Proviso as
to Nether
Pollok
Estate.

tion of the said powers, and making compensation for any damages actually caused thereby in manner herein or in the said recited Acts mentioned: Provided always, that nothing herein contained shall authorize the Company to enter upon, take possession of, or use any part of the estate of Nether Pollok, or to make any dam or reservoir thereon, or lay any pipes therein, or execute any work upon the said estate, otherwise than delineated on the said plan, except such conduit and similar works in connection therewith as may be found to be necessary for carrying out the plans delineated; and in the event of any dispute as to the necessity of such works, the question shall be determined, in the option of the proprietor, by James Smith, Esquire, of Deanston, or by any engineer appointed by the Sheriff of Lanarkshire; and provided also, that nothing herein contained shall prevent the proprietor of the estate of Nether Pollok, or his tenants on the said estate, from using the water of the said Brockburn below the Waulkmillglen reservoir, together with the water at present collected and conveyed to Patterton farm, for all domestic or farming purposes, or for manufacturing purposes, not inconsistent with the prohibition herein contained against polluting the said water, or from running such sinks, sewers, or drains into the same as may be necessary, doing as little injury to the water as possibly may be in the exercise of such rights; and that if any portion of the estate of Nether Pollok occupied by the mains or pipes or the Company shall become useful for any purpose of improvement, then the mains or pipes of the Company shall be shifted to any reasonable extent, at the desire and expense of the proprietor of that estate, and at the sight and to the satisfaction of the said James Smith of Deanston, or any engineer to be appointed by the said Sheriff; provided always, that such change shall not injure the works of the Company.

Restrictions

(2.) THE GORBALS GRAVITATION WATER COMPANY ACT, 1850. (13 AND 14 VICT., c. 92.)

XIII. And be it enacted, That the Company shall not erect any as to lands to dwelling-house, manufactory, or other house on the lands to be acquired be acquired from the proprietor of the estate of Upper Pollok, from proprie excepting a house for a manager or lock-keeper, which, if necestor of Upper Pollok. sary for the purposes of the Company, they shall have liberty to erect on the north side of the said intended reservoir; and in the event of the lands to be acquired by the Company from the proprietor of the said estate of Upper Pollok ceasing to be required for the purposes aforesaid, the Company shall not have power to sell such lands or any part thereof without having twelve months previously offered to sell the same to the proprietor of the said estate of Upper Pollok for the time being; and if the proprietor of the said estate shall agree within that period to purchase sich

lands, the amount of the price thereof, if the parties themselves shall not agree as to the same, shall be ascertained in terms of the "Lands Clauses Consolidation (Scotland) Act, 1845."

Pollok re

XIV. And be it enacted, That the whole rights, privileges, pro- Certain rights visions, and obligations contained in "The Gorbals Gravitation of proprieter Water Company Act, 1846," in favour of the proprietor of the of Upper estate of Upper Pollok for the time being, and the family and served. visitors and friends of such proprietor, and of the occupiers for the time being of the mansion house of the said estate, and also of the tenants and feuars of the said estate of Upper Pollok for the time being, shall be extended to the reservoir and works to be constructed on the said estate authorized by this Act so far as applicable to the said reservoir and works.

1 Sce sections 38 to 42 of this Act, pp. 200, 201 and 202.

PART IV.

EXTRACT REGISTERED CONTRACT between The Gorbals Gravitation Water Company and The Corporation of Renfrew; dated 15th October, 1852, and registered in the Books of Council and Session at Edinburgh, 29th December, 1853.

By Sect. 80 of "The Glasgow Corporation Waterworks Act, 1855," it is enacted that this Agreement shall be binding on and enforceable against the Commissioners.

AT Edinburgh, the Twenty-ninth day of December, One thousand eight hundred and fifty-three years: In presence of the Lords of Council and Session, compeared George Monro and Thomas Mackenzie, Esquires, advocates, as procurators for the parties after named and designed, and gave in the contract under written, desiring the same might be registered in their lordships' books, conform to law, which desire the said Lords found reasonable, and ordained the same to be done accordingly, whereof the tenor follows, viz.:-It is contracted, agreed, and ended between The Gorbals Gravitation Water Company, incorporated by "The Gorbals Gravitation Water Company Act, 1846," on the first part, and The Magistrates and Town Council of the Royal Burgh of Renfrew, on the second part, as follows: Whereas it has been represented by the said second party to the said first party that the Burgh of Renfrew is at present very inadequately supplied with pure wholesome water for the use of the inhabitants thereof, and that it would be greatly for the benefit of the inhabitants and the prosperity of the burgh, particularly with reference to the feuing grounds belonging to the Corporation, if the said Water Company would extend their works and pipes so as to introduce a supply of water into the burgh in connection with the works of the Company; and whereas the said first party having entertained the proposal so to extend the supply, conferences were held with the Directors of the said Company and deputations from the said Town Council, with the view of arranging and fixing terms, the result of all which has been that the parties have agreed to the conditions after specified: Therefore the said parties have agreed, and do hereby agree, to the following articles and conditions, viz. :-First, That the said Company shall take the necessary measures for introducing into Parliament, at the earliest period, a Bill for an Act to supply the said Royal Burgh of Renfrew and inhabitants thereof with water at the rates, and on the terms contained in "The Gorbals Gravitation Water Company Act, 1846," and in "The Gorbals Gravitation Water Company Act, 1850" (with liberty to the Company to introduce into the

Bill, if they think proper, power to supply other places than Renfrew, not comprehended in the said Acts, or for any other purpose connected with their Company), and to prosecute the Bill and to obtain the Act, if possible, with all due diligence: And on the Act being obtained, that the Company shall lay pipes along the turnpike road leading from Glasgow to Renfrew, and introduce a supply of water thereby into the said burgh for the said purposes, with all convenient expedition. Second, That the said Magistrates and Town Council shall not only petition Parliament in favour of the said Bill, but also bear the charges of two or three witnesses going to London to give evidence to prove the preamble of the Bill, in so far as the same shall apply to the expediency or necessity of supplying the said burgh with water, and the Council shall also obtain the consent of the Trustees of the said turnpike road to Renfrew, to the Company using that road for the purpose of laying and maintaining the said pipes. Third, That the said Magistrates and Town Council shall contribute to the Company towards the expense of applying for and obtaining the said Act, and of the expense of the pipes to be laid by the Company for affording said supply, the sum of One thousand seven hundred and fifty pounds sterling, and shall pay that sum to the Company by the following instalments, viz., Five hundred pounds on the first day of January, Eighteen hundred and fifty-three; Five hundred pounds on the Royal Assent being obtained to the Act; and the balance, being Seven hundred and fifty pounds, on the water being introduced by the Company into the burgh; but in the event of the Bill, in so far as the same shall apply to the supplying of the said burgh with water, being opposed in Parliament, the Council shall pay to the Company Two hundred and fifty pounds farther in equal proportions, at the said two last mentioned periods at which the other sums above specified are payable; and in the event of the said Company failing to obtain an Act for the purposes foresaid, they shall repay to the said Magistrates and Town Council the foresaid first instalment of Five hundred pounds to be advanced by them on first January, Eighteen hundred and fifty-three as aforesaid. Fourth, That the Company shall allow the Magistrates and Council to flush water into the common sewers of the burgh when necessary, for cleansing the same, but that only at the sight and under the control of the manager or engineer of the Company, but not at any time when it may happen that in the opinion of the manager or engineer it would be inexpedient to use the water for that purpose, as endangering the supply of water for the other purposes of the Act; and the said parties hereby enact and bind and oblige themselves and their successors in office, the one to the other, to implement, fulfil, and perform the said conditions and obligations to each other in all particulars, under the penalty of One hundred pounds sterling attour performance; and the parties consent to the registration hereof in the books of Council and Session, or others competent, therein to remain for preservation, and that letters of horning, or other legal diligence, on six days' charge, may pass on a decree to be interponed hereto in common

form, and thereto constitute the said George Monro and Thomas Mackenzie, Esquires, advocates, procurators. In witness whereof these presents written on stamped paper by James Graham Girvan, clerk to Andrew Gemmell, writer in Glasgow, are subscribed (under this declaration that ten words are deleted on the twenty-sixth line from the top hereof) as follows, viz. :-By John Bain, John Mitchell, George Binnie, William Russell, Matthew Andrew Muir, and Alexander Harvey, six and more than a quorum of the Directors of the said Company; and by the said Company, by the common seal of the Company being affixed hereto by the said Andrew Gemmill, as Secretary of the Company, who also subscribed these presents, all at a meeting of the Directors of the said Company, at Glasgow the Fifteenth day of October, Eighteen hundred and fifty-two years, before these witnesses, George Hodges, manager to the said Company, and Alexander Henderson, clerk to the said Andrew Gemmill; and by George Boyd, Provost of the said Royal Burgh, and James Houston and Matthew Robin, Bailies of the said Royal Burgh, and Robert Lang, John Stewart, John M'Intyre, John Blackburn Hislop, William Bell, John Waterston, William Barr, Bernard Russell, Robert Brown, James Robertson, Archibald Adam, James Muir, George Hunter, and Walter Barr, all Councillors of the said Royal Burgh, and more than a quorum thereof, for and on behalf of the said Magistrates and Town Council of the Royal Burgh of Renfrew and Corporation thereof, and all in Council meeting assembled, at Renfrew, the said Fifteenth day of October, Eighteen (sic) and fifty-two years, before these witnesses, George Hutcheson, Town Clerk of Renfrew, and John Thomson, Town Officer, Renfrew-(signed) Geo. Boyd, Jas. Houston, Mathew Robin, Robt. Lang, John Stewart, John M'Intyre, J. B. Hislop, William Bell, John Waterston, Wm. Barr, Bernard Russell, Robert Brown, Jas. Robertson, Archd. Adam, James Muir, George Hunter, Walter Barr, John Bain, John Mitchell, George Binnie, Wm. Russell, Matthew A. Muir, Alex. Harvey, Andw. Gemmill, Secy. (L.S.); George Hodges, witness; Alexr. Henderson, witness; Geo. Hutcheson, witness; John Thomson, witness. Extracted from the Records in Her Majesty's General Register House, upon this and the nine preceding pages of stamped paper, by me, Curator of the Historical Department, thereof having commission for that effect from the Lord Clerk Register.