in carrying out this enactment the Commissioners may cause all or any of the following works to be executed, viz. :

(1.) The carriageway to be properly levelled, and laid with road metal or such other material as they shall deem proper:

(2.) Lines of kerb to be laid in such position to such level, and of such size, shape, and material as the Commissioners may determine :

(3.) Channels or gutters with gratings or gullies to be made to carry off the

water:

(4.) Temporary footways or crossings to be formed and made, using gravel, or road metal, or other material, to secure the public convenience :

And it shall be lawful for the Commissioners from time to time to cause such temporary works to be renewed: And provided always that the Commissioners

* See 1903 Act, § 19.

See 1903 Act, § 104 (2) (e).

See 1903 Act, §§ 20 and 104 (2) (d). § See 1903 Act, § 20 and Schedule.