(Water &c.) Order Confirmation.

55. The Corporation may from and after the com- A.D. 1927. pletion of the waterworks by this Order authorised supply by agreement water from any of the lines of Supply of water by pipes by this Order authorised or from any of the works Corporation 5 of the Corporation to any owners or occupiers of lands along line of or heritages beyond the water limits and lying adjacent pipes. or near to any such lines of pipes or works and also to any local authority in or through or near to whose district the lines of pipes or waterworks of the Corpora10 tion may pass or be constructed and the Corporation may contract with all or any of such persons or authority for such supply at such rates upon such terms and conditions and for such period or periods of time as they may agree Provided always that any supply of water under 15 the provisions of this section shall not prejudicially affect or restrict the supply of water from time to time required for any purpose within the water limits Provided also that any supply of water by the Corporation under this section shall not be given except with the 20 consent of any local authority company or person supplying water under parliamentary authority within the district to be supplied and of the local authority of that district.

council of

56. The following provisions for the protection of For protec25 the county council of the county of Ayr (hereinafter in tion of this section called "the county council") shall unless county otherwise agreed upon in writing between the Corporation and the county council apply and have effect (that Ayr. is to say):

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(1) The Corporation shall as soon as they shall by

means of the works by this Order authorised
be in a position to supply water supply for the
period after mentioned unfiltered water in bulk
by meter to the county council and the county
council shall take a quantity not exceeding
seven hundred and fifty thousand gallons per
diem for use within the county of Ayr:

(2) The period during which such supply shall be
afforded shall be twenty-five years as from and
after the date on which the Corporation shall
by means of the works by this Order authorised
be in a position to afford such supply:

(3) The supply shall be delivered by the Corporation
at such point on their main above the break

county of

A.D. 1927.

(Water &c.) Order Confirmation.

pressure tank at Patna as may be agreed
between the Corporation and the county council
or failing agreement be determined as herein-
after provided and at sufficient pressure to rise
to the level of seven hundred and fifty-three 5
feet Ordnance datum at the works of the county
council at Kerse through a sixteen inch diameter
pipe to be laid by the county council from the
said point:

(4) In consideration of the right conferred upon the 10
county council to receive from the Corporation
a supply up to seven hundred and fifty thousand
gallons per diem as aforesaid the county council
shall pay to the Corporation as from the date
on which the Corporation shall by means of the 15
works by this Order authorised be in a position
to afford such supply the following sums
namely) :-

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(First) The sum of fourteen hundred and seventy-five pounds per annum payable by 20 half-yearly instalments at Whitsunday and · Martinmas;

(Second) The sum of one penny per thousand gallons for a quantity not exceeding three hundred and seventy-five thousand 25 gallons per diem (to be paid for whether that quantity of water be taken or not);

(Third) The sum of one penny per thousand gallons for such further quantity as may be taken by the county council up to a total 30 supply of five hundred thousand gallons per diem; and

(Fourth) The sum of twopence per thousand gallons for such further quantity as may be taken by the county council in excess 35 of the said five hundred thousand gallons per diem up to the maximum of seven hundred and fifty thousand gallons per diem; (5) Accounts for the sums due by the county council to the Corporation (other than the said sum of 40 fourteen hundred and seventy-five pounds per annum) shall be rendered to the county council half-yearly and if not paid by the county council within one month after the date of

(Water &c.) Order Confirmation.

the rendering of such accounts shall bear A.D. 1927.
interest at the rate of five per centum per

annum from the date on which the accounts
are rendered until the date of payment :
(6) The meters for measuring the supply to be
afforded under this section and the houses and
land in which the same are fixed shall together
with the necessary connections be provided
by the Corporation at the expense and to the
reasonable satisfaction of the county council
and shall be under the control of the Corporation
and be open at all reasonable times to inspection
by a person to be appointed by the county
council The said meters meter-houses and
connections shall be maintained in good and
sufficient order by the Corporation at the
expense of the county council The connection
between the main of the Corporation and the
meter shall be made by the Corporation at the
expense of the county council:

(7) If at the end of the said period of twenty-five
years the Corporation are in a position to
afford by means of the works by this Order
authorised a supply of water to the county
council they shall notwithstanding anything
hereinbefore in this section contained continue
to afford a supply on the terms before-
mentioned except that the payment of the said
sum of fourteen hundred and seventy-five
pounds per annum shall cease In the event of
the parties differing as to whether the Corpo-
ration can then afford a supply to the county
council or as to the quantity of the supply
which can then be afforded such difference
shall be referred to the decision of an arbiter
to be appointed by the President of the Insti-
tution of Civil Engineers on the application of
either the Corporation or the county council
and the decision of such arbiter shall be final
If on the arbiter giving his decision the county
council should then determine that any supply
to be afforded to them in terms thereof is not
sufficient for their purposes they shall not be
bound to continue to take a supply from the
Corporation under the preceding provisions of

A.D. 1927.

(Water &c.) Order Confirmation.

this section but they shall be entitled to take
the supply hereinafter mentioned:

(8) Should the Corporation deem it necessary on
account of the requirements of the consumers
within the water limits to discontinue the supply 5
to the county council as aforesaid or should the
county council determine to cease taking the
supply aforesaid at the expiry of the said
period of twenty-five years or at any time
thereafter the Corporation shall subject to the 10
provisions of subsection (7) hereof be entitled
to discontinue the supply and the county
council shall be entitled to cease taking such
supply on the expiry of five years from the
date of written notice to that effect given by 15
the one party to the other :

(9) The county council shall as soon as possible
after the Corporation have accepted tenders for
the Works Nos. 1 2 3 5 7 and 8 by this Order
authorised apply to the Secretary of State for 20
a Provisional Order for the supply and distri-
bution of the said water and necessary powers
relative thereto :

(10) The foregoing provisions of this section shall
not become operative except in the event 25
of the county council obtaining powers to form
a special district for the supply and distribution
of the said water:

(11) In the event of the foregoing provisions of this
section ceasing to be operative at the end of 30
the said period of twenty-five years or at any
time thereafter as before provided the Corpo-
ration shall permit the county council if they
so desire to lay a pipe at their own expense
from the outlet pipe at the embankment of 35
the reservoir of either Loch Recawr or Loch
Finlas belonging to the Corporation and to
obtain from either of those sources a supply
of unfiltered water by meter in perpetuity not
exceeding one million five hundred thousand 40
gallons per diem The county council shall pay
the Corporation for any supply taken by them
in terms of this subsection at the rate of one
penny per thousand gallons but the payment

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25

30

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40

(Water &c.) Order Confirmation.

shall not be less than for a supply of five A.D. 1927.
hundred thousand gallons per diem whether the
county council take that quantity of water or
not The Corporation shall so far as it is in their
power give the county council all facilities for
laying their pipe as near as may be alongside
the pipe of the Corporation:

(12) All conduits or lines of pipes to be laid in or
along any county highway or in upon or across
any county bridge shall as far as practicable be
laid in such position in or at the side thereof
as the county council in writing under the
hand of their surveyor for the district in which
such highway or county bridge is situate may
reasonably direct :

(13) The Corporation shall not be held to be in
breach of their obligation to supply water to
the county council under this section if the
failure arises from frost unusual drought or
other unavoidable cause or accident:

(14) The provisions of the Waterworks Clauses Act
1847 with respect to the breaking up of streets
for the purpose of laying pipes shall extend
and apply to all county highways and county
bridges opened and broken up or interfered
with by the Corporation in the exercise of the
powers of this Order Provided that the notice
required by section 30 of that Act shall not be
less than seven days instead of three days:

(15) The plan required by section 31 of the last-
mentioned Act shall be accompanied by a
section of the proposed works and a short
specification thereof and shall be delivered by
the Corporation to the county council or their
district surveyor for approval not less than in
the case of a county bridge one month and in
all other cases fourteen days before the Corpora-
tion commence to break or open up any county
highway or interfere with any county bridge
for the purpose of executing such works
approval of the county council or their surveyor
to such plan section and specification shall not

The