A.D. 1926. Incorpora. tion of Lands Clauses New works. (General Powers) Order Confirmation. 5. The Lands Clauses Acts are subject to the provisions of this Order incorporated with and shall form part of this Order. 6. Subject to the provisions of this Order and to the powers of deviation hereinafter mentioned the Corporation may in the lines and situation and upon the lands in that behalf delineated on the deposited plans and described in the deposited book of reference and 10 according to the levels shown on the deposited sections make construct maintain and use the works hereinafter mentioned or some of them or some part or parts thereof together with all necessary and proper works and conveniences connected therewith or incidental thereto 15 respectively (that is to say) :— Work No. 1 A widening and improvement wholly within the city of Edinburgh and city parish of Work No. 2 A new road wholly within the city of Work No. 3 A widening and improvement wholly 5 10 15 20 25 30 35 40 (General Powers) Order Confirmation. and North Eastern Railway and the Water of A.D. 1926. Work No. 5 A widening and improvement wholly Work No. 6 A widening and improvement wholly A.D. 1926. Power to deviate (General Powers) Order Confirmation. the Mill Lade passing thence south-westwards Work No. 7 A widening and improvement wholly Work No. 8 A widening and improvement wholly Drive. 7. In the execution of the said works or any of them described in this part of this Order the Corporation may new works. deviate laterally to any extent within the limits of deviation shown on the deposited plans applicable thereto 35 and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three feet Provided that no deviation either lateral or vertical shall be made below high-water mark without the consent in writing of the Board of Trade. Works 8.-(1) Subject to the provisions of this Order any below high work authorised by this Order shall only be constructed so far as the same shall be on under or over tidal waters water mark to be 40 (General Powers) Order Confirmation. or tidal lands below high-water mark of ordinary spring A.D. 1926. tides in accordance with plans and sections approved by the Board of Trade under the hand of one of the subject to Secretaries or Assistant Secretaries of the Board of approval of Board of 5 Trade and subject to such restrictions and regulations Trade. as the said Board may prescribe before such work is begun. 10. (2) Any alteration or extension of any such work shall be subject to the like approval. (3) If any such work be commenced or completed contrary to the provisions of this section the Board of Trade may abate and remove the same and restore the site thereof to its former condition at the cost of the Corporation and the amount of such cost shall be a 15 debt due from the Corporation to the Crown and shall be recoverable either as a debt due to the Crown or by the Board of Trade summarily as a civil debt. 9. If the works described in this part of this Order Period for and shown on the deposited plans are not completed completion 20 within five years from the commencement of this Order of works. then on the expiration of that period the powers hereby granted for the execution of the same shall cease except as to so much thereof as is then completed. 1893 and 10. Sections 20 (Magistrates and council may take Application 25 down buildings and lay out lands and sell or let those of sections not required) 21 (Power to make subsidiary works &c.) of Acts of 22 (Alterations of sewers and gas and water pipes) 1913. 23 (Alterations consequent on changing levels of streets to be made at expense of magistrates and council) 30 and 26 (Magistrates and council not to be bound to execute all works) of the Act of 1893 and section 30 (Corporation empowered or may be required to underpin or otherwise strengthen houses near works) of the Act of 1913 shall so far as applicable apply mutatis mutandis 35 to the works authorised to be executed by this Order and to the lands authorised to be acquired therefor. 11. Subject to the provisions of this Order the Lands for Corporation may enter upon purchase take hold appro- works. priate and use the lands houses and property respec40 tively shown on the deposited plans and described in the deposited book of reference or such part or parts thereof as may be required for or in connection with (General Powers) Order Confirmation. A.D. 1926. the works authorised by the section of this Order the marginal note whereof is " New works." Omission or misstatement in plans or book of reference may be corrected. Certificates to be deposited. Limiting period for 12. If there be any omission mis-statement or erroneous description of any lands which may be required or taken for the purposes of this Order or any of them or 5 of the owners lessees or occupiers of any such lands shown on the deposited plans or specified in the deposited book of reference the Corporation after giving ten days' notice to the owners lessees and occupiers of the lands in question may apply to the sheriff for the correction 10 thereof and if it appear to the sheriff that such omission mis-statement or erroneous description arose from accident or mistake he shall certify the same accordingly and shall in such certificate state the particulars of the omission and in what respect any such matter is mis-stated 15 or erroneously described and the decision of the sheriff in such matter shall be final. 13. The certificate of the sheriff shall be deposited in the office at Edinburgh of the sheriff clerk of the county of Midlothian and a duplicate thereof shall also 20 be deposited at the office of the sheriff clerk of the county of the city of Edinburgh and such certificate and duplicate shall be kept by such sheriff clerks respectively along with the other documents to which they relate and thereupon the deposited plans and 25 book of reference shall be deemed to be corrected in accordance with the certificate and the Corporation may enter on purchase take hold and use for the purposes of this Order any lands in accordance with such certificate as if such omission mis-statement or erroneous description 30 had not been made. 14. The powers of the Corporation for the compulsory purchase of lands for the purposes of this Order shall cease compulsory after the expiration of three years from the commencement purchase of lands. Stoppage of roads during execution of works. of this Order. 35 15. Subject to the provisions of this Order the Corporation may during the execution of the works by this Order authorised stop up temporarily the carriageway or footway of any street road or bridge as may be necessary but not so as to prevent or hinder reasonable 40 access and egress both for vehicular and pedestrian traffic to or from any station or depôt of a railway |