in Commis points of the commencement and termination of the said as supernew road, and they may appropriate for the purposes of this seded, to vest Act, the site of so much of the said turnpike road as may be sioners. so stopped up, and as may be bounded on both sides by lands of the Commissioners: Provided always that the fact of the said new road being ready for traffic shall be left to the determination of the local surveyor of the county road trustees and the engineer of the Commissioners, and in the event of their differing in opinion to the determination of the sheriff: Provided also, that during the construction of the other works by this Act authorized, and until the certificate of the completion of the said new road is granted by the sheriff as herein-after mentioned, the same shall be always upheld and maintained in good order and thoroughly sufficient condition, by and at the expense of the Commissioners. 'That is, the Sheriff of the County of Stirling, or one of his substi- XI. Immediately upon the construction of the other Maintenance works authorized by this Act being completed but not of new road. sooner, the Commissioners shall make an application to the sheriff to certify as to the completion of the said new road, and the county road trustees shall be made parties to such application. The said new road, when its completion is so certified (of which completion such certificate shall be conclusive evidence) shall become, and the same shall thenceforth be part of the said turnpike road, and shall, subject to the proviso herein after contained, be upheld and maintained by the county road trustees: Provided always, that the Commissioners shall pay to the county road trustees the cost of upholding and maintaining the said new road for a period of twelve months after the date of the said certificate of completion. omissions in XII. If any omission, misstatement or erroneous de- Errors and scription is found to have been made of any lands or of plan and book any owners, lessees, or occupiers of any lands described or of reference intended to be described in the deposited plan or book of may be correference, the Commissioners may apply to the sheriff for sheriff, who rected by the correction thereof, after giving ten days notice to the shall certify owners, lessees and occupiers of the lands affected by the proposed correction, and if it appear to the sheriff that the omission, misstatement or erroneous description arose from mistake, he shall certify the same accordingly, stating the particulars of the omission, misstatement or erroneous description, and his certificate shall be deposited with the the same. Certificate to principal sheriff clerk of the county of Stirling, and shall be be deposited. kept by him with the other documents to which it relates, and subject and according to the same enactments and provisions as apply to those other documents, and thereupon the deposited plan or book of reference (as the case requires shall be deemed to be corrected according to the certificate, and the Commissioners may enter on, take, hold, and use those lands accordingly. Period for XIII. The powers of the Commissioners for compulsory compulsory purchase of lands under this Act shall not be exercised after the expiration of five years from the commencement of this Act.1 purchase. Period for completing works. For protec 1 The period allowed for the compulsory purchase of lands will not expire till 3rd July, 1887. XIV. After the expiration of ten years from the passing of this Act,' all the powers for completing the new works by this Act authorized shall cease to be exercised, except as to so much thereof as are then completed. The period allowed for the completion of the works will not expire till 3rd July, 1892. XV. Section 81 of the Act of 1855, for the protection tion against against accidents from reservoirs or embankments, shall extend and be applied to the reservoir and embankment by this Act authorized. accidents from reservoirs, &c. Power to borrow on mortgage. Power to borrow on cash account, For further provisions relative to the security of reservoirs see sections 3 to 11 inclusive of "The Waterworks Clauses Act 1863," Appendix pp. 171, 172, and 173. XVI. It shall be lawful for the Commissioners to borrow on mortgage any sums not exceeding one hundred and fifty thousand pounds, in addition to the sum of one million eight hundred and fifty thousand pounds authorized to be borrowed by the recited Acts, and to make and grant mortgages and assignations of the several rates to be levied by the Commissioners under the provisions of the recited Acts, or any of them, in security of the payment of the money so borrowed and interest thereon; and, if after having borrowed the said sums or any part thereof, the Commissioners pay off the same, otherwise than by means of the sinking fund herein-after mentioned, it shall be lawful for them again to borrow the amount so paid off, and so from time to time. XVII. It shall be lawful for the Commissioners to accept and take from any bank or banking company credit on a cash account to be opened and kept with such bank or banking company in the name of the Commissioners, according to the usage of bankers in Scotland, to the extent of the sum which the Commissioners are authorised to borrow as aforesaid, or any part thereof, and, if required, to make and grant mortgages and assignations of the several rates to be levied by them under the provisions of the recited Acts, or any of them, in security of the payment of the amount of such credit, or of the sums advanced from time to time on such cash account, with interest thereon: Provided that the whole sum due and owing by the Commissioner on such cash account, and for money borrowed by them on bonds or on mortgages or assignations of the said property and works and rates, or any part thereof, shall not, when taken together, exceed the sum of two millions pounds by the recited Act and this Act authorised to be borrowed. XVIII. The several sums borrowed by the Commissioners Application under the authority of the recited Acts and this Act, shall of money be applied in defraying the expense of purchasing and borrowed. acquiring lands and other property and of executing the works authorised by the recited Acts and this Act, and in defraying the expense of obtaining and passing this Act, and in carrying into effect the several purposes thereof to which capital is properly applicable. XIX. The Commissioners may fund the whole or any Debt may be part of the sums to be raised under the authority of this funded. Act, under the powers and provisions, with the rights and privileges, and subject to the restrictions and conditions which are contained in sections 112 to 116, both inclusive, of the Act of 1855,1 as amended by section 10 of the Act of 1877.2 1 See these sections and notes thereon, pp. 40 and 41. tion of XX. Sections 10 to 13, both inclusive, of the Act of 1859,' As to form sections 14 to 19, both inclusive, of the Act of 1865,2 and and execusection 7 of the Act of 1877,3 with respect to the form, mortgage, &c. execution, transfer, and transmission of mortgages and annuities and interest warrants thereon to be granted under the authority of the recited Acts, shall be, and are hereby made applicable to the money to be borrowed, and the mortgages and assignations in security and annuities to be granted under the authority of this Act, in the same manner as if the money to be borrowed, and the mortgages and assignations in security, and annuities to be granted under I the authority of this Act had been borrowed or granted under the authority of the recited Acts, or any of them. 1See these sections, pp. 49 and 50. * See these sections and notes thereon, pp. 66 and 67. See this section, p. 96. XXI. Sections 117, 118, and 119 of the Act of 1855,1 and section 20 of the Act of 1865,2 with respect to the appointment, powers, and duties of a judicial factor, and the sinking fund to be set apart for the redemption of mortgages and annuities shall be, and are hereby made applicable to the money to be borrowed, and the mortgages and assignations in security to be granted under the authority of this Act, in the same manner as if the money to be borrowed under the authority of this Act had been borrowed under the authority of the recited Acts, or any of them. 1 See these sections and notes thereon, pp. 41, 42, and 43. XXII. Nothing in this Act contained shall prejudice any bonds, annuity debentures, mortgages or assignations in security granted by the Commissioners under the authority of the recited Acts, or any of them, and subsisting at the date of the passing of this Act, and such bonds, annuity debentures, mortgages and assignations shall be, and remain in full force and as valid and effectual in all respects as if this Act had not been passed. XXIII. The expenses of applying for, obtaining, and passing this Act, and incidental thereto, shall be paid by the Commissioners out of the rates to be levied under the authority of the first-recited Act, or out of the money to be borrowed under the authority of the recited Acts or this Act. APPENDIX. PART I. SECTIONS OF OTHER ACTS INCORPORATED WITH THE (1.) THE COMMISSIONERS CLAUSES ACT 1847. By section 4 of " The Glasgow Corporation Waterworks Act 1855," and other sections of subsequent Amendment Acts, the following clauses are incorporated from "The Commissioners Clauses Act 1847." And with respect to the construction of this Act, and any Act Interpretaincorporated therewith, be it enacted as follows: II. The expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed, constituting a body of Commissioners as hereinafter defined for the purpose of carrying on any undertaking, and with which this Act shall be incorporated; and the word "prescribed " used in this Act, in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act; and the sentence in which such word occurs shall be construed as if, instead of the word "prescribed," the expression "prescribed for that purpose in the special Act” had been used; and the expression "the undertaking" shall mean the undertaking or works, of whatever nature, which shall by the special Act be authorized to be executed or carried on; and the expression "the Commissioners" shall mean the Commissioners, Trustees, Undertakers, or other persons or body corporate constituted by the special Act, or thereby intrusted with powers for executing the undertaking. tions in this Act: III. The following words and expressions, both in this and the Interpretaspecial Act, and any Act incorporated therewith, shall have the tions in this several meanings hereby assigned to them, unless there be some- and the spe cial Act: |