HC Deb 29 June 1897 vol 50 cc808-11

(1.) In applying the Congested Districts (Scotland) Fund the Commissioners may take steps as they think proper for—

  1. (a)aiding and developing agriculture, and the breeding of live stock and poultry in congested districts; and
  2. (b)providing suitable seed potatoes and seed oats and implements for crofters and cottars in congested districts; and
  3. (c)providing, subject to the provisions hereinafter contained, land for sub-division among or for enlargement of the holdings of crofters and cottars in congested districts for the purposes of cultivation or grazing, in such manner and upon such conditions and after such adaptations as shall be determined by the Commissioners; and
  4. (d)aiding migration of crofters and cottars from congested districts to other districts, and settling any migrants under favourable circumstances in the places to which they first migrate; and
  5. (e)aiding and developing fishing (including industries connected with and subservient to fishing) and the formation of fishermen's dwellings and holdings in congested districts; and
  6. (f)aiding the providing or improving of piers or boat-slips, public roads and bridges, and footpaths and foot-bridges, in congested districts; and
  7. (g)aiding and developing spinning, weaving, and other home industries in congested districts; and
  8. (h)subject to the consent of the Treasury,— aiding the providing or improving of harbours.

(2.) The Commissioners may give their assistance either by way of gift or loan, or by way of sale at cost price, and subject to such conditions as they think fit, winch conditions and the provisions for their enforcement or for the case of their violation shall be as effectual as if they were contained in this Act."

MR. CALDWELL moved, after the word "agriculture," to insert the words "and dairy-farming."

Amendment agreed to.

MR. CALDWELL moved, after the word "implements," to insert the words, "and dairy utensils, machinery and appliances for making butter and cheese."

Amendment agreed to.

MR. CALDWELL moved, after the words, "other districts," to insert the words "in Scotland."

Amendment agreed to.

MR. CALDWELL moved, in Sub-section (6), to leave out the words "public roads and bridges, and foot paths and foot bridges."

Amendment agreed to.

*MR. WEIR moved, at the end of Subsection (6), to insert the words,— Providing guarantees for telegraph extensions, or such other postal facilities (including money orders and savings bank business) as may be within the power of the Postmaster General to grant under guarantee; and.

*THE LORD ADVOCATE

opposed the Amendment.

Amendment, by leave, withdrawn.

MR. CALDWELL moved, in Sub-section (1), to leave out from the word "agreement" to the end of the sub-section, and to insert,—

  1. (2.) If the Commissioners are satisfied that suitable land for the purposes of this Act cannot be acquired on reasonable terms by voluntary agreement, and that the circumstances are such as to make it proper that the Commissioners should proceed under this section, they 810 shall publish, once at least, in each of two consecutive weeks in some newspaper circulating in the locality, an advertisement stating shortly the purpose for which the land is proposed to be taken, mentioning a place at which a plan of the proposed works (in any) may be seen at reasonable hours, and stating the quantity of land that is required. Thereafter they shall cause public inquiry to be made in the parish or district and notice to be given both publicly in the parish or district, and severally to the owners, lessees, and occupiers of the land proposed to be taken either by delivery at, or by post in a registered letter addressed to the usual or last known place of abode of such owners, lessees, and occupiers, and all persons whose interests would he affected shall he permitted to attend at the inquiry, and to support or oppose the taking of the land.
  2. (3.) After the completion of the inquiry, and after considering all objections made by any persons whose interests would be affected, the Commissioners may make an order for putting in force, with respect to the said land or any part thereof, the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement.
  3. (4.) A copy of any Order made under this section shall be preserved by the county council in the manner in which and upon the person or persons upon whom notices in respect of such land are hereinbefore required to be served, together with a statement that the Order will become final and have the effect of an Act of Parliament unless within the period of one month after such service a memorial by some person whose interests would be affected is presented to the Local Government Board for Scotland (in this Act referred to as "the Board") praying that the Order shall not become law without further inquiry.
  4. (5.)The Order shall be deposited with the Board, who shall inquire whether the provisions of this section have been in all respects complied with; and, if the Board are satisfied that this has been done, then, after the expiration of the said period of one month—
    1. (a) if no memorial has been presented, or if every such memorial has been withdrawn, the Board shall without further inquiry confirm the Order;
    2. (b) if a memorial has been presented the Board shall proceed to hold a local public inquiry, and shall after such inquiry either confirm, with or without amendment, or disallow the Order;
    3. (c) upon any such confirmation the Order, and if amended as so amended, shall become final, and have the effect of all Act of Parliament, and the confirmation by the Board shall be conclusive evidence that the Order has been duly made and is within the powers conferred by this Act, and that the requirements of this Act have been complied with;
    Provided always that the Board may, and when required within the said period of one month by any party interested who has presented a memorial against the Order shall, state 811 a special case on the question whether the proposed Order is within the powers conferred by this Act for the opinion of either division of the Court of Session, who are hereby authorised finally to determine the same along with any question of expenses.
  5. (6.) Where the Board are authorised or required to make any inquiry under this section, they may cause such inquiry to be made by any inspector or officer of the Board or by any other person specially nominated in writing by the Board, and such inspector or officer or person shall be entitled to summon witnesses and examine them on oath, and to call for the production of books, documents, and accounts. The costs incurred in relation to such inquiry, including the remuneration of any person specially nominated to hold the same, not exceeding three guineas a day, shall be paid by the Commissioners out of the sums by this Act placed at their disposal, and the Board may certify the amount of the costs incurred, and any sum so certified shall be a debt to the Board from the Commissioners. The provisions of Sub-sections ten, eleven, twelve, thirteen, fourteen, and fifteen of Section twenty-five of the Local Government (Scotland) Act 1894, shall apply with the necessary modifications as if the Commissioners were therein referred to.

Amendment agreed to.

Clause, as amended, agreed to.

And, it being midnight, the Chairman of Ways and Means left the Chair to make his Report to the House.

Committee report progress to sit again upon Thursday.