A.D. 1927. As to private rights of way over lands taken compulsorily. Power to acquire and hold lands for protection of works and prevention (Water &c.) Order Confirmation.. 24. All private rights of way over any lands which shall under the powers of this Order be acquired compulsorily shall as from the date of such acquisition be extinguished Provided that the Corporation shall make full compensation to all parties interested in respect of 5 any such rights and such compensation shall be settled in like manner as if such rights were to be compulsorily acquired by the Corporation under this Order. 25. The Corporation may hold any lands acquired by them for the purposes of or in connection with their 10 existing waterworks and any lands acquired by them under this Order and may also by agreement purchase acquire and hold any lands or take servitudes or restrictions over any lands which they may deem necessary or of pollution. desirable for the purpose of securing the purity of the 15 water in the drainage areas of any of the reservoirs of the Corporation and of protecting their water supply against pollution fouling contamination nuisance encroachment or injury and so long as such necessity shall continue such lands shall not be deemed to be superfluous lands 20 within the meaning of this Order or the Lands Clauses Acts respectively Provided that the Corporation shall not create or permit a nuisance on any such lands and shall not erect or permit the erection of any buildings thereon other than offices and dwellings for persons in 25 their employ and such buildings and works as may be incident to or connected with the water undertaking or farm buildings. Reservation of water rights on sale. The Corporation may let for such period as they think fit or sell or feu any land acquired under this section on 30 such terms conditions and restrictions as regards its use as to the Corporation may seem fit and to secure that such land shall not be manured or broken up for tillage and that no buildings which may prejudicially affect the water supply or the purity of the water shall be erected 35 thereon The proceeds of the sale of any land by the Corporation shall only be applied to purposes of the water undertaking to which capital is properly applicable. 26. The Corporation on selling any lands acquired for or in connection with the purposes of this Order and 40 not required to be retained for those purposes may subject to the provisions of the section of this Order of which the marginal note is "Limiting powers of Corporation to abstract water " reserve to themselves all or any part (Water &c.) Order Confirmation. of the water rights belonging thereto and may make the A.D. 1927. sale subject to such reservation accordingly and may also make any such sale subject to such other reservations special conditions restrictions and provisions with respect 5 to use of water exercise of noxious trades or discharge or deposit of manure sewage or other impure matter or otherwise as they may think fit. 27. The Corporation may on any lands which they For protecmay acquire under the powers of this Order or otherwise tion of 10 construct all such drains channels and other works as reservoirs they may think necessary or desirable for preventing &c. from sewage or polluting liquids or contaminated or impure water from entering or polluting any of the reservoirs conduits watercourses or waterworks of the Corporation 15 or any waters flowing into the same. pollution. lands. 28. The Corporation may make and carry into effect Power to agreements with the owners lessees or occupiers of any agree as to lands within the drainage areas of any of the reservoirs drainage of of the Corporation with reference to the execution by 20 the Corporation or such owners lessees or occupiers of such works as may be necessary for the purpose of draining such lands or any of them or for more effectually collecting conveying and preserving the purity of the waters by the Acts of 1873 to 1922 and this Order authorised to be 25 diverted collected and appropriated by the Corporation flowing to upon or from such lands directly or derivatively into such reservoir and works. 29.—(1) If in the opinion of the Corporation it shall Sheep be expedient in order to preserve the purity of the water washing or 30 which they are by the Acts of 1873 to 1922 and this Order dipping. authorised to take to prohibit the washing or dipping of sheep in any of the waters within the drainage areas of any of the reservoirs of the Corporation the Corporation shall have power to prohibit such washing or dipping of sheep 35 Provided that before the Corporation carry this provision into effect in respect of any place where it has been the practice to wash or dip sheep they shall give notice to the owners and occupiers of any such washing or dipping place by advertisement in a newspaper circulating in the 40 district in which such washing or dipping place is situate and shall also provide and maintain in the nearest convenient and available situation another suitable washing or dipping place and also a suitable folding place in the vicinity thereof. A.D. 1927. Power to acquire lands by (Water &c.) Order Confirmation. (2) Any person aggrieved by any prohibition issued by the Corporation under this section may within three months after the issue thereof appeal to the sheriff provided that he gives not less than fourteen days' notice of the appeal and of the grounds thereof to the 5 Corporation. (3) In the event of any such appeal the sheriff shall have power to cancel the prohibition or to allow the same unconditionally or subject to such conditions as to the area within which the same shall take effect or as to the 10 provision and maintenance of another suitable washing or dipping place or otherwise as he may think fit and to award costs which costs shall be recoverable as a civil debt. 30. The Corporation may from time to time for the 15 purposes of the water undertaking purchase by agreement in addition to the lands by this Order authorised to be agreement. acquired by compulsion any lands not exceeding in the whole twenty acres but nothing in this Order shall exonerate the Corporation from any action interdict or 20 other proceeding for nuisance in the event of any nuisance being caused or permitted by them upon any land purchased under the powers of this section and no house or building shall be erected on any such lands other than any houses or buildings which may be required in 25 connection with the water undertaking. Limiting powers of to abstract 31. The Corporation shall not construct any works for taking or intercepting water from any lands acquired Corporation by them unless the works are authorised by and the lands upon which the same are to be constructed are specified 30 in this Order or some other Order confirmed by or having the effect of an Act of Parliament or in some Act of Parliament. water. Period for 32. The powers of the Corporation for the compulsory compulsory purchase of lands for the purposes of this Order shall cease 35 after the expiration of four years from the commencement of this Order. purchase of lands. Period for of works. 33. If the works in this Order described are not completion completed within ten years from the commencement of this Order then on the expiration of that period the 40 powers by this Order granted to the Corporation for executing the same shall cease except as to so much thereof as is then completed. (Water &c.) Order Confirmation. servation of scenery. 34.-(1) In the execution maintenance and working A.D. 1927. of the works authorised by this Order all reasonable regard shall be had to the preservation as well for the For prepublic as for private owners of the beauty of the scenery 5 of the district in which the said works are situated and particularly but without prejudice to the generality of the above enactment provision shall be made by the Corporation (provided the proprietor and lessee (if any) of the land affected consent) that all broken ground 10 and mounds of surplus material and spoil arising from or in the course of the construction of the works shall as soon as and as far as practicable be sown down with grass seeds of a suitable variety or covered with other vegetation so that the same may not disfigure the 15 scenery. 20 (2) The Corporation shall not exhibit or permit to be exhibited any advertisements whether on hoardings or otherwise upon any lands purchased by them under the provisions of this Order. (3) If the Corporation wilfully fail to comply with any of the provisions of this section they shall be liable to a penalty not exceeding twenty pounds and to a further penalty not exceeding five pounds for every day during which such failure continues such penalties 25 to be recoverable by the Secretary of State as a debt due to the Crown is recoverable. 35 Midland and Railway 35. The following provisions for the protection of the For protecLondon Midland and Scottish Railway Company (herein- tion of after in this section called "the company ") shall unless London 30 otherwise agreed between the company and the Corpora- Scottish tion apply and have effect (that is to say):— (1) The Corporation shall not under the powers of Company. this Order take or acquire by compulsion any lands or property of the company but the Corporation may purchase and the company shall sell if required by the Corporation such servitude in under over or upon the lands property and works of the company as may be required for making maintaining repairing and renewing in accordance with the provisions of this Order the works by this Order authorised: (2) Before constructing any work under the powers of this Order or any subsequent repairs or renewals thereof in over under or affecting any 40 A.D. 1927. (Water &c.) Order Confirmation. of the railways works and property of the (4) The Corporation shall not without the previous (5) The Corporation shall pay to the company all |