HC Deb 22 July 1897 vol 51 cc797-8

It shall not be necessary to restrict such decree to any special remedy prayed for in the petition, but, as the case shall require, the author of the nuisance or owner or occupier of the premises may be ordained to execute such works or to do or to abstain or cease from doing such acts or things as are necessary to remove the nuisance complained of, in such manner and within such time as in the interlocutor shall be specified; and if the sheriff, magistrate, or justice is of opinion that such or the like nuisance is likely to recur, he may further grant interdict against the recurrence of it, or do otherwise, as the case may in his judgment require; and if the nuisance proved to exist be such as to render a house or building unfit for human habitation or use, he may prohibit such habitation or use until in his judgment it is rendered fit there for, and on the sheriff, magistrate, or justice being satisfied that it has been rendered fit for that purpose he may declare the house or building habitable, and from the date thereof such house or building may be let or occupied, or the sheriff, magistrate, or justice may do otherwise as the case may in his judgment require. Provided that where the use of any house or building is so prohibited, the local authority may make to every tenant occupying the same, not being the author of the nuisance, such reasonable allowance on account of his expenses in removing as may have been authorised by the sheriff, magistrate, or justice. which he is hereby empowered to award, and the amount of the said allowance shall be a debt due from the owner of the dwelling horse to the local authority, and shall be recoverable in a summary manner.

Amendment made: Leave out "in the interlocutor." (Mr. Caldwell.)

Leave out from the words "judgment require" to the end of the clause.—(The Lord Advocate.)

Clause 24,—