HL Deb 12 May 1896 vol 40 cc1113-4

(1.) Upon requisition to the effect made in writing by no fewer than five householders within the district of a local authority not being the local authority of a burgh, the local authority shall be bound to meet, after twenty-one clear days' notice, and shall, whether sewers or drains have been already constructed or not, consider the propriety of—

  1. (a) Forming part of their district into a special drainage district; or
  2. (b) enlarging or limiting the boundaries of a special drainage district; or
  3. (c) combining a special drainage district with another special drainage district; or
  4. (d) enlarging or limiting the boundaries of both or either of such special drainage districts and combining the same or parts thereof; or
  5. (e) determining that any special drainage district shall cease to exist as a special drainage district, or that any such combination shall cease,
and the resolution of the local authority at such meeting shall be published in one or more newspapers circulated in the district, or by the posting of bills throughout the district; and the production of such newspaper, or a certificate under the hand of the clerk of that local authority (whoso signature need not be proved), shall be sufficient evidence of such resolution; and within ten days after the date of the publication of such resolution it shall be competent for any person interested to appeal against the resolution to the sheriff, and the sheriff, not being a sheriff substitute resident within the district, may either approve or disapprove of such resolution, and if he disapproves thereof he may either find that no special drainage district should be formed, or may enlarge or limit the special district as defined by the resolution of the local authority, or may find that a special drainage district should be formed and may define the limits thereof, or may find that such special drainage district or part thereof shall be combined as prayed, or that such combination shall cease, or that such special drainage district or districts shall, as such, cease to exist; and the decision of the sheriff shall be binding, and shall be final, except where it is pronounced by a sheriff substitute, in which case it may be appealed to the sheriff.

(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.

(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 provision of section eighty-one of the last-mentioned Act as amended by section forty-four of the Local Government (Scotland) Act, 1894.

*LORD BALFOUR moved after "and the production of such newspaper" to insert the words "or handbill."

Amendment agreed to; clause as amended, ordered to stand part of the Bill.

Clause 131,—