made affecting any lands without the consent of the owners, lessees, and occupiers thereof : (5.) After the completion of such inquiry, the Secretary of State may, by provisional order, empower the local authority to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation (Scotland) Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as he may think fit, and it shall be the duty of the local authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served. Provided that the notices by this section required to be given in the months of October and November may be given in the months of September and October; and any notices or orders by this section required to be served on a number of persons having any right in, over, or on lands in common may be served on any three or more of such persons on behalf of all such persons. 7. Power to let lands.—Any local authority may, with the consent of the Secretary of State, let for any term any lands which they may possess as and when they can conveniently spare the same. PROVISIONAL ORDERS BY SECRETARY OF STATE. 8. As to provisional orders made by Secretary of State.-With respect to pro visional orders authorised to be made by the Secretary of State under this Act the following enactments shall be made: (1.) The Secretary of State shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been pren ously given by advertisement in two successive weeks in some local newe paper circulating in the district to which such provisional order relates: (2.) Before making any such provisional order the Secretary of State shall com sider any objections which may be made thereto by any persons affected thereby, and in cases where the subject-matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notic shall be given in manner aforesaid, and at which all persons interested shal be permitted to attend and make objections: (3.) The Secretary of State may submit to Parliament for confirmation an private Bills: (5.) The Secretary of State may revoke, either wholly or partially, any pr visional order made by him before the same is confirmed by Parliament, b such revocation shall not be made whilst the Bill confirming the order pending in either House of Parliament: (6.) The making of a provisional order shall be prima facie evidence that s the requirements of this Act in respect of proceedings required to be take previously to the making of such provisional order have been complied with (7.) Every Act confirming any such provisional order shall be deemed to be Public General Act. 9. Costs to be awarded in certain cases.-Where any Bill for confirming a pro visional order under this Act is referred to a committee of either House of Paris ment upon the petition of any person opposing such bill, the committee shall take into consideration the circumstances under which such opposition is made to the bill, and whether such opposition was or was not justified by such circumstances, and shall award costs accordingly to be paid by the promoters or the opponents of the bill, as the committee may think just. Any costs under this section may be taxed and recovered in the manner in which costs may be taxed and recovered under the Act of the session of the twenty-eighth and twenty-ninth years of the reign of Her present Majesty, chapter twenty-seven. The decision of the majority of the members of the committee for the time being present and voting on any question under this section shall be deemed to be the decision of the committee. 10. Costs of provisional order.-The reasonable costs of any local authority in respect of provisional orders made in pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by the Secretary of State, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the local authority interested in or affected by such provisional orders, and such costs shall be paid accordingly; and if thought expedient by the Secretary of State, the local authority may contract a loan for the purpose of defraying such costs. ACQUISITION OF LAND. 11. Acquisition of land. The clauses of the Lands Clauses Consolidation (Scotland) Acts with respect to the purchase and taking of lands otherwise than by agreement, shall not, except to the extent set forth in the schedule hereto, apply to any lands taken in pursuance of this Act, but, save as aforesaid, the said Lands Clauses Consolidation (Scotland) Acts (except sections one hundred and twenty to one hundred and twenty-two, both inclusive, of the Lands Clauses Consolidation (Scotland) Act, 1845), as amended by the provisions contained in the schedule hereto, shall regulate and apply to the purchase and taking of lands in Scotland, and shall for that purpose be deemed to form part of this Act in the same manner as if they were enacted in the body thereof, subject to the provisions following; that is to say, (1.) This Act shall authorise the taking by agreement any lands which the local authority may require for the purposes of this Act, and it shall authorise the taking by the exercise of any compulsory powers of such lands as are required for the purposes of this Act to be taken compulsorily: (2.) Whenever the compensation payable in respect of any lands or of any interests in any lands proposed to be taken compulsorily in pursuance of this Act requires to be assessed, such lands or interests shall be valued as if they were lands or interests taken compulsorily under the provisions of the Lands Clauses Consolidation (Scotland) Acts. 12. Extinction of rights of way and other servitudes.-Upon the purchase by the local authority of any lands required for the purpose of carrying this Act into effect, all rights of way, rights of laying down or of continuing any pipes, sewers, or drains on, through, or under such lands or part thereof, and all other rights or servitudes in or relating to such lands, or any part thereof, shall be extinguished, and the solum of such ways, and the property in the pipes, sewers, or drains, shall vest in the local authority, subject to this provision, that compensation shall be paid by the local authority to any persons or bodies of persons proved to have sustained loss by this section, and such compensation shall be determined in the manner in which compensation for lands is determinable under this Act, or as near thereto as circumstances admit. made affecting any lands without the consent of the owners, lessees, and occupiers thereof: (5.) After the completion of such inquiry, the Secretary of State may, by provisional order, empower the local authority to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation (Scotland) Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as he may think fit, and it shall be the duty of the local authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served. Provided that the notices by this section required to be given in the months of October and November may be given in the months of September and October; and any notices or orders by this section required to be served on a number of persons having any right in, over, or on lands in common may be served on any three or more of such persons on behalf of all such persons. 7. Power to let lands.-Any local authority may, with the consent of the Secretary of State, let for any term any lands which they may possess as and when they can conveniently spare the same. PROVISIONAL ORDERS BY SECRETARY OF STATE. 8. As to provisional orders made by Secretary of State. With respect to provisional orders authorised to be made by the Secretary of State under this Act the following enactments shall be made: (1.) The Secretary of State shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been previously given by advertisement in two successive weeks in some local newspaper circulating in the district to which such provisional order relates: (2.) Before making any such provisional order the Secretary of State shall consider any objections which may be made thereto by any persons affected thereby, and in cases where the subject-matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections: (3.) The Secretary of State may submit to Parliament for confirmation any provisional order made by him in pursuance of this Act, but any such order shall be of no force whatever unless and until it is confirmed by Parliament : (4.) If while the Bill confirming any such order is pending in either House of Parliament a petition is presented against any order comprised therein, the Bill, so far as it relates to such order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of private Bills: (5.) The Secretary of State may revoke, either wholly or partially, any provisional order made by him before the same is confirmed by Parliament, but such revocation shall not be made whilst the Bill confirming the order is pending in either House of Parliament: (6.) The making of a provisional order shall be primâ facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with : (7.) Every Act confirming any such provisional order shall be deemed to be a Public General Act. 9. Costs to be awarded in certain cases.-Where any Bill for confirming a provisional order under this Act is referred to a committee of either House of Parlia ment upon the petition of any person opposing such bill, the committee shall take into consideration the circumstances under which such opposition is made to the bill, and whether such opposition was or was not justified by such circumstances, and shall award costs accordingly to be paid by the promoters or the opponents of the bill, as the committee may think just. Any costs under this section may be taxed and recovered in the manner in which costs may be taxed and recovered under the Act of the session of the twenty-eighth and twenty-ninth years of the reign of Her present Majesty, chapter twenty-seven. The decision of the majority of the members of the committee for the time being present and voting on any question under this section shall be deemed to be the decision of the committee. 10. Costs of provisional order.-The reasonable costs of any local authority in respect of provisional orders made in pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by the Secretary of State, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the local authority interested in or affected by such provisional orders, and such costs shall be paid accordingly; and if thought expedient by the Secretary of State, the local authority may contract a loan for the purpose of defraying such costs. ACQUISITION OF LAND. 11. Acquisition of land.-The clauses of the Lands Clauses Consolidation (Scotland) Acts with respect to the purchase and taking of lands otherwise than by agreement, shall not, except to the extent set forth in the schedule hereto, apply to any lands taken in pursuance of this Act, but, save as aforesaid, the said Lands Clauses Consolidation (Scotland) Acts (except sections one hundred and twenty to one hundred and twenty-two, both inclusive, of the Lands Clauses Consolidation (Scotland) Act, 1845), as amended by the provisions contained in the schedule hereto, shall regulate and apply to the purchase and taking of lands in Scotland, and shall for that purpose be deemed to form part of this Act in the same manner as if they were enacted in the body thereof, subject to the provisions following; that is to say, (1.) This Act shall authorise the taking by agreement any lands which the local authority may require for the purposes of this Act, and it shall authorise the taking by the exercise of any compulsory powers of such lands as are required for the purposes of this Act to be taken compulsorily: (2.) Whenever the compensation payable in respect of any lands or of any interests in any lands proposed to be taken compulsorily in pursuance of this Act requires to be assessed, such lands or interests shall be valued as if they were lands or interests taken compulsorily under the provisions of the Lands Clauses Consolidation (Scotland) Acts. 12. Extinction of rights of way and other servitudes.-Upon the purchase by the local authority of any lands required for the purpose of carrying this Act into effect, all rights of way, rights of laying down or of continuing any pipes, sewers, or drains on, through, or under such lands or part thereof, and all other rights or servitudes in or relating to such lands, or any part thereof, shall be extinguished, and the solum of such ways, and the property in the pipes, sewers, or drains, shall vest in the local authority, subject to this provision, that compensation shall be paid by the local authority to any persons or bodies of persons proved to have sustained loss by this section, and such compensation shall be determined in the manner in which compensation for lands is determinable under this Act, or as near thereto as circumstances admit. EXPENSES. 13. Separate account to be kept for the purposes of this Act.—A separate account shall be kept by the local authority in respect of any transactions under this Act. The moneys required for the purposes of this Act shall be supplied out of the local rate, or out of moneys borrowed in pursuance of this Act. The "local rate" shall mean an assessment to be levied and recovered by the local authority along with, but as a separate assessment from, any one of the assessments mentioned in section ninety-five of the Public Health (Scotland) Act, 1867.* 14. Power of borrowing money for the purposes of this Act.—Any local authority under this Act may, for the purposes of this Act, borrow any moneys on the security of any lands acquired by them under this Act, and may mortgage such lands to any person advancing such moneys, and it shall not be in any way incumbent on the mortgagees to see to the application of such moneys, nor shall they be responsible for the misapplication thereof. Every local authority borrowing on the credit of such lands as aforesaid may pay out of the local rate the interest of any moneys so borrowed by them. Any local authority under this Act borrowing any moneys on the security of any lands as aforesaid may execute such instruments by way of security, with such power of sale and other conditions as they think expedient. Any local authority under this Act shall have the same power of borrowing on the credit of the local rate such sums of money as they may require for the purposes of this Act as they have under section eighty-six of the Public Health (Scotland) Act, 1867, for the purpose of making, enlarging, or constructing Any limit imposed on or in respect of local rates by any Act of Parliament other than this Act shall not apply to any rate required to be levied for the purpose of defraying any expenses under this Act. 15. Audit of accounts.-The accounts of a local authority in any burgh under this Act shall be audited in the same manner, and with the same power in the officers auditing the same, in which the account of the police assessment in such burgh is for the time being required to be audited under any general or local Act. BYELAWS. 16. Authentication and alteration of byelaws.-All byelaws made by a local authority under and for the purposes of this Act shall be signed by the clerk thereof; and any such byelaws may be altered or repealed by subsequent byelaws made pursuant to the provisions of this Act: Provided that no byelaws made under this Act by a local authority shall be of any effect if repugnant to the laws of Scotland or to the provisions of this Act. 17. Power to impose penalties on breach of byelaws.-Any local authority may, by any byelaws made by them under this Act, impose on offenders against the same such reasonable penalties as they think fit, not exceeding the sum of five pounds for each offence, and in the case of a continuing offence a further penalty not exceeding forty shillings for each day after written notice of the offence from the local authority; but all such byelaws imposing any penalty shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty. 18. Confirmation of byelaws.-Byelaws made by a local authority under this Act shall not take effect unless and until they have been submitted to and con *See now §§ 136 and 139 of Public Health Act, 1897. |