Bute Docks Act 1865

JurisdictionUK Non-devolved
Citation1865 c. cccxxv
Year1865
ANNO VICESIMO OCTAVO & VICESIMO NONO
VICTORLE REGINiE.
Cap.
cccxxv.
An Act for the better Regulation and Management
of the Docks and other Works at and near to
Cardiff'of
the Trustees and others claiming under
the Will of the late Marquess of Bute, for autho-
rizing Arrangements with Railway and other
Companies; and for other Purposes.
\bth.July, 1865.]
W
HEREAS the Most Honourable John Crichton Stuart
late Marquess of Bute and Earl of
Dumfries,
now deceased,
(in this Act called the late Marquess,) in his Lifetime was
or claimed to be the Owner in Fee Simple of numerous and extensive
Lands, Estates, and Mines at Cardiff and elsewhere in the County of
Glamorgan, those Lands and Estates comprising, with others, the
Mud Lands or Tidal Lands on the Eastern Side of the River Taff
and adjoining to
Cardiff,
called respectively " the East Mud" and
" Cardiff Flats," the Foreshore there being, as he claimed, Parts of
the Demesne Lands of his Manors there, and he was largely interested
in the Prosperity of the Town and Port of Cardiff and the Neigh-
[Local.~] 58 C bourhood
5254 28°
&
29° VICTORIA,
Cap.cccxxv.
Bute Docks Act, 1865.
bourhood
thereof,
and in the Increase and Improvement of the Trade
and Commerce
thereof:
And whereas the late Marquess being desi-
rous at his own Expense to make and maintain a Ship Canal and
a Wet Dock and Basin and other Works at Cardiff for the Benefit of
the Trade and Commerce of the Town and Port and the Neighbour-
hood
thereof,
applied for and obtained the Act of the First Year of
11
G.
4.
&
William the Fourth, Chapter 133 (Local), intituled An Act for
cxxxiii
empowering
the
Marquis
of Bute
to
make and maintain a Ship Canal
commencing near the Mouth of the River Taff in the
County
of
Glamorgan, and terminating near the Town of
Cardiff,
with other
Works to
communicate
therewith,
(in this Act called " the Act of
1830,") and thereby the late Marquess, his Heirs or Assigns, or
other the Owner or Owners for the Time being of the Lands and
Grounds therein mentioned, were authorized to make and maintain a
Ship Canal, to be called "the Bute Ship Canal," for the Navigation
of Vessels, to commence at or near " the Eastern
Hollows,'''
at or near
the Mouth of the River
Taff,
and to terminate in Cardiff
Moors,
near to the Town of
Cardiff,
and also to construct and maintain a
Wet Dock or Basin at the Termination of the Ship Canal near the
Town, with Piers, Sluices, Locks, Wharfs, Quays, Cranes, and other
Works for Shipping, and Cuts, with Locks out of the Wet Dock or
Basin into the
Glamorganshire
Canal, and to supply Water to the
Dock and Works from the River Taff by a Watercourse (in this Act
called " the Feeder"), and to construct and maintain a Weir across
the River Taff at the Point where the Water should be taken there-
from, and to execute other Works, and to take Tonnage Rates and
Wharfage Rates in respect of Vessels and Goods resorting to the
Dock and Works, and where required (Section 71) to provide a Place
for the deposit of Ballast within One hundred Yards from the Edge
of the Water of the Ship Canal, Dock, or Basin without any Charge
for the same : And whereas by the Act of the Fourth Year of
William
4 & 5
W.
4.
the Fourth, Chapter 19 (Local), intituled An Act
to
alter,
amend,
and
C XIX
enlarge
the
Powers
of an Act
passed
in the First Year of His
present
Majesty
King William
the
Fourth,
intituled
An Act for
empowering the
Marquis of Bute to make and maintain a Ship
Canal,
commencing
near the Mouth of the River Taff in the
County
of Glamorgan,
and
terminating
near the Town of
Cardiff,
with
other
Works to
communi-
cate
therewith,
(in this Act called " the Act of 1834,") an Alteration
of the Line of the Feeder was authorized; and the late Marquess, his
Heirs or Assigns, or other the Owner or Owners, were authorized to
construct and maintain, at or near to the Southern End of the Wet
Dock or Basin, a Scouring Basin with Cuts, as they should think fit-:
And whereas under the Powers of the Acts of 1830 and 1834
respectively the late Marquess made the Wet Dock or Basin thereby
authorized, which is called " the Bute West Dock," with a Basin at
the
28° & 29° VICTORIA, Cap .cccxxv. 5255
Bute Docks Act, 1865.
the Entrance thereto and a Scouring Basin near thereto, but he did
not make or commence the making of the Ship Canal thereby
authorized, save so far as Part thereof was made by him by dredging
or excavating an Entrance Channel (in this Act called " the Entrance
Channel" ) from the Eastern
Hollows
to the Entrance Basin of the
Bute "West Dock, and in or near to the authorized Line of the Ship
Canal, and he buoyed the Entrance Channel
.
And whereas by an
Indenture dated the 20th Day of
February
1845, between the late
Marquess of the one Part and the Honourable Patrick James
Herbert Crichton Stuart (commonly called Lord
James
Stuart) and
Onesiphorus
Tyndall Bruce and James Munro
Macnabb
of the other
Part, (and which Indenture is in this Act referred to as "the late
Marquess Trust Deed,") the late Marquess conveyed all the
Harbours, Docks, Lands, and Hereditaments specified in the First
Schedule thereto, comprising the Bute West Dock and other the
Works made by the late Marquess under the Acts of 1830 and 1834
respectively, and all his Lands (including Tidal Lands or Mud Lands)
at and near to
Cardiff,
with the Appurtenances, unto Lord James
Stuart,
Onesiphorus
Tyndall
Bruce,
and James Munro
Macnabb,
and
their Heirs, upon the Trusts thereby declared
thereof,
being Trusts
for the Management of the Trust Estates as therein expressed; and
the late Marquess thereby declared and directed that the Trustees
thereof should keep in good working Repair, and also in their Discretion
enlarge, improve, and provide additional Wharfs, Docks, Works,
Buildings, and other Accommodation in and about the Ship Canal
called the Bute Ship Canal (meaning thereby the Entrance Channel),
and the Wet Dock or Basin at the Termination of the Canal, and the
Piers Sluices, Locks, Wharfs, Quays, Cranes, and other necessary
Works, Matters, and Things in and about the same, and which might
be necessary towards the using and working of the Harbour at the
Mouth of the Canal, and should superintend, manage, set, farm, let,
and improve, and maintain and collect and receive the Rents, Issues,
and Profits, Rates of Tonnage and other Rates, Wharfage Fines, and
other Monies payable in respect of the Harbour, and of all other the
Premises thereby conveyed, and also should carry
on
Negotiations and
Legal Proceedings, and grant Leases as therein expressed: And the
late Marquess thereby also directed that for all or any of those
Purposes it should be lawful for Lord James Stuart,
Onesiphorus
Tyndall Bruce, and James Munro Macnabb, and the Survivor of
them, and the Heirs of the Survivor and his Assigns, to make, to
execute and perform, or cause to be made, done, executed, and per-
formed all and every such Acts, Deeds, Matters, and Things in as full
and ample a Manner as the late Marquess, or other the Owner or
Owners of the Ship Canal, Harbour, Docks, and Appurtenances, or of
any other of the Lands and Premises were authorized and empowered
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