A.D. 1926. as relate solely to the town council or their officers or servants shall not come into operation until the same be confirmed by the sheriff or in the case of byelaws relating to sanitary matters by the Scottish Board of Health, and the sheriff or the Board as the case may be 5 may confirm either with or without alteration or modification or disallow any byelaw or byelaws tendered to them as they think proper: And it shall be incumbent on the sheriff and the Board respectively to inquire into any byelaws tendered to him or them for that purpose. 10 Before coming into operation the said byelaws shall also be confirmed by a Secretary of State who may confirm either with or without alteration or modification or disallow the same; provided that it shall not be necessary to resubmit byelaws which may be altered or modified 15 by the Secretary of State to the sheriff or Board of Health. Section three hundred and eighteen of the principal Act is hereby repealed. Amendment of s. 317 of principal Act. Magistrates to be exempted from being returned or serving on juries. Amendment of s. 306 of principal Act. Amendment of s. 315 of principal Act. 15. Section three hundred and seventeen of the principal Act shall be amended by the substitution of 20 five pounds for forty shillings as the maximum penalty which may be imposed for each breach of a byelaw. 16. The magistrates of a burgh while holding office as such shall be freed and exempted from being returned, and from serving upon juries, and section two of the 25 Jurors (Scotland) Act, 1825, shall be read as if the word "royal" were omitted where it occurs before the word "burghs." 17. Section three hundred and six of the principal Act (which section relates to Special Orders), from the 30 words "provided always" where these first occur to the end of the section, and section four of the Burgh Police (Scotland) Act, 1893, are hereby repealed. 66 may" and 18. Section three hundred and fifteen of the principal Act (which section relates to the erection of a 35 public hall) shall be read as if the words enlarge, alter, or were inserted between the words " "repair," and as if the words "and altering were inserted between the words enlarging" and " and as if the words enlargement, alteration were 40 inserted between the words "erection" and "furnishing." 66 any," 5 10 15 20 19. Section ninety-nine of the Act of 1903 shall A.D. 1926. be amended by the addition at the end thereof of the following proviso : 66 Amendment of s. 99 of Provided that it shall be in the power of Act of 1903. a town council after having passed a Special Order providing that certain sections or subsections of Part I. of this Act set forth in such Special Order should not be applicable to such burgh to rescind such Special Order in whole or in part by adopting a a further Special Order to that effect, and in that event such sections or subsections as are specified in said last mentioned Special Order shall have effect in lieu of the provisions of any local Act at the time in force in the burgh, which provisions shall also be specified in such last mentioned Special Order. The terms of such Special Order shall be forthwith intimated to the Secretary of State and published in the Edinburgh Gazette, and shall come into force at a date to be specified in such Special Order." 20. The provisions of the Theatres Act, 1843, in Theatre so far as they empower justices of the peace of a county licences. in which a burgh is situated to license theatres in such 25 burghs shall cease to have effect. sures to 21. Inspectors of weights and measures shall have Inspectors and may exercise all the powers conferred upon the of weights chief constable or any officer of police or constable by and measections four hundred and nineteen, four hundred and have powers 30 twenty, and four hundred and twenty-two of the of conprincipal Act, and any person resisting or obstructing stables. any such inspector in the enforcement of any of the provisions of those sections shall be liable to a penalty not exceeding five pounds, recoverable as penalties for 35 police offences are recoverable under the principal Act. 22. A copy of or an extract from a minute of a Evidence of meeting of the town council, or of a committee appointed proceedings by the town council, or of the magistrate, or a copy of of council. any byelaw, order, rule, or regulation made by the town 40 council or by any such committee or by the magistrates, certified as correct by the town clerk, shall be prima facie evidence of the passing of the resolution recorded in such minute or of the making of such byelaw, order, rule, or regulation, and of the terms thereof respectively, A.D. 1926. and of the compliance with all statutory requirements precedent to the passing of such resolution or the making of such byelaw, order, rule, or regulation, and shall be received as evidence in all courts whatsoever. Section three hundred and twenty-three of the principal Act is 5 hereby repealed. Lighting of common stairs, passages and courts. PART II. POLICE ADMINISTRATION. Lighting. 23. Section one hundred and five of the principal 10 Act is hereby repealed, and the following section substituted therefor : (1) The town council may at any time, and from time to time as they think fit, provide, fit up, and maintain and renew in common stairs, 15 common passages, and private courts, all necessary lamps, brackets, wires, switches, and other means of lighting and all necessary means of extinguishing the light, and for such purposes the inspector of lighting or any other officer or servant of the 20 town council shall be entitled to require and shall have access to and from such common stairs, common passages, and private courts at all times. (2) The town council shall be entitled to recover the expense they may incur in so fitting, 25 providing, fitting-up, maintaining and renewing said lamps, brackets, wires and switches or other means of lighting as a debt from the owner, or if there are more owners than one, then proportionately from each owner according to the 30 rental of the property of each owner in any house or buildings or part thereof to which access is obtained by such common stair, common passage, or private court. (3) The town town council may provide the 35 necessary supply of gas electricity, or other light for the said lamps and brackets, or other means of lighting, and by their inspector of lighting or any other officer or servant of the council clean any lamps or brackets, and light and extinguish the 40 same, and for all such purposes the inspector of lighting or any other officer or servant of the 5 10 15 20 25 30 35 40 town council shall be entitled to require and shall A.D. 1926. (4) The town council may recover the expense (5) The town council may if they so resolve instead of charging the expenses incurred by them in terms of subsection (3) of this section against the owner or owners as provided in subsection (4), defray the said expense out of the burgh general assessment. 24. Section one hundred and one of the principal Amendment Act (which section relates to recovery of the damage of s. 101 of principal from persons breaking street lamps) shall be amended: (First) by the insertion of "lamp post, lamp iron, lamp standard or lamp bracket or" between the word " any and the word "lamp," (second) by the insertion of "or for the sheriff" after the word "Act." Cleansing. 25.-Section one hundred and nine of the principal Act (which section relates to the removal of dust, &c.) shall be amended (1) by the insertion of the words " or Act. Amendment A.D. 1926. Removal of fish offal or other shop refuse. Liquid not to be allowed in ash-bins. "at other weekly intervals being not less frequent than 66 26. (1) The town council may resolve to undertake the removal of all offal and other perishable refuse from 10 fruit shops or fish shops, or other shops where perishable goods are sold, and in that event may cause carts having a covering proper to prevent the escape of the contents thereof, or of the stench of said contents, to pass throughout any street or district of the burgh at such time or 15 times as may be fixed by the town council for the purpose of collecting such offal and other refuse. (2) The town council may after public notice of such resolution in one or more newspapers published or circulating in the burgh, or by handbill posted throughout 20 the burgh, require the occupiers of such shops to cause all the refuse thereof to be deposited in such carts; and (3) Such offal and refuse shall thereupon be vested in the town council who shall have power to sell and dispose of the same as they think proper, and the money arising 25 therefrom shall be applied to the general purposes of the Burgh Police Acts. 27. It shall not be lawful to deposit or put or to lead sewage, &c., or convey water or any noxious or other liquid or any sewage of a liquid character, into any ash-bin, or other 30 movable receptacle provided for the deposit of household ashes and refuse and other refuse of a dry character, and any person who, in contravention of this section, puts, deposits, or leads or conveys such water, sewage, or liquid into such ash-bin, or other movable receptacle 35 provided as aforesaid shall be liable to a penalty not exceeding forty shillings. Cleansing of common stairs, closes, pas sages and courts. 28. Section one hundred and fifteen of the principal Act is hereby repealed, and the following section substituted therefor : (1) The occupiers of every house, flat, or storey of a building to which entrance is had by 40 |