55 & 56 Vict., Cap. 55

For ascertain ing price to be paid for water in case of dispute.

Firecocks may be placed on pipes of water companies.

Commissioners (a) may provide sufficient supplies of water, and may erect waterworks,

&c.

259. If the Commissioners (a), and the owners of any waterworks for supplying water within the burgh, with whom the Commissioners (a) may be desirous of contracting for the supply of water to the inhabitants, do not agree as to the terms and conditions of the supply and the price to be paid for such supply, then such terms and conditions and price (except where by the Act authorising such waterworks some other mode of determining such terms and conditions and price shall be provided) shall be settled by arbitration, and for that purpose the clauses of the Lands Clauses Acts with respect to the settlement of disputes by arbitration shall be incorporated with this Act.

260. It shall be lawful for the Commissioners (a), at the sight of the engineer of any water company established or to be established for supplying water within the burgh, or any company or corporation actually supplying water within the burgh, to place proper firecocks upon the pipes belonging to any such company within the burgh, at such convenient distances from each other and at such places as may be considered proper for the supply of the fire engines when brought into operation, the positions of such firecocks being first arranged by the Commissioners (a) with the directors of such water company; and in case of difference of opinion between them, the same shall be determined by the sheriff, whose judgment thereon shall be final, and not subject to review.

261. The Commissioners (a) may provide the burgh. with such a supply of water as may be proper and sufficient for the purposes of this Act, and may maintain such a constant flow of water, by means of a reservoir or reservoirs or otherwise, as may be requisite for the health of the inhabitants or the amenity of the burgh, and for private use to the extent required by this Act; and for [other (b)] purposes, or any of them, the Commissioners (a) may from time to time contract with any person whomsoever, or purchase, take upon lease, hire, construct, lay down, and maintain such reservoirs and waterworks, and do and execute all such works, matters, and things as shall be necessary and proper, including the opening of streets, public or private, from time to time for the purpose of laying down, altering, or repairing water pipes therein; and any waterworks company or owners or lessees of reservoirs may contract with the Commissioners (a) to supply

(a) Now Town Council. See Town Councils (Scotland) Act, 1900, s. 8.

(b) In lieu of word "other," now read these." See Burgh Sewerage, Drainage, and Water Supply (Scotland) Act, 1901, s. 6. (2.), P. 504.

Cap. 55.

water for the purposes of this Act in any manner what- 55 & 56 Vict., scever, or may sell and dispose of or lease their reservoirs and waterworks to the Commissioners (a); and the Commissioners (a) may provide and keep in any waterworks constructed or laid down by them under the powers of this Act a supply of pure and wholesome water, and the water so supplied may be constantly laid on at such pressure as will carry the same to the top story of the highest dwelling-house within the burgh; and the Commissioners (a), by means of such reservoirs and waterworks, or either of them, may maintain such a constant flow of water as may be requisite for the health of the inhabitants or the amenity of the burgh: Provided always, that before constructing or laying down any waterworks under the powers of this Act, within any limits within, for, or in respect of which any waterworks company or water commissioners shall have been established for supplying water, the Commissioners (a) shall give notice in writing to every waterworks company or water commissioners within whose limits the Commissioners (a) may be desirous of laying on or supplying water, stating the purposes for and (as far as may be practicable) the extent to which water is required by the Commissioners (a); and it shall not be lawful for the Commissioners (a) to construct or lay down any waterworks within such limits, if and so long as any such company or water commissioners shall be able and willing to lay on water proper and sufficient for all reasonable purposes for which it is required by the Commissioners (a); and in case any difference shall arise as to whether the water which any such company is able and willing to supply or lay on is proper and sufficient for the purposes for which it is required by the Commissioners (a), or whether the purposes for which it is required are reasonable, the same shall be settled by the sheriff, upon summary application by either of the parties, and the decision of the sheriff shall be final.

262. In every burgh having less than five thousand inhabitants at the date of the last census, if the Commissioners (a) resolve that, in order to obtain a supply of water for the burgh, it is necessary for them to acquire land otherwise than by agreement, they may, instead of proceeding under the Public Health Acts, present a petition to the sheriff in manner herein-before provided, and obtain his authority to put in force the provisions of the Lands Clauses Acts with reference to the acquisition of lands otherwise than by agreement.

(a) Now Town Council. See Town Councils (Scotland) Act, 1900, s. 8.

Burghs having less than five thousand inobtain from the sheriff compulsory powers for water supply.

habitants may

55 & 56 Vict., Cap. 55.

Service pipes to be laid by

owners.

Water to be used only for domestic and

ordinary pur poses, unless by agreement

263. Where the Commissioners (a) resolve to supply the houses or tenements within the burgh with water for domestic and ordinary purposes, the owners of such houses and tenements shall be entitled to obtain such supply by connecting a service pipe with the main pipes to be laid down by the Commissioners (a), the expense of such service pipes and of connecting the same with the main pipes being defrayed by such owners; and where the houses and tenements generally in any street within the burgh shall be supplied with water by means of such service pipes, it shall be competent to the Commissioners (a) to require the owner of any tenement in such streets not so supplied to take a supply of water by connecting a service pipe with the main pipe as aforesaid; and in the event of refusal or delay on the part of such owner to comply with such requisition, it shall be lawful for the Commissioners (a) to enter such house or premises and proceed to lay down such service pipe themselves, and to recover the expense thereof from such owner; and wherever it is practicable all supplies of water for domestic use shall be taken direct from the main or service pipes and not from cisterns.

264. No person shall be entitled, without special agreement with the Commissioners (a), to use the water supplied through the pipes of the Commissioners (a), except for domestic and ordinary purposes; but where there is a supply of water more than is required for such with Commis- domestic and ordinary purposes within the burgh, it shall sioners. (a) be lawful for the Commissioners (a) to contract with any person or persons within the burgh to supply any public baths and washhouses, works, manufactories, or other premises within the burgh with water, at such rate and upon such terms and conditions as may be agreed on; or, in the event of disagreement, either as to the ability of the Commissioners (a) to give the supply, or as to the rate, terms, or conditions on or in respect of which the supply is to be given, the same shall be fixed by the sheriff, upon summary application by either of the parties, and the decision of the sheriff shall be final: Provided that when water is thus supplied from such surplus, it shall not be lawful for the Commissioners (a) to charge the parties obtaining the same both with the [portion of the burgh general assessment applicable to water supply (b),] and

(a) Now Town Council. See Town Councils (Scotland) Act, 1900, s. 8.

(b) In lieu of words within brackets, now read "water assessment." See Burgh Sewerage, Drainage, and Water Supply (Scotland) Act, 1901, s. 4. (2.), p. 503.

also for the supply of water obtained by them; but the Commissioners (a) may either charge the said assessment leviable on such premises or charge for the supply of water furnished to the same, as they shall think fit; and it shall also be lawful for the Commissioners (a) to dispose of any surplus water, not required for any purpose within the burgh, to any person or persons outside the burgh, at such rate and upon such terms and conditions as may be agreed on.

It shall further be lawful for the Commissioners (a) to dispose of any surplus water not required for any of the purposes aforesaid within the burgh to the commissioners or trustees of any harbour or other person owning or managing any harbour within or near to the burgh for the purpose of supplying vessels within the harbour and for the extinction of fires in such vessels, or in any buildings or other property within the limits of the harbour and subject to the administration of such commissioners or trustees of the harbour or other persons, and such commissioners or trustees of the harbour or other persons may demand and levy from the owner, master, agent, manager, or other person in charge of any vessel applying for and receiving such supply of water, a reasonable sum of money in respect thereof, and in the event of disagreement as to the rate, terms, or conditions on which such supply shall be given by such commissioners or trustees of the harbour or other persons to such vessels, the same shall be fixed by the sheriff upon summary application by either of the parties, and the decision of the sheriff shall be final.

265. A supply of water for domestic and ordinary purposes shall not include a supply of water for cattle or for horses, or for washing carriages, or for steam engines, or for railway purposes, or for warming or ventilating purposes in public buildings, or for working any machine or apparatus, or for any trade, manufacture, or business whatsoever, or for watering gardens by means of any tap, tube, pipe, or other such like apparatus, or for fountains, or for flushing sewers or drains, or for public baths or washhouses, or for any ornamental purpose whatever.

fountains.

266. The Commissioners (a) may from time to time Drinking erect and maintain, or allow to be erected and maintained, in any street or public place any ornamental drinking fountain or trough.

(a) Now Town Council. See Town Councils (Scotland) Act, 1900, s. 8.

55 & 56 Vict,

Cap. 55.

Incorporation of certain provisions of the Waterworks Clauses Acts.

Byelaws in

reference to water.

Provisions

with respect to supplying

water not to

apply in

certain cases.

267. With respect to the supply of water all the clauses and provisions of the Waterworks Clauses Acts, 1847 and 1863, and any Act amending the same, with respect to the following matters; (that is to say,) The construction of the waterworks:

The communication pipes to be laid by the inhabit

ants:

Waste or misuse of the water supplied by the undertakers:

Guarding against fouling the water of the undertakers :

The payment and recovery of the water rates: The recovery of damages not specially provided for, and of penalties, and to the determination of any other matter referred to justices or to the sheriff: shall, so far as the same are not varied by the provisions of this Act, be incorporated with this Act; and the expression "the undertakers in the said Waterworks Clauses Acts shall, in reference to this Act, mean the Commissioners (a) under this Act: Provided always, that the water to be supplied by the Commissioners (a) need not be constantly laid on under pressure; and provided also, that for shops the water rate, or portion of burgh general assessment applicable to water, shall be chargeable only on one fourth of the rental of the premises, unless in special circumstances the Commissioners (a) see cause to charge the ordinary rates, and in that case it shall be lawful for any person who may think himself thereby aggrieved to appeal to the sheriff in manner herein-after provided.

268. It shall be lawful for the Commissioners (a) to make byelaws regulating all or any matters and things whatsoever connected with the water to be supplied within the burgh through their pipes.

269. The provisions of this Act with respect to supply of water shall not apply in the case of any burgh which is or may be before the thirty-first day of December, one thousand eight hundred and ninety-four, supplied with water under the powers of any local Act or Acts.

[The Burgh Sewerage, Drainage, and Water Supply (Scotland) Act, 1901, s. 4. (5.), p. 503, provides that, notwithstanding anything contained in the above s. 269, the provisions of this Act with respect to supply of water shall apply in the case of any burgh which is supplied with water by the town council thereof under the powers of any local Act or Acts.

***

(a) Now Town Council. See Town Councils (Scotland) Act, 1900, s. 8.