The following provisions shall unless otherwise agreed on in writing between Henry Callander esquire of Prestonhall in the County of Midlothian or his successors in estate and the provost magistrates and councillors of the burgh of Tranent on the one part (in this Section referred to as the "first party") and the Board on the other part (in this Section referred to as the "second party") apply and have effect (that is to say):—
(2) The Town Council of Tranent shall notwithstanding anything in this Order contained be entitled to give a supply of water to the exempted subjects and for or towards this purpose shall have the use of the existing two-and-a-half inch cast iron pipe leading from the main pipe on the Tranent and Ormieton Road to Strawberry Lane, Elphinstone, without any pay- ment to the Board therefor. The rights of the Board in and to the said two-and-a-half inch pipe between the places mentioned shall be and are hereby accordingly transferred to the first party. The first party shall give up any interest or right in the said two-and-a-half inch pipe through the village of Elphinstone west of Strawberry Lane:
(3) Until such time as the Board lay a new pipe for the purpose of supplying the village of Elphinstone and other subjects within their area to take the place of the two-and-a-half inch pipe transferred by this Section to the first party, the Board shall be entitled to use the said two-and-a-half inch pipe throughout its whole length provided and so long as they afford to the said farms of North and South Elphinstone a free supply of water.