Kilmarnock Burgh Extension &c. Order Confirmation Act 1935

Publication Date:January 01, 1935
 
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Kilmarnock Burgh Extension, c. Order Confirmation Act 1935

(25 & 26 Geo. 5) c. lvi

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Kilmarnock Burgh Extension &c.

[2nd August 1935]

[25 & 26 Geo. 5.] Kilmarnock Burgh [Ch. lvi.] Extension &c. Order Confirmation Act, 1935. CHAPTER lvi. An Act to confirm a Provisional Order under a.d. 1935. the Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Kilmarnock Burgh Extension &c. [2nd August 1935.] W HEREAS a Provisional Order relating to the extension of Kilmarnock Burgh and other matters has after inquiry held before Commissioners been made by one of His Majesty's Principal Secretaries of State under the provisions of the Private Legislation Procedure 62 & 63 Vict. (Scotland) Acts 1899 and 1933 as read with the c. 47. Secretaries of State Act 1926 and it is expedient that the j;3 &_24 said Order should subject to amendment be confirmed by le^0^" Parliament: Geo. 5. c. 18 Be it therefore enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows: The Provisional Order so made which as amended Confirmation is set forth in the schedule hereunto annexed is hereby c£hduie.m confirmed. This Act may be cited as the Kilmarnock Burgh Short title. Extension &c. Order Confirmation Act 1935. [Price 4s. Od. Net] A 1 [Ch. lvi.] Kilmarnock Burgh [25 & 26 Geo. 5.] Extension d-c. Order Confirmation Act, 1935. a.d.1935. SCHEDULE. KILMARNOCK BURGH EXTENSION &c. Provisional Order to extend the boundaries of the burgh of Kilmarnock to empower the provost magistrates and councillors of the burgh to construct waterworks to confer further powers upon them with regard to their water and gas undertakings and public parks to authorise them to borrow money to make provision with respect to the local government health and finance of the burgh and for other purposes. WHEREAS the provost magistrates and councillors of the burgh of Kilmarnock (hereinafter referred to as "the Corporation") are the municipal and local authority for the burgh of Kilmarnock in the county of Ayr and are charged with the management and administration thereof: And whereas the lands available for the erection of dwelling-houses within the existing burgh are limited and it is necessary to provide for the erection of houses on lands outwith the boundaries thereof for the accommodation of persons employed therein and additional lands will be required for such purposes : And whereas the areas described in the First Schedule to this Order are situate in the county of Ayr and immediately adjoin the existing burgh and are supplied with water by the Corporation : And whereas the said areas include certain waterworks and other property belonging to the Corporation: And whereas it is expedient and would be for public and local advantage that the boundaries of the existing burgh should be extended and should include the said areas as by this Order provided and that all franchises rights privileges and immunities of and pertaining to the existing burgh and the powers and jurisdictions of the Corporation and all other powers and jurisdictions applicable within the existing burgh should as by this Order provided be extended to and be applicable within the burgh as extended by this Order and to t inhabitants thereof : 2 [25 & 26 Geo. 5.] Kilmarnock Burgh [Ch. lvi.] Extension &c. Order Confirmation Act, 1935. And whereas it is expedient that subject to the A.D. 1935. provisions of this Order the said areas should be separated and disjoined for the purposes of this Order from the county of Ayr and that subject to the provisions of the Local Government (Scotland) Act 1929 and of this Order all matters of administration and management and all jurisdictions powers functions and authorities within the said areas should devolve upon and be vested in the Corporation: And whereas it is expedient that the said areas should be added to certain existing wards of the burgh as in this Order provided: And whereas by virtue of the powers conferred by the Kilmarnock Water Acts 1892 to 1929 the Corporation have acquired and constructed waterworks and are authorised to supply water within the burgh the suburbs thereof and places adjacent comprehended within the parishes of Kilmarnock Riccarton Kilmaurs and Fenwick : And whereas it is expedient that the limits for the compulsory supply of water by the Corporation should comprise the burgh as extended by this Order that the Corporation should be empowered to construct additional waterworks and to acquire lands for the purposes thereof and that the further powers in this Order contained should be conferred upon the Corporation in relation to their water undertaking : And whereas by the Kilmarnock Gas Acts 1871 to 1932 and the Kilmarnock Gas (Charges) Order 1929 powers have been conferred on the Corporation for the acquisition and construction of gasworks and the Corporation are authorised to supply gas within the burgh and the parishes of Kilmarnock Riccarton and Kilmaurs : And whereas it is expedient that the powers in this Order contained should be conferred upon the Corporation in relation to their gas undertaking : And whereas the late Alexander Kay by his trust disposition and deed of settlement dated the fifth day of February one thousand eight hundred and sixty-four and recorded along with a codicil thereto dated the first day of November one thousand eight hundred and sixty-four in the books of council and session at Edinburgh on the sixteenth day of March one thousand eight hundred and sixty-six directed his testamentary trustees to set aside A2 3 [Ch. lvi.] Kilmarnock Burgh [25 & 26 Geo. 5.] Extension &c. Order Confirmation Act, 1935. A.D. 1935. from his means and estate therein conveyed to them a sum of ten thousand pounds sterling to be applied in the purchase of ground in the immediate neighbourhood of Kilmarnock for a public park in its formation and in the investment of such sum as might be necessary to yield an income for its maintenance and to convey the said park and the said investment to permanent trustees and guardians (hereinafter referred to as " the Kay Park Trustees ") to be held in perpetuity for the sole use and benefit of the inhabitants of Kilmarnock : And whereas by the Kilmarnock Municipal Extension and Improvement Act 1871 provision was made for the acquisition of land for the purposes of such park and the Corporation the said testamentary trustees and the Kay Park Trustees were empowered to enter into agreements with reference to the purchase formation and maintenance thereof and the Corporation were authorised to contribute thereto : And whereas the said park was duly formed and laid out and has since been maintained by the Kay Park Trustees out of the annual income arising from the fund remaining in their hands and of contributions from the Corporation : And whereas it is expedient to provide for the transfer to and vesting in the Corporation of the said park as a public park and for the discharge of the Kay Park Trustees : And whereas the Burns Monument situated in the Kay Park is vested in the Corporation in trust for the use and behoof of the community of the burgh and it is expedient to provide for its transfer to the parks department of the Corporation : And whereas it is expedient to enable the Corporation to feu part or parts of the lands of Annanhill and Loanfoot purchased by them under the Public Parks (Scotland) Act 1878 : And whereas it is expedient to provide for the transfer of the Galahill hostel from the common good to the Corporation as the local authority under the Public Health (Scotland) Acts 1897 to 1907 and for the application of certain moneys in the hands of the Corporation and forming the funds of the organ trust in manner provided by this Order : 4 [25 & 26 Geo. 5.] Kilmarnock Burgh [Ch. lvi.] Extension &c. Order Confirmation Act, 1935. And whereas it is expedient that further provision a.D. 1935 should be made with reference to the removal and disposal of refuse weights and measures sale of coal and other solid fuel and the local government and health of the burgh : And whereas it is expedient that the Corporation should be authorised to borrow money for the purposes in this Order mentioned: And whereas estimates have been prepared by the Corporation for and in relation to the purposes hereinafter mentioned in respect of which they are by this Order authorised to borrow money and such estimates are as follows : Waterworks £ Purchase of lands and servitudes - - 100 Weir (Work No. 1) 220 Intake (Work No. 2) .... 400 Subsidiary works - - - - - 130 And whereas the works included in such estimates are permanent works and it is expedient that the cost thereof should be spread over a term of years : And whereas it is expedient to make further provision with regard to the finances of the Corporation : And whereas it is expedient that the further provisions contained in this Order should be enacted : And whereas plans and sections showing the lines and levels of the works authorised by this Order with a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands and other property required or which may be taken for the purposes or under the powers of this Order have been deposited with the sheriff clerk of the county of Ayr and such plans sections and book of reference are in this Order respectively referred to as the deposited plans sections and book of reference : And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Acts 1899 and 1933 : Now therefore in pursuance of the powers contained in the last-mentioned Acts as read...

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