56 & 57 Vict., Cap. 52. Short title and construction. Amendment of BURGHS GAS SUPPLY (SCOT LAND) ACT, 1893. 56 & 57 Vict., Cap. 52. An Act to amend the Burghs Gas Supply (Scotland) Act, 1876. [Introductory words.] [22nd September 1893.] 1. This Act may be cited as the Burghs Gas Supply (Scotland) Act, 1893, and it shall be read and construed along with the Burghs Gas Supply (Scotland) Act, 1876. 2. The provisions of the eighteenth section of the recited Act, which enact that the Commissioners for executing that Act shall not manufacture or store gas or any residual products upon any lands without the previous consent in writing of the owner, lessee, and occupier, of every dwelling-house situate within three hundred yards of the limits of such lands, shall be modified and altered to the following effect, viz. It shall no longer be necessary to make the return to the Board of Trade required by the recited Act, but before proceeding with such manufacture or storage the Commissioners shall give notice in writing to every owner, lessee, and occupier of every dwellinghouse situate within three hundred yards of the limits of the land in question and by advertisement published once a week for two weeks in any newspaper circulating within the burgh, of their intention to proceed with such manufacture and storage, and in the event of any owner, lessee, or occupier refusing or delaying to give the consent provided for in the recited Act for more than ten days after the last date of publication of such advertisement, the sheriff may, on the application of the Commissioners, and after such investigation and inquiry as he may deem necessary, by a deliverance under his hand find and declare that such consent may be dispensed with, and such deliverance shall be final and not subject to review, and the sheriff shall make such finding as to the expenses of the application as shall seem to him just in the circum stances. It shall not be in the power of the Commissioners to renew such application until the expiration of a period of twelve months from the date of the deliverance. In this section the word "sheriff" shall not include sheriff substitute. PUBLIC AUTHORITIES PRO- 56 & 57 Vict., Cap. 61. An Act to generalize and amend certain statutory provisions for the protection of persons acting in the execution of statutory and other public duties. (a) [Introductory words.] [5th December 1893.] 1. Where after the commencement of this Act any action, prosecution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty, or authority, the following provisions shall have effect: (a) The action, prosecution, or proceeding shall not (b) lie or be instituted unless it is commenced within Wherever in any such action a judgment is (c) Where the proceeding is an action for damages, (a) Short Title, the Public Authorities Protection Act, 1893. See s. 5. For repeal of provisions for which those contained herein are substituted, see s. 2. 56 & 57 Vict., Cap. 61. Protection of persons acting in execution of other public duty. statutory or 56 & 57 Vict., Cap. 61. Repeal. Saving as to Commence ment. Short title. payment; but this provision shall not affect costs on any injunction in the action : (d.) If, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding the court may award to the defendant costs to be taxed as between solicitor and client. This section shall not affect any proceedings by any department of the Government against any local authority or officer of a local authority. 2. There shall be repealed as to the United Kingdom so much of any public general Act as enacts that in any proceeding to which this Act applies (a.) the proceeding is to be commenced in any particular place; or (b.) the proceeding is to be commenced within any particular time; or (c.) notice of action is to be given; or (d.) the defendant is to be entitled to any particular kind or amount of costs, or the plaintiff is to be deprived of costs in any specified event; or (e.) the defendant may plead the general issue; and in particular there shall be so repealed the enactments specified in the schedule to this Act (a) to the extent in that schedule mentioned. This repeal shall not affect any proceeding pending at the commencement of this Act. 3. This Act shall not apply to any action, prosecution, or other proceeding for any act done in pursuance or execution, or intended execution, of any Act of Parliament, or in respect of any alleged neglect or default in the execution of any Act of Parliament, or on account of any act done in any case instituted under an Act of Parliament, when that Act of Parliament applies to Scotland only, and contains a limitation of the time and other conditions for the action, prosecution, or proceeding. 4. This Act shall come into operation on the first day of January one thousand eight hundred and ninety-four. 5. This Act may be cited as the Public Authorities Protection Act, 1893. (a) viz., so far as relates to Acts contained in this volume, the Lighting and Watching Act, 1833, s. 69, p. 24, and the Sale of Gas Act, 1859, ss. 27 and 28, p. 138. 56 & 57 Vict., Cap. 202. LONDON COUNTY COUNCIL (SUBWAYS) ACT, 1893. 56 & 57 Vict., Cap. 202. An Act to confer further powers on the London County Council with respect to their existing subways. [Preamble.] [24th August 1893.] 1. This Act may be cited for all purposes as the Short title. London County Council (Subways) Act 1893. 2. In this Act The expression "the Council' Interpreta means the London tion. means the administra The expression "the county The expression "street" has the meaning assigned (a) Now Common Council. See City of London Sewers Act, 1897, s. 7. P. 470. (b) Now a Metropolitan Borough Council. See London Government Act, 1899, s. 4. P. 483. As to Westminster, Council of City of Westminster. See London Gazette, October 30, 1900, as to Letters Patent constituting Westminster a City. EE 56 & 57 Vict., Cap. 202. Removal of pipes and wires into subway. As to removal of pipes or The expression "wire" includes any wire conductor or cable and any attachment thereto or covering or protection thereof any part of which is placed or may be placed under any street or any part of any street by the Company; The expression "telegraphic line" has the same meaning as in the Telegraph Act 1878. 3. The company (without the consent of the Council) shall not in a street where there is a subway interfere with the surface of the street for the purpose of laying or renewing a pipe other than a communication or supply pipe unless they shall have given seven days' notice in writing to the Council of their intention so to do And the Council may at any time within the said period of seven days by notice under the hand of their engineer require the company to lay such pipe in such subway. Where the Council have a subway in any street it shall be lawful for the Council at any time by notice in writing to require the company to remove into such subway any then existing pipes or wires of the company in the street for the reception of which such subway shall be convenient Provided that where pipes for the supply of water or gas are required to be removed provision shall be made for the continuance of the supply during such removal unless with the consent of the person entitled to the supply. The reasonable cost of such removal (including the cost involved in removing or altering communications between the pipe or wire removed and any house or building and the cost of providing for the continuance of any supply of water or gas during such removal) shall be defrayed by the Council and if any difference arise as to the reasonable amount of such cost the same shall be settled by an arbitrator. If default be made by the company in the removal of any such pipe or wire the Council whether having the control or management of the surface and soil of the street or not may if they think fit take up the pipe or wire in respect of which default is made and may remove the same into the subway and if it be necessary for the purpose of such removal to substitute new pipes for any existing pipes in the street the arbitrator may apportion the cost of such substitution between the Council and the company if he considers the company derive any benefit from the substitution. 4. If under the powers of this Act the Council cause any pipe or wire to be removed into any part of any sub |