Provisional Order Confirmation (Leith). A.D. 1877. hereby amended as regards the burgh of Leith to the extent and effect that it shall be read as if it had provided that the owners of all premises shall put up and keep in good condition rhones or gutters thereon in positions to the satisfaction of the surveyor. 13. Whereas doubts exist as to the power of the commissioners to 5 provide means of ventilation for existing sewers or drains, and to assess for the expense incurred in so doing, and it is expedient that such doubts be removed: The magistrates and council are hereby authorised and required from time to time to provide efficient means of ventilation of the existing sewers or drains, or of such sewers or drains as are authorised to be con- 10 structed, and to enlarge, extend, alter, improve, repair, and ventilate such sewers or drains as they may from time to time consider necessary; and if for completing any works required in the execution of this provision it be found necessary to carry them upon, into, or through any inclosed or other private premises, the magistrates and council shall have and may exercise 15 the whole powers of every description, and be liable to the conditions and restrictions which are by the General Police Act provided with reference to the construction of sewers or drains; and all costs and expenses which may be incurred by the magistrates and council in carrying this provision into effect shall form a charge against the "General Sewer Rate," or against any 20 Special Sewer Rate" which in their opinion may be properly liable therefor: Provided that the magistrates and council may, if they think fit, resolve that the same shall be charged, and they are hereby empowered to charge the same, against the Police Assessment. 14. In all houses or buildings to be hereafter erected within the burgh 25 the water-closets shall be placed in such a position therein, and so constructed as to ventilate, by window, into the open air; and all persons failing so to ventilate such water-closets shall be liable in a penalty not exceeding forty shillings for every day during which the default is continued, besides being bound to alter the building so as to comply with this provision. 30 15. The occupiers of every house, flat, or storey entered by a common stair or passage shall cause their landing places and also the stair and passages immediately below, leading to the flat or storey possessed or occupied by them, and all areas connected therewith, to be swept, washed, 'and cleansed at least once a week; and if any flat or storey of the tenement be unoccupied, 35 the occupiers of the flat or storey above shall cause the landing places of, and the stairs and passages immediately below leading to, such empty flat or storey, to be swept and washed at least once a week downwards to the next house which shall be occupied, or to the street; and the passages from the bottom of the stair, the landing places and the steps to the street, shall 40 be swept and washed weekly by the occupiers of the house or flat nearest the said landing place or bottom of the stair; and all areas, common passages, and stairs leading to cellars or other premises situate on or below the level of the street flat, shall be cleansed weekly by the occupiers of the cellars or other premises in the same, or by parties having a right to use or who shall use 45 Provisional Order Confirmation (Leith). such areas, passages, or stairs; and every person offending herein shall for A.D. 1877. each offence be liable to a penalty not exceeding forty shillings; and if there be more than one occupier on the same flat or storey, each occupier shall sweep, wash, and cleanse such landing places, stairs, passages, and areas, 5 week about by turns: Provided that it shall be lawful, under a like penalty, to compel owners or parties having charge of property to cleanse out cellars and apartments which may be unoccupied. 16. The owners of premises in or entering from common stairs shall keep the steps, landing places, and passages in such common stairs in a proper 10 state of repair, and provide and keep in proper repair rails at the side of such stairs, to the satisfaction of the surveyor, and when required by him shall fence, in such manner as he shall direct, all windows in such common stairs; and any owner who fails so to keep such steps, landing places, and passages, or to provide or keep in proper repair such rails, or to fence such windows as 15 aforesaid, after notice served on him by the surveyor, shall be liable in a penalty not exceeding five pounds; and the magistrates and council may cause such steps, landing places, or passages to be properly repaired, or such rails to be provided or repaired, or such windows to be securely fenced, and the expense thereof shall be recovered in the same manner as a private 20 improvement assessment. 17. The outside windows of dwelling-houses which may hereafter be erected shall be constructed so that the same may be opened to the extent of at least one fourth of the size of each window, and the owner of any such dwelling-house who shall fail so to construct any window after being required 25 by the magistrates and council or their surveyor so to do, shall be liable to a penalty not exceeding forty shillings, and a further penalty not exceeding ten shillings for each day during which he shall fail so to construct such window. 18. The owners of all common stairs and common passages which may 30 hereafter be constructed shall provide proper means of lighting the same, where practicable, by means of windows or skylights, or otherwise, to the satisfaction of the surveyor, and any owner failing so to do when required by the magistrates and council or their surveyor shall be liable to a penalty not exceeding forty shillings; and the magistrates and council may cause such 35 means of lighting to be provided, and the expense thereby incurred shall be recoverable as a private improvement assessment. 19. The magistrates and council may, from time to time, cause to be put up, at, or upon the rails, or in or upon the walls of buildings, or elsewhere in the streets, public or private, as they think proper, index plates showing 40 the positions of the fire-plugs, in such streets or other places, or may indicate, by painting or other mode upon the walls of such buildings, the position of such fire-plugs, without being liable to any claim for compensation for so doing; and any person who shall cause any obstruction to the putting up of such plates or painting, or who shall pull down, deface, Provisional Order Confirmation (Leith). A.D. 1877. or destroy any such plate or painting, shall be liable in a penalty not exceeding forty shillings for each offence. 20. The owner or person in charge of any hackney carriage who shall convey in such carriage any dead body, except in cases of sudden death from accident or otherwise, shall be liable in a penalty not exceeding five 5 pounds, and, failing payment, be liable to imprisonment for any period not exceeding sixty days. 21. Clauses 126, 149, 170 to 181, both inclusive, 212, 215, and 279 of the General Police Act shall, as regards the burgh of Leith, be read and construed so that the word "street" or "streets" used therein shall include 10 streets public or private; and the paragraph in clause 3 of the General Police Act interpreting the expression "private street" shall, as regards the burgh of Leith, be read as if the words "used by carts and" were omitted therefrom. SCHEDULE referred to in Section 3 of the foregoing Order. THE LEITH MUNICIPAL AND POLICE ACT, 1848. Section 30, in so far as it provides that the magistrates and council shall keep or cause to be kept a separate book or books applicable to each of the several trusts which may be under their management, in which shall be engrossed the whole proceedings and transactions had in regard to them respectively. Given under my hand and seal at Whitehall this fourteenth day of June 15 20 (L.S.) RICH. ASSHETON CROSS. |