Mr. John Baker Mr. Buxton Mr. Cove Noes, 6. Sir Douglas Newton Another Amendment proposed, in page 2, line 19, at the end, to insert the words: "(2) (a) For the purpose of this section the said section 15 of The Land Drainage Act, 1918, shall be construed as authorising the Council to exercise the powers of that section as regards any part of the area of a drainage authority where the default has occurred only in a part or parts of such area, and in such case the Council may exercise as regards any such part or parts of the area any such power as is mentioned in the said Section 15 for defraying the expenses incurred pursuant to that section. (b) Without prejudice to the remedies provided in the said section for the recovery of expenses, the Council may where the powers aforesaid have been exercised in a part of such area, serve upon the drainage authority a precept demanding payment of the amount of the expenses incurred in carrying out any works or otherwise in relation to such part, and such precept shall be accompanied by particulars of the said expenses. In default of payment of the sum mentioned in such precept within six months from the date of service of the same, the said sum may be recovered summarily as a civil debt or in any court of competent jurisdiction. (3) Where a Council exercises any of the powers of the said Section 15 they may after reasonable notice require the Clerk Surveyor or other officer of the drainage authority, whose powers are proposed to be exercised by the Council, to produce for inspection and the taking of extracts or the making of copies at all reasonable times the books plans and other documents of the authority so far as may be necessary for the purpose of the due exercise of such powers --(Brigadier-General Brooke). Question proposed, "That those words be there inserted." Amendment, by leave, withdrawn. Clause agreed to. Clause 2. An Amendment made, in page 2, line 22, at the beginning, by inserting the words : "(1) Where any drain within the meaning of this section is in such a condition that the proper flow of water is impeded, then unless the condition of the drain is attributable to the subsidence of service due to mining operations, it shall be the duty of the person having control of the drain, or of the part thereof where the impediment occurs, to put the drain, or such part thereof, in proper order if by reason of such impediment agricultural land belonging to or in the occupation of some other person is injured by water, or in danger of being so injured"—(Mr. Guinness). Other Amendments made, in page 2, line 24, by leaving out the words, "drain within the meaning of this Act, and inserting the words, "such drain within the county or county borough"-(Mr. Guinness)- instead thereof; and in page 2, line 27, by leaving out the words "within the county or county borough "-(Mr. Guinness). Another Amendment proposed, in page 2, line 39, to leave out the word "two" in order to insert the word one"-(Mr. Buxton),—instead thereof.-Question put, "That the word two 'stand part of the Clause."-The Committee divided: Commander Bellairs Mr. Braithwaite Captain Briscoe Ayes, 19. Brigadier-General Brooke Lieut.-Commander Burney Another Amendment proposed, in page 3, line 20, to leave out paragraph (c)-(Sir Douglas Newton).-Question proposed, "That paragraph (c) stand part of the Clause." Amendment, by leave, withdrawn. Another Amendment proposed, in page 4, line 5, to leave out sub-section (7)-(Mr. Buxton).-Question proposed, "That sub-section (7) stand part of the Clause." Amendment, by leave, withdrawn. Another Amendment proposed, in page 4, line 41, after the word "any," to insert the word "river"-(Mr. Buxton).- Question proposed, "That the word river be there inserted." Amendment, by leave, withdrawn. Another Amendment proposed, in page 4, line 42, after the word "sluice," to insert the words "together with the banks and artificial embankments thereof "— -(Brigadier-General Brooke).-Question proposed, “That those words be there inserted." Amendment, by leave, withdrawn. Another Amendment proposed, in page 5, line 4, at the end, to insert the words "unless such powers are being insufficiently exercised "(Brigadier-General Brooke). -Question proposed, "That those words be be there inserted." Amendment, by leave, withdrawn. Clause, as amended, agreed to. Clauses 4,, 7, and 8, agreed to. New Clause ("Provisions as to councils") brought up, read the first time as follows: 66 and (1) The expenses of a council under this Act, so far as they are not defrayed out of moneys recovered by the council in accordance with this Act, shall be defrayed (a) in the case of the council of a county, out of the county fund as expenses for general county purposes, or if and so far as the council think fit, as expenses for special county purposes, charged on such parts of the county as the council think fit; and (b) in the case of the council of a county borough out of the borough fund or borough rate: Provided always that the expenses referred to in this section and incurred in connection with this Act shall not exceed in amount the sum which would be produced by a rate of one penny in the pound levied over the county or county borough. (2) The council of a county or county borough may borrow for the purposes of this Act (a) in the case of a county, in accordance with The Local Government Act, 1888; (b) in the case of a county borough, in accordance with the Public Health Acts, 1875 to 1925. county borough restrictions, to council any of (3) The council of a county or (4) The councils of two or more counties or county boroughs may combine for the purposes of the joint exercise of any powers conferred on them by or under this Act, and may for that purpose Question, "That the Clause be read a second time," put, and agreed to. Amendment proposed, in line 1, at the beginning, to insert the words : "(1) The council of a county or county borough may make a contribution out of the county fund or county rate, or borough fund or borough rate, as the case may be, towards the cost of any work under this Act or The Land Drainage Act, 1918, whether they are the owners or occupiers of the land concerned or not "-(Colonel Headlam). Question proposed, inserted." "That those words be there Amendment, by leave, withdrawn. An Amendment made, in line 20, at the end, by inserting the words "and the agricultural committee may delegate with or without restrictions to a sub-committee of the said agricultural committee any of their powers and duties under this Act"-(Colonel Headlam). New Clause, as amended, added to the Bill. New Clause (Amendment of 8 and 9 Geo. V., c. 17, s. 5")--(Mr. Guinness)- brought up, read the first and second time, and added to the Bill. New Clause (" Amendment of 8 and 9 Geo. V., c 17, s. 16") brought up, and read the first time as follows: "Section sixteen of The Land Drainage Act, 1918, shall have effect as though the following proviso were added to sub-section (5) of that section : |