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VI.

AN

ACT

To extend the time for the construction of Works authorised by "The Glasgow Corporation Waterworks Amendment Act, 1866," and to abandon part of the Works; and for other purposes.

36 VICTORIE, CAP. 36.

[Royal Assent, 26th May, 1873.]

WHEREAS by "The Glasgow Corporation Waterworks

Act, 1855," the Magistrates and Council of the City of Glasgow were appointed Commissioners for carrying into effect the purposes of the said Act, and were authorised to purchase and acquire the Glasgow Waterworks and the Gorbals Gravitation Waterworks, and to introduce an additional supply of water from Loch Katrite, and to supply with water the said city and suburbs thereof, and districts and places adjacent:

And whereas the Commissioners purchased and acquired the undertakings of the Glasgow Waterworks Company and the Gorbals Gravitation Water Company; and the whole waterworks, property, rights, and privileges of the said Companies were transferred to and vested in the Commissioners:

And whereas further powers were granted to the Commissioners by "The Glasgow Corporation Waterworks Amendment Act, 1859," "The Glasgow Corporation Waterworks Amendment Act, 1860," "The Glasgow Corporation Waterworks Amendment Act, 1865," and "The Glasgow Corporation Waterworks Amendment Act, 1866:"

And whereas by "The Glasgow Corporation Waterworks Amendment Act, 1866," (herein-after termed "the Act of 1866,") the Commissioners were authorised to construct the reservoirs, pumping station, and conduits or main pipes therein described, for the purpose of supplying water for trading or manufacturing purposes to the owners and occupiers of manufactories and other works; but the said reservoirs, pumping station, and conduits or main pipes have not been constructed, and the time limited for the completion thereof

Short title.

of terms.

will expire on the sixth day of August one thousand eignt hundred and seventy-three:

And whereas it is expedient that the time limited by the Act of 1866 for the construction of the works thereby authorised, with the exception of the portion of the said works which is to be abandoned as herein-after provided, should be extended, and that further provision should be made for the prevention of waste and misuse of the water supplied by the Commissioners, and that the recited Acts should be amended:

And whereas these objects cannot be effected without the authority of Parliament:

MAY IT THEREFORE PLEASE YOUR MAJESTY

that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. This Act may be cited as "The Glasgow Corporation Waterworks Amendment Act, 1873."

Interpretation II. The several words and expressions interpreted in the first-recited Act, and the Acts incorporated therewith,' shall, when used in this Act, have the same meanings as are by the said Acts assigned to them respectively; the word "person" in the recited Acts and this Act includes " Company;" and the word "apparatus" in this Act means and includes pipe, cistern, bath, watercloset, ballcock, stopcock, valve, and other articles used in the supply or storing of water in houses or premises.

Time for completion of works ex

tended.

1 See sections 2, 3, 4 and 5 of the Act of 1855, pp. 3 and 4.

III. The time limited by the Act of 1866 for the completion of the works thereby authorized, with the exception of the portion of conduit or main pipe to be abandoned as hereinafter provided, is hereby extended to four years from the passing of this Act' as regards the reservoir for Low Level District, pumping station therefor, and conduit first, fourth, and fifth described in the Act of 1866, and to five years from the passing of this Act as regards the remaining works described in the said Act; and the Commissioners are hereby required within the said period of four years to complete the said reservoir for Low Level District, pumping station therefor, and conduit first, fourth, and fifth described in the Act

of 1866, and by means thereof to furnish a supply of water
to the parties entitled thereto under the Act of 1866.

1 That is, till 26th May, 1877; but see provisions of the Amendment
Act, 1879, p. 105.

2 That is, till 26th May, 1878; but see provisions of the Amendment
Act, 1879, p. 105.

authorised works to be

IV. The Commissioners shall abandon the construction of Portion of the portion of the conduit or main pipe authorised by the Act of 1866 and seventh described in section thirteen thereof, abandoned. extending from the point where the said conduit or main pipe as authorised would have crossed the road commonly called Springfield Road, leading from the Dalmarnock Road to London Road past Springfield Print and Dye Works and Springbank to the termination of the said conduit or main pipe in the London Road near Newfield House in the city o Glasgow.

V. The abandonment by the Commissioners under the Compensation for damage to authority of this Act of any portion of any works shall not land by entry prejudice or affect the right of the owner or occupier of any for works land to receive compensation for any damage occasioned by abandoned. the entry of the Commissioners on such land for the purpose of surveying and taking levels, or probing or boring to ascertain the nature of the soil, or setting out the line of the work, and shall not prejudice or affect the right of the owner or occupier of any land which may have been temporarily occupied by the Commissioners to receive compensation for such temporary occupation, or for any loss, damage, or injury which may have been sustained by such owner or occupier by reason thereof, or of the exercise as regards such land of any of the powers contained in the Act of 1806.

VI. Where, before the passing of this Act, any contract may Compensation have been entered into or notice given by the Commissioners to be made in respect of por. for the purchase of any land for the purposes of or in relation tion of works to any portion of the work authorised to be abandoned by this abandoned. Act, the Commissioners shall be released from all liability to purchase or to complete the purchase of any such land; but notwithstanding, full compensation shall be made by the Commissioners to the owners and occupiers or other persons interested in such land for all injury or damage sustained by them respectively by reason of the purchase not being completed pursuant to the contract or notice; and the amount and application of the compensation shall be determined in manner provided by "The Lands Clauses Consolidation (Scotland) Act, 1845," as amended by any subsequent Act, for determining the amount and application of compensation paid for lands taken under the provisions thereof.

Transfer of

transfers.

VII. The provision in section sixteen of " The Glasgow Corparts of annui- poration Waterworks Amendment Act, 1865," that the Comties and registration of missioners shall not be bound to enter in the register of transfers kept by them any transfer of a part only of any annuity granted under the authority of the first-recited Act is hereby repealed; and any such annuity may be transferred or transmitted in such parts or amounts, excluding fractions of a penny, as the holder thereof may think fit; and the transfers and transmissions of such parts or amounts of any such annuity shall be entered in the register of transfers of Glasgow Corporation Waterworks Annuities, in pursuance of the provisions of the recited Acts and this Act.

Supply of

water by

measure.

Supply of

VIII. The Commissioners may supply water for other than domestic purposes by measure; and may also, if they think fit, enter into agreements for the supply of water to any corporation, local authority, or water supply district within the limits of the first-recited Act either for domestic or other purposes, and by measure or otherwise; 2 but nothing shall be done under this section which shall interfere with a proper supply of water for domestic purposes within the limits of the first-recited Act for the compulsory supply of water, nor shall anything herein contained be held to repeal or affect section thirteen of "The Glasgow Corporation Waterworks Amendment Act, 1865.'

1 See also sections 14 and 15 of the "Waterworks Clauses Act, 1863" (Appendix, p. 174), for power of Commissioners to let meters for hire, &c.

2 Prior to the passing of this Act the Commissioners had entered into
contracts with the Burgh of Rutherglen and various other local
authorities for the supply of water within their districts upon
certain terms and conditions. The opinion of Counsel (Mr. J. H.
Lloyd) having, in 1870, been taken in regard to the validity of
these contracts, they were held to be ultra vires of the Com-
missioners, and intimation to this effect was thereupon made to
the several parties interested. Express power was then taken
by this section to make such contracts; and since this power
was obtained the following agreements have been entered into :-
(a) Agreements with the Barony Parish Parochial Board as the
Local Authority for "The Hogganfield Water Supply
District" and "The Springburn Water Supply District,"
dated respectively 9th and 12th July, 1877; and

(b) Agreement with the Cadder Parish Parochial Board as the
Local Authority for "The Bishopbriggs and Auchinairn
Water Supply District," dated 28th March and 11th
April, 1881.

IX. If the apparatus' in any house or premises be out of be repair or be so used or contrived as that the water supplied by the Commissioners is or is likely to be wasted, misused, unduly consumed, or contaminated, it shall be lawful for the

water may
cut off if appa-
ratus defec-

tive.

Commissioners (without prejudice to any other remedy in respect thereof) to cut off, shut off, or lock up such apparatus, or the communication or service pipe leading thereto, and to cease to give a supply of water to such house or premises so long as the defect or cause of damage remains or is not remedied." 1 For definition of word “Apparatus" see section 2 of this Act.

mains without

consent of

2 See also provisions of sections 55 and 56 of "The Waterworks Clauses Act, 1847" (Appendix, p. 165), and sections 16 and 17 of "The Waterworks Clauses Act, 1863" (Appendix, pp. 174 and 175). X. It shall not be lawful for the owner or occupier of any Pipes not to be house or premises supplied with water by the Commissioners, affixed to without their written consent, to affix or permit or suffer to be affixed any tube or hose to any of the mains or pipes of Commis the Commissioners, or to any service pipe or apparatus of sioners. such owner or occupier, for the purpose of washing horses, carriages or other vehicles, windows, and houses or buildings, or for watering gardens, or washing pavements or roads, or for any other purpose; and any person who contravenes this enactment shall be guilty of an offence, and shall for every such offence forfeit and pay to the Commissioners a penalty not exceeding five pounds.

See also section 19 of "The Waterworks Clauses Act, 1863,"
Appendix, p. 175.

XI. Section eighteen of " The Glasgow Corporation Waterworks Amendment Act, 1859," is hereby repealed.

Sect. 18 of Act

of 1859 repealed.

tus on failure

XII. If any apparatus shall be out of order, the owner or Commisoccupier of the house or premises in or to which such apparatus sioners may is placed or attached shall be bound to repair and make good repair appara the same; and if such owner or occupier fail to make the by owner or requisite repairs within twenty-four hours after notice in occupier. writing so to do, the Commissioners may by their engineer repair, renew, and make water-tight all such apparatus;1 and the Commissioners shall be entitled to recover from the owner or occupier so failing the cost of such repair or renewal, together with any penalty which may have been incurred for wilful waste of water, or for suffering such apparatus to be out of repair, by summary application to the magistrates or sheriff' in the same manner as is provided by the recited Acts, or any of them, with respect to the recovery of rates for supplies of water for purposes not domestic.2

1 See also provisions of section 56 of "The Waterworks Clauses
Act, 1847" (Appendix, p. 165), and sections 16 and 17 of "The
Waterworks Clauses Act, 1863," Appendix, pp. 174 and 175.

2 See section 16 of the Amendment Act, 1859, and notes thereon,
p. 51.

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