Dundee Harbour Act 1856

Publication Date:January 01, 1856
 
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Dundee Harbour Act 1856

(19 & 20 Vict.) c. xi

An Act for effecting certain Alterations in the Works of the Tidal Harbour of Victoria Dock at Dundee, and for other Purposes in relation to the Harbour of Dundee.

[5th June 1856]

ANNO DECIMO XONO VICTORLE REGINtE. Cap. xi. An Act for effecting certain Alterations in the Works of the Tidal Harbour of Victoria Dock at Dundee, and for other Purposes in relation to the Harbour of Dundee. [5th June 1856.] W HEREAS Three Acts are now in force respecting the Harbour of Dundee; namely, an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled An Act for more effectually maintaining, improving, n G.-4. & and extending the Harbour of Dundee in the County of Forfar; c 'ix' an Act passed in the Sixth Year of the Reign of His late Majesty King William the Fourth, intituled An Act to alter, amend, and 6&7W.4. extend the Powers of an Act passed in the Eleventh Year of the Reign clxi- of His late Majesty, for more effectually maintaining, improving, and extending the Harbour of Dundee in, the County of Forfar; and an Act passed in the Sixth and Seventh Years of the Reign of Her present Majesty, intituled An Act for altering and amending the Dundee 6 & 7 Vict. Harbour Acts, and for more effectually maintaining, improving, and c- lxxxlii- extending the Harbour of Dundee, and for other Purposes connected therewith: And whereas under the said Acts Powers were granted [Local.] D d to 106 19 VICTORIA, Cap.xi. The Dundee Harbour Act, 1856. to the Trustees acting thereunder to improve and maintain the said Harbour, to take certain Rates and Duties thereat, and to borrow, upon the Security of such. Rates and Duties, and of the other Revenues of the said Harbour and Works connected therewith, certain Sums of Money amounting in the aggregate to the Sum of Two hundred and fifty thousand Pounds: And whereas the said Trustees (herein-after styled " the Trustees ") borrowed on the Security aforesaid the whole of the Sums so authorized to be borrowed, and applied the same towards the Purposes of the said Harbour; but under the Provisions of the said Acts have paid off a Portion of the Amount so borrowed, so that the Sums now due and owing on the Security aforesaid, and on account of Loans and Advances, amount to the Sum of One hundred and eighty-four thousand three hundred and fifteen Pounds, or thereabouts: And whereas it would greatly improve the said Harbour, and be of Advantage to the Shipping frequenting the same, and to the Trade and Commerce of Dundee, if certain Alterations and Variations from the original Plan were made in and about the Tidal Harbour thereof, known as the Tidal Harbour of Victoria Dock: And whereas the Trustees have deposited in the Office of the Principal Sheriff Clerk of the said County of Forfar in Dundee a Plan and Section, prepared by Charles Ower, their Engineer, showing the Nature and Extent of such Alterations, together with a Book of Reference to such Plan : And whereas it is expedient that certain of the Provisions of the said recited Acts should be amended; but these several Objects cannot be effected 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, as follows Powers to make Alterations as described on Plan and Section. I. That it shall be lawful for the Trustees, upon the Lands described in the said Book of Reference, to make and maintain the Works as laid down on the said Plan, and according to the Levels shown on the said Section ; and such Works shall be deemed and taken to be a Part of the Harbour of Dundee, and shall be subject to the Provisions of the said recited Acts and this Act; and the Trustees shall have Power from Time to Time to construct, erect, lay down, and maintain thereupon all such and the like Buildings, Sheds, and other Works and Conveniences for receiving, storing, protecting, weighing, and transporting Goods, Wares, and Merchandises as they are authorized to construct, erect, lay down, and maintain upon the Works authorized to be constructed by the said recited Acts ; and they may fix, demand, and levy the like Rates and Duties for the Use of such several Buildings, Sheds, and other Works and Conveniences as by the said recited Acts 19 VICTORIA, Cap.xl 107 The Dundee Harbour Act, 1856. Acts thej are authorized to fix, demand, and levy for the Use of the same Description of Buildings, Sheds, and other Works and Conveniences. II. That the Sheriff Clerk of the said County of Forfar for the Plandepo- Time being shall keep the Plan and Section deposited as aforesaid, ^o'Sheriff and shall permit all Persons to inspect such Plan and Section at reason- Clerk to re- able Times, and shall make out Copies of and Extracts from the same main there, for all Persons requiring such Copies or Extracts, on being paid One to Inspec- Shilling for every such Inspection, and after the Rate of Sixpence for tl0n- every One hundred Words of any such Copy or Extract; and a Copy or Extract from any such Plan or Section certified by the said Sheriff Clerk for the Time being shall be received in Evidence in all Courts of Justice or elsewhere as Evidence of the Contents thereof. III. That upon the Expiration of Ten Years after the passing of Limiting this Act, all the Powers by this Act granted to the Trustees for Jime ff. i itt i i-i i-i i i Completion making the Works by this Act authorized, or otherwise in relation 0f Works. thereto, shall cease to to be exercised, except as to such Parts of the same as shall then be completed. IV. That from and after the passing of this Act, any Obligation Abandon- imposed on the Trustees to complete the Works of the said Tidal en* of. Harbour according to the Plan authorized by the Acts now in force consistent relating thereto, shall, except as to such Parts thereof as are consistent with depo- with the Plan and Section deposited as aforesaid, cease and determine. ^ g^^ V. That the Trustees shall not construct any Works under the Works Authority of this Act on any Part of the Shore of the Sea, or of any s^e rtS Creek, Bay, Arm of the Sea, or navigable River communicating there- not t0 be with, where and so far up the same as the Tide flows and reflows constructed without the previous Consent of Her Majesty, Her Heirs and Sue- ^^"-^of cessors, to be signified in Writing under the Hands of Two of the the Commis- Commissioners of Her Majesty's Woods, Forests, and Land Revenues ?j?ne^s / and of the Lords of the Admiralty, to be signified in Writing under the anc] 0f the Hand of the Secretary of the Admiralty, and then only according to Admiralty. such Plan and under such Restrictions and Regulations as the said Commissioners of Her Majesty's Woods, Forests, and Land Revenues and the said Lords of the Admiralty approve of, such Approval being signified as last aforesaid; and where any such Work shall have been constructed writh such Consent as aforesaid the Trustees shall not at any Time alter or extend the same without obtaining, previously to making any such Alteration or Extension, the like Consents or Approvals; and if any such Work shall be commenced or completed without such Consent and Approval, the said Commissioners of Her Majesty's Woods, Forests, and Land Revenues or the said Lords of the 108 19 VICTORIA, Cap.xi. The Dundee Harbour Act, 1856. the Admiralty may abate and remove the same, and restore the Site thereof to its former Condition at the Costs of the Trustees; and the Amount of such Costs shall be a Debt due to the Crown, and recoverable against the Trustees accordingly. Works, &c. VI. That previously to commencing any Works under this Act, the not to be Trustees shall deposit at the Admiralty Office Plans, Sections, and tun?lan sub- Working Drawings of the said Works, for the Approval of the Lord mitted to High Admiral of the United Kingdom of Great Britain and Ireland, rdthePryed or the Commissioners for executing the Office of Lord High Admiral, Admiralty, such Approval to be signified in WTriting under the Hand of the Secretary of the Admiralty; and such Works shall be constructed only in accordance with such Approval. Power to VII. That if at any Time or Times it shall be deemed expedient by Admiralty to tne Lord High Admiral of the United Kingdom, or the Commissioners Surveys! fr executing the Office of Lord High Admiral, to order a local Survey and Examination of any Works of the Trustees, constructed or to be constructed under the Authority of this Act, in, over, or affecting any tidal or navigable Water or River, or of the intended Site thereof, the Trustees shall defray the Costs of every such local Survey and Examination, and the Amount thereof shall be a Debt due to Her Majesty from the Trustees, and if not paid upon Demand may be recovered as a Debt due to the Crown, with the Costs of Suit, or may be recovered with Costs as a Penalty is or may be recoverable from the Trustees. Works VIII. That if any Work constructed or to be constructed by the ^vw5 Trustees under the Authority of this Act in, under, over, through, abandoned or across any tidal Water or navigable River, or ifany Portion of any may be re- SUch Work affecting or which may affect any such Water or River, Admiralty at or Access thereto, shall be abandoned or suffered to fall into Disuse or Expense of Decay, it shall be lawful for the Lord High Admiral of the United Trustees. Kingdom, or the Commissioners for executing the Office of Lord High Admiral, -to abate and remove the same, or such Part or Parts thereof as he or they may at any Time or Times deem fit and proper, and to restore the Site thereof to its former Condition, at the Cost and Charge of the Trustees, and the Amount thereof shall be a Debt due from the Trustees...

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