§ House in Committee (according to Order).
§ Clause 1.
§ Verbal Amendments made.
§ Clause 2 agreed to.
§
*LORD PLAYFAIR moved, in page 3, after Clause 2, to insert the following New Clause:—
3. Notwithstanding anything contained in the said Act, its provisions shall not apply to any burgh or regality or burgh of barony which is not a police burgh as therein defined, unless and until the sheriff, upon the requisition of any seven or more householders, shall have convened a meeting of householders for the purpose of considering whether the said provisions shall be adopted, and such burgh of regality or burgh of barony declared to be a burgh in the sense of the said Act, and the sheriff shall have found and declared, after a meeting, and, if necessary, a poll, of householders, as is herein-before provided in the case of a populous place, that the said Act has been adopted, and that such burgh of regality or burgh of barony is a burgh in the sense of the said Act.
THE MARQUESS OF LOTHIANasked whether the noble Lord in charge of the Bill had taken into consideration the position of burghs of barony and burghs of regality as regarded the smaller populous places? He thought the same conditions should be extended to those small burghs as to the others. He had received a petition from some of them expressing regret that they were not included in the Government Bill, and it was accompanied by a statement sent up from the Scotch Office. It was quite possible, under the Bill as it stood, that seven householders in a burgh might ask to have their boundary settled, though the entire remainder of the population of the place might be against it, and the Sheriff would have no option whatever, but would be compelled to carry out the wish of the seven persons in that small burgh of barony. Perhaps the noble Lord would re-consider the clause so as to give all the householders in those cases an opportunity of stating whether they wished to remain as they wore or desired to have their boundaries fixed by 895 the Sheriff and become a police burgh. He thought it was only fair that opportunity should be given.
§ *LORD PLAYFAIRsaid, the difference between the two classes of places was that in populous places the Bill enabled the opinions of the inhabitants to be taken before they became burghs. The original Act which this Bill was to amend came into operation on that very day, and the whole of these burghs of barony, and of regality, would then become police burghs under the Act. He was informed from the Scotch Office that the Petitions to put these burghs into the position of populous places under the Bill had come from the County Councils, and not from the burghs. As the Bill would not go further until after Whitsuntide, the noble Marquess and others would have time to obtain an expression of opinion from the smaller burghs, but to give a retrospective action to the measure would be very difficult.
§ LORD PLAYFAIRsaid, he would consult upon that point. At all events, an opportunity would now be afforded of considering the matter.
§ Bill re-committed to the Standing Committee; and to be printed as amended. (No. 98.)