PART II. Session and Chapter. 12 & 13 Vict. c. 94 13 & 14 Vict. c. 90 15 & 16 Vict. c. 42 The first Public Health Sup- Sects. 6 to 12, both inclusive POWERS OF LOCAL AUTHORITIES IN SCOTLAND IN REGARD TO GAS AND WATER SUPPLY. I.-Gas Supply. THE differences existing between the powers of local authorities in Scotland and England respectively in regard to gas supply, will be found set out in the Introduction (Gas). For the law regulating the supply of gas, see the Sales of Gas (Scotland) Act, 1864, ante, p. 98, and the Burghs Gas Supply (Scotland) Act, 1876, infra. The provisions of the General Police and Improvement (Scotland) Act, 1862, with reference to gas supply, will be found ante, pp. 22-24. See the Gas and Water Facilities Acts, ante, p. 354 et seq. THE BURGHS GAS SUPPLY (SCOTLAND) ACT, 1876. 39 & 40 VICT. c. 49. CLAUSES. 1. Short title. 2. Application of act limited. 3. Interpretation of terms. I.-ADOPTION OF THE ACT. 4. Town council or commissioners of police may resolve that this act shall be adopted, and cause such resolution to be published. 5. If resolution approved, this act to be adopted, and minute to be registered in sheriff court books. II.-INCORPORATION OF ACTS. 6. Incorporation of acts and parts of acts. III. THE COMMISSIONERS; THEIR PROCEEDINGS. 7. Commissioners for executing act. 8. Power to commissioners to appoint committee. 9. Two or more burghs may amalgamate. 10. Meetings of committee. 11. Vacancies not to invalidate acts of commissioners. 12. Minutes of proceedings. 13. Contract for supply of gas not to disqualify commissioners. 14. Liability for payment of rates not to disqualify. 15. Books and accounts to be kept. 16. Auditor to be appointed. 17. Accounts to be balanced. CLAUSES. IV. GENERAL POWERS AND OBLIGATIONS OF COMMISSIONERS. 18. Commissioners may erect gasworks and supply public and private lights in certain cases. 19. Sale of superfluous lands. 20. Commissioners may purchase gasworks. 21. Provisions for purchase. 22. Consideration for gasworks of any company if purchased. 23. Annuities to vest in shareholders of company, subject to provisoes. 24. Actions not to abate. 25. Company to cease to supply gas. 26. Ultimate dissolution of company. V.-BORROWING POWERS OF COMMISSIONERS. 27. Power to borrow on mortgage. 28. Form of mortgage. 29. Mortgages may be accompanied with interest warrants. 30. Commissioners may borrow on credit of a cash account. 31. Manner in which mortgages and orders on bank account to be signed and executed. 32. Arrears may be enforced by appointment of a judicial factor. 33. Power and duties of judicial factor. 34. Mortgages to be personal estate. 35. Discharge of mortgages. 36. Providing for regular payment of annuities. 37. Application of money borrowed. 38. Guarantee rate. 39. Assessment and levy of rate. 40. Sinking fund. VI.-GENERAL PROVISIONS. 41. Commissioners to fix rates for gas. 42. Commissioners may contract to light adjoining burghs. 43. Supply of adjacent districts. 44. Dispensing with notice as to interference with streets. 45. Obligation on commissioners as to supply of gas. 46. Gas pipes may be put in buildings. 47. Gas to be consumed by meter. 48. Power to enter buildings to inspect meters, &c., and for ascertaining quantities of gas consumed. 49. Notice to commissioners putting up or removing meters. 50. Repair of meters. 51. Power to commissioners to let meters. 52. Register of meter to be primâ facie evidence. 53. Power to remove meters and fittings. 54. Fraudulently injuring meters, &c. 55. For preventing wilful waste of gas. 56. Pressure of gas. 57. Quality of gas. 58. Commissioners to maintain apparatus to test illuminating power of gas. 59. Provision for testing quality of gas. 60. Costs of experiment to be paid according to the event. 61. Recovery of sums owing to commissioners. 62. Contents of summons or warrant. 63. Recovery of penalties. SCHEDULES. 39 & 40 VICT C. 49. An Act to make Provision for lighting Burghs in Scotland Be it enacted by the Queen's most excellent majesty, by and 1. This act may be cited as "The Burghs Gas Supply Short title. (Scotland) Act, 1876." 2. The provisions of this act shall not empower the town Application council or commissioners of police of any burgh in which this of act limited. act shall be adopted, as commissioners under this act, to supply gas within any part of the area of supply over which the town council or commissioners of police of any other burgh, or any gas company, incorporated by act of parliament, or any company, partnership, or person authorized by any provisional order confirmed by act of parliament, shall have statutory powers to supply gas at the date of the adoption of this act in such burgh. 3. The following expressions in this act have the meanings Interpretation hereby assigned to them; (that is to say,) "Burgh" shall mean royal burgh and parliamentary burgh, and includes every burgh and place having town councillors or commissioners of police elected under any general or local act of parliament : "Commissioners" means the authority for executing this act in any burgh in which the same shall be adopted: "Elector" means any person entitled to vote in the election of town councillors or police commissioners in any burgh or any ward thereof: "Ratepayer" has the same meaning in this act as "householder" has in "The General Police and Improvement (Scotland) Act, 1862," as amended by "The General Police and Improvement (Scotland) Act, 1862, Amendment Act:" "Lands and heritages" has the same meaning in this act as in the act of the seventeenth and eighteenth year of the reign of her present Majesty, chapter ninetyone, intituled "An Act for the valuation of lands and heritages in Scotland: " of terms. Town council or commissioners of police may resolve that this act shall be adopted, and cause such resolution to be published. If resolution approved, this act to be adopted, and minute to be "Company means any person, persons, company, or com- "Annuity" means any annuity payable under this act : "Clerk," "treasurer," and "collector" mean the clerk, I.-Adoption of the Act. 4. It shall be lawful for the town council in any burgh in which there is a town council, and for the commissioners of police in any other burgh, by a majority of the members who are present at a meeting of such town council or commissioners specially called for the purpose, to resolve that this act shall be adopted in and applied to the burgh, and to appoint a day not earlier than the third and not later than the thirtieth lawful day after the completion of the then next ensuing annual election of councillors or commissioners of police, as the case may be, for the burgh, for holding a second special meeting to resume consideration of such resolution; and a copy of any minute containing such resolution and appointment shall be inserted once in each newspaper published in the burgh one month at least before such next annual election; and if there be no newspaper published in the burgh, a copy of such minute shall be delivered or transmitted through the post-office to each elector and to the sheriff clerk and clerk of the peace of the county within which the burgh is situated, and shall be inserted once in a newspaper published in such county, or in an adjoining county, one month at least before such next annual election. 5. No such resolution as in the preceding section mentioned shall have any validity unless approved by a majority of two-thirds at least of the members of the town council or commissioners of police. as the case may be, who are present |