(Streets Buildings and Sewers) Order Confirmation.

A.D. 1926.

SCHEDULE.

EDINBURGH CORPORATION (STREETS

BUILDINGS AND SEWERS).
Provisional Order to consolidate with amendments the

Acts and Orders of or relating to the Corporation of 5
the city and royal burgh of Edinburgh in so far as
pertaining to the Dean of Guild Court to the regulation
control and administration of streets buildings sewers
drains streams watercourses sky signs and advertise-
ments and other cognate matters and to the river or 10
stream known as the Water of Leith ; to confer further
powers upon the Corporation in respect of these
matters and for other purposes.

WHEREAS the lord provost magistrates and council
of the city and royal burgh of Edinburgh (hereinafter 15
referred to as “the Corporation ”) are vested with the
municipal government of the city and royal burgh of
Edinburgh (hereinafter referred to as “the city') and
are the local authority therein for police public health
road sanitary and other purposes under among others 20
the Edinburgh Municipal and Police Acts 1879 to 1924:

And whereas by virtue of the provisions of the Edinburgh Boundaries Extension and Tramways Act 1920 the undertaking of the Water of Leith Purification and Sewerage Commissioners was transferred to and 25 vested in the Corporation and the said commission was dissolved and the Corporation were constituted the authority for carrying the Water of Leith Purification and Sewerage Acts 1889 to 1908 into execution in lieu and place of the said commissioners :

30 And whereas the Acts and Orders relating to the Dean of Guild Court of the city to the regulation control and administration of streets buildings sewers drains streams watercourses sky signs advertisements and other cognate matters and to the river or stream known as 35 the Water of Leith are very numerous and many of their provisions have been superseded by subsequent legislation and ought to be repealed and it would be of

(Streets Buildings and Sewers) Order Confirmation.

public and local advantage if such of the provisions A.D. 1926.
of the said Acts and Orders as it is deemed expedient
to retain were consolidated with certain amendments

and additions into one Order :
5 And whereas it is expedient at the same time to

extend in various respects the powers of the Corporation
relating to matters comprised in those enactments :

And whereas it is expedient that the other powers contained in this Order should be conferred upon the 10 Corporation :

And whereas the purposes aforesaid cannot be effected without an Order of the Secretary for Scotland confirmed by Parliament under the provisions of the

Private Legislation Procedure (Scotland) Act 1899 : 15

Now therefore in pursuance of the powers contained in the last-mentioned Act the Secretary for Scotland orders as follows:

PART I.

PRELIMINARY.

20

1. This Order may be cited as the Edinburgh Short and Corporation (Streets Buildings and Sewers) Order 1926 collective and the Edinburgh Municipal and Police Acts 1879 to titles. 1924 and this Order and any other Order of the Secre

tary for Scotland relating to the Corporation confirmed 25 during the present Session of Parliament under the

provisions of the Private Legislation Procedure (Scotland)
Act 1899 may be cited as the Edinburgh Municipal and
Police Acts 1879 to 1926.

Division of
Order into
Parts.

30

2. This Order is divided into Parts as follows :

Part 1.-Preliminary.
Part II.—Dean of Guild Court.
Part III.—Buildings.
Part IV. - Streets.
Part V.-Sewers and drains.
Part VI.-Watercourses streams &c.
Part VII.-Water of Leith.
Part VIII.—Sky signs and advertisements.
Part IX.-Miscellaneous.
Part X.-Repeal of Acts and Savings.

35

(Streets Buildings and Sewers) Order Confirmation.

A.D. 1926.

Commence. ment of Order.

3. This Order shall commence and have effect as from the fifteenth day of May one thousand nine hundred and twenty-seven which date is hereinafter referred to as the commencement of this Order."

Interpretation.

4. In this Order unless there be something in the 5 subject or context repugnant to such construction the following expressions shall have the meanings hereinafter respectively assigned to them (that is to say) : “ Act of 1879 ” means the Edinburgh Municipal and Police Act 1879;

10 “ Act of 1889” means the Water of Leith Purifica

tion and Sewerage Act 1889; “ Act of 1920” means the Edinburgh Boundaries

Extension and Tramways Act 1920; “Building” shall include any structure or erection of 15

what kind or nature soever whether temporary

or permanent or any part thereof; Carriageway” means the part of the street between

the footways on either side thereof or the
adjoining lands or buildings where there is no 20

footway;
“ Centre of street” or “centre line of street"

means :

(A) Where under this Order provision is made for ascertaining the centre line of a 25 street the centre line of such street as so fixed and ascertained;

(B) Where a street has not been widened or has been widened on both sides to an equal extent and the centre line has not 30 been fixed or determined under this Order the actual centre line of such street;

(c) Where a street has been widened on one side only or on both sides to an unequal extent and the centre line has not been 35 fixed or determined under this Order the centre line of the street shall be such line as the Corporation having regard to all the circumstances may fix as the centre line;

con

(Streets Buildings and Sewers) Order Confirmation.
City” means the city and royal burgh of Edinburgh A.D. 1926.

according to the boundaries thereof at the

commencement of this Order;
“ Corporation means the lord provost magistrates

and council of the city;
“ Court” where by the context it applies to a

space contiguous to buildings means a court
or recess or area forming a common access to
lands and heritages separately occupied including

any common passage or entrance thereto;
Daily penalty” means a penalty for every day

on which any offence is continued after con

viction;
“Dock commission” means the commissioners for

the harbour and docks of Leith;
Dwelling-house means a house used or

structed or adapted to be used wholly or

principally for human habitation;
Edinburgh Municipal and Police Acts” means

the Edinburgh Municipal and Police Acts 1879
to 1924 the Edinburgh Corporation Stock Act
1894 (as amended by the Edinburgh Improve-
ment and Tramways Act 1896 the Edinburgh
Corporation Act 1906 and the Order of 1921)

and this Order;
“Existing” means existing immediately previous

to the commencement of this Order;
“ Hollow square

means and includes any square
parallelogram triangle polygon circle or other
regular or irregular figure of ground of a less
superficial area than one acre bounded on all
sides by one or more streets in such a manner
as to permit of buildings being erected on it
round its margin so as to entirely enclose the

interior space;
Footway means the foot pavement or footpath

forming the part of the street between the
carriageway and the adjoining lands or build-
ings;

20

25

30

35

(Streets Buildings and Sewers) Order Confirmation.

A.D. 1926.

means

20

“Lands and heritages ” and “lands or heritages

means lands and heritages as defined in the Acts in force for the time being relating to the

valuation of lands and heritages;
“Mills and other works means and includes all the 5

paper mills manufactories scouring and dye
works bleachfields skinneries tanneries laundries
glue works distilleries and all other works and
buildings situate on or adjacent to the banks
of or draining into the river or which may after 10
the commencement of this Order be erected or

established on or adjacent to the river;
“ Mill leads ” means the mill leads connected with

the river;
“New dwelling-house"

a dwelling-house 15 erected or re-constructed after the commencement of this Order and includes any building used or intended to be used as a dwelling-house after the commencement of this Order and

which had not previously been so used; “ Order of 1908 ” means the Water of Leith Purifica

tion and Sewerage Order 1908;
“ Order of 1921 ” means the Edinburgh Corporation

Order 1921;
Occupier” includes the actual occupier or tenant 25

or sub-tenant;
“
Owner” means and includes joint-owner fiar life-

renter feuar bondholder in possession or other
person in actual possession or receipt of the
rents of lands and heritages and the factor 30
agent or commissioner of such persons or any
of them or any other person who shall intromit

with or draw the rents;
“Private street ” means any street or part thereof

other than a public street (not being or forming 35 part of any harbour dock quay wharf railway

railway station or depot or of any canal); “ Public Health Acts" means the Public Health

(Scotland) Act 1897 and any Acts amending or extending the same;

40 “Public street” means any street or part thereof