A.D. 1926. Short title and commencement of Order. Interpreta tion of terms. Extension Order Confirmation. And whereas it is expedient that the other provisions in this Order contained should be enacted: And whereas the purposes aforesaid cannot be effected without an Order of the Secretary for Scotland confirmed by Parliament under the provisions of the 5 Private Legislation Procedure (Scotland) Act 1899: Now therefore in pursuance of the powers contained in the last-mentioned Act the Secretary for Scotland orders as follows: 1. This Order may be cited for all purposes as the 10 North Berwick Burgh Extension Order 1926 and shall come into operation on the date of the passing of the Act confirming the same (except as otherwise expressly provided) which date is hereinafter referred to as "the commencement of this Order. " 2. In this Order unless there be something in the subject or context inconsistent with or repugnant to such construction: 151 (a) The several words and expressions to which (b) The following expressions shall in this Order 25 "The existing burgh" means the burgh of "The burgh" means the burgh of North Berwick as extended by this Order; "The district annexed" means the area annexed to the existing burgh by this Order; 35 "The Town Council" means the provost magistrates and councillors of the existing burgh or of the burgh as the case may be; 5 10 15 20 25 30 Extension Order Confirmation. "The magistrates" means the magistrates A.D. 1926. of the existing burgh or of the burgh as the case may be; "The Dean of Guild Court" means the Dean of Guild Court of the existing burgh or of the burgh as the case may be; "The town clerk" means the town clerk of the existing burgh or of the burgh as the case may be and includes any deputy acting for him; "The county" means the county of East Lothian ; "The county council" means the county council of the county and includes any district committee thereof; "The sheriff" means the sheriff of the Lothians and Peebles and includes any of his substitutes in the county; "The sheriff clerk" means the sheriff clerk of the county; 3. From and after the fifteenth day of May one Extension thousand nine hundred and twenty-six the municipal and of boundaries. police boundaries of the existing burgh shall be and are hereby extended to and shall include and comprehend the 35 existing burgh and the district annexed and the burgh shall be comprised within the limits and boundaries set forth and described in the Schedule to this Order Provided that the description of the said boundaries shall be subject to the rules of construction in section 5 of the 40 Representation of the People (Scotland) Act 1832. A.D. 1926. burgh. Extension Order Confirmation. 4. A map of the burgh of which eight copies have been signed by the Right Honourable the Earl of LiverMap of the pool chairman of the commissioners to whom this Order was referred shall within one month after the commencement of this Order be deposited as follows (that is to say) 5 one copy in the office of the Secretary for Scotland one copy with the town clerk at his office one copy with the sheriff clerk at his office in Haddington one copy with the Board of Trade one copy with the Commissioners of Customs and Excise one copy with the Ministry of 10 Agriculture and Fisheries one copy with the Electricity Commissioners and one copy in the office of the Minister of Transport If there be any discrepancy between the said map and the description in the Schedule to this Order the said map shall be deemed to be correct and shall prevail. 15 District annexed disjoined from county. Transference of works in district annexed. Roads &c. in district annexed. 5. From and after the fifteenth day of May one thousand nine hundred and twenty-six the district annexed shall be and the same is hereby for the purposes of this Order disjoined from the county. 6. All lands sewers drains and pipes within the district 20 annexed belonging to or vested in the county council and all powers rights duties revenues and jurisdictions and obligations connected therewith shall from and after the fifteenth day of May one thousand nine hundred and twenty-six be and the same are hereby transferred from 25 the county council and any district committee or other committee thereof and are hereby vested in the Town Council and the said property and rights revenues and obligations connected therewith shall subject to the provisions of this Order and to the provisions of the 30 Police Acts and the Public Health Acts be held used managed and maintained with the same rights duties revenues jurisdictions and obligations attached thereto by the Town Council as when vested in and belonging to the county council or any district committee or other 35 committee thereof and the Town Council may use such works hereby vested in them in connection with any works in the burgh. 7. The roads streets bridges foot pavements and footpaths within the district annexed so far as the same 40 are vested in the county council or other public authority shall from and after the fifteenth day of May one thousand nine hundred and twenty-six be transferred to Extension Order Confirmation. and vested in and be managed maintained and repaired A.D. 1926. by the Town Council along with and in the same way and manner and to the same extent as the roads streets bridges foot pavements and footpaths within the existing 5 burgh and the county council or other public authority shall be freed and relieved of the repair and maintenance of all such roads streets bridges foot pavements and footpaths so far as within the district annexed in all time coming. 10 pavements 8. Nothing in this Order contained with respect to Saving the vesting of roads streets sewers bridges foot pavements rights in and footpaths within the district annexed shall prevent roads foot any superiors owners or other persons by whom or by footpaths whose predecessors the same shall have been formed from sewers and 15 recovering the cost or any proportion of the cost of drains. forming the same from feuars or other persons under any agreements made between the said parties respectively. vested in Town 9. Subject to the provisions of this Order all property Property heritable and moveable (including all means revenues of existing 20 and income of every description arising therefrom) burgh belonging to or leviable within the existing burgh or to which the existing burgh is entitled or which is held or Council. administered by any person for or on behalf of the community of the existing burgh or for the public ends 25 and purposes thereof shall as from the fifteenth day of May one thousand nine hundred and twenty-six be and the same is hereby vested in and shall be held by the Town Council for the behoof and benefit of the burgh or as the case may be administered by such person for or on 30 behalf of the community of the burgh or for the public ends and purposes thereof and all debts and obligations due by or exigible from the existing burgh shall be due by and exigible from the burgh and all debts due to the Town Council of the existing burgh by any person 35 prior to the fifteenth day of May one thousand nine hundred and twenty-six may be demanded and recovered from such person and received and applied by the Town Council for behoof of the burgh. rities to 10. Subject to the provisions of this Order all Powers of 40 jurisdictions rights powers and authorities heretofore local authoexercised or exercisable by the county council or any cease in committee thereof or other local authority within or over district the district annexed or any part or parts thereof (with annexed. Extension Order Confirmation. A.D. 1926. the exception of such jurisdictions rights powers and authorities (if any) as are presently exercised by the county council or any committee thereof or other local authority other than the Town Council within the existing burgh or any part thereof) shall cease and 5 determine from and after the fifteenth day of May one thousand nine hundred and twenty-six. Electricity area of supply. As to water supply of burgh. Assessments on burgh. Public and local Acts to apply to extended burgh. of this 11. From and after the commencement Order the area of supply of electricity by the Town Council shall be the burgh. 12. The limits for the compulsory supply of water by the Town Council shall from and after the fifteenth day of May one thousand nine hundred and twenty-six be the burgh. 10 13. Every rate charge or assessment (except such 15 rates or assessments as are presently requisitioned for or levied and collected by the county council or the parish council within the existing burgh or any part thereof) authorised to be requisitioned for or levied and collected by the county council or other local 20 authority having jurisdiction over the district annexed or any part or parts thereof but which shall not have been actually imposed previous to the fifteenth day of May one thousand nine hundred and twenty-six shall on that date cease and determine within the district 25 annexed and thereafter all assessments and rates leviable within the existing burgh by the Town Council shall thenceforth be leviable on and within the burgh in the same way and manner as the same are leviable on and within the existing burgh Provided always that the 30 Town Council shall on or before the fifteenth day of January one thousand nine hundred and twenty-seven pay to the county council such sum as may represent the proportion effeiring to the period between the fifteenth day of May one thousand nine hundred 35 and twenty-six and the commencement of this Order of the product of the assessments which the county council would have levied in the district annexed for the year ending Whitsunday one thousand nine hundred and twenty-seven. 14. From and after the fifteenth day of May one thousand nine hundred and twenty-six the Burgh Police Acts and all other Public General Statutes and all local 40 |