§ (1.) The local authority of any district other than a burgh may, subject to the approval of the county council, make byelaws for the whole or any part of their district for regulating the building or rebuilding of houses or buildings, or the use for human habitation of any building not previously so used, or any alteration in the mode of occupancy of any existing house in such a manner as will increase the number of separate houses in respect to the following matters:
- (a.) The drainage of the subsoil of sites for the prevention of dampness in houses intended for human habitation.
- (b.) The structure of walls, foundations, roofs, and chimneys of new buildings in so far as likely to affect human health.
- (c.) The ventilation of houses and buildings intended for human habitation.
- (d.) The sufficiency of the space above buildings to secure a free circulation of air.
- (e.) The construction and arrangement of the drainage of houses and buildings and of soil-pipes and waste-pipes, and the construction and position of water-closets, earth-closets, privies, ash-pits, cess-pools, dungsteads, slopsinks, and rainwater pipes and rhones.
- (f.) The production of suitable building plans in respect of the matters in this section mentioned, and their inspection.
- (g.) The intimation previous to the commencement, by the owner or person laying out the work to the local authority, of the date of the commencement, and for the due inspection in respect of the matters in this section mentioned, of houses or buildings in process of erection or alteration, and the examination of drains thereof, and for the pulling down, alteration, or amendment of any work
1350 which has been carried out in contravention of the byelaws.
§ (2.) In making such byelaws the local authority shall have regard to the special circumstances of their district or the part thereof to which such byelaws relate.
§ Amendment made: In paragraph (d) leave out "above" and insert "about."—(Captain Sinclair).
CAPTAIN SINCLAIRmoved in paragraph (d) after "air," insert "including the level, width, and construction of new streets." The Amendment, he said, was intended to make less vague the sub-clause of the Bill. It was in order to enable local authorities to prevent insanitary conditions arising which, under the present system, they had to cure at very great cost and expense to themselves. It was a power which was desired by many local authorities.
§ *THE LORD ADVOCATEsaid he could not accept the Amendment. If these words were introduced it would extend the Dean of Guild jurisdiction in the towns. He had always opposed that and he opposed it in Committee, and he thought the majority was of the same view.
CAPTAIN SINCLAIRasked what "sufficiency" meant if it did not include the space in front of the house, which meant the width of the streets?
§ *THE LORD ADVOCATEsaid they had just put in the word "about."
§ MR. CALDWELLthought it was very important that there should be power given with regard to the width and construction of streets for this reason, that if a street was once formed in those districts, even though they were afterwards formed into burghs, the street remained in its old condition. He thought these words were essential. They should deal with the subject now instead of allowing the streets to be stereotyped and afterwards, when a burgh was formed, always being a source of annoyance and nuisance to the whole burgh.
§ MR. C. B. RENSHAW (Renfrew, W.)thought it would be a singularly unfortunate proposal if in this Bill they were to give the local authority power to deal with a question which did not properly come within 1351 their jurisdiction at all, but which was entirely under the jurisdiction and administration of the road authority.
§ MR. UREwas understood to say that the object desired could be carried out by the clause as it stood.
§ Amendment negatived.
§ Clause 180,—