Provisional Order Confirmation (Leith). A BILL ΤΟ 66 Confirm a Provisional Order under The General Police and A.D. 1877. Improvement (Scotland) Act, 1862," relating to the Burgh of Leith. HEREAS the Secretary of State for the Home Department, being one of Her Majesty's Principal Secretaries of State, has under the provisions of "The General Police and Improvement (Scotland) Act, 1862," duly made the Provisional Order which is 5 contained in the schedule to this Act annexed, and it is provided. by the said Act that no such Order shall be of any validity unless the same has been confirmed by Act of Parliament, and it is expedient that the said Order should be so confirmed: Be it enacted by the Queen's most Excellent Majesty, by and 10 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: 1. The Provisional Order contained in the schedule to this Act Confirmation annexed shall be and is hereby confirmed, and all the provisions sional Order. of Provi15 thereof shall, from and after the passing of this Act, be as valid and have the like force and effect as if the same were specially enacted in this Act. 2. This Act may be cited as "The General Police and Im- Short title. provement (Scotland) Act, 1862, Order Confirmation (Leith) Act, 20 1877." A.D. 1877. Provisional Order Confirmation (Leith). SCHEDULE. LEITH. The General Police and Improvement (Scotland) Act, 1862. WHEREAS by the General Police and Improvement (Scotland) Act, 1862, 5 it is, inter alia, enacted (Section 79) that "whenever it appears desirable to the magistrates and council or commissioners of police of any royal or parliamentary burgh, or to the commissioners for executing this Act in any burgh or populous place, that provision should be made in order the better "to apply and execute therein the provisions of this Act, in whole or part, 10 "or for the future application and execution of any Acts in force therein "having relation to the purposes of this Act, or to the roads or streets within "such burgh or populous place, or to any other matter or thing connected "with the management and administration of the municipal or police affairs "of such burgh or populous place, or that any such Acts, or any exemptions 15 "from rating therefrom derived, or that any Provisional Order or Order in "Council applying this Act, hereby authorised to be made, should be wholly " or partially repealed or altered; or whenever it appears desirable to the magistrates and council of any royal or parliamentary burgh where there "is a board of commissioners of police separate from such magistrates and 20 "council to unite the municipal and police government and jurisdiction of any such royal or parliamentary burgh in the magistrates and council "thereof, to transfer to them all the powers and jurisdictions of police, paving, lighting, watching, and others, granted to the commissioners of police by 66 any Local Acts, and to extend such jurisdictions over the whole limits of such 25 burgh, the magistrates and council, or the commissioners of any burgh, may present a petition to one of Her Majesty's Principal Secretaries "of State, praying for such provision, repeal, and alteration as aforesaid, or "for any of such things, and such petition shall be supported by such evidence as the said Secretary requires:" 30 And whereas there is, in the Burgh of Leith, a board of commissioners of police (herein-after called the commissioners) separate from the magistrates and council of the said burgh, which commissioners are appointed and act under the following Acts, wholly or partially in force therein, viz. :—(1.) The Act 11 and 12 Victoria, cap. 123, intituled "An Act to provide for the Municipal 35 "and Police Government of the Burgh of Leith, and for other purposes relating thereto," and the short title of which Act is "The Leith Municipal and "Police Act, 1848"; (2.) "The General Police and Improvement (Scotland) Provisional Order Confirmation (Leith). Act, 1862"; (3.) The Act 26 and 27 Victoria, cap. 60, intituled "An Act to A.D. 1877. "confirm a certain Provisional Order under the General Police and Improve"ment (Scotland) Act, 1862, relating to the Burgh of Leith," and the short title of which Act is "The General Police and Improvement (Scotland) Sup5 "plemental Act, 1862," which Act, inter alia, altered and repealed several parts of "The Leith Municipal and Police Act, 1848"; and (4.) "The General "Police and Improvement (Scotland) Act, 1862, Amendment Act," hereinafter referred to as the recited Acts: And whereas a petition under the provisions of "The General Police and 10" Improvement (Scotland) Act, 1862," has been addressed to me, as one of Her Majesty's Principal Secretaries of State, by the provost, magistrates, and council of the said burgh of Leith, under their corporate seal, praying that, after the inquiry directed by the statute, a Provisional Order may be issued uniting the municipal and police government and jurisdiction of the 15 said burgh in the magistrates and council thereof, and transferring to them. the several powers and jurisdictions of police and others granted to the said commissioners by the recited Acts: And whereas the foresaid petition further prays that provision should be made in order the better to apply and execute therein the provisions of the 20 recited Acts, so far as in force, and for the repeal of part of "The Leith "Municipal and Police Act, 1848": And whereas due inquiry has been directed and held in respect of the matters mentioned in the said petition : Now, therefore, in pursuance of the powers vested in me by the said 25 General Police and Improvement (Scotland) Act, 1862, I, as one of Her Majesty's Principal Secretaries of State, do, by this Provisional Order under my hand and seal of office direct that, as regards the burgh of Leith, from and after any Act of Parliament confirming this Order, 1. The following words shall have the meanings hereby ascribed to 30 them: 35 40 The words "General Police Act" in this Order mean the General Police دو The words "burgh surveyor or surveyor," in the General Police Act 2. The municipal and police government and jurisdiction of the burgh of Leith shall be united in the magistrates and council thereof. 3. The part of the Leith Municipal and Police Act, 1848, set forth in the 45 Schedule hereunto annexed shall be repealed; and as regards the other parts of the said Act and the General Police and Improvement (Scotland) Act, Provisional Order Confirmation (Leith). A.D. 1877. 1862, and the General Police and Improvement (Scotland) Supplemental Act, 1862, and the General Police and Improvement (Scotland) Act, 1862, Amendment Act, in so far as not hereby amended, the whole powers, authority, and jurisdictions of police and others granted to and vested in the commissioners by the said Acts, and by any Acts incorporated therewith, or by any other 5 Act of Parliament, shall be and the same are hereby transferred to and vested in the magistrates and council of the said burgh of Leith, who shall thenceforward, as part of the ordinary business of the magistrates and council, exercise the whole powers, authority, and jurisdiction aforesaid, and perform the whole duties and obligations and fulfil all contracts incumbent on the 10 said commissioners. And in construing the recited Acts or any Act or the Schedule to any Act in which the commissioners are referred to, the expression "the commissioners," or other similar expression, shall (except when the context is repugnant thereto) be read as if the expression "the magistrates and council" had been inserted instead thereof; and when the word 15 "undertaker" in any Act incorporated with the said Acts is held by the said Acts to mean or include the commissioners, the said word shall instead mean or include the magistrates and Council; and the word "promoters " or "commissioners" in any such incorporated Act shall also mean or include the said magistrates and council. 20 4. The whole lands and heritages, assessments, claims, demands, rights, properties, and effects of every kind, heritable and moveable, belonging to or vested in the commissioners, or in any person on their behalf, under and in virtue of the recited Acts (but subject to any liabilities to which the same are legally liable), shall become vested in and shall belong to the magistrates 25 and council for the purposes of the said Acts, as fully and effectually to all intents and purposes, as if the same had been formally and particularly conveyed to and vested in them, with full power, right, and authority to the magistrates and council to levy, adjudge, sue for, and recover the same. 5. All mortgages, bonds, assignations, leases, grants, conveyances, or other 30 deeds or securities, made or granted to or by the commissioners or to which they have acquired right, and all claims for annual or other payments for which they are liable, and all contracts and agreements entered into with them, and all judgments or decreets arbitral pronounced in any suit or arbitration to which they were a party, shall be good, valid, and effectual to 35 all intents and purposes, and may be enforced by or against the magistrates and council to the same extent and effect as they might have been enforced by or against the commissioners. 6. All rates and assessments, fines, penalties, and expenses imposed under or by virtue or in pursuance of the recited Acts, and remaining unpaid, may 40 be levied and recovered by the magistrates and council, or the officers appointed by them, in the same way and by the same means as they would have been recoverable by the commissioners or the officers appointed by them if this Order and the Act confirming the same had not been passed, and when so levied and recovered shall be applied by the magistrates and council to and 45 for the purposes of the recited Acts. Provisional Order Confirmation (Leith). 7. All actions, suits, and proceedings, and all arbitrations to which the A.D. 1877. commissioners, or the officers appointed or acting under the recited Acts, were parties when the Act confirming this Order is passed, may be proceeded with by or against the magistrates and council, or the officers 5 appointed by or acting under the magistrates and council under the recited Acts, without the necessity of intimating such action, suit, proceeding, or arbitration, or making them respectively formally parties thereto. 8. The former books and other registers, accounts, and other documents 10 and vouchers of the commissioners, and the minutes of proceedings of the commissioners, and their committees and sub-committees, shall be deemed the books, registers, accounts, documents, vouchers, and minutes of the magistrates and council and their committees, and shall receive effect in the same way and to the same extent as they would have done in any question 15 or proceeding to which the commissioners might have been parties if the Act confirming this Order had not been passed. 9. The several accounts of the pecuniary transactions of the magistrates and council, as in place of the commissioners, shall be kept distinct from those of the affairs of the burgh and of the other trusts under the adminis20 tration of the magistrates and council, and shall be closed, balanced, audited, reported on, inspected, and annually published in the way and manner prescribed by the Acts at present regulating the same. 10. All minutes and entries in the council records, or other minute books of the magistrates and council, or of any committees appointed by them, 25 shall come in place of the records of the proceedings of the commissioners, and their committees, directed by the said Acts to be kept, and any copy or extract therefrom authenticated by the signature of the town clerk, shall be received as evidence in all courts whatsoever, in any case or matter concerning the said Acts, or this Order, or the Act of Parliament confirming this 30 Order. 11. The magistrates and council may, from time to time, cause the houses and other buildings in the burgh to be marked by the surveyor or other person with such numbers as they think fit, and in case such numbers become obliterated or are defaced may renew the same, or mark such houses and 35 buildings with such other numbers as they consider proper, and may charge the expenses thereby incurred against the police assessment; or the magistrates and council may cause such numbers to be marked or renewed as the case may require. 12. Whereas by clause 168 of the General Police Act it is provided that 40 the owner of every house or building in, adjoining, or near to any street, public or private, shall put up and keep in good condition a shoot or trough of the whole length of such house or building to carry off the rain water from the same, and it is necessary for public comfort and convenience that such shoots should be made both at the front and back of such houses 45 or buildings, as also at the sides thereof, the said clause shall be and is |