55 & 56 Vict., Cap. 30.

Addition to scheduled works.

44 & 45 Vict.

c. 37.

Commencement of Act.

Short title.

ALKALI, &c. WORKS REGULA-
TION ACT, 1892.

55 & 56 Vict., Cap. 30. An Act to amend the Alkali, &c. Works Regulation Act, 1881.

[Introductory words.]

[27th June 1892.]

1. The works specified in the schedule hereto shall be added to those specified in the schedule to the Alkali, &c. Works Regulation Act, 1881, and shall be scheduled works for the purposes of that Act.

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3. This Act shall come into operation on the first day of April in the year one thousand eight hundred and ninety-three, but certificates of registration may be applied for and issued at any time after the first day of January in that year.

4. This Act may be cited as the Alkali, &c. Works Regulation Act, 1892.

(12.) Tar works, that is to say, works where gas tar is distilled

or is heated in any manufacturing process.

55 & 56 Vict., Cap. 55.

BURGH POLICE (SCOTLAND)
ACT, 1892.

55 & 56 Vict., Cap. 55. An Act for regulating the Police and Sanitary Administration of towns and populous places, and for facilitating the union of Police and Municipal Administration in burghs in [28th June 1892.]

Scotland.

[Preamble.]

1. This Act may be cited as the Burgh Police (Scot- Short title and land) Act, 1892, and shall apply to Scotland only.

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PART I.-GENERAL.

DEFINITIONS.

extent.

4. The following words and expressions in this Act Definitions. shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,

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(3.) "Building" shall include any structure or erec-
tion of what kind and nature soever, and every
part thereof :

(4.) "Burgh," when used alone, unless otherwise ex-
pressed or inconsistent with the context, shall
include royal burgh, parliamentary burgh, burgh
incorporated by Act of Parliament, burgh of
regality, burgh of barony, and any populous
place or police burgh administered in whole
or in part under any general or local Police Act
or any burgh created under this Act:

(7.) "Chief magistrate" shall mean the lord provost,
or provost, or in his absence the magistrate pre-
sent next in seniority, according to priority of
election as such. and also the magistrate
temporarily acting as chief magistrate in any
burgh:

(8.) " Clerk,"

treasurer," and "collector" shall

55 & 56 Vict., Cap. 55.

mean the clerk, treasurer, and collector respectively, appointed by the Commissioners under the provisions of this Act: (9.) "The Commissioners shall mean the Commissioners for the purposes of this Act (a), in their collective capacity, not being Commissioners appointed by the Secretary for Scotland for holding local inquiries under this Act:

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(13.) "House," where not otherwise expressed, shall mean dwelling-house, and shall include outhouses and other erections, being pertinents of the house:

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(16.) "Lands and premises" shall include all lands, springs, rights of servitude, dwelling-houses, shops, warehouses, vaults, cellars, stables, breweries, manufactories, mills, and the fixed or attached machinery therein, yards, places, and other heritages specified or included in the Acts for the valuation of lands and heritages in Scotland in force for the time being:

[In this Act, and in the Lands Clauses Acts so far as incorporated therewith or authorised thereby to be put in force, the term “land” to include water and any right or servitude to or over land or water. See Public Health (Scotland) Act, 1897, s. 124, P. 453.]

(20.) "Magistrates" shall include the lord provost
or provost :

(21.) "Occupier" shall mean tenant or sub-tenant, or
any person in the actual occupancy; and shall
not include a lodger, or a person in the occupa-
tion as tenant of a furnished house let for a less
period than one year; but shall include the
person by whom such furnished house is so let:
(22.) "Owner shall include joint owner, fiar, life-
renter, feuar, or other person in the actual
possession of or entitled to receive the rents of
lands, and premises of every tenure or descrip-
tion, and the factor, agent, or commissioner of
such persons, or any of them, or any other per-
son, who shall intromit with or draw the rents:

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(a) Now Town Council. See Town Councils (Scotland) Act,

1900, s. 8.

Cap. 55.

(29.) "Public Health Acts" (a) shall mean the Public 55 & 56 Vict.,
Health (Scotland) Act, 1867, and any Act
amending the same:

(30.) "Sheriff" shall include sheriff-substitute, ex-
cept as regards (1) the duty of fixing and ex-
tending boundaries, (2) the compulsory acquisi-
tion of land, (3) any proceeding under section
fifteen of this Act:

(31.) "Street" shall include any road, highway,
bridge, quay, lane, square, court, alley, close,
wynd, vennel, thoroughfare, and public passage
or other place within the burgh used either by
carts or foot passengers, and not being or form-
ing part of any harbour, railway, or canal
station, depôt, wharf, towing-path, or bank.

APPLICATION OF THE ACT.

5.-(1.) This Act shall apply—

(a.) From its commencement to every existing burgh,
with the exception of the burghs named in
Schedule II. of this Act (b), and

(b.) To every burgh created under this Act from the
date when its creation is recorded in the
sheriff court books.

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Places to

which Act shall apply.

Various muni

cipal jurisdic

tions to cease and to vest in

the provost,

42. In any burgh where various municipal or police authorities possess jurisdictions and powers within the area of such burgh in police, water, gas, drainage, rating, matters of public health or otherwise, such several juris- magistrates, dictions and powers, and the whole privileges, rights, and &c. duties exercised in connexion therewith, other than those vested in, and possessed and exercised by the provost, magistrates, and town council or Commissioners (c), shall cease and determine, and such jurisdiction and all the powers and duties already existing or conferred by this Act in relation thereto, shall thereafter devolve on and be vested in, and be wholly exercised by the provost, magistrates, and town council or Commissioners (c): Provided always that where a royal burgh, or a police burgh, or part thereof is included within the parliamentary area of a burgh, this section shall not apply to the effect of uniting such burghs or amalgamating the administration thereof,

(a) Repealed by Public Health (Scotland) Act, 1897, s. 196, p. 463. For substituted reference, see that Act, ss. 12, 193, and note (a) to s. 12, pp. 451, 462.

(b) viz., Edinburgh, Glasgow, Aberdeen, Dundee, and Greenock. (c) Now Town Council. See Town Councils (Scotland) Act, 1900, s. 8.

55 & 56 Vict., but without prejudice to any application for such amalgaCap. 55. mation under the provisions of section forty-five of this Act.

Provost, magistrates, &c. to

be local authority under Public Health Act.

Special powers.

43. Notwithstanding the provisions of any general Act or local Police Act, the provost, magistrates, and town council or Commissioners (a) in every burgh shall be the local authority under the Public Health (Scotland) Act, 1867 (b), within the area of such burgh: Provided that nothing contained in this Act shall prejudice or affect the provisions of section eighty-one of the Local Government (Scotland) Act, 1889, and if any question shall arise under this proviso, the same, failing agreement, may be determined by the Secretary for Scotland after such inquiry as he shall think fit, and the provisions of section ninetythree, sub-section three, of the last-mentioned Act shall apply to such inquiry.

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45. Whenever it shall appear to the Commissioners (a) of any burgh to which this Act applies that they require additional powers for the better carrying out of the purposes of this Act, and specially powers relating to the supply of gas or water, or to the roads and streets, or to drainage or sewers or the utilisation of sewage in addition to the powers conferred by the Public Health Acts, or for the repeal or amendment of any local Acts of Parliament relating to such subjects, or their adaptation and adjustment to the provisions of this Act, with such amendments as may be found necessary, or for the repeal of any exemption from rating derived from this or any general or local Act, or to other matters cognate to the purposes of this Act, they may apply to the Secretary for Scotland for a provisional order.

Or whenever it appears desirable to the magistrates and council or the Commissioners (a) of contiguous or adjacent burghs that provision should be made for amalgamating the administration of such burghs for all or any of the purposes of this Act or both for municipal purposes and the purposes of this Act, or carrying on jointly such administration or any part thereof by joint committees or otherwise, or for executing jointly any conduits or main sewers, or any other drainage works necessary for the more effectually draining of such contiguous or adjacent burghs, such Commissioners (a) or magistrates and council, as the case may be, may make joint application to the Secretary for Scotland for a provisional order.

(a) Now Town Council. See Town Councils (Scotland) Act,

1900, s. 8.

(b) For repeal and substituted reference, see note (a), p. 397.