(Water &c.) Order Confirmation.

And whereas it is expedient that the Corporation A.D. 1927. should be empowered to borrow further money for the purposes of the waterworks by this Order authorised and for the general purposes of their water undertaking and 5 that the domestic water rate which the Corporation are authorised to charge and recover should be increased as hereinafter provided :

And whereas estimates have been prepared by the Corporation for and in relation to the purposes herein10 after mentioned in respect of which they are by this Order authorised to borrow money and such estimates are as follows

And whereas the several works included in such estimates are permanent works and it is expedient that the cost thereof should be spread over a term of years:

And whereas the powers of the Corporation to 25 borrow money on the security of the common good under section 60 of the Ayr Burgh Act 1899 are exhausted and the powers conferred upon the Corporation by section 46 (2) (a) (ii) of the Order of 1922 are limited to the borrowing of money for slaughterhouse purposes and 30 it is expedient that further powers in relation to the borrowing of money for the purposes of the common good be conferred upon the Corporation as in this Order contained :

And whereas it is expedient for providing better 35 facilities in the management of the funds of the Corporation on loans account and the simplification of the accounts of the Corporation relating to borrowed money and the redemption thereof that the further powers contained in this Order in relation to the borrowing of 40 money and the establishment of a loans fund should be conferred upon the Corporation :

And whereas it is expedient that such further provisions should be enacted as are in this Order contained:

A.D. 1927.

(Water &c.) Order Confirmation.

And whereas plans and sections showing the lines situations and levels of the several works authorised by this Order and plans showing the lands which may be taken compulsorily for the purposes or under the powers of this Order and also a book of reference to such plans 5 containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of such lands were duly deposited with the sheriff clerk of the county of Ayr and such plans sections and book of reference are in this Order respectively referred to as the deposited 10 plans sections and book of reference:

And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1899:

Now therefore in pursuance of the powers contained in the last-mentioned Act as read with the Secretaries of State Act 1926 the Secretary of State orders as follows:

15

Short title
and citation (Water &c.) Order 1927.

1. This Order may be cited as the Ayr Burgh

of Acts.

Commencement of Order.

Division of
Order into
Parts.

Incorpora

The Acts of 1873 to 1922 and this Order may be cited together as the Ayr Burgh Acts 1873 to 1927.

2. This Order shall (except as otherwise in this Order 25 provided) commence and have effect on and from the date of the passing of the Act confirming this Order which date is hereinafter referred to as "the commencement of this Order."

3. This Order is divided into Parts as follows:- 30 Part

I.-Preliminary.

Part II.-Water.

Part III.-Finance.

4. The following Acts and parts of Acts (so far as tion of Acts. the same respectively are applicable for the purposes and 35 are not inconsistent with the provisions of this Order)

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25

309

(Water &c.) Order Confirmation.

are hereby incorporated with and form part of this Order A.D. 1927. (namely) :

(1) The Waterworks Clauses Act 1847 except

(A) So much thereof as authorises the Corporation to cut off or discontinue any supply of water for domestic purposes on account of non-payment of water rates:

(B) The sections and provisions thereof with respect to the communication pipes to be laid by the undertakers;

(c) Sections 68 70 71 and.72;

(D) Sections 75 to 82 with respect to the amount of profit to be received by the undertakers when the waterworks are carried on for their benefit and section 83 relating to accounts;

(2) The Waterworks Clauses Act 1863;

In construing the provisions of the foregoing Acts "the undertakers " "the company and "the promoters of the undertaking " shall mean the Corporation;

(3) The Lands Clauses Acts;

(4) The sections and provisions of the Railways
Clauses Consolidation (Scotland) Act 1845 with
respect to the temporary occupation of lands
near the railway during the construction thereof
and the crossing of roads and other interference
therewith and in construing the said sections
and provisions "the company" means the
Corporation "the railway means the works
authorised by this Order and the works con-
nected therewith and "the centre of the rail-
way" means any part of those works.

This Order shall be deemed a special Act within the 35 meaning of the provisions of the said Acts wholly or partly incorporated herewith.

5. In this Order the several words terms and expres- Interpreta. sions to which by the Acts wholly or partially incorporated tion. herewith meanings are assigned shall have the same 40 respective meanings unless there be something in the

(Water &c.) Order Confirmation.

And

A.D. 1927. subject or context repugnant to such construction in this Order unless the context otherwise requires"The burgh" means the municipal burgh of Ayr; "The Corporation" means the provost magistrates and councillors of the burgh;

"The town clerk" and "the chamberlain " mean respectively the town clerk and the chamberlain of the burgh for the time being;

5

"The tribunal" means the tribunal to whom any question of disputed purchase money or com- 10 pensation is referred in pursuance of the Acquisition of Land (Assessment of Compensation) Act 1919;

15

"The sheriff" means the sheriff of the County of
Ayr and includes his substitutes;
"The Act of 1873 " " the Act of 1885 ""the Act of
1899" "the Order of 1904" "the Order of
1908" and "the Order of 1922 " mean respec-
tively the Ayr Burgh Act 1873 the Ayr Burgh
Act 1885 the Ayr Burgh Act 1899 the Ayr 20
Corporation Tramways Order 1904 the Ayr
Corporation Tramways Order 1908 and the Ayr
Burgh (Tramways &c.) Order 1922;

66

The Acts of 1873 to 1922 " means the Act of 1873
the Act of 1885 the Act of 1899 the Order of 25
1904 the Order of 1908 and the Order of 1922;

"The water limits" means the limits of supply as
defined by the Act of 1885 or any Act or Order
altering or amending the same;

"The water undertaking" means the existing water- 30
works and water undertaking of the Corporation
and the waterworks and water undertaking
authorised by this Order;

Statutory security" means any security in which
trustees are for the time being by or under 35
any Act of Parliament passed or to be passed
authorised to invest trust money and any
mortgage bond debenture debenture stock stock
or other security authorised by or under any
Act of Parliament passed or to be passed of any 40

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66

(Water &c.) Order Confirmation.

county council corporation or other local autho- A.D. 1927.
rity but does not include annuities rent-charges

or securities transferable by delivery or any
securities of the Corporation;

Statutory borrowing power" means any power
whether or not coupled with a duty of borrowing
or continuing on loan or re-borrowing money or
of redeeming or paying off or creating or con-
tinuing payment of or in respect of any annuity
rent-charge rent or other security representing
or granted in lieu of consideration money for the
time being existing under any Act of Parliament
public or local passed or to be passed or under
any Provisional Order confirmed by Act of
Parliament passed or to be passed or under any
order or sanction of any Government department
made or given or to be made or given by
authority of any Act of Parliament passed or to
be passed;

"Revenues of the Corporation includes the
revenues of the Corporation from time to time
arising from any undertakings land or other
property for the time being of the Corporation.

6. Subject to the provisions of this Order the Power to Corporation may wholly in the county of Ayr and in the make works. lines and situation and upon the lands delineated on the deposited plans and described in the deposited book of 30 reference make and maintain the following works shown on the deposited plans and sections (that is to say) :

35

In the parish of Straiton

(1) A reservoir (Work No. 1) being an enlarge-
ment of Loch Recawr commencing at a point
on Slochy Lane six hundred yards or thereby
below the outlet of Loch Slochy and termi-
nating at the embankment (Work No. 2)
hereinafter described;