in advertising in one or more newspapers circulating in the district where the work is proposed to be carried out, and by posting handbills throughout the same district, describing the nature of the work and the intended termini, together with the names of the parishes and the public roads and streets and other lands (if any) through, across, under, or on which the work is to be made, and shall name a place where the plans of the intended work will be open for inspection during reasonable hours, and a copy of such notice shall be served on the owners or reputed owners, tenants, or reputed tenants, and occupiers of the said lands, and on the local authority and county council where such district is situated (which presumably means the district and county council within whose area the work is to be executed).

Power is given to the Public Works Loan Commissioners, by Section 142 (on the recommendation of the Local Government Board for Scotland), to lend money to local authorities for sanitary purposes, whether the works are, or are about to be, executed.

In case of objection by the local authority or county. council, mentioned in Section 104, "or any owner, tenant, or occupier who would be affected by the intended work," notice thereof is, by Section 105, required to be served on the local authority at any time within the three months required by Section 104 for announcing the proposed work, and unless. the objection is withdrawn, the work must not be commenced without the consent of the Local Government Board for Scotland, after the Board's Inspector has held an inquiry on the spot "into the propriety of the intended work and into the objection thereto," as provided by Section 106.

This inquiry may also be ordered by the Board on the application of the local authority proposing to carry out the work, and, on receiving the Inspector's report, "the Board may make an Order disallowing or allowing, with such modifications (if any) as they may deem necessary, the intended work.

Under Section 145, which applies to cases of compulsory purchase of lands, etc., the Board may, under Section 8, appoint some person or persons, other than any member of the Board, to hold any special inquiry thereunder. (In planning a system of sewerage, it is essential to bear in mind that the local authority may be called upon to provide for the admission to the sewers of the wastes from manufac

turing processes as carried on in factories, etc., under

Section 110 of this Act and Section 7 of the Rivers Pollution Act, 1876.)

By Section 116, "The owners or occupiers of distilleries, manufactories, and other works shall be compelled, where possible, to dig, make, and construct pools or reservoirs within their own ground, or as near their works as possible, for receiving and depositing the refuse of such works, so as to prevent such refuse from becoming offensive or injurious or dangerous to the health of those living in the vicinity thereof, or, to use the best practicable means for rendering the same inoffensive or innoxious before discharging it into any river, stream, ditch, sewer, or other "channel.'

This section should be read in conjunction with the Rivers Pollution Prevention Acts, 1876 and 1893.*

Estimates for Carrying out Work.

Where it is proposed to carry out any work connected with sewerage or drainage, if the probable expense will exceed thirty pounds, Section 113 enacts that the local authority shall procure from a surveyor an estimate of the probable cost of substantially constructing the same, and the yearly cost of keeping it in repair; and the surveyor is also to furnish a report as to whether the most advantageous mode of executing the work would be under a contract for construction only, or for maintaining in repair during a given term of years also.

(See also the Form II. required to be filled up for the Local Government Board for Scotland, where the local authority propose to borrow for the execution of sewerage works (p. 226), and the Burgh Sewerage, Drainage, and Water Supply (Scotland) Act, 1901, Part I. Secs. 1 and 2) (p. 289)).

Joint Sewerage Works.

When it may be for the benefit of the respective districts of two or more local authorities, they may combine for sewerage purposes. The sanction of the Local Government Board is necessary, and in applying for the Board's sanction, a joint application may be made by the authorities wishing to combine, or the Board may be approached at the instance of each of such local bodies.

* See p. 291 et seq.

Section 121 regulates the manner of combining, and enacts that it shall be "for the purpose of executing or acquiring an interest in, or maintaining any works by this Act or any other Act authorised in regard to sewerage or drainage that may be for the benefit of their respective districts.' This section would enable local authorities to combine for the purpose of purchasing or constructing sewers, and general works for the outfall or distribution, disposal or treatment of sewage under Sections 102 and 103.

The Formation of Special Drainage Districts.

Special drainage districts may be formed, enlarged or combined with others under Section 122, and for such a purpose a rural local authority may form a portion of their district into a separate area for the purpose of drainage. Any preliminary expenses incurred in the formation of a special drainage district are chargeable to the special assessment. These would include cost of surveys, Provisional Orders, etc., and also the salary of an official employed for the purpose of superintending joint sewage disposal works.

For the purpose of borrowing money for carrying out any works under this section, the provisions of Section 139 should be followed. No action relative to the formation or combination, etc., of special drainage districts may be taken without the sanction of the sheriff. Prior to this, the parish council of the particular parish within the district of a local authority, or not less than ten ratepayers, must make a requisition to the local authority, calling upon them to consider the propriety of taking steps for carrying out the formation or combination, etc., of part of their district into a special drainage area; or enlarging or limiting the boundaries of a special drainage district, or combining one such district with another, etc. The local authority shall then meet and determine by resolution "all questions regarding the payment of any debt which may affect any district or special drainage district, and the right to impose and the obligation to pay any assessment affected by such determination and shall fix the date at which such determination shall take effect." The resolution shall be published either by advertisement in one or more newspapers circulated within the district in question, or by the posting of handbills therein, and a copy of such resolution shall be transmitted to the Board, or, when the local authority is a district committee, to the county council.

Any person interested may appeal to the sheriff against the resolution within twenty-one days of its application, who may either approve or disapprove of such resolution, and may either decide that no special drainage district shall be formed, or may enlarge or limit the special district as defined by the authority's resolution, or may find that the area or part thereof should be combined with another, or that any such combination should cease, and his decision shall be final. If a sheriff-substitute makes the announcement, an appeal against it may be made to the sheriff.

The order of the sheriff shall determine all questions as to the payment of debts affecting any district or special drainage district, and also in relation to the imposition, and obligation to pay any assessment affected by his determination. A copy of any such sheriff's order shall be forthwith published in one or more local newspapers, or by the posting of handbills in the district, and also to the Local Government Board and the county council.

Powers of Utilising Sewage.

For this purpose the local authority may either undertake works on their own account for the application of sewage to land, or, by Section 108, may agree with any person to supply such sewage, or as to its distribution or disposal or treatment over land, and as to the works to be made for such purpose. The terms of agreement may fix the parties who are to carry out the same and to bear the cost thereof, and also as to the amount, if any, to be paid for the supply of sewage.

A contract for the supply of sewage shall not be made for a period exceeding five years, without the authority of the Board, and not for any period exceeding twenty-five years. For a lesser period than five years the consent of the Board is not required, though one for an indefinite period would not appear to be valid.

In cases where lands are held by owners of limited interests, and works of distribution and service for the supply of sewage to lands for agricultural purposes are undertaken thereon under Sections 103 and 108 of this Act, they shall be deemed an improvement of land authorised by the Improvement of Land Act, 1864, under which such owners may execute certain improvements and charge the land with the

cost.

APPENDIX G.

The Burgh Sewerage, Drainage, and Water Supply (Scotland) Act, 1901.

The object of this Act, which has also been dealt with where it applies under other legislation, was to amend the law in regard to the sewerage and drainage (and water supply) of Scottish burghs, especially as regards borrowing money for the carrying out of either such undertakings; whether the money was borrowed before this Act came into operation in such burgh, under any Act providing therefor, or after the passing of this Act (17th August, 1901); and also with regard. to the payment of such principal money and interest, by means of a sewer (or water) assessment, upon which either such sums may constitute a charge. In respect of these sums the creditors shall have "all the powers, rights, and remedies, at the passing of this Act, exercisable by a lender of money (Sec. 1).

This Act shall not apply (1) to any burgh to which the Burgh Police (Scotland) Act, 1892, does not apply; (2) to any burgh in which, at the passing of this Act, a local Act (including an Act confirming a Provisional Order) is in force, with respect to sewerage and drainage (and water supply).

But in either of such cases the town council of the parti

cular burgh may pass a resolution to adopt › Part I.,

which relates to sewer assessments becoming security for sums borrowed for sewerage and drainage, and communicate such resolution to the Secretary for Scotland (Sec. 8).

The town council of any burgh under the Burgh Police (Scotland Act, 1892, have conferred upon them, in addition to powers as to sewers and drainage (and water supply), the same rights and privileges in relation thereto as are conferred by the Public Health (Scotland) Act, 1897, upon local authorities under that Act in districts other than burghs. Such powers, etc., shall extend to the whole area of the burgh under the 1897 Act.

Where in any special or separate drainage district drainage works have been executed and maintained therein, lands and heritages therein shall not be liable for assessment in respect of sewerage and drainage works in other parts of the burgh (Sec. 2).

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