5

10

15

20

25

54. Section sixty-eight of the Act of 1903 is hereby A.D. 1926. repealed and the following section substituted therefor :—

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35

Penalty on

If any dwelling-house is used for the purpose overcrowdof sleeping therein by a greater number of persons ing. than in the proportion of one person of the age of ten years or upwards for every four hundred cubic feet of space, or of one person of an age less than ten years for every two hundred cubic feet of space contained therein (exclusive of lobbies, closets, presses, and recesses), or by a greater number of persons than is marked on a ticket affixed to such house (in this Act referred to as a ticketed house) in terms of the immediately preceding section of this Act, every person so using such dwelling-house or suffering such dwelling-house to be so used, shall be liable to a penalty not exceeding twenty shillings for every day or part of a day during which it is so used or suffered to be used; and any officer or person authorised in writing by the town council, and exhibiting his authority if called upon to do so, may at any time enter, examine, and inspect any ticketed house and may, if he has reasonable grounds for believing that the provisions of this section are being contravened, enter examine and inspect any other dwelling-house; and, if any person refuses to admit, or resists, or obstructs, or incites any other person to resist or obstruct the officer or other person authorised by the town council for that purpose, in so entering, examining, and inspecting as aforesaid, he shall for every such offence be liable to a penalty not exceeding five pounds.

Sewers and Drains.

55. In section two hundred and twenty of the Amendment principal Act (which section relates to the making and of s. 220 of alteration of sewers) the words "twenty-one shall be principal substituted for the words 40 commencement of said section. 'twenty-eight" at the

the

66

Act.

56. The powers or duties conferred or imposed on Amendment of the town council by section two hundred of s. 243 of Act.

Surveyor

and forty-three of the principal Act (which section principal

A.D. 1926. relates to the inspection of drains and cesspools) may be exercised by the sanitary inspector of the burgh if the town council so decide, and in that event all notices by that section directed to be sent by any owner to the surveyor may be sent to the sanitary inspector.

Provisions

as to water supply and

water assessments and charges.

Water.

5

57. Section two hundred and sixty-four of the principal Act shall be repealed and the following provisions, which shall apply in all cases where a water supply is provided by the town council of a burgh either 10 under the powers contained in the principal Act or in the Public Health (Scotland) Act, 1897, shall be substituted for the said section :

(1) No person shall be entitled to use the water supplied through the pipes of the town 15 council except for domestic purposes unless as hereinafter provided.

(2) Where there is a supply of water more than is required for domestic purposes within the burgh, the town council shall furnish to any 20 person or persons or company occupying premises within the burgh a supply of water for other than domestic purposes at such rates and charges, and upon such terms and conditions as shall from time to time be fixed by the town council and 25 published by being exhibited in the office of the town clerk; and in the event of there being a dispute at any time as to the ability of the town council to give a supply for other than domestic purposes under this section or as to the rates, 30 terms, and conditions on which a supply is to be given, the same shall be referred to the sheriff upon summary application by either party, and the decision of the sheriff on the question so referred shall be final: Provided that the town 35 council may require any person or persons or company supplied with water for other than domestic purposes, to take and pay for such supply by measure, so however that in the case of the supply of water by measure to any hospital, 40 nursing home, asylum or sanatorium wholly or mainly supported out of public funds or by

endowments or voluntary subscriptions the town A.D. 1926.
council shall allow from the charge for such supply,
calculated on the basis of the rate for the time
being charged by the town council for supplies
of a like quantity by measure, a discount of such
amount (not being less than fifty per centum of
such charge) as the town council may from time
to time determine: Provided further that when
water is supplied by measure it shall not be
lawful for the town council to charge the parties
obtaining the same both with the occupier's pro-
portion of the water assessment leviable in respect
of the premises occupied by them, and also for
the supply of water obtained by them for other
than domestic purposes, unless, as after provided,
where a supply is also given for domestic pur-
poses; but the town council may either charge
the said occupier's proportion of the said water
assessment leviable on such premises, or charge
for the supply of water furnished to the same
as herein provided as they shall think fit; but
when water is supplied to any buildings or
premises for domestic purposes and a further
supply is given for purposes other than domestic
purposes the town council may charge the
occupier's proportion of the said water assess-
ment, and in addition may make such charges
for the additional supplies for other than domestic
purposes as may from time to time be fixed by
the town council as herein before provided; and
notwithstanding any charge made upon the
occupier for a supply of water for other than
domestic purposes the owner of said premises
shall be liable for payment of the owner's pro-
portion of the water assessment.

(3) The town council may dispose of any
surplus water not required for any purpose
within the burgh to any person or persons or
company outside the burgh at such rate and upon
such terms and conditions as may be agreed on,
and it shall be lawful for the town council to
dispose of any such surplus water to the com-
missioners or trustees of any harbour or other
person or persons owning or managing any harbour
within or near to the burgh for the purpose of

A.D. 1926.

Definition of shop.

Amendment of s. 262 of principal Act.

Incorpora

tion of
Water-
works

Clauses
Acts.

supplying vessels within the harbour, and for the
extinction of fires in such vessels, or in any build-
ings or other property within the limits of the
harbour and subject to the administration of
such commissioners or trustees of the harbour or 5
other persons, at such rates and upon such terms
and conditions as may be agreed upon; and such
commissioners or trustees of the harbour or other
persons may demand and levy from the owner,
master, agent, manager, or other person in charge 10
of any vessel applying for and receiving such
supply of water, a reasonable sum of money in
respect thereof, and in the event of disagreement
as to the rate, terms, or conditions on which such
supply shall be given by such commissioners or 15
trustees of the harbour or other persons to such
vessels, the same shall be fixed by the sheriff
apon summary application by either of the
parties, and the decision of the sheriff shall be
final.

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The provisions of this section shall not empower the town council to supply water within any part of the area of supply of any other town council or any local authority or any company incorporated by Act of Parliament having statutory power to supply water unless 25 such supply be given in bulk to the town council, local authority or company having statutory powers of supply as aforesaid.

58. The word "shop" as used in section two hundred and sixty-seven of the principal Act, and as 30 used in section 2 of the Burgh Sewerage, Drainage, and Water Supply (Scotland) Act, 1901, shall have the same meaning as it has in the Shops Act, 1912.

in

59. In section two hundred and sixty-two of the principal Act (which section relates to the compulsory 35 acquisition of land for water supply) the words every burgh having less than five thousand inhabitants "at the date of the last census are hereby repealed.

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60. The provisions of the Waterworks Clauses Acts, 1847 and 1863, and any Act amending the same 40 with respect to the breaking up of streets for the purpose of laying of pipes shall be incorporated with the Burgh Police Acts, and the expression "within the

limits of the Special Act" in the said Waterworks Clauses A.D. 1926. Act shall mean and include the burgh and any district supplied with water from the burgh water supply, and also any district in which any water works are situated 5 or through which it may be necessary to carry and lay water mains or water pipes for the purpose of providing the said water supply.

Public Parks.

61. Section forty-four of the Act of 1903, shall be Amend10 amended by the substitution of the following paragraph ment of for paragraph (2) thereof:

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Unless prohibited by any local Act, erect pavilions, shelters, bandstands or similar buildings and may provide and carry on entertainments therein or give the use of the same to the public at such charges as they may fix for such entertainments or use, or let the same to givers of entertainments for such periods and at such rents as may be agreed upon, or let out any part of the same as shops, stalls or restaurants.

and by the insertion in paragraph (4) after the word "thereof" of the words "for dancing or."

Slaughterhouses.

s. 44 of Act of 1903.

slaughter

62. For the purpose of providing shambles or Power to 25 slaughterhouses the town council shall have power to acquire land purchase and take lands and premises by agreement for site of under the Lands Clauses Acts, and failing such agreement, public they may present a petition to the sheriff in manner house. provided in section sixty of the principal Act for 30 authority to put in force the provisions of the Lands Clauses Acts with respect to the acquisition of land otherwise than by agreement.

63. The powers of town councils to make byelaws Byelaws for regulation of slaughterhouses, &c., under section two for regula35 hundred and eighty-one of the principal Act shall include tion of power to make byelaws with respect to the following slaughtermatters-licensing of slaughtermen; regulating the mode of slaughter; resting and fasting of animals before

houses, &c.