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(Water &c.) Order Confirmation.

construction maintenance renewal use alteration A.D. 1927.
replacing or repair of any works under the powers
of this Order including (without prejudice to the
said generality) any expense which the company
may reasonably incur in connection with the
employment of inspectors signalmen watchmen
and others and for superintendence during
construction or renewal of the works constructed
under the powers of this Order and for all extra
precautions for the safety and working of the
company's traffic or protection of their property
on account of the execution maintenance renewal
use alteration replacing or repair of the said
works:

(6) All the said works and operations of the Corpora-
tion and the subsequent maintenance renewal
alteration replacing or repair thereof shall in
so far as the same affect the railways works and
property of the company be carried out by the
Corporation so as not to alter or interfere with
(except so far as may be necessary for carrying
out the said works and operations) or injure or
endanger the structure or stability of any of the
said railways works and property of the company
and should any damage or injury to or inter-
ruption or impediment of or interference with
the passage or conduct of traffic on the said
railways works and property of the company
be caused by or be in any way owing to the
said works or operations of the Corporation
or to the failure of or defect in any of the said
works or operations the Corporation shall free
of all expense to the company execute all such
works as may be necessary to repair and make
good the damage or prevent such interruption
impediment or interference as the case may be
or the company in their option and for any of
these purposes may enter upon the works or
property of the Corporation and execute all
such works necessary to repair and make good
such damage or prevent such interruption
impediment or interference and the Corporation
shall on demand repay to the company all
reasonable costs and expenses incurred by them
in connection therewith:

A.D. 1927.

(Water &c.) Order Confirmation.

(7) If in consequence of the execution by the
Corporation of their said works and operations
or the subsequent maintenance renewal altera-
tion replacing or repair thereof any underpinning
or other protective works should be necessary 5
to secure the support or safety of the said
railways works and property of the company
the Corporation shall free of all expense to the
company execute and do all such underpinning
or other works or the company may in their 10
option and for any such purpose enter upon the
works or property of the Corporation and
themselves execute all such underpinning or
other works as may be reasonably necessary
and the Corporation shall on demand repay 15
to the company all reasonable costs and
expenses incurred by them in
in connection
therewith:

(8) The Corporation shall make reasonable com-
pensation to the company for all loss or damage 20
caused by such works and operations inter-
ruption impediment or interference to or with
the said railways and works and property of the
company and the Corporation shall also free
and relieve and indemnify the company from all 25
damages or compensation which may be re-
covered from the company by reason of such
interruption impediment or interference or of
any accident so far as such interruption im-
pediment interference or accident shall have 30
been occasioned by or through the acts or
default of the Corporation or those for whom
they are responsible;

(9) Should it be necessary in constructing maintaining
renewing altering or repairing any works under 35
the powers of this Order to alter or remove any
telegraph posts wires or other telegraphic tele-
phonic or signalling apparatus belonging to or
maintained by the company the Corporation
shall pay to the company all expenses incurred 40
by them in connection with such alteration or
removal and the erection of other posts wires
or apparatus in substitution for those so altered
or removed:

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(Water &c.) Order Confirmation.

(10) Nothing in this Order contained or which may A.D. 1927.
be done in pursuance thereof shall prevent
the company from maintaining and repairing
and whenever in their discretion thought
necessary reconstructing altering renewing or
strengtheining any of the lines of railway or
other works or property belonging to them
without interference on the part of the Corpora-
tion and without incurring any liability to
them or to any person using any works con-
structed under the powers of this Order for any
loss injury damages or expenses which may
arise from such maintenance repair reconstruc-
tion alteration renewal or strengthening Pro-
vided that any extra expense which the company
may incur in such maintenance repair renewal
strengthening alteration or reconstruction by
reason of the existence of any of the said works of
the Corporation shall be paid by the Corporation:
(11) In the event of the company doing any of the
acts referred to in the immediately preceding
subsection they shall do so in such manner as
to cause as little damage and interference as
practicable to and with the works of the Cor-
poration and shall give (except in case of emer-
gency in which case such notice as is reasonably
practicable shall be given) twenty-one days
previous notice in writing to the Corporation
before commencing any such operations as may
affect any of the said works;

(12) If the company give to the Corporation notice
that they themselves desire to construct so much
of any works to be constructed under the powers
of this Order or to carry out so much of the
alterations of any mains pipes or culverts to
be laid by the Corporation under the powers
of this Order as will be situate on the lands
and property of the company the company may
themselves execute such works and alterations
at the sight and to the reasonable satisfaction
of the engineer to the Corporation and in
accordance with plans and specifications to be
previously approved of by him and recover the

A.D. 1927.

Accommo

dation for workmen

&c.

(Water &c.) Order Confirmation.

(13) Any question or difference between the Corporation and the company arising under this section shall be referred to and determined by an arbiter to be agreed upon between the Corporation and the company or failing agreement 5 to be nominated by the sheriff on the application of the Corporation or the company.

36. The Corporation shall if and when required by the local authority of the district in which the works authorised by this Order are situate (in this section 10 called "the local authority ") make provision to the satisfaction of the local authority for the proper housing and sanitary requirements of the persons employed in constructing the said works and for the treatment of cases of sickness (other than infectious disease) and 15 accident occurring among the said persons during the construction of the said works In considering what provision ought to be made for the said purposes the local authority shall take into consideration the provision already available in the neighbourhood of or conveniently 20 accessible from the said works.

In the event of any dispute arising between the Corporation and the local authority as to the amount or nature or situation of the housing accommodation and sanitary requirements to be provided or as to the 25 sufficiency of the provision for the treatment of cases of sickness (other than infectious disease) and accident or as to the time within which such accommodation shall be provided and such provision made or as to the carrying out by the Corporation of any requirement of the local 30 authority under this section either party may appeal to the Scottish Board of Health (in this section called "the board ") and their decision shall be final and binding on both parties:

Provided that if it appear to the board at any time 35 that sufficient provision for the aforesaid purposes is not made they shall have power to require the Corporation to make provision or additional provision therefor to the satisfaction of the board.

In the event of the Corporation or the local authority 40 failing to comply with any order or requirement of the board under this section they shall be liable to a penalty not exceeding twenty pounds and to a further penalty

(Water &c.) Order Confirmation.

not exceeding five pounds for every day during which A.D. 1927. such failure continues and such penalties shall be recoverable with expenses at the instance of the Lord Advocate on behalf of the board in any competent 5 court.

For the purposes of this section the board shall have the same powers of holding inquiries and of requiring reports to be made by local authorities and their officials as they have under the Public Health (Scotland) Act 1897 10 for the purposes of that Act and the provisions of the said Act relating to such inquiries and reports shall apply accordingly.

37. The Corporation may purchase or take on lease Dwellingdwelling-houses for such of the keepers of reservoirs houses for 15 water officers foremen or workmen employed by them for persons emthe purposes of the water undertaking as require in ployed by Corporation. consequence of the nature of their duties to reside in close proximity to the places where they are employed and may erect maintain and let dwelling-houses with all 20 necessary conveniences and appurtenances for such persons upon any lands for the time being belonging to the Corporation for the purposes of the said undertaking and (subject to the terms of the lease) upon any lands for the time being leased to the Corporation for the 25 purposes of the said undertaking and with the consent of the Scottish Board of Health upon any other lands for the time being belonging to or leased to the Corporation.

38. The water to be supplied from any main or Pressure. 30 pipe of the Corporation whether existing or authorised to be constructed or reconstructed by this Order need not be constantly laid on under pressure during the execution of necessary repairs renewals or alterations nor be supplied in any case at a level above or at a 35 greater height that can be supplied or afforded by gravitation from the existing service reservoirs or tanks of the Corporation or from the waterworks by this Order authorised from which the supply is given.

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39. The Corporation shall not be bound to supply Corporation 40 more than one house by means of the same communi- not bound cation pipe and they may if they think fit require that to supply a separate pipe be laid from the main pipe into each several

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