Dundee Harbour Act 1843

Publication Date:January 01, 1843
 
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Dundee Harbour Act 1843

(6 & 7 Vict.) c. lxxxiii

An Act for altering and amending the Dundee Harbour Acts; and for more effectually maintaining, improving, and extending the Harbour of Dundee; and for other Purposes connected therewith.

[28th July 1843]

ANNO SEXTO & SEPTIMO VICTORLE REGIN^ ^*^***^*^*^^**^^^^^^^*^*^*^*-**^^***^^^^**^^^-*-*^*^^ Cap. Ixxxiii. amending the Dundee An Act for altering' and Harbour Acts; and for more effectually main taining, improving, and extending the Harbour of Dundee; and for other Purposes connected therewith. [28th July 1843.] HEREAS an Act was passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled An Act for more effectually maintaining, improving^ and extending the Harbour of Dundee And whereas another in the County of Forfar: the Sixth Year of the Act was passed in Reign of His late Majesty King William the Fourth, intituled. An Act to alter, amend, and extend the Powers of an Act passed in the Eleventh Year of the Reign of His late Majesty, for more effectually maintaining, improving, and extending the Harbour of Dundee in the County of Forfar : And whereas the Trustees under the said recited Acts were authorized to construct and maintain certain Works re- - quired for the Improvement of the said Harbour, and for the Convenience of the Trade thereof, and for these and the other Purposes of the said Acts to borrow the Sum of Two hundred and thirty thousand Pounds: And whereas it is necessary, for the Protection of the Works already constructed, and the further Improvement of the: said Harbour, that the said Trustees should be authorized to con-. struct the additional Works herein-after mentioned, and for that Puiv pose, and for more fully carrying into effect the Purposes of the said: [Local.*] recite 29 X n G.4. & iW.i c.119. 6&7W.4. c. 61. 2658 Recited Acts, except where altered, ex tended to this Act. 6 & 7 VICTORIA, C^.lxxxiii. the recited Acts, that they should be authorized to borrow a further Sum of Money, and that further and additional Powers should be given to the said Trustees, and that the said recited Acts should be altered and amended; but the same cannot be done without the Aid and 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, That the said recited Acts, and all the Powers, Provisions, Directions, Penalties, Forfeitures, Payments, Exemptions, Remedies, Clauses, Matters, and Things therein respectively contained, (except so far as the same have already been or shall by this Act be repealed, altered, or otherwise provided for, or as are inconsistent with the Provisions thereof,) shall be of full Force and Effect, and shall extend to this Act, as fully and effectually, to all Intents and Purposes whatsoever, as if the same were repeated and re-enacted in Body of this Act. Provisions of recited Acts relating to the Appointment of Trustees repealed, and new Appointments made. II. And be it enacted, That so much of the said recited Acts as relates to the Nomination or Appointment of Trustees for executing the Purposes thereofj and the Time of their Election, shall be and the same is hereby repealed ; and that from and after the passing of this Act the Provost, Four Bailies, the Dean of Guild of the Royal Burgh of Dundee, and the Box-master of the Fraternity of Masters and Seamen of Dundee, all for the Time being, (each of which Persons shall be deemed to be official Trustees,) together with Fourteen other Persons, to be nominated and chosen annually in manner herein-after provided, (that is to say,) One Person, being a Common Councillor of the Burgh of Dundee, to be elected by the Town Council of the said Burgh, Five Members of the Guildry Incorporation of Dundee, to be elected by the said Incorporation, Three Members of the Nine Incorporated Trades of Dundee, to be elected by the said Nine Trades, One Member of the Three United Trades of Dundee, to be elected by the said Three Trades, and Four Persons possessed of Landed Property in the County of Forfar, rated in the Cess Books thereof at One hundred Pounds Scots at the least, to be chosen by the said County, shall be and they are hereby constituted and appointed Trustees for the Purpose of carrying the said recited Acts and this Act into execution, and accomplishing the Objects therein specified; and the Fourteen first non-official Trustees shall be the following Persons; (videlicet,) Sir John Ogihy of In-verqiiharity, Baronet, David Hunter of Blackness, Alexander Clay* hills of I?2vergowrie, William Douglas Dick of Pitkerro, James Brown, John Sturrock, Thomas Neish, David Baxter* Thomas P'owrie\ Alexander Martin, James Murray, Alexander Broxvn, JDavid Scott) and David Loxv; and the said Trustees shall continue in Office until the Third Monday of November in this present Year One thousand eight hundred and forty-three, when they shall go out of Office, and their Places shall be supplied by Fourteen Trustees, to be elected in manner herein-after provided, who shall remain in Office until the Third Monday of November One thousand eight hundred and forty-four, when the Fourteen last-mentioned Persons so elected 6&7VICTORIiE, CapAxxxiil elected shall go out of Office, and their Place be supplied by the like Number of Persons to be elected in manner herein-after provided, and so on yearly on the Third Monday of November in all Time thereafter the Fourteen non-official Trustees elected for the preceding Year shall go out of Office, and Fourteen Trustees shall be elected in manner herein-after provided to supply their Places: Provided always, that every Trustee about to go out of Office as aforesaid shall, if otherwise duly qualified, be at all Times eligible to be re-elected. 2659. Council. ; III.. And be it enacted, That upon the Day in this, present Year Election of appointed for the Election of Magistrates under an Act passed in one Trustee the Third and Fourth Years of the Reign of His late Majesty King from rwn William the Fourth, intituled An Act. to alter and amend the: Laws for the Election of Magistrates and Councils of the Royal Burghs in Scotland, the Town Council of Dundee shall nomi-, Bate and elect, in the Manner usually observed by them, One Person, being a Common Councillor of the Burgh, to be a Trustee under this Act for the Year next ensuing, and annually thereafter upon the Day appointed by the said Act for the Purpose aforesaid the said Town Council of Dundee shall nominate and elect One Person, being a Common Councillor of the Burgh, to be a Trustee under this Act for the Year then ensuing, who shall come into Office on. the Third Monday of November. i Election or Five Trustees from the Guildry. Three from Nine Trades and One from Three-United Trades. \ IV. And be it enacted, That the Dean of Guild,' the Convener of the Nine Incorporated Trades, the Convener of the Three United Trades, or the Preses or Chairman of the said several Bodies for the Time being, shall.call General Meetings of the said Guildry Incorporation, Nine Incorporated Trades, and Three United Trades, respectively, after Seven free Days previous Advertisement in One or more Newspapers published in Dundee, to be held on the Wednesday immediately preceding the Third' Monday of November^ One thousand eight hundred and forty-three, within their respective Halls, or such other Places of Meeting as the said respective Bodies or Incorporations from Time to Time shall fix and determine ; and such Meetings shall respectively there, between Eleven in the Forenoon and Twelve of the Clock at Noon, put in nomination such Number of Persons, being Members of the said Guildry Incorporation, Nine Incorporated Trades, and Three United Trades, respectively, as to each respective Meeting shall seem proper, to be Candidates for the Office of Trustee on behalf of the said respective Incorporations for the Year then ensuing; and in case Five Candidates only for the said.Guildry Incorporation, Three Candidates for the said Nine Incorporated Trades, and One Candidate for the said Three United Trades, respectively, shall be nominated, the Persons so nominated shall be forthwith declared by the Preses or Chairman of the respective Meetings to be duly elected Trustees under this Act for the Year then next ensuing; but in case the Number of Persons put in nomination shall exceed the Number of Trustees to be elected X by the said Guildry Incorporation, Nine Incorporated Trades, or Three United Trades, respectively, the Meetings of such of the said In cor- 2660 6 & 7 VICTORIA, Ckp.lxxxiii. Incorporations at which the Number of Candidates shall be greater than the Number of Trustees to be elected by such Incorporation shall, immediately on the Nomination of the Candidates being comv pleted, proceed to elect by the Majority of Votes from amongst the Candidates then proposed, and in the Manner usually observed by them in all Cases of the Election or Appointment of Persons to represent them in any separate Trust or Institution, the Number of Trustees under this Act herein-before prescribed to be elected by the" said Bodies or Incorporations respectively, and so on annually upon; the said Wednesday immediately preceding the Third Monday of November in all Time thereafter similar Elections shall take place; provided always, that previous Notice of the said Meetings for the Election of Trustees shall be given as aforesaid; and the Trustees to be so elected annually by the said Guildry Incorporation, Nine Incorporated Trades, and Three United Trades, respectively, shall come into Office on the Third Monday of November, and remain in Office for One Year ; provided that no Bankrupt or notour In-solvent shall be capable of being or of continuing to act as a Trustee under this...

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