United Kingdom House of Lords Decisions

Subject_Provisional Order — Water — Burgh — Trade Supply of Water. Headnote:

This Order was promoted by the Town Council of Motherwell, promoters, for the purpose of obtaining powers to take by pumping a supplementary supply of water to the extent of 5,000,000 gallons a-day from the Clyde. It was opposed by the Caledonian Railway Company and the Lanarkshire Tramways Company, objectors. The water was wanted for trade purposes only, chiefly for certain large works engaged on munition and Government work, and its being obtained would enable the promoters to give to the Middle Ward District Committee, who were pending the completion of works in need of water for similar purposes, a supply from their existing water-works. The distribution scheme for trade purposes was distinct from the domestic supply of the burgh. The estimated cost of the works was t £50,000, of which £15,000 was being found by the Ministry of Munitions, and £12,000 by certain large manufacturers. The balance of £33,000 it was proposed should be repaid in fifty years, but this term was reduced to thirty-five. The objections eventually came to be questions of clauses.

The Commissioners found the preamble proved, but stated that they did so only because of the special circumstances of national emergency, and that they considered the Order should not be regarded as a precedent.

Clauses were inserted for the protection of the Caledonian Railway Company and the Lanarkshire Tramways Company, and also one to prevent the promotors supplying this water as a domestic supply.