Page images
PDF
EPUB

Provisional Order (Paisley).

by Part V. section XIII. (clauses 358 to 363 inclusive) of that Act, it is, inter A.D. 1878. ? alia, provided that the commissioners acting for the purposes of that Act in any burgh by which it has been adopted may provide and establish fit shambles

or slaughterhouses for the purpose of slaughtering cattle, and for that purpose 5 may borrow such sums of money as they shall find necessary on the security of

the police assessment, and of the rates to be taken and levied for the use of such shambles or slaughterhouses, and of the shambles or slaughterhouses and ground on which the same are erected, or on any one or more thereof, and may

demand and take for the use of the said slaughterhouses such reasonable rate 10 or sum as may be agreed on and fixed between them and the persons using the

same, and, in case of difference, as shall, upon the application of either party, and after seven days' previous notice to the other party of such iutended application, be fixed and determined by the sheriff of the county in manner

provided by the said Act; and that it is also provided by that Act (clause 125) 15 that such commissioners may from time to time purchase any buildings or land,

and may convert, repair, furnish, and fit up such buildings, or build on such land, for the purposes of the said Act; and further setting forth that by a Provisional Order, dated the second day of June one thousand eight hundred

and seventy-five, issued by me under my hand and seal of office in virtue of 20 the provisions of the Act of 1862, and confirmed by the General Police and

Improvement (Scotland) Act, 1862, Orders Confirmation Act, 1875, I, on the recitals therein contained, directed, inter alia, that, as soon as conveniently might be after the passing of an Act of Parliament confirming the said Pro

visional Order, the value of the existing slaughterhouse of the burgh of Paisley 25 (including the pertinents thereof and the ground on which the same was

erected) which belonged to the corporation should be ascertained by a valuator appointed by the sheriff, upon the joint application of the corporation and of the commissioners, or upon the application of either of these parties after notice

to the other party ; and that a price equal to such value should be paid into 30 the funds of the corporation by the commissioners out of the funds in their

hands as such commissioners; and that the receipt for such price, under the common seal of the corporation, and stamped with the ad valorem stamp duty applicable to a conveyance in consideration of such price, should be recorded

in the division of the General Register of Sasines applicable to the county of 35 Renfrew, and also in the Register of Bookings for the burgh of Paisley; and

that upon payment of such price and recording of such receipt as aforesaid, the said slaughterhouse (including as aforesaid) should, by force of the said Order and of the Act confirming the same, be vested in and should thereafter belong

to the commissioners; and that the commissioners might thenceforth hold and 40 maintain, and from time to time thereafter enlarge and improve, the said

slaughterhouse, and might levy such reasonable rates for the use thereof as might be agreed on or fixed and determined under the provisions of the Act of 1862, and might from time to time let the said rates by public roup or private

bargain for such period, not exceeding three years, as they might think fit, and 45 might borrow such sums of money as might be necessary for payment of the said price, and for the other purposes aforesaid, on the security of the police

Provisional Order (Paisley).

A.D. 1878. assessment leviable by them, and of the said rates to be levied for the use of

the said slaughterhouse, and of the said slaughterhouse (including as aforesaid),
or on any of such securities, and might exercise all the other powers contained
in Part V. section XIII. of the Act of 1862; and that the transfer of the
said slaughterhouse from the corporation to the commissioners should be held 5
equivalent to a sale of the said slaughterhouse (including as aforesaid) by the
corporation under the provision therein recited of the Paisley Burgh and Cart
Navigation Act, 1872 ; and that, from and after the vesting of the said
slaughterhouse in the commissioners as aforesaid, the corporation should be free
from any obligation that might have been previously incumbent on them to 10
provide or maintain a slaughterhouse in or for the said burgh; and further
setting forth that under the provisions of the said Order the value of the said
slaughterhouse (including the pertinents thereof and the ground on which it
was erected) had been ascertained by a valuator appointed by the sheriff upon
the joint application of the corporation and the commissioners to be five thousand 15
three hundred and forty-two pounds sterling, subject to an annual feu duty of
seven pounds eleven shillings and fivepence payable for a portion of the said
ground, which feu duty was to remain a burden thereon, and to be payable by
the commissioners to the corporation as superiors thereof; as also that the
commissioners had no funds out of which to pay the value or price so ascer- 20
tained, or to enlarge and improve the said slaughterhouse as provided by the
said Order, and that the slaughterhouse had accordingly remained as previously
in the hands of the corporation, who were still receiving the rates leviable for
the use thereof; and further setting forth that if the whole of the money
required for paying the said price and enlarging and improving the slaughter- 25
house were borrowed by the commissioners, the interest thereof and the amount
required to be appropriated in each year for paying off the principal would
form a very heavy annual burden ; and that the corporation had agreed to
convert the said price into an annual payment at the rate of four per cent.
thereon, redeemable at twenty-five years purchase, in the option of the com- 30
missioners, at the term of Whitsunday in any year upon three months notice,
and that such annual payment should be charged solely upon the said slaughter-
house (including as aforesaid) and the rates leviable for the use thereof as
herein-after mentioned ; as also that the commissioners considered that the said
feu duty and annual payment to the corporation, and the expense of managing 35
and maintaining the slaughterhouse, ought to be defrayed out of the said rates,
and should not be made a burden upon the police assessment; and that the
interest of the money to be borrowed for enlarging and improving the slaughter-
house, and the amount to be annually appropriated by way of annual instal-
ments and of sums to be set apart as a sinking fund for paying off the principal 40
of such borrowed money, should also be defrayed out of and charged upon the
said rates, with a subsidiary charge therefor upon the police assessment, for
the better security of the lenders, and in order that the money might be
borrowed at as low a rate of interest as possible; as also that the rates for the
use of the slaughterhouse should be fixed so as to meet the expense of managing 45
and maintaining the slaughterhouse, the said feu duty and annual payment to

Provisional Order (Paisley).

the corporation, the interest of such borrowed money, and the amount to be A.D. 1878. annually appropriated as aforesaid for paying off the principal thereof; and that the sheriff should have power to revise the said rates periodically, so as to

adjust them to the said annual expenditure ; and therefore praying that I 5 should issue a Provisional Order for the purposes and to the effect herein-before

mentioned, or with such modifications or alterations as might appear to me to be requisite :

And whereas due inquiry having been directed and held in respect of the matters mentioned in the said petition, I have resolved to grant the prayer 10 thereof :

Now, therefore, in pursuance of the powers vested in me by the Act of 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 from and after the passing of any Act of Parliament confirming the same,15

1. Instead of the said price of five thousand three hundred and forty-two pounds, the commissioners shall, in addition to the said feu duty of seven pounds eleven shillings and fivepence, pay annually to the corporation in all time coming the sum of two hundred and thirteen pounds thirteen shillings and

sevenpence (being four per cent. on the said price), by two equal instalments 20 at the terms of Martinmas and Whitsunday in each year, commencing at the

term of Martinmas one thousand eight hundred and seventy-eight, for the halfyear preceding, with interest at the rate of five per cent. per annum upon each such instalment from the day on which it becomes due till paid ; which annual

payment and interest shall, by virtue of this Order, form a charge upon the 25 said slaughterhouse, (including the pertinents thereof, and any enlargement and

improvement of the same, and the ground on which such slaughterhouse and enlargement and improvement are or may be erected,) and upon the rates leviable for the use thereof as herein-after provided, postponed only to the said feu duty of

seven pounds eleven shillings and fivepence, and to the expense of managing 30 and maintaining the slaughterhouse, and ranking pari passu with the interest

of the money to be borrowed for enlarging and improving the slaughterhouse, and with the annual instalments and sums to be set apart as a sinking fund for paying off the principal of such borrowed money.

2. The said annual payment of two hundred and thirteen pounds thirteen 35 shillings and sevenpence shall be redeemable, in the option of the commissioners,

at the term of Whitsunday in any year, after not less than three months previous notice in writing to the town clerk of the said burgh, upon payment by the commissioners to the corporation of the said sum of five thousand three

hundred and forty-two pounds, with all arrears of the said annual payment and 40 interest thereon which may be due at the time, or, in the event of the corpora

tion refusing to receive the said sums, then upon consignation thereof, in name of the corporation, in any bank in Paisley established by Act of Parliament or Royal Charter.

3. The corporation shall, on the first day of August one thousand eight 45 hundred and seventy-eight, or as soon as may be thereafter, execute under their

Provisional Order (Paisley).

A.D. 1878. common seal a conveyance in favour of the commissioners, in the manner

provided by the Act of 1862 (clause 391), of the said slaughterhouse (including
as aforesaid), under the real burden of the said feu duty and annual payment
to the corporation, ranking as herein-before mentioned; and the commissioners
shall forthwith procure the said conveyance to be recorded in the Register of 5
Bookings for the burgh of Paisley, and in the division of the General Register
of Sasines applicable to the county of Renfrew; and thereupon the commis-
sioners may enter into possession of the said slaughterhouse (including as
aforesaid), and collect the rates leviable from time to time for the use thereof:
Provided always, that the corporation shall account for and pay to the 10
commissioners the amount of the said rates for the period from the fifteenth
day of May one thousand eight hundred and seventy-eight until the date of
the commissioners so entering into possession, under deduction of all necessary
charges against the same, as the respective amounts of such rates and charges
shall be adjusted and fixed by the corporation and the commissioners.

15
4. The commissioners may borrow from time to time, and if paid off may
reborrow, such sum or sums of money, not exceeding in the whole at any time
four thousand five hundred pounds, as they may consider necessary for enlarging
and improving the said slaughterhouse, provided that the same shall be borrowed
in such manner that the whole amount so borrowed shall be paid off within 20
a period not exceeding fifty years after the passing of the Act confirming this
Order, either by paying to the lenders such equal annual instalments as will
keep down the interest and extinguish the principal within the said period, or
by paying the interest as it falls due and setting apart annually as a sinking
fund such a sum as will, by accumulation with compound interest thereon at the 25
rate of four per cent. per annum, be sufficient to pay off within the said period
the whole of such principal, or partly in one of these ways and partly in the
other; and such annual instalments, interest, and sums to be set apart as a
sinking fund shall, by virtue of this Order, form a charge upon the said
slaughterhouse (including as aforesaid), and upon the rates leviable for the use 30
thereof as herein-after provided, postponed only to the said feu duty of seven
pounds eleven shillings and fivepence, and to the expense of managing and
maintaining the slaughterhouse, but ranking pari passu with the said annual
payment of two hundred and thirteen pounds thirteen shillings and sevenpence
to the corporation; and shall also by virtue of this Order form a charge upon 35
the police assessment leviable by the commissioners under the Act of 1862,
provided that any sums which may be taken from such assessment for the
purposes of this Order shall, as soon as may be thereafter, be replaced out of
the surplus, if any, of the rates leviable for the use of the said slaughterhouse
after satisfying the annual charges thereon.

40 5. Part VI. section II. of the Act of 1862 shall not apply to the sums to be borrowed by the commissioners under this Order, excepting sections 387 and 388 of that Act, which shall apply to the said sums; and the bonds to be granted for such sums may be in the form of the schedule to this Order, or to the like effect, and shall be signed by two of the commissioners and their 45 treasurer; but no commissioner, or treasurer, or other officer acting under the

Provisional Order (Paisley).

commissioners, shall be personally liable for any of the sums therein con- A.D. 1878. tained.

6. From and after the recording of the conveyance by the corporation in favour of the commissioners as aforesaid, and until the expiration of one year 5 after the time when the commissioners shall, by advertisement in the Edin

burgh Gazette and in two newspapers published in Paisley, declare that the enlargement and improvement of the slaughterhouse are completed, the commissioners may levy and recover the rates now leviable for the use of the

said slaughterhouse; and from and after the expiration of the said period of one 10 year the commissioners may levy and recover, for the use of the said slaughter

house, such new rates as they shall estimate to be necessary for meeting in each year the expense of managing and maintaining the slaughterhouse, the said feu duty of seven pounds eleven shillings and fivepence and annual payment

of two hundred and thirteen pounds thirteen shillings and sevenpence, the 15 interest of the money to be borrowed as aforesaid, and the annual amount

applicable towards paying off the principal thereof, together with such sum as may be necessary for repaying to the commissioners the costs incurred by them in obtaining this Order and incident thereto, and any deficiency which may

have occurred in the revenue of the slaughterhouse as compared with the 20 annual expenditure thereon prior to the commencement of such new rates :

Provided always, that the commissioners shall publish a table of the new rates proposed to be levied by them as aforesaid in the Edinburgh Gazette and in two newspapers published in Paisley, at least one month before commencing to

levy such rates; and that any person or persons who shall during the year 25 next preceding such publication have paid not less than four pounds of rates for

the use of the slaughterhouse may, during the said period of one month, appeal to the sheriff of Renfrew and Bute, or his substitute at Paisley, against all or any of the new rates so proposed to be levied; and the said sheriff, or sheriff substitute, after hearing parties in a summary way, shall determine whether

the said proposed rates are likely to yield a larger amount than is necessary 30

for the purposes aforesaid, and may, if he think fit, modify the same, so as to be sufficient in his judgment for such purposes during the period of three years next following

7. The said new rates shall be revised by the said sheriff, or sheriff substitute, 35 at the expiration of every period of three years, if required either by the

commissioners, or by any person or persons having paid not less than five pounds of rates for the use of the slaughterhouse within any one of such years, and in that event shall be regulated by such sheriff, or sheriff substitute, so

that the same may thereafter in his judgment yield an annual amount equal, 40 as nearly as may be, to the annual charges thereon as aforesaid, together with

the amount required) to replace any sums previously taken from the police assessment as aforesaid.

8. The moneys borrowed for enlarging and improving the slaughterhouse, and the sums expended upon such enlargement and improvement, as also the rates 45 levied for the use of the slaughterhouse, and the expenses of maintaining and

« EelmineJätka »