Guide to local government in counties and burghs : being a supplement to The parliament-house book.

Date:
1892
Catalogue details

Licence: Public Domain Mark

Credit: Guide to local government in counties and burghs : being a supplement to The parliament-house book. Source: Wellcome Collection.

Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.

    53/542 (page 19)
    and the contemplated improvement, and also a book of reference relative to the said plan specifying the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of such lands or premises proposed to be taken, defining m each case the particular lands or premises to be taken ; and the sheriff shall, upon any such petition being presented, direct intimation thereof, on fourteen days notice, to be given to the owners or reputed owners, lessees or reputed lessees, and occupiers of the respective lands or premises to be taken as aforesaid, and other^vise as the sheriff may dii-ect, and of the time, place, and subject of the inquiry to be held in reference thereto, and he shall, upon the expiry of such notice, make such inquiry into the several matters stated in the petition and relative plan, and shall have power to call for such information from the Commis- sioners and others as he may consider necessary, and to do all such matters and things as may be expedient for the purposes of the inquiry, and grant a deliver- ance in accordance with the prayer of the petition, or with such modifications or alterations as may appear to him to be requisite, or he may refuse to grant the prayer thereof ; and if power be granted to put in force the Lands Clauses Acts aforesaid, the Commissioners shall have the same rights in carrying out these Acts as if powers to that effect had been herein specially enacted so far as regards the lands and premises specified in the plans and proceedings, and in the deliver- ance of the sheriff aforesaid. It shall be lawful for any owner or occupier whose property may be affected, or for the Commissioners, if dissatisfied with the decision of the sheriff, to appeal to the Secretary for Scotland, who may order further inquiry or take such other step or steps as he may think desirable in the circumstances, and he may there- after issue an order either in accordance with the prayer of the application or with such modifications or alterations as may appear to him to be requisite, and may make such order as he thinks fit in reference to the cost, charges, and expenses incurred in relation to such order. Mejdtes and Accounts, Appointment op Clehk, Teeasubeb, AND Auditor. 61. Cleric to he appointed.—The Commissioners shall appoint a clerk for keep- ing the records of the proceedings of the Commissioners and their committees, and for performing the other duties required of him by this Act ; which records shall contain accurate minutes of the proceedings and orders of the Commissioners and their committees, and they, being signed by the preses of each respective meeting, or any copy or extract therefrom authenticated by the signature of the clerk, shall be received as evidence in all courts whatsoever, in any case or matter concerning this Act. 62. Clerk not to he concerned as agent, <tc., in a/ny prosecution under tliis Act.— No such clerk, or the partner of any such clerk, or any person in the employ of such clerk or of his partner, shall act as agent or solicitor in the trial of any offence in the police court ; and in the event of a contravention of this provision such clerk shall be thenceforth disqualified from holding any office whatever under this Act, and also from acting as a Commissioner under this Act. 63. Treasurer and collector to he appointed.—The Commissioners shall in like manner elect and appoint a treasurer and a collector to act during their pleasure ; and such collector and treasurer, before they shall be permitted to take iqjon them the execution of their olfice, shall respectively grant bond, with sufficient sureties, to the Commissioners, for their intromissions, and for the just and faithful execu- tion of their office, to such an amount as the Commissioners shall think reasonable; and any collector or treasurer who may be convicted of wilfully secreting or not