§ (1.) Upon requisition to that effect, made in writing, by a parish council, or by not fewer than ten ratepayers within the district of a Meal authority not being the local authority at a burgh, the local authority shall be bound to meet, after twenty-one days' notice, and whether sewers or drains have been already constructed or not, consider the propriety of—
- (a) forming part of their district into a special drainage district; or
- (b) enlarging or limiting the boundaries of a special drainage district; or
- (c) combining a special drainage district with another special drainage district; or
- (d) enlarging or limiting the boundaries of both or either of such special drainage districts and combining the same or parts thereof; or
- (e) determining that any special drainage district shall cease to exist as a special drainage district., or that any such combination shall cease;
§ (2.) The order of the sheriff shall determine all questions regarding the payment of any debt which may affect any special drainage district, and the right to impose, and the obligation to pay, any assessment affected by his determination, and shall fix the date at which such determination shall take effect, and a copy of every such resolution by a local authority and of any order pronounced by the sheriff shall be forthwith published in one or more newspapers circulating in the district, or by the posting of handbills throughout the district, and transmitted to the Board and to the county council.
§ (3.) Where a district committee is the local authority, notwithstanding the provisions of Section seventeen, Sub-section two, Sub-head (c) of the Local Government (Scotland) Act 1889, it shall not be competent to appeal to the county council against any resolution of the district committee under this section.
§ (4.) Nothing contained in this Act shall prejudice the provisions of Section eighty-one of the last-mentioned Act as amended by Section forty-four of the Local Government (Scotland) Act 1894.
§ MR. J. CALDWELL (Lanark, Mid)moved in Sub-section (1), before the 1316 words "publication of such resolution," to insert "last." The effect of the Amendment would be that the formation of a. special drainage district would take place 21 days after the. "last" publication of the advertisement notice.
§ *THE LORD ADVOCATE (Mr. GRAHAM' MURRAY, Buteshire)said that this was a real case in which the "last" should be "first"—["hear, hear!" and laughter]—whilst it was possible to know the date on which the first publication of the notice took place, it would be difficult to know the date of the last publication of it, as there was no definite number of times fixed for the publication. He thought that 21 days after the first publication would be a satisfactory interval, and if the hon. Member would substitute "first" for "last" he would accept the Amendment.
§ MR. CALDWELLsaid that he only wished that the time should be definite. He would, therefore, accept the Lord Advocate's suggestion, and he consequently asked leave to withdraw his Amendment.
§ Amendment, by leave, withdrawn.
§ MR. CALDWELLmoved in the same Sub-section, before the words "publication of such resolution," to insert "first."
§ Amendment agreed to.
§ Amendments made: After "resolution," insert "whatever its terms may be"; before "special," insert "district or"; leave out "every such resolution by a local authority and of."—(Lord Advocate.)
§ MR. T. R. BUCHANAN (Aberdeenshire, E.)moved to insert at the end, after Sub-section (3): —
(4) Where a special drainage district has been formed, or may hereafter be formed, under the provisions of this Act, the district committee of the district in which such special drainage district is or may be situated, or the county council where a county is not divided into districts, shall, in their discretion, have power to provide for the drainage of the highways and footpaths under their management and control within such special drainage district, or to pay or contribute out of the assessments raised under the Roads and Bridges (Scotland) Act 1878 a proportion of the cost of providing and maintaining sewers sufficient for the drainage of such highways and footpaths.
§ *THE LORD ADVOCATEsaid that he was willing to accept the Amendment.
§ *MR. SPEAKERI do not know whether the right hon. and learned Gentleman has satisfied himself that this Amendment does not alter the incidence of taxation.
§ *THE LORD ADVOCATEsaid that he was afraid that the latter part of the Amendment would do so. If the hon. Member would be content with his promise he would undertake to consider the matter, with the view, if necessary, of himself moving an Amendment in another place which would carry out the hon. Member's object.
§ DR. CLARK (Caithness)said that the Amendment could not be inserted in the House of Lords.
§ *THE LORD ADVOCATEsaid that he proposed to move the recommitment of the Bill in order to get the sub-section inserted in Committee.
§ MR. BUCHANANsaid that he wished to point out that a similar sub-section was contained in the Bill in regard to sewage. Ire asked leave to withdraw his Amendment.
§ Amendment, by leave, withdrawn.
§ Amendment made: In Sub-section (4), before "section," insert "Sub-sections one and two of."—(Lord Advocate.)
§ Clause 124, —