A.D. 1927.

(Water &c.) Order Confirmation.

be unreasonably withheld and may be given
upon such conditions as the county council or
their surveyor may reasonably determine Pro-
vided that the county council shall be deemed
to have given such consent if within one month 5
after such plan section and specification shall
have been submitted to their surveyor he shall
not have given written notice to the Corporation
objecting thereto :

(16) No greater length than one hundred and fifty 10
yards of any county highway shall be broken
up at any one place at one time without the
consent of the county council A clear and
sufficient carriageway shall if practicable be
kept for the passage of carriages and traffic 15
along every county highway and over every
county bridge during any interference therewith
by the Corporation unless where by arrangement
with the county council a county highway or
county bridge may be temporarily closed and 20
in case of default in compliance by the Cor-
poration with the provisions of this subsection
the county council may by their own servants
and workmen clear any such carriageway and
recover the expenses of and incident thereto 25
from the Corporation :

(17) Nothing in this Order contained shall authorise
the Corporation to interfere with the structural
part of any county bridge without the consent
in writing of the district surveyor of the county 30
council which consent shall not be unreasonably
withheld and may be given upon such conditions
as the county council or their surveyor may
reasonably determine Provided that the county
council shall be deemed to have given such 35
consent if within one month after plans of the
proposed works have been submitted to their
surveyor he shall not have given written notice
to the Corporation objecting thereto :

(18) Nothing in this Order contained shall interfere 40
with the right of the county council to alter the
level of or to divert or improve in any manner
they think fit any county highway in or along

(Water &c.) Order Confirmation.

which a conduit or line of pipes. of the A.D. 1927.
Corporation shall have been laid and the
Corporation shall forthwith on receiving notice
in writing under the hand of the clerk or district
surveyor of the county council alter the position.
of any such conduit or line of pipes in the manner
and to the extent prescribed by such notice or as
in the case of difference shall be determined by
arbitration as hereinafter provided:

or

(19) Nothing in this Order contained shall interfere
with the right of the county council at any time
or times to remove alter or re-build any county
bridge or the approaches thereto over or near
or attached to which any conduit or line of
pipes of the Corporation is carried in the same
manner as they might have removed altered or
re-built any such bridge or the approaches
thereto if this Order had not been confirmed
and such conduit or line of pipes had not been
constructed or laid over or near or attached to
such bridge and in the event of any such bridge
or the approaches thereto over or near
attached to which any such conduit or line of
pipes is laid being removed altered or re-built
as aforesaid the Corporation shall at their own
cost alter so far as the county council may
reasonably require the position of such conduit
or line of pipes and any works by which such
conduit or line of pipes is carried over or near
or attached to such bridge or the approaches
thereto as aforesaid Provided that during the
removal alteration or re-building of such bridge
as aforesaid the county council shall afford all
reasonable facilities for temporarily carrying
such conduit or line of pipes across or along any
road or stream or river so as not to interrupt the
continuous supply of water or to diminish the
pressure of such supply through such conduit or
line of pipes:

(20) All works shall be so executed by the Corpora-
tion as not without the consent of the county
council to stop the traffic and so far as reason-
ably practicable not in any way to impede or

LIBRARY

A.D. 1927.

(Water &c.) Order Confirmation.

interfere with the traffic on any highway under
the jurisdiction of the county council or over
any county bridge or the approaches thereto :
(21) The county council shall not except in the case
of their negligence be liable for or in respect of 5
any damage or injury done to any work of the
Corporation by reason of such work being laid
at a depth below the surface of any highway
insufficient for its protection from injury arising
from the reasonable use of any steam or other 10
roller or traction engine for the repair of such
county highway or from the passage of the
traffic on such highway or in repairing any
county bridge or the approaches thereto :

(22) The Corporation shall fix a hydrant at each of 15
such points as the county council may reasonably
require for the supply to the county council
therefrom of water for the purposes of road
making and maintenance which points shall be
determined by the road surveyor for the county 20
council and the Corporation's water engineer
Provided that such hydrants shall not be
affixed directly to the main pipe but on branches
at the side thereof and that the supply to any
such hydrant shall be by meter which meters 25
shall be supplied and maintained at the cost
of the county council Water so supplied shall
be included within and shall be paid for by
the county council as part of the minimum
supply of water to be supplied by the Corpora- 30
tion to the county council as herein before
provided:

(23) For the purposes of section 57 of the Roads and
Bridges (Scotland) Act 1878 the Corporation shall
be deemed to be the person by whose order any 35
excessive weight shall have been passed or any
extraordinary traffic conducted on the county
highways in connection with the execution of
the works by this Order authorised :

(24) If any difference shall arise between the Cor- 40
poration and the county council under this
section (other than under subsection (7) hereof)

5

པ་

(Water &c.) Order Confirmation.

such difference shall be referred to the decision A.D. 1927.
of an arbiter to be mutually chosen or failing
agreement to be appointed by the sheriff on the
application of either party and the decision of
such arbiter shall be final.

57. The Corporation may if they see fit furnish a Cleansing supply of water for the purposes of watering or cleansing sewers &c. streets or of flushing or cleansing sewers and drains or for public baths washhouses or lavatories or for public 10 fountains or wells at such charge and upon such terms and conditions as they shall think proper.

hose to

stables &c.

58. When water supplied for domestic purposes is Supply by used for washing horses carriages or motor cars or for other purposes in premises where horses carriages or 15 motor cars are kept for private use the Corporation may if a hose pipe or other similar apparatus is used charge such additional sum or sums per annum as shall from time to time be fixed by the Corporation or in the event of disagreement be fixed by the sheriff upon summary 20 application by either of the parties and the decision of the sheriff shall be final and any sum charged under the provisions of this section shall be recoverable in the same manner as water rates.

be affixed to mains or

59. Except as provided in the section of this Order Tube or 25 whereof the marginal note is "Supply by hose to stables hose not to &c." it shall not be lawful for the owner or occupier of any house or premises supplied with water by the pipes withCorporation without their written consent to affix or out consent permit or suffer to be affixed any tube or hose to any of Corpora30 of the mains or pipes of the Corporation or to any tion. communication or service pipe or apparatus of such owner or occupier for the purpose of washing horses carriages or other vehicles houses or buildings or for watering gardens or washing pavements or roads or for any other 35 purpose and any person who contravenes this enactment shall be guilty of an offence and shall for every such offence forfeit and pay to the Corporation a penalty not exceeding forty shillings.

60. The Corporation may agree with any person for Rent for 40 supplying him with water by measure and may require water may any person supplied with water for other than domestic be ascerpurposes to take and pay for his supply by measure

tained by meter.

(Water &c.) Order Confirmation.

A.D. 1927. In both cases a meter for ascertaining the quantity consumed shall be provided by the Corporation at a reasonable rent to be fixed by the Corporation.

Repeal of

61. The following sections of the Act of 1873 and certain pro- the Act of 1885 are hereby repealed (that is to say) :— 5

visions of

Acts of 1873

and 1885.

The Act of 1873

Section 79 (Water need not be supplied above a certain elevation);

Section 84 (Byelaws with respect to supply of

The Act of 1885

water).

Section 41 (Regulations for preventing waste of water);

Section 42 (Conditions of supply).

10

Increase of domestic

62. Section 53 (Domestic water rate) of the Act of 1885 shall be read and have effect as if the words "not water rate. exceeding four shillings had been inserted therein instead of the words "not exceeding two shillings": 20

Minimum

water rate.

Power to borrow.

Provided that the domestic water rate and the drainage rate leviable by the Corporation shall not in any year except with the approval of the Scottish Board of Health together exceed the sum of four shillings in the pound.

63. The Corporation shall not be obliged to furnish a supply of water to any person for any less sum than five shillings in any one year.

25

64-(1) The Corporation may from time to time borrow at interest for and in connection with the purposes 30 mentioned in the first column of the following table the respective sums mentioned in the second column thereof and they shall pay off all moneys so borrowed within the respective periods (each of which is in this