Belfast Port and Harbour Conservancy Act 1852

Publication Date:January 01, 1852
 
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Belfast Port and Harbour Conservancy Act 1852

(15 & 16 Vict.) c. cxxi

An Act for making further Provision for the Conservancy of the Port and Harbour of Belfast, for conferring additional Powers on the Belfast Harbour Commissioners, and for other Purposes.

[30th June 1852]

ANNO DECIMO QUINTO & DECIMO SEXTO VICTORLE REGIN^. Cap. cxxi. An Act for making further Provision for the Con servancy of the Port and Harbour of Belfast, for conferring additional Powers on the Belfast Harbour Commissioners, and for other Pur poses. [30th June 1852.] W HEREAS by " The Belfast Harbour Act, 1847," certain Persons therein named, and their Successors, were ap pointed One Body Corporate and Politic for carrying into execution the Purposes of the said Act, and as such to have perpetual Succession, to sue and be sued and called and known by the Name of " The Belfast Harbour Commissioners," and by that Name to hold Lands, Tenements, and Hereditaments, and have a Common Seal: And whereas the Improvements and new Works contemplated and referred to by the said "Belfast Harbour Act, 1847," or so much thereof as the said Commissioners considered necessary, have since the passing of the said Act been executed, and large Sums of Money have been expended in completing the same, and in otherwise improv ing the Port and Harbour of Belfast: And whereas it is expedient, [Local] 20 Q for 1810 15 & 16 VICTORIA, Ca/ . cxxi. The Belfast Port and Harbour Conservancy Act9 1852. for the better Preservation of the said Port and Harbour, and of the Navigation thereof, and of the Works executed therein, to vest in the said Commissioners the Powers given by this Act: And whereas the Limits of the said Port and Harbour, so far as the Jurisdiction of the said Commissioners over the same is concerned, are defined by the said " Belfast Harbour Act, 1847," as extending from the First Weir across the River Lagan near Annadale in the County of Down to Carrichfergus in the County of Antrim Side of the Lough of Belfast, and to the Grey Point on the Coast of the County of Down; And whereas it is expedient that the Commissioners should be empowered to contract and agree for the Purchase of or Extinguishment of Rights or Claims in, on, or to the Shore or Mud Banks of and in the said Port and Harbour, and that they should also be empowered to grant Leases and make Exchanges of Parts of their Corporate Estates, but the Purposes aforesaid cannot be effected without the Authority of Parliament: May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen'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, in manner following ; (that is to say,) Provisions of I. That so much of " The Lands Clauses Consolidation Act, 1845," 8 t$f Vld*' as re^ates to ^e " Purchase of Lands by Agreement," and the Clauses io&liVict. in "The Harbours, Docks, and Piers Clauses Act, 1847," with c 27. ex- respect to Life Boats, shall be incorporated with and form Part of th"s Act. this Act: Provided always, that nothing in this Act or in the said " Harbours, Docks, and Piers Clauses Act" contained shall extend or be construed to extend to compel the Commissioners to provide or keep any Life Boat, Mortar, or Rockets, or any Tide or Weather Gauge, until they shall be required so to do by the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, in Writing under the Hand of the Secretary of the Admiralty; and upon any such Requisition being made the Clauses relating thereto contained in the said Harbours, Docks, and Piers Clauses Act shall, as regards this Act, be in full Force. Interpret*- II. That in this Act the Expression " Port and Harbour of Terms. Belfast" shall be held to apply to and include all Rivers, Streams, Pools, Mud Banks, Inlets, Havens, Landing Places, Docks, Piers, and Quays lying within the Limits of the Commissioners Jurisdiction, as defined by " The Belfast Harbour Act, 1847," and the Expression " the Commissioners " shall mean the Belfast Harbour Commissioners, unless there be something in the Subject or Context repugnant to such Construction. III. That 15 & 16 VICTORIA, Cajj.cxxl 1811 The Belfast Port and Harbour Conservancy Act, 1852. III. That in citing this Act in other Acts of Parliament, and in Short Title legal Instruments, it shall be sufficient to use the Expression " The Belfast Port and Harbour Conservancy Act, 1852." IV. That the Commissioners for carrying into execution the Pro- As to Provisions of this Act shall be the Belfast Harbour Commissioners, and ^ Com- their Proceedings under this Act shall be transacted and done at the missioned. Ordinary Meetings of the said Commissioners, and shall be regulated by the same Rules, Regulations, and Order of Proceedings as are prescribed by the " Belfast Harbour Act, 1847." V. That it shall be lawful for the Commissioners by Writing under Power to ap-their Corporate Seal, with the Consent and Approbation of the Lord Pointactlg High Admiral or the Commissioners for executing the Office of Lord High Admiral, by Writing under the Hand of their Secretary, for that Purpose first had and obtained, to appoint an acting Conservator for the Purposes of this Act, and from Time to Time, with the like Consent and Approbation as aforesaid, but.not otherwise, to suspend or remove such acting Conservator, and to appoint another in his Room, and such acting Conservator shall once at the least in every Year, and at such other Time or Times as he shall be required by the Commissioners or by the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral for the Time being, by Writing under the Hand of the Secretary of the Admiralty, survey and inspect the said Port and Harbour within the Limits aforesaid, and report to the Commissioners or the before-named Officers of the Crown upon the State of the Navigation thereof, specifying all the Impediments, Encroachments, Nuisances, and Annoyances in, upon, or affecting the same, and when and by whom or from what Cause such Impediments, Encroachments, Nuisances, and Annoyances have been created or have arisen : Provided always, that in the event of the Death or Resignation of such acting Conservator it shall be lawful for the said Commissioners, with the like Consent and Approbation of the Lord High Admiral or the Commissioners for executing the Office of Lord High Admiral, so obtained and testified as aforesaid, to appoint another in his Room; provided further, that the Commissioners shall and they are hereby required, at least Fourteen Days prior to any Application being made to the Lord High Admiral or the Commissioners for executing the Office of Lord High Admiral for their Consent and Approval as aforesaid, to cause Notice of the Name and Residence and Description of the Person proposed to be nominated and appointed to be the acting Conservator to be inserted in Two Newspapers published in Belfast; provided nevertheless, that nothing herein, or in " The Belfast Harbour Act, 1847," contained, shall be construed or taken to prevent the Commissioners, with such Consent and Approbation as 1812 15 & 16 VICTORLE, Cap.cxxl The Belfast Port and Harbour Conservancy Act, 1852. as aforesaid, irom nomi Master Belfast Harbour Act, 1847," to be such acting Conservator. Commis- VI. That it shall be lawful for the Commissioners from Time to enHr 'per- Time if they shall see Occasion, and for such Length of Time as they sons to assist shall think fit, to employ or authorize the Employment of any other acting Con- Person or Persons to assist the said acting Conservator in the Execution of the aforesaid Duties of his Office, and that the chief Clerk or Secretary of the Commissioners shall keep the Minute Books and Records...

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