(Water &c.) Order Confirmation. the foot of the embankment (Work No. 2) and the said A.D. 1927. point of discharge into the said stream. 11. Subject to the provisions of this Order the Existing existing waterworks of the Corporation and the works waterworks 5 to be constructed under the authority of this Order shall and new for all purposes whatsoever be and be deemed to be part form one of the water undertaking. undertaking. works to 12. The Corporation may subject to the provisions Laying of the section of this Order whereof the marginal note is mains on 10 "For protection of county council of county of Ayr" public roads. and with the consent of the road authority at any time for the purposes of conveying water from any of the existing waterworks of the Corporation or of the works by this Order authorised or for distributing and supplying 15 water beyond the water limits lay down make maintain and use aqueducts conduits or lines of pipes through over under along across or into any public road or highway and renew alter enlarge duplicate and increase the number and size thereof or extend the same and stop 20 up temporarily any such public road or highway for such purposes providing when possible a proper temporary substitute to the reasonable satisfaction of the road authority before interrupting the traffic on any such road or highway and making full compensation to all persons 25 injuriously affected by anything done under the provisions of this section Provided that the consent aforesaid of the road authority shall not be unreasonably withheld and any question as to whether such consent has been unreasonably withheld shall be referred to and 30 determined by an arbiter to be nominated failing agreement by the sheriff on the application of either party and the decision of such arbiter shall be final Provided also that nothing in this section shall prejudice extend or affect the powers or provisions of this Order with respect 35 to the works authorised by this Order. &c. tempor arily. 13. For the purposes and during the execution of Power to the several works which the Corporation are by this alter roads Order authorised to make and in maintaining the same and subject to the provisions of this Order the Corpora40 tion may temporarily from time to time break up or cross over or under alter or stop up any streets highways roads lanes footways footpaths bridges passages sewers drains watercourses gas pipes and water pipes and electric (Water &c.) Order Confirmation. A.D. 1927. or telephonic apparatus in any of the lands shown on the deposited plans and specified in the deposited book of reference which they may from time to time find it expedient for any of those purposes so to interfere with providing when possible a proper temporary substitute 5 before interrupting the traffic on any such street highway road lane footway footpath bridge or passage or the flow of water gas sewage or electricity or telephonic communication in any such sewer drain watercourse pipe or apparatus and making full compensation to all 10 persons injuriously affected thereby Provided that nothing in this section shall extend to authorise any interference with any telegraphic line (as defined by the Telegraph Act 1878) or other property of His Majesty's Postmaster-General Provided further that nothing in 15 this section shall extend to or authorise any interference with any works of any undertakers within the meaning of the Electricity (Supply) Acts 1882 to 1926 to which the provisions of section 15 of the Electric Lighting Act 1882 apply except in accordance with the provisions of that 20 section Provided also that in carrying out any works under the provisions of this section the Corporation shall provide access for passenger and vehicular traffic to the stations and depots of any railway company. Corporation may enlarge or increase number of pipes. Corporation to have powers of a 14. The Corporation may from time to time subject 25 to the provisions of this Order and notwithstanding the expiration of the period limited for the completion of the works by this Order authorised lay down maintain use extend alter renew relay replace enlarge and increase the number and size of the works (other than reservoirs) 30 mains pipes filters filter beds tanks channels and other works and conveniences from time to time in use or required for filtering storing conveying and distributing water for the purposes of the water undertaking Provided always that such extension enlargement or increase 35 shall be executed only on lands or property belonging to the Corporation or over which the Corporation have acquired a servitude or which may be acquired by them by agreement or in roads and streets which they are by the Waterworks Clauses Acts 1847 and 1863 entitled to open 40 and break up for such purposes. 15. The Corporation shall within the water limits have and may exercise for the purpose of laying water mains and pipes other than the works described in the (Water &c.) Order Confirmation. section of this Order whereof the marginal note is "Power A.D. 1927. to make works" elsewhere than in any public road or street all the powers of a local authority under the Public local authoHealth (Scotland) Act 1897 with respect to the laying of rity for laying mains 5 water mains and pipes inside the district of such local within water authority. limits. 16. The Corporation shall have and may exercise in Power to relation to the carrying of water mains and pipes without lay mains the water limits for the purpose of affording a supply of outside 10 water within those limits the like powers subject to the water limits. like restrictions (including the liability to make compensation for damage caused by the exercise of such powers) as are conferred and imposed on a local authority by the Public Health (Scotland) Act 1897 in relation to the 15 carrying of sewers without the district of the local authority Provided that in exercising the powers conferred by this section the Corporation shall be subject to the provisions of the Waterworks Clauses Act 1847 with respect to the breaking up of streets except section 20 29 of that Act and that for the protection of railways and canals and any bridge tunnel or other work in connection therewith section 107 of the Public Health (Scotland) Act 1897 shall apply. 17. The Corporation may at any time for the purpose Power to 25 of constructing repairing examining emptying or cleansing discharge any of the waterworks of the Corporation cause the water water temin any such works to be temporarily discharged into any streams. porarily into available drain stream or watercourse. In the exercise of the power conferred by this 30 section the Corporation shall do as little damage as may be and shall make full compensation to all persons for any damage sustained by them by reason or in consequence of the exercise of such power the amount of compensation to be settled in case of difference by an 35 arbiter agreed on between the parties or failing agreement appointed by the sheriff on the application of either party. 18. The Corporation may hold retain and use for the Power to purposes of the water undertaking any lands already hold lands 40 acquired for the purposes of their existing waterworks. already acquired. 19. Subject to the provisions of this Order the Power to Corporation may purchase enter upon take hold and use acquire such of the lands delineated on the deposited plans and lands. (Water &c.) Order Confirmation. A.D. 1927. described in the deposited book of reference as may be required for the purposes of the works by this Order authorised. Additional lands. Owners may 20. Subject to the provisions of this Order the Corporation may purchase enter upon take hold and use 5 for the purpose of protecting from pollution fouling or contamination the waters which they are authorised to appropriate and use and for other purposes of their water undertaking the following lands in the county of Ayr shown on the deposited plans and described in the 10 deposited book of reference (that is to say) :— In the parish of Maybole Certain lands (including plantation and dam) known as the farm of Low Milton and comprising the enclosures numbered 1312 1269 1270 1263 15 1116 1114 1110(a) 1271 1117 1259 1119 1118 1269(a) 1262 1271(a) 1258 1260 1115 1110(b) and 1261 on the Ordnance Map of the parish of Maybole (Edition of 1909). In the parish of Ayr 00 Certain lands comprising part of the farm of Carcluie and being a portion of the enclosure numbered 9 on the Ordnance Map of the parish of Ayr (Edition of 1909). 20 21. And whereas in the construction of the works 25 be required authorised by this Order or otherwise in exercise of the to sell parts powers of this Order it may happen that portions only only of of certain properties shown or partly shown on the certain properties. deposited plans may be sufficient for the purposes of the same and that such portions may be severed from the 30 remainder of the said properties without material detriment thereto. Therefore notwithstanding section 90 of the Lands Clauses Consolidation (Scotland) Act 1845 the owners of and other persons interested in the properties described in the First Schedule to this Order and whereof 35 parts only are required for the purposes of this Order may if such portions can in the opinion of the tribunal be severed from the remainder of such properties without material detriment thereto be required to sell and convey to the Corporation the portions only of the premises 40 so required without the Corporation being obliged or (Water &c.) Order Confirmation. compellable to purchase the whole or any greater portion A.D. 1927. thereof the Corporation paying for the portions required by them and making compensation for any damage sustained by the owners thereof and other parties 5 interested therein by severance or otherwise. tain cases. 22. (1) The Corporation may in lieu of acquiring Power to any lands for the purposes of the works authorised by acquire this Order where the same are intended to be constructed servitudes underground acquire such servitudes only in such lands only in cer10 as they may require for such purposes and may give notice to treat in respect of such servitudes describing the nature thereof and the provisions of the Lands Clauses Acts shall apply to and in respect of the acquisition of such servitudes as fully as if the same were lands 15 within the meaning of those Acts. (2) As regards any lands in respect of which the Corporation have acquired servitudes only under the provisions of this section the Corporation shall not be required or entitled to fence off or sever such lands from 20 the adjoining lands but the owners or occupiers for the time being shall subject to such servitudes have the same rights to use and cultivate the said lands at all times as if this Order had not been confirmed. (3) Provided that nothing in this section contained 25 shall authorise the Corporation to acquire by compulsion any such servitude in any case in which the owner in his particulars of claim shall require the Corporation to acquire the lands in respect of which they have given notice to treat for the acquisition of a servitude only 30 and every notice to treat for the acquisition of a servitude shall be endorsed with notice of this provision. ability may grant servitudes &c. by agreement. 23. Persons empowered by the Lands Clauses Acts Persons to sell and convey or dispose of lands may if they think under disfit subject to the provisions of those Acts and of this 35 Order grant to the Corporation any servitude right or privilege (not being a servitude right or privilege of water in which persons other than the grantors have an interest) required for the purposes of this Order in over or affecting any such lands and the provisions of the 40 said Acts with respect to lands and annual feu duties or ground annuals so far as the same are applicable in this behalf shall extend and apply to such grants and to such servitudes rights and privileges as aforesaid respectively. |