A.D. 1897. for water supply within the same or for the purposes thereof, and the sums necessary for payment of any money borrowed therefor either before or after the passing of this Act, together with the interest thereof, shall be paid out of a special water assessment which the local authority shall raise and levy on and within such burgh or special district, in the same manner and with the same remedies and modes of recovery as are herein-after provided for the public health general assess General assessments in districts other than burghs. ment. Provided that where a special water supply district has been formed under the provisions of this Act or any of the Acts hereby repealed or of any Act, and a sufficient supply of water has been obtained and is maintained under the authority of such Act, the lands and premises situated within such special district shall not be liable to assessment for the expense of supplying water to other parts of the district of the local authority. 135. With respect to districts other than burghs, all charges and expenses incurred by or devolving on the local authority in executing this Act or any of the Acts hereby repealed, and not recovered as herein-before provided, may be defrayed out of an assessment (in this Act referred to as the public health general assessment) to be levied by the local authority upon all lands and heritages within the district or in the case of counties not divided into districts within the county, in the like manner as, but as a separate assessment from, the assessment herein-after mentioned in this section; that is to say, the said assessment shall be assessed, levied, and recovered in like manner and under like powers asThe assessment for the maintenance of roads under the provisions of the Roads and Bridges (Scotland) Act, 1878, or, where there is no such assessment, by an assessment levied in like manner as an assessment might have been levied for the maintenance of roads under that Act. Nothing contained in this Act shall affect 59 & 60 Vict. or prejudice the provisions of the Agricultural Rates, Congested Districts and Burgh Land Tax Relief (Scotland) Act, 1896. 41 & 42 Vict. c. 51. c. 37. an assessment (in this Act referred to as A.D. 1897. the public health general assessment) to be levied by the local authority along with but as a separate assessment from the assessment herein-after mentioned; that is to say, the said assessment shall be assessed, levied, and recovered in like manner and under the like powers, but without any limit, except as in the immediately succeeding section provided as The general improvement rate under Provided also, that where a special drainage by this Act authorised, which shall be im- assessment. 137. The public health general assessment Limit of posed upon all lands and heritages within the district, including any special drainage or special water supply district, shall not exceed the rate of one shilling in the pound. The special sewer assessment, and the special water assessment, exclusive of the public health general assessment, shall not in ary burgh or special drainage or special water supply district exceed the rate of three shillings in the pound. Provided that if the produce of a rate of three shillings in the pound in any burgh or special drainage or special water supply district shall not be sufficient to meet the expenditure bonâ fide incurred or contemplated within such burgh or special district, it shall be lawful to increase such rate to such extent as may have been approved by the Board; provided also, that it shall not be lawful to impose any rate in respect of the expenditure within any special district upon any premises without such special district. A.D. 1897. district committee or on the county council Power of borrowing for sewers. Power of borrowing for water supply. act or vote in any matter relating to this Act or to public health for which the ratepayers in such burgh are not liable to be assessed. Borrowing Powers. 139. It shall be lawful for the local authority to borrow for the purpose of acquiring, making, enlarging, or re-constructing sewers or for the purpose of utilising sewage; and on the security of the special sewer assessments, where such exist, or the public health general assessments, as the case may be, such sums of money, and at such times, as the local authority shall deem necessary for that purpose, and to assign the said special sewer assessments and public health general assessments, as the case may be, in security of the money to be so borrowed; and the bonds to be granted on such borrowing and transferences or assignations and discharges thereof may be in or near to the forms contained in the Second Schedule hereto annexed, and such bonds shall be signed by two members and the clerk of the local authority, and shall constitute a lien over the special sewer assessments and general assessments thereby assigned, and shall entitle the creditors therein to recover the sums thereby due from the local authority out of the first and readiest of the said special and general assessments; but no such member or officer shall be personally liable for the repayment of such money so borrowed, and all such obligations shall be deemed and taken to be granted on the sole security of the assessments assigned; and the money so borrowed shall be repayable either in one sum or by instalments, as may be arranged between the borrower and the lender, but so that the same shall be wholly repaid, together with the accruing interest, within thirty years from the date of the loan, but the amount of such loans, including interest, shall form a charge against the assessments of the years intervening between the date of such loans and the date of full repayment; and the money so borrowed as aforesaid shall be applied for the purposes specified in this section, and for no other purpose whatsoever. 140. It shall be lawful for the local authority to borrow for the purpose of constructing, purchasing, enlarging, or reconstructing such works as are herein authorised for providing a supply of water for the use of the inhabitants of the district, or for the purpose of entering into and implementing any contract or arrangement with any person for such supply, and on the security of the special water assessments, where such exist, or of public health general assessments, as the case may be, such sums of money and at such times as the local authority shall deem necessary for that purpose, and to assign the said special water assessments and public health general assessments, as the case may be, in security of the money to be so borrowed; and the bonds to be granted on such borrowing and transferences or assignations and discharges thereof may be in or near to the forms contained in the Second Schedule hereto annexed; and such bonds shall be signed by two members and the clerk of the local authority, and shall constitute a lien over the assessments thereby assigned, and shall entitle the creditors therein to recover the sums thereby due out of the first and readiest of the said assessments; but no such member or clerk shall be personally liable for the repayment of such money so borrowed, and all such obligations shall be deemed and taken to be granted on the sole security of the assessments thereby assigned, and the money 80 borrowed shall be repayable either in one sum or by instalments, as may be arranged between the borrower and the lender, but so that the same shall be wholly repaid, together with the accruing interest, within thirty years from the date of the loan; but the amount of such loans, including interest, shall form a charge against the assessments of the years intervening between the date of such loans and the date of full repayment; and the money so borrowed as aforesaid shall be applied for the purposes specified in this section and for no other purpose whatsoever. A.D. 1897. 141. It shall be lawful for the local autho- Power of borrowrity to borrow for the purpose of providing ing for offices for the use of the local authority, and hospitals, for providing and furnishing such permanent &c. hospitals, disinfecting premises and apparatus, houses of reception, or mortuaries as are herein-before authorised, and on the security of the public health general assessments, such sums of money and at such times as they shall deem necessary for that purpose, and to assign the said public health general assessments in security of the money to be so borrowed; and the bonds to be granted on such borrowing and transferences or assignations and discharges thereof may be in or near to the forms contained in the Second Schedule hereto annexed; and such bonds shall be signed by two members and the clerk of the local authority, and shall constitute a lien over the assessments thereby assigned, and shall entitle the creditors therein to recover the sums thereby due out of the first and readiest of the said assessinents; but no such member or officer shall be personally liable for the repayment of A.D. 1897. such money so borrowed, and all such obligations shall be deemed and taken to be granted on the sole security of the assessments thereby assigned, and the money so borrowed shall be repayable either in one sum or by instalments, as may be arranged between the borrower and the lender, but so that the same shall be wholly repaid, together with the accruing interest, within thirty years from the date of the loan; but the amount of such loans, including interest, shall form a charge against the assessments of the years intervening between the date of such loans and the date of full repayment; and the money so borrowed as aforesaid shall be applied for the purposes specified in this section and for no other whatsoever. purpose Power to Public Commis sioners to lend to local authority purposes. 142. The Public Works Loans CommisWorks Loan missioners may, on the recommendation of the Board, make any loan to any local authority in pursuance of any powers of borrowing conferred by this Act or by the Acts hereby refor sanitary pealed, or by the Burgh Police (Scotland) Act, 1892, whether for works already executed or yet to be executed, on the security of any fund or rate applicable to any of the purposes of these Acts, and without requiring any further or other security, such loan to be repaid within a period not exceeding thirty years, and to bear interest at such rate as may, in the judgment of the Treasury, be necessary in order to enable the loan to be made without loss to the Local Loans Fund. Audit. Power to acquire lands. Provided as follows (1.) That in determining the time when a loan as aforesaid shall be repayable, the Public Works Loan Commissioners shall have regard to the probable duration and continuing utility of the works in respect of which the same is required; (2.) That this Act shall not extend to any loan required for the purpose of defraying expenses incurred in enforcing the performance of or in performing the duty of a defaulting local authority. 143. The accounts of every local authority under this Act shall be made up and audited as part of and in the same manner and subject to the same provisions as the other accounts of such local authority. PART VIII. ACQUISITION OF LANDS. 144. A local authority may for any of the purposes of Part II., Part III., and Part VI. of this Act in terms of the Lands Clauses Acts, and whether by agreement or otherwise, purchase any lands within or without their district, and may by agreement take on lease, A.D. 1897. sell or exchange any lands within or without their district; they may also buy up any water-mill, dam, or weir, which interferes with the proper drainage of or supply of water to their district. They may also, with the sanction of the Board, sell or let any surplus land, and shall apply the proceeds in such manner, whether to the reduction of debt or otherwise, as the Board shall direct. as to 145. The following regulations shall be ob- Regulations served with respect to the purchase and compulsory taking of land otherwise than by agreement purchase of by local authorities for the purposes herein- land, &c. before mentioned:: (1.) The local authority before applying publish once at least in each of two con- serve a notice in manner herein-after by delivery of the same personally to by leaving the same at the usual or last by forwarding the same by post in a Every such plan shall be drawn on a scale of not less than four inches to a mile, and the book of reference shall contain the names of the owners and lessees or reputed owners and A.D. 1897. lessees and of the occupiers of the lands which may be taken: (2.) Upon compliance with the provisions Any such inquiry may be held by a ways Clauses Consolidation (Scotland) Act, 1845. It shall be the duty of the local authority to serve a copy of any Order so made in the manner and upon the persons in which and upon whom notices in respect of such land are hereinbefore required to be served, together with a statement that the Order will become final and have the effect of an Act of Parliament, unless within two months a memorial shall be presented to the Secretary for Scotland praying that the Order shall not become law without confirmation by Parliament: (5.) If no memorial shall be presented as aforesaid the Order shall become final and have the effect of an Act of Parliament: (6.) If a memorial has been presented to the Secretary for Scotland, it shall be lawful for him, as soon as conveniently may be, to submit such Order to Parliament for confirmation, and any Act passed to confirm such Order shall be deemed to be a Public General Act of Parliament: (7.) Every Bill for confirming any such Order shall, after the Second Reading in the House in which it originates, be referred to a Select Committee, or, if the two Houses of Parliament think fit so to order, to a Joint Committee: (8.) If, before the expiration of seven days after the Second Reading of any such Confirmation Bill in the House in which it originates, a petition is presented against any Order comprised therein, the petitioner shall be allowed to appear and oppose by himself, his agents, and wit nesses: (9.) The Committee by a majority may award costs, which shall, unless the Committee otherwise direct, include all costs from the date of the memorial: (10.) All costs, charges, and expenses incurred in relation to any appiication for, or the grant of, such Order or Provisional Order shall, to such amount as the Board think proper to direct, become a charge upon the public health general assessment, or special sewer assessment, or special water assessment, levied in the district, or special drainage district or special water supply district, as the case may be, to which such Order or Provisional Order relates: (11.)-(a.) Any question of disputed compensation under an Order or Provisional Order made under this section shall be referred to the arbitration of a sole arbiter appointed by the parties, or if the parties do not concur in the appointment of a A.D. 1897. A.D. 1897. 41 & 42 Vict. c. 76. Procedure if local authority sole arbiter then, on the application of either of them, by the Board, and the remuneration to be paid to the arbiter shall be fixed by the Board. An arbiter appointed under this subsection shall be deemed to be a sole arbiter within the meaning of the Lands Clauses Acts, and the provisions of those Acts with respect to an arbitration shall apply accordingly; and the arbiter shall, notwithstanding anything in the said Acts, determine the amount of the expenses in the arbitration, and such determination shall be final; and (b.) In construing for the purposes of this section any Acts incorporated with, or put in force under, this section, this Act, together with any Order or Provisional Order under this section, shall be deemed to be the special Act: (12.) At any inquiry or arbitration held under this section, the person or persons holding the inquiry or arbitration shall hear any authorities or parties whose interests would be affected, by themselves or their counsel or agents, and may hear witnesses: (13.) The Board shall not make any Order for purchasing the whole or any part of any park, garden, pleasure-ground, or other land required for the amenity or convenience of any dwelling-house, or any land the property of a railway company or canal company which is or may be required for the purposes of their undertaking, or any land which, in the opinion of the Board. is being held or may be required for the extension of a factory or public work: (14.) The Board shall, in making an Order for purchasing land, have regard to the extent of land held in the neighbourhood by any owner, and to the convenience of other property belonging to the same owner, and shall, as far as is practicable, avoid taking an undue or inconvenient quantity of land from any one owner: (15.) The expression "Act of Parliament in the Telegraph Act, 1878, shall include an Order under this section, although such Order may not have been confirmed by Parliament: (16.) The Board shall in their annual report include a statement of any proceedings under this section. PART IX. LEGAL PROCEEDINGS. Enforcement of and Procedure under Act. 146.-(1.) If any nuisance shall exist upon or in premises possessed or managed by the local authority, or in which the local authority A.D. 1897. have any interest, or if the local authority neglects its shall fail or neglect to perform any duty im- duty under posed upon them by this Act, or to take all Act. due proceedings in this Act authorised for the removal of nuisances or preservation of health, or due regulation of lodging-houses, or for any other of the purposes of this Act, it shall be competent for any ten ratepayers residing within the district, or for a parish council, or for the procurator fiscal of the sheriff court of the county, or for the Board, to give written notice to such local authority of the matters in which such neglect exists; and if the local authority do not within fourteen days after such notice, or, in the case of neglect to enforce any regulation or direction of the Board under Part IV. of this Act, within two days after such notice, remove or remedy the nuis. ance referred to, or in any other case neglect to take the steps authorised or required by or under this Act, it shall be competent for the parties aforesaid, or any one of them, to apply to the sheriff by summary petition, and the sheriff shall thereupon inquire into the same, and may make such decree as shall in his judgment be required to enforce the removal or remedy of the nuisance, or otherwise to compel execution of or carry out the provisions and purposes of this Act, and may appoint the same to be carried into effect by and at the sight of such persons as he may think fit, and at the expense of the local authority, or of other parties on whom the expense ought in his opinion to be laid, and for payment of the expenses of such application by the petitioners or by the local authority or other party, as justice may require : Provided always, that in regard to any nuisance for the removal of which drainage works are necessary, the sheriff may suspend consideration of the complaint for such time as may seem proper, in order to enable a general system of drainage under any general or local Act or otherwise to be carried out, the better to remove such nuisances. 18 & 19 Vic'. (2.) It shall be competent for the Board, or Procedure for any local authority, or for any parish under council, to present a petition to the sheriff, c. 68. under the fourth section of the Burial Grounds (Scotland) Act, 1855, to the same effect, and to be followed out in like manner, as if presented by any of the persons or parties therein mentioned. |