PART V. CLAUSES OF (1) the Gorbals Gravitation Water Company's Acts, See Sections 80 and 93 of "The Glasgow Corporation Waterworks (1.) THE GORBALS GRAVITATION WATER COMPANY ACT, 1846. water. XLVIII. And be it enacted, That it shall be lawful to and for Company to the said Company or Directors to fix and determine the rate fix the rates or rates at which they shall supply water as aforesaid to the said payable for inhabitants for domestic, manufacturing, or other purposes, and from time to time to alter, raise, or reduce the same, but so as the same shall never exceed five per centum on the valued rent of the premises in respect of which such rates are chargeable; provided always, that the said limitation of rates shall apply to private dwelling-houses, and to the use of water for family use only. recovery of LII. And whereas the rates which will be payable to the said Proceedings Company for supplying of water to the said inhabitants, for for the domestic, manufacturing, and other purposes, will in many rates. instances be small, and, if not regularly paid, the recovery thereof by actions at common law will be attended with great expense to those in arrear: Be it therefore enacted, That if any person or persons shall refuse or delay to pay the rates respectively due by them to the said Company for being supplied with water as aforesaid, for the space of fourteen days after the same shall have fallen due and been demanded from him, either personally or by leaving a written or printed requisition from the Collector, Treasurer, or Secretary of the said Company at the dwellinghouse or other premises for supplying which with water the rates shall be due, it shall be lawful for the said Company, or Collector, Treasurer, or Secretary, to apply to the Sheriff of Lanarkshire for a summary warrant to recover such rates or arrears of rates, and he is hereby authorized and directed, upon exhibition by the person making such application of a list of the names and designations of the persons so refusing or delaying to pay such rates, with a statement annexed to the names of the several defaulters, specifying the amount due by them respectively, and a certificate, signed by the said Collector, Treasurer, or Secretary that such rates are truly due by the said persons respectively, and that pay Rates at which the Company are to supply water. Where several houses supplied by one pipe, each to pay. ment thereof has been demanded in manner aforesaid, to grant warrant to any Sheriff's Officer having the authority of the Company or Directors, or the Collector, Treasurer, or Secretary of the Company, to enter into the premises of the persons in arrear respectively, wherever situate, and to poind, seize, and take possession of their goods and effects, or so much thereof as will fully satisfy the debt and expenses; and the goods and effects so poinded or seized shall be detained and kept on the ground or at the premises where the same were poinded or seized, or in such other place convenient thereto, of which the owners shall have notice, as the officer so poinding or seizing shall think proper, for the space of four days; and if within that period the said rates, together with the necessary expenses of such poinding or seizing, shall not be paid, it shall then be lawful for the Collector, Treasurer, or Secretary of the said Company, or any officer acting for the Company, forthwith to sell and dispose of the said goods and effects, or such part thereof as shall be necessary, by public roup, at some convenient public place, or as may be specially appointed by the judge, and to apply the proceeds in payment of the rates respectively owing, and the expenses of procedure, paying over the surplus, if any, to the owner; provided that the Sheriff Clerk shall be at liberty to charge from the person applying for such warrants, or the persons liable in such arrears of rates, one per centum on the sums due, and no more, for each such warrant ; and provided also, that it shall be optional to the Company to recover such rates, either in the manner provided by this Act, or according to the form of procedure observed in the Sheriff's Court of Scotland, as shall appear to the Company or officers thereof to be most expedient. LX. And be it enacted, That the Company shall, at the request of the owner or occupier, furnish to every occupier of a private dwelling-house or part of a dwelling-house in any street within ten yards of which any pipe of the Company shall be laid, a constant and sufficient supply of water for the domestic use of every such occupier, at a rate per centum per annum not exceeding five per centum of the yearly rent or yearly value of such dwellinghouse or part of a dwelling-house supplied with water by the Company Provided nevertheless, that the Company shall not be obliged to furnish such supply to any owner or occupier for any less sum than two shillings and sixpence in any one year, or for any shorter period than a year, unless they shall think fit so to do. Provided also, that a supply of water for domestic purposes shall not include a supply of water for baths, horses, or cattle, or for washing carriages, or for any trade or business what soever. LXII. And be it enacted, That when several houses or parts of houses in the occupation of several persons shall be supplied by one common pipe, the several owners or occupiers of such houses or parts of houses shall be liable to the payment of the same rates for the supply of water as they would have been liable to if each of such several houses or parts of houses had been separately supplied with water from the works of the Company by a distinct pipe. LXIII. And be it enacted, That the owner or occupier of any Parties redwelling-house or part of a dwelling-house liable to the payment moving to of any rate for water supplied under the provisions hereinbefore pay to next term day. contained, who shall remove from such dwelling-house or part of a dwelling-house, or shall give notice of his intention to discontinue the use of the water supplied by the Company, shall pay the water rate in respect of such dwelling-house or part of a dwelling-house becoming due up to the first day of June next following his quitting the same, or giving such notice. LXVII. And be it enacted, That if any person supplied with Recovery of water by the Company shall neglect to pay any water rate or rent rates. due by him at the time of payment thereof, it shall be lawful for the Company or their lessee to stop the water from flowing into the premises of such person, by cutting off the service pipe to such premises, or by such means as the Company or their lessee shall think fit, and to recover the rate or rent due by such person, together with the expenses of cutting off the water, and costs of recovering the same, by summary action in the Sheriff Court of Lanarkshire, either in the form hereby prescribed with reference to recovery of the water rates, or in the usual form of process. houses let LXXXII. And be it enacted, That the owners of all dwelling- Owners liable houses or parts of dwelling-houses occupied as separate possessions, to pay water and the occupiers of which receive a supply of water from the rates for Company, the annual rateable rent or value of which houses shall monthly. not exceed the sum of ten pounds, and which houses shall be let for periods not exceeding one month, shall, in the option of the Company, be liable and subject to the payment of all rates, rents, and other charges made by the Company; and the powers and provisions herein contained for the recovery of rates, rents, and other charges from occupiers shall be construed to extend and apply to the owners of such houses: Provided always, that in the event of the Company exacting such rates from the owners, the Company shall be bound to allow an abatement after the rate of five per centum on the amount of the rates so exigible, to cover risk and trouble in collecting the same from the occupiers. owners. LXXXIII. And in order to prevent any dispute touching the What permeaning of the word "owner" for the purpose of recovering any sons deemed rates, rents, or other charges under the provisions of this Act, be it enacted, That the persons receiving the rents of any houses or tenements supplied with water by the said Company from the occupier thereof, on his own account, or as agent or factor for any person interested therein, shall be deemed the owner of such houses or tenements. Paupers to be supplied gratis. LXXXIV. And be it enacted, That poor persons receiving parochial relief shall be entitled to draw water from the wells and fountains of the Company for their domestic use only, but without causing or permitting undue waste of water, without paying any rate or rent for the same; provided always, that they shall produce to the Collector or other officer of the Company, when required, a certificate under the hands of the parochial authorities, or any officer appointed by them for that purpose, that such Poor persons person stands on the list of paupers, and is actually in receipt of regular relief from the parish funds; but with power to the Directors, in cases where they may be otherwise satisfied of the poverty of the user of the water, to remit or modify the rates leviable under this Act. may be exempt. Same rates to be taken as in firstrecited Act. Limits of Power to erect fountains. (2.) THE GORBALS GRAVITATION WATER COMPANY ACT, 1853. (16 AND 17 VICT., c. 98.) XVII. That it shall be lawful for the Company to demand and receive, for and in respect of any water supplied under the provisions of this Act, the same rates as the Company are by the said first-recited Act1 authorised to demand and receive for and in respect of water supplied under the provisions of such Act, and the same parties shall be liable for such rates, and the Company shall have the same remedies in respect to the payment and recovery thereof, as are provided by that Act; and the provisions of such Act for the purposes aforesaid shall be applicable to the purposes of this Act. 1 See sections 48 and 60 of "The Gorbals Gravitation Water Coy. Act, 1846," pp. 207 and 208. XVIII. That the limits of this Act shall comprehend the said royal burgh of Renfrew and suburbs thereof, and places intermediate and adjacent, all situate in the parishes of Renfrew and Govan and counties of Renfrew and Lanark; but the provisions of this Act shall not confer power on the Company to extend their supply to any place or party within the parliamentary boundary of the burgh of Paisley. XIX. That it shall be lawful for the Company to erect wells or fountains on the streets or other convenient places where the Company may find it convenient to do so within the limits of this Act for supplying the inhabitants with water, and afterwards to remove the same when and as often as they see cause; and all persons, other than persons receiving parochial relief, who shall draw water from such wells or fountains for domestic or manufacturing purposes, or for the use of cattle, or for any other purpose requiring a regular supply of water, shall be liable to pay the water rates, according to the actual amount of the annual rent or value of their possessions, in the same way as is provided in the case of persons who draw water from pipes within their premises; and any person who shall improperly interfere with, break, or injure in any way such wells or fountains, or the apparatus therewith connected, or any other part of the works or property of the Company, or who shall flush or draw off the water of the Company so that it shall be unnecessarily wasted, shall be liable to pay the Company a penalty not exceeding five pounds for each offence, besides being liable for all the loss, damage, and expense which may be occasioned thereby, to be recovered, with costs of suit in a summary manner before any competent court. absence of XX. That, in the absence of a written agreement to the con- Parties liable trary, the occupier of any buildings or premises to or for the use in rates in of which a supply of water by the Company has been furnished or written taken, and all persons who shall, by themselves, their servants or agreement. members of their families, or otherwise, draw water from the wells or fountains of the Company, shall (except in cases where the Company may charge the owners of property in terms of the said "Gorbals Gravitation Water Company Act, 1846"),1 be deemed to be the persons with whom the Company have contracted, and who are liable in the payment of the charge for the same; and in the event of any dispute arising as to the liability of any person charged with rates, it shall be sufficient to prove by the oath of one credible witness that such person has been furnished with or has drawn water as aforesaid from the pipes or fountains of the Company, or the service or other pipes therewith connected. 1 That is, where houses are let for periods not exceeding one month, XXI. That it shall be lawful for the Company to supply any Water for person with water for other than domestic purposes at such rates other than and upon such terms and conditions as shall be agreed upon domestic between the Company and the person desirous of having such purposes to be supplied supply of water. by agreement. any XXIII. That whereas it is expedient that a better supply Supply of of water should be provided for sanitary purposes within the water for royal burgh of Renfrew: It shall be lawful for the Company to sanitary and contract with the Town Council of the said royal burgh, for public purposes. period not exceeding three years at one time, for a supply of water for sanitary purposes and for public bathing places and public wash-houses, under the charge of or belonging to the said Town Council, and that under such terms and conditions as may be mutually agreed upon: Provided always, that such supply shall not be inconsistent with the supplies required for the other purposes of this Act. XXIV. That if the Company and the said Town Council shall Price of such not agree as to the price to be paid by the said Town Council supply, how to the Company for such supply, then such price may be settled to be fixed. |