United Kingdom House of Lords Decisions

This Order was promoted by the Provost, Councillors, and Magistrates of Galashiels to obtain powers to construct a new system of drainage and purification works for the burgh. Powers were also sought to include within the burgh boundaries the site of the proposed purification works, being a piece of ground extending to 31 acres, partly agricultural and partly waste land, lying in immediate proximity to the burgh. There was no opposition to the preamble, but a report was put in under section 11 (3) of the Private Legislation Procedure Act by the County Council of Roxburgh objecting to the Order on the grounds that the proposed annexation was not necessary for the purposes of the Order and that the reporters would be prejudiced by loss of rateable area and in respect of capital sums laid out in connection with the construction of a bridge partly within the area. Evidence was led for the promoters and an explanation made that the usual clauses for the adjustment of property liabilities between the two authorities concerned had been inserted in the Order. The Commissioners found the preamble proved. On clauses certain provisions were inserted in the Order to protect the interests of the Tweed Commissioners in the case of temporary discharges of effluent direct into the river Gala being necessitated either during repair of the works or during floods.

Heard in Edinburgh 25th July 1907.