Firth of Forth Ferries Act 1821

Publication Date:January 01, 1821
 
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Firth of Forth Ferries Act 1821

(1 & 2 Geo. 4) c. cxviii

An Act to amend and enlarge the Powers of an Act of the Fifty-third Year of His late Majesty, for improving the Communication between the County of Edinburgh and County of Fife, by the Ferries cross the Frith of Forth, between Leith and Newhaven, and Kinghorn and Bruntisland

[23 June 1821]

ANN0 PRIM0 & SECUND0 V. REGIS. Cap. cxviii. Ail Act to amend and enlarge the Powers of an Act of the Fifty-third Year of His late Majesty, for iniproving the Communication between the County of Edinbur'gh and County of Ffi, by the Ferries cross the Frith of Forth, between Leith and Newhaven, and Kinghorn and Brunt- idand. [23d June 1821 .] HEREAS by an Act passed in the Fifty-third Year of the Reign of His late Majesty George the Third, intituled An Act for fur- 53G.3.c.12~. ther inrproving the Communication between the County of Edin- burgh and the County $Fife, by the Ferries crosS the Frith of Forth, be- twcen Leith and Newhaven, in thecounty of Edinburgh, and Kinghorn and Bruntisland, in the County ofFife; which proceeds upon the recital, That by an Act passed in the Thirty-second Year of the Reign of His late Majesty George the Third, intituled An Act for improving the Communication 32 G.~,~.~~. between the County of Edinburgh and the County $Fife, by the Passager or Ferric$ cross the Frith of Forth, between Leith and Newhaven in the County of Edinburgh, and Kinghorn and Bruntisland in the County of Fife ; and for rendering the Harbours and Landing Places more commo- dious ; it was enacted, that the Passage between Kinghorn and Newhaven, as well as that between Kinghorn and Leith, and the Passage between Bruntisland, and Leith and Newhaven, should in all Time thereafter be deemed and taken to be Public Ferries, subject to the Laws for regulating Ferries in Scotland; certain Persons named and described in the first- [ I,ocal.] 41 K mentioned 3718 10 & 20 GEORGII xv. Cap. cxviii. mentioned Act were appointed Trustees for carrying the Purposes of the said Act into Execution, and they were authorised tp levy certain Rates and Duties therein mentioned, and to carry on the Works therein speci- fied, for the Improvement of the said Ferries and Passages, and the Har- bours, Basons, and Landing Places ; and sundry Powers were given to the said Trustees for these Purposes : And whereas in pursuance and execution of the said Act, certain Sums have been borrowed and Grants obtained from Government on the Credit of the Rates and Duties thereby authorized to be levied, and are still owing; and the same with the said Duties have been nearly expended in the Improvements of the Harbours and Landing Places therein referred to ; but much remains to be done to render the same complete, especially since the Adoption of Steam Vessels for the Conveyance of Passengers and to which the Funds provided are inadequate : And whereas it wodd be of great public Advantage that for the Purpose of extending the said Ferry, by the Employment of Steam- Boatsor Vessels, Dr~art should be added to the other Ports or Places in and over which the said Trustees now possess by Law the Right of Ferry : And whereas it is expedient to enlarge the Powers of the said Trustees and the Period of Endurance of the Act before recited : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King'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, 53.G* 3. That the said recited Act, and all the Powers, Provisions, Matters, and Things therein contained (excepting in so far as the same are hereby to cmtinue (in force, with certain varied or repealed) shall be and continue in full Force, and shall Exceptions. be executed for and during the Term hereafter mentioned, and shall extend, and be deemed and construed to extend, to the addi- xional Ferry at Dy.rart as hereinafter mentioned, as fully and effectually to all Intents and Purposes as if the same were repeated and re- enacted in the Body of this Act; and the additionai Term hereby granted shall be and is hereby declared to be subject and liable to the Payment of all the respective Sums of Money now due and owing on the said Rates and Duties, Piers, Harbours, Basoris,$ Jetties, and other Works constructed, and Boats and other Vessels purchased and built, and of such other Sum or Sums of Money as shalI or may be borrowed for the Purposes of the said recited Act or of this Act, and of all Interest now due and to grow due for the same respectively. ChiefMagis- 11. And be it enacted, That the First of Chief Magistrate of the trateofDY Burgh of Dy.rart for the Time being shall be and is hereby no- wt t' be ' *minated and appointed One of the Trustees to act in the same Manner Trustee. as if such Magisti-ate had been so nominated and appointed in and by the herein-before recited Act. Clerk re- m+hed from acting as Treasurer and vice versa 111. Provided always, and be it further enacted, That it shall not be lawful for the said Trustees to continue or appoint the Person who has been or may be appointed to act as their Clerk in the Execution of the said Act or this Act, or the Partner of any such Clerk, the Treasurer for the Purposes of the said Act and this Act, or to continue or appoint the Person who has been or may be appointed Treasurer, or the Partner of any such Treasurer, the Clerk to the said Trustees for executing the said Act and this Act ; or if any Pcrson shall act in both the Capacities Qf 1" & P GECTRGII 1Vb ST19 of Clmk and Treasurer for theiPtlrpwcs of the said Act and .this &, oc if1 any Person king the Partner, of any suchl le& shall'. as Treasurer, or being the Partner af any such Treasurer ski& act as Clerk in the Execution oEl the said Act and this. Act, every Perm,sa offending shall, for ewry stxh OEenee, forfeit .and pay the Sum ofl Fifty Founds to any.Persorr OF Persons who shall sue far the same, to be recovered with full GQSH of S& in.any of His Maksty's Cams in Scotland, by summary Complaint. IV. And be it enacted, That in case the Magistrates and -T&wa Gouflcjl Slip or Land of the Burgh of Dprt have agreed or shall agree to grant Liberty to the ing Place to said Trustees to erect a SIip or Landing Race far: the .exclusive Purposes Ey$:: at of Steam Vessels or,Small Boats plying to ox. from the sJd~Gtsam,Messels, it shall and may he Iawful'for the sdd Trustees, and,thay.. ara hereby authorized and empowered to make, construct, and maintain the afore- said Slip or Landing Place on the North Side of the Forth, at or near the Burgh of Dysart, as described in the Schedule hereunto annexed. V. And beit further enacted, That it shall and may ba lawful for the Trusdees tc~ said Trustees, and they are hereby authorized and emmwerec$ t~, make CpO:::; and construct Places for the Shelter of Passengers and for Cw~ages, and to make, improve, widen, repair, and keep in Repair the Road or Street fhelter* to and from such Landing Place, through the Burgh of Dpart, as men- tioned in the Schedule hereunto annexed. VI. And be it further enaaed, That the said Slip to be erected at or Slip to be near Dysart shall, in the Use and Occupatbla thereof, be un8m the sole erected at of the Steam Vessels belonging to the saia Trustees, Qr Boats paing. to Management and from the same, or of the Pereons to whom they mzby let the Licence of the nus- $0 ply upon the said Ferries, ia Terms of the Power berein-after gramed tees- to them ; declaring always, that such exclusive Right shaM mt agect any Rigllt of existing Right or Privilege of the said Burgh of Dpzrt to employ other Burgh of Boats besides Steam Vessels on said Ferry ; and declaring further, that Wart the Town of Dy~art shall he allowed the Use oE the before-mentioned! saved* Slip or Landingplace, so to be erected by,the said Trystme far Boats or, Town other Vessels (except Steam Vessels), upon dl Occmions when such Use Use of shall not interfere with the Accommodation of the Ferry and Pawge. VII. Provided always, and be it enacted, That in case the Trustees ap- ~f Slip nban- pcinted by this Act shall deem it proper and necessary ta abandon the, done~1bytlIe Trustees, to said Slip or Landing Place to he so erected at Dysart, as of RO Benefit itro become the the Trust, the same shall from thenceforth pertain and belong to and property of become the Property of the Magistrates and Town Council of ,the said the Magis- trates and Town Coun- Burgh'of Dysart, in such and the like Manner as if this Act had not passed : Provided also, that if the said Trustees or their Superb- ofDysart, tendent shall not provide, keep, and maintain a competent Steam Boat or Steam Boats for such Ferry or Passage, or shall knowingly ar,yilfuully omit to cause such Steam Boat or Boats, One or more, to ply to and from Dysart Twice every lawful Day in the Year, unless prevented by Weather or Accidents, or other sufficient Cause, such Neglect shall be deemed, taken, and construed to be an abandonment of such Ferry, and the Management and Controd of the said Trustees for the exclusive Right under Dysart tile to be DY- sart allowed slip. 372Q Power to I V. Cap cxviii. the Slip or Landing Place thereof at Dysart, shall thereupon belong to the...

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