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Gravitation Water Company would have been liable and
subject to prior to the passing of this Act; and the said
Agreement is hereby ratified and confirmed: Provided always,
that it shall not be lawful for the Commissioners to supply
the said Burgh or the inhabitants thereof with any water
from the River Clyde or any existing source of supply of the
said Company of Proprietors of the Glasgow Waterworks.

The Agreement referred to in this section, and the clauses of the
Gorbals Gravitation Water Company's Acts containing the
terms, conditions, and provisions relating to the supply of the
Burgh of Renfrew, will be found at pp. 204 and 207 of the
Appendix. See also proviso to section 86 of this Act.

Reservoirs

LXXXI. In order to provide against Accidents to life or For Proproperty by the bursting of any Reservoir made or to be tection of made under the provisions of the recited Acts or this Act, against whenever it shall be represented to the Sheriff Substitute of Accidents. the county or division of a county in which such Reservoir is situate, by the owners or occupiers of any dwelling-house, mill, factory, or other works situate below such Reservoir, and so as to be in danger of being destroyed or injured by the water of such Reservoir in case it should escape therefrom, that such Reservoir is in a dangerous state, such Sheriff Substitute shall forthwith make inquiry into the truth of such representation, and if he shall be satisfied that such Reservoir is in a dangerous state he shall order and require the Commissioners, within a time to be specified, to put such Reservoir into a proper state of repair, or construct such works as may be necessary to remove the danger; and in case the Commissioners shall not within the time so limited, and to the satisfaction of such Sheriff Substitute, have repaired such Reservoir or constructed such works, or in case upon receiving such representation as aforesaid such Sheriff Substitute shall consider the danger to be so imminent as not to admit of delay, he may, if he shall think fit, order and direct the officer in charge of such Reservoir, or any other person or persons whom he may think proper, to enter upon the premises of the Commissioners, and to open the sluices of such Reservoir, or otherwise to let off so much of the water from such Reservoir and to such a level as may be necessary to remove the danger, and to keep the water in such Reservoir at the reduced level until such Reservoir shall have been repaired or such works as aforesaid shall have been constructed to the satisfaction of such Sheriff Substitute, signified by him in a writing superseding such order, or until such order shall be superseded upon appeal as herein-after mentioned; and no person acting under and in pursuance of such order shall be deemed a trespasser; and any person who shall obstruct or prevent such person in the discharge of such order, or shall wilfully

Limits of Act.

do any Act in contravention of such order, shall for every such offence be liable to a penalty not exceeding Fifty Pounds: Provided always, that, except when the urgency of the case will not admit of the delay, such Sheriff Substitute, before making an order to repair any such Reservoir or to construct any works as aforesaid, or to lower the water in any such Reservoir, shall cause notice to be given to the Treasurer, and shall hear and consider any evidence that may be tendered on behalf of the Commissioners against the making of such order: Provided also, that if the Commissioners shall consider themselves aggrieved by any such order given or pronounced by such Sheriff Substitute, they may appeal against the same to the Sheriff of the said County, who shall hear and determine such appeal, and may either confirm or supersede the order of such Sheriff Substitute as he may think proper, but until such order shall be superseded it shall continue in full force, and the order or judgment of such Sheriff shall be final, and not subject to review on any ground whatever, and all the costs, charges, and expenses of applying for, obtaining, and enforcing such order shall be borne by the Commissioners, unless the Sheriff Substitute making the order shall direct such costs, charges, and expenses, or a proportionate part thereof, to be borne by the parties applying for such order, which he is hereby authorized to do; and the costs of any such appeal as aforesaid shall be in the discretion of such Sheriff: Provided further, that the Commissioners shall not be liable to pay any damages, penalties, costs, charges, or expenses for or in respect of or be answerable or accountable to any persons for any diminution or cessation of the supply of water, or any other breach or non-performance of their or any of their duties, liabilities, or obligations under this Act which may be occasioned in or by or result from the execution of any such order as aforesaid, anything in this Act to the contrary notwithstanding.

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.

LXXXII. The Limits of this Act1 shall comprise and include the city of Glasgow and suburbs thereof, and districts and places adjacent, including the royal burghs of Rutherglen and Renfrew, the burghs, towns, or villages of Partick, Pollokshaws, Govan, Barrhead, Nitshill, and Hurlet, and places intermediate and adjacent; and the Limits above described shall be termed "the Limits of this Act."2

1See report by Councillor Jas. Brown, the Engineer, and Town Clerk, relative to the limits of this Act, &c., Appendix, p. 222.

2 The following Agreements have been entered into with the view of circumscribing the boundaries within which the Commissioners are to supply water. These Agreements, however, have not yet been confirmed by Parliament, and are therefore only obligatory inter se :—

(a) Agreement between the Commissioners and the Paisley Water
Commissioners, dated 9th and 19th July, 1877;

(b) Agreement between the Commissioners and the Airdrie and Coat-
bridge Water Company, dated 13th and 26th April, 1880; and
(c) Agreement between the Commissioners and the Busby Water
Company, dated 25th and 30th August, 1880.

LXXXIII. The Limits of this Act for the compulsory Limits of Act Supply of water by the Commissioners shall comprise and for compulinclude the ancient royalty of the city and royal burgh of sory Supply. Glasgow, and the parliamentary and municipal limits and boundaries of the said city and royal burgh as the same are defined and described in an Act passed in the Second and Third year of his late Majesty King William the Fourth, intituled an Act to Amend the Representation of the People in Scotland, or as may from time to time be defined and described in any amendment of the said Act; and the limits last above described shall be termed "the Limits for compulsory Supply."

Since the passing of the Act of 1855, the limits of compulsory supply
have been extended by the Glasgow Municipal Acts of 1872 and
1878. See Appendix pp.192 and 197.

Domestic Use

LXXXIV. The Commissioners shall cause pipes to be laid Supply of and Water to be brought throughout all the streets within Water for the limits for compulsory supply,' and shall, at the request within the of the owner or occupier of any house or part of a house Limits for occupied as a separate dwelling, situate within the said compulsory Supply. limits, furnish to such person within such dwelling house, by means of communication pipes and other necessary and proper apparatus to be provided, laid down, and maintained at the cost of such person, a sufficient supply of Water for Domestic purposes, including a supply for any private watercloset or closets and fixed bath or baths in such dwelling house.

1See section 13 of "The Glasgow Corporation Waterworks Amend-
ment Act, 1865," p. (65), regulating supply of water at High Levels.
For definition of "Domestic purposes see section 12 of "The
Waterworks Clauses Act, 1863," Appendix, p. 173.

LXXXV. Every Cistern or other receptacle for water, Cisterns to be and every closet, soil pan, and private bath, which shall be constructed to prevent supplied with water by the Commissioners shall be so con- Waste and structed and used as effectually to prevent the waste, misuse, Impurity. or undue consumption of water, and the flow or return of foul air or other noisome or impure matter into the mains or pipes of the Commissioners, or into any pipes connected or communicating therewith; and notwithstanding anything in "The Waterworks Clauses Act, 1847," or in this Act contained, the Commissioners shall not be bound to supply water into any cistern or other receptacle for water closet, soil pan, or private bath which shall not be so constructed and used.

See also section 17 of the Amendment Act, 1859, and note (2)
thereon, p. 52.

Supply of
Water for
Domestic
Purposes
beyond the
Limits for
compulsory
Supply.

Commission

LXXXVI. The Commissioners shall cause pipes to be laid down and water to be brought to every part of the places and districts within the limits of this Act,' beyond the limits for compulsory supply, whenever they shall be required by so many owners or occupiers of houses or parts of houses occupied as separate dwellings in such part of the district beyond the limits for compulsory supply as that the aggregate amount of Water rate payable by them annually, at such rates as may be fixed by the Commissioners as hereinafter provided, shall not be less than one-tenth part of the expense of providing and laying down such pipes; Provided always, that no such requisition shall be binding on the Commissioners unless such owners or occupiers shall severally execute an agreement, binding themselves to take such Supply of Water for three successive years at least; 2 Provided also, that the Commissioners shall be bound, at the request of the owner or occupier of any house or part of a house occupied as a separate dwelling in any street in the royal burgh of Renfrew within ten yards of which any pipe of the Commissioners shall be laid, and without any such agreement, to furnish to such owner or occupier a constant and sufficient supply of Water for the domestic use of every such occupier, at a rate not exceeding Five Pounds per centum per annum of the yearly rent or yearly value of such house or part of a house as aforesaid.

1 See section 13 of "The Glasgow Corporation Waterworks Amendment Act, 1865,” p. (65), regulating the supply of water at High Levels.

2 See also sections 35, 36, and 44 of "The Waterworks Clauses Act, 1847." Appendix, pp. 160 and 162.

LXXXVII. The Commissioners may furnish to any ply Water for Person within the limits of this Act a supply of Water for

ers may sup

other than Domestic Purposes.

Steam Engines or Railway purposes, or for Shipping, or for warming or ventilating any dwelling-house or other premises, or for working any machine or apparatus, or for cattle, or for horses, or washing carriages, when such horses or carriages are kept for hire or are the property of a dealer, or for gardens, fountains, or ornamental purposes, or for flushing sewers or drains, or for any trade, manufacture, or business, whether carried on in any dwelling house or in other premises, or for any other purpose not domestic, such respective supplies being so furnished at such rates and upon such terms and conditions as shall be agreed upon between the Commissioners and the person desiring the same: Provided always, that as far as possible the rate for such supply of Water shall be uniform to all persons in the same circumstances and requiring the same extent of supply.

1 This section has been repealed and re-enacted by section 22 of "The
Glasgow Corporation Waterworks Amendment Act, 1879."
See p. 115.

2 As to supplies for cleansing sewers, etc., and for extinguishing fires,
see sections 37 and 42 of "The Waterworks Clauses Act,
1847." Appendix, p. 161.

LXXXVIII. The Commissioners shall and they are hereby Public Founrequired, so soon as the supply of water from Loch Katrine tains or Stand Pipes to be is introduced into the said city, to put up and maintain, in put up. convenient situations within the limits for compulsory supply, not less than thirty-two public Fountains or Stand Pipes from which the poorer classes of the inhabitants shall be permitted to draw water for their domestic purposes (but for such purposes only); and such Fountains or Stand Pipes shall at all times be kept properly charged with water: Provided always, that such supply shall not exempt any party from the payment of the compulsory rates authorized by this Act.

estimate

LXXXIX. The Commissioners shall and they are hereby Commis authorized and required once in every year to estimate and sioners to fix the amount of money necessary to be levied for the annual Sums purpose of defraying the cost, charges, and expenses of sup- required. plying the said city, suburbs thereof, and places adjacent within the limits of this Act, with water for and during the year then current, under which shall be comprehended the payment of the Annuities to the Shareholders of the Company of Proprietors of the Glasgow Waterworks and of the Gorbals Gravitation Water Company respectively, and the interest of any money to be borrowed under the provisions of this Act, as well as any sum of money which shall be set apart and applied each year as and for a sinking fund as herein-after provided, together with the expense of providing and preserving springs and otherwise obtaining and providing and distributing supplies of water within the limits of this Act, and such portions of the salaries, wages, and other expenses of any engineers, surveyors, clerks, collectors, or other officers or servants employed by them as the Commissioners shall think equitable and fair to charge to such account, and all other charges and expenses chargeable against Revenue.

In The Glasgow Water Commissioners v. Miller, etc., (Dec. 16, 1857,
20 D. 290), it was held on appeal that the Commissioners,
although statutory trustees, were liable to pay poor rates in
respect of the lands and heritages vested in them.

to be levied.

XC. And in order to raise a sum of money sufficient for Domestic the purposes aforesaid, it shall be lawful for the Commission- Water Rate ers and they are hereby authorized and required once in every year to assess and levy a Rate, to be called "The Domestic Water Rate," upon and from the occupiers of all

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