Gourock Harbour Act 1835

Publication Date:January 01, 1835
 
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Gourock Harbour Act 1835

(5 & 6 Will. 4) c. lxxviii

An Act for erecting and maintaining a Pier or Harbour at Gourock in the County of Renfrew.

[21 July 1835]

ANNO QPINTO & SEXTO GULIELMI TV: REGIS, Cap. lxxviii. An Act for erecting- and maintaining* a Pier or Harbour at Gourock in the County of Renfrew. [21st July 1835.] W HEREAS the Pier or Harbour of the Town of Gourock, erected many Years ago, has fallen into great Disrepair, and it would be advantageous to the said Town and the adjacent Country, and to the Navigation of the Clyde, and to Commerce in general, if a Pier or Harbour were constructed and maintained contiguous to the present Pier, at or adjacent to the said Town, more adequate to the Accommo dation and Safety of Vessels resorting thereto, and to the increasing Trade and Population of the Place: And whereas the several Persons herein after named, being desirous, at their own Costs and Charges, to make and maintain a Pier or Harbour and other necessary Works at Gourock, it is expedient and necessary that Harbour Rates and Duties should be granted for properly maintaining the same, and for paying and discharging the Debts and Expences to be incurred in the said Undertaking; but as these Purposes cannot be accomplished without the Aid and Authority of Parliament, May it therefore please Your Majesty that it may be enacted j 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 Au thority of the same, That'Lieutenant General Duncan Darroch of p- Gourock, Captain Duncan Darroch, Andrew Clason, Archibald Baine, jncorpo-0" David Crawford, and John Paterson, and all and every other Person or rated. {Local] 27 C Persons, 2402 5&60GULIELMI IV. C^.lxxviii. Persons, and Body,or Bodies Politic, Corporate,' or Collegiate, as have already become Subscribers, or from Time to Time shall subscribe and be duly admitted a Proprietor or Proprietors and a Member or Members of the Company herein-after mentioned, and their respective. Successors, Executors, Administrators, .and Assigns, shall be and they are hereby declared to be One Body Politic and Corporate by the Name of "The Gourock Harbour Company," and by that Name shall have perpetual Succession and a Common Seal, and by that Name shall and- may sue and be sued. Company authorized to erect a Tier or Harbour. II. And be it enacted, That it shall be. lawful for the said Company and they are hereby authorized and empowered to make and complete a Pier or Harbour and other necessary Works therewith connected at Gourock in the Parish of Innerkip and County of. Renfrew,, and from Time to Time to repair, maintain, extend, and improve the same, in such Manner, as the said Company shall judge fit/ Not to deviate from Plan without Consem of Owners. Proviso. Works to be erected in Five Years. And whereas a Map or Plan describing the said Pier or Harbour and the intended Works therewith connected, and the Land or Ground upon which the same are intended to be erected, has been lodged in the Office of the Clerk of the Parliaments; be it therefore enacted, That the said Company shall not deviate more than One hundred Yards from the Line described in the said Map or Plan ; and the said Map or Plan shall remain in the Custody of the Clerk of the Parliaments, arid the same, or any Copy or Copies thereof certified by the Clerk of the Parliaments to be a true Copy or true Copies thereof, shall be and is and are hereby declared to be good Evidence in all Courts of Law, and shall be admitted as such by and before all Judges, Justices, and others : Provided nevertheless, that the said Company shall have Power and Liberty and they are hereby authorized and empowered to turn the Pier Heads from South to North, or to make them to point out in both Directions, 'in case the said Company may consider it expedient so to do. - Provided always, and be it enacted, That in case the said Company shall not erect and complete such Pier or Harbour and Works within the Space of Five Years from and after the passing of this Act, then all the Powers hereby granted shall cease and determine, save and except with the Consent of the Proprietor or Proprietrix of the Estate and Barony of Gourock, for theTime being. Harbour. Boundaries V. And be it enacted, That the Boundaries and Extent of the said and Name of Harbour of Gourock- for the Purposes of this Act shall be deemed and warK,,r_ jaken ancj are hereby declared to be along the Shore at; High-water Mark One hundred .Yards North-westward, and One hundred Yards South-eastward from the Root of the said intended Pier, and seaward One hundred Yards from every'Part of the said intended-Pier j and the Harbour so bounded shall be called Gourock Harbour. Whole estimated Ex-pence to be subscribed before Exe- VI. And whereas the probable Expence of constructing the Works hereby authorized, as delineated_ on the foresaid Plan, according, to an Estimate made thereof, will not exceed the Sum of Three' t.housarid Pounds, and Four Fifths of the Amount of such Expences have been already 5 & $ GULIELMI: IV. C% .lxxviii 2403 already subscribed for defraying the same, under a Contract binding the cution of the Subscribers, their Heirs, Executors, and Administrators, for Payment of Act-the several Sums of Money so subscribed by them respectively; be it enacted,' That the whole of the' said Sum of Three thousand: Pounds shall be subscribed in like Manner before any of the Powers given by this: Acti shall be put in force: VII. And be it enacted, That the several Persons who have subscribed To compel or who shall hereafter subscribe any Money for or towards making and- Payment of maintaining, extending and improving the, said Pier or Harbour and Subscnp- other-Works hereby'authorized to.be http://to.be made, are. hereby required to p'ay '_ons- the Sum or Sums of Money by them respectively subscribed, "or such? Parts or Portions thereof as shall from Time to Time be called for by the. said Company by virtue of the Powers and Directions of this Act, at such Times and Places as shall be. directed by the said Company or their Committee, in manner herein mentioned ; and in case any Person or Persons shall' refuse or neglect to pay the same at. the Time and in' the Manner. appointed for that Purpose it shall be lawful for the said Company to sue for and recover the same in the Court of Session in Scotland, or any other competent Court, together with Interest'oh such-'Sum! or S.ums!of Money at the Rate of Five per Centum per Annum from the Time when the same was directed to be paid by. the said Company or their Committee as aforesaid ; and all such' Suits shall be entitled to the Privilege of summary Procedure. VIII. And be it enacted, That it shall be lawful for the said Company, in Company to order to enable them to construct the said Pier or Harbour and necessary raise the Works, as delineated'on. the said Plan, andv for the other Purposes Money.re-. herein specified,: to. raise, and contribute amongst themselves, in such Pro portions as they shall think fit; any Sum. or Sums of Money riot exceed ing in the whole the said Sum of Three thousand Pounds, which Sum of Three, thousand Pounds shall.be http://shall.be divided into Shares* of Twenty-five Pounds each ; and such Shares shall be and they are; hereby vested in the several Persons,; and Bodies Politic,, Corporate, or .Collegiate, so raising and contributing the same, and their several and respective Suc-s cessors, Executors, Administrators, arid Assigns. fits., 'IX. 'And beit enacted j. That such Persons,: or Body or.Bodies Politic or Company to Corporate, so becoming Proprietors of Shares as aforesaid, ,and 'their se- be entitled veral and respective Successors, Executors,- Administrators, or Assigns^ to the Pro-shall be entitled to and receive, after the said Pier or Harbour and Works shall have been, completed, and at such Time or Times as the said Company shall, at a General or Special Meeting to be convened for; that Purpose in manner herein-after directed, direct and appoint, an annual Dividend not exceeding hi any One Year Six and a Half per Centum per, Annum on the Money or Stock so by them respectively paid-or contributed,, from the Profit's and -Advantages which .may arise to the said Coriipany,. or be raised, recovered, and received by them', by or, under the Authority of this Act j/arid any Surplus "-that may remain after Payment^ the said Dividends.and the Interest actually paid for such.Debts as. are incurred by virtue of this. Act shall be appropriated by the,said Gomp'any to the Maintenance of. the said. Pier or .Harbour, and;.the Liquidation 2404 Stock to be Personal Property. 5 & 6 GULIELMI IV. C^lxxviii. Liquidation of the Debt; and every Body Politic, Corporate, and Col* legiate, and Person or Persons, having such Property in the. said: Undertaking as aforesaid, shall bear and pay a proportional Sum to-i wards carrying on the same, in manner herein directed and appointed .; and the Shares and Proportions of all Bodies Politic, Corporate, and Collegiate, and pf all and every other Person or. Persons whatsoever, of and in the said Pier or Harbour and Works, or the Joint Stock or Fund of the said Company, shall be deemed Personal Estate, and transmissible as such. Proprietors x. Provided always, and be it enacted,-That nothing herein contained rhlt0h .snail extend to charge or make liable any Person or Persons, Body or vond the Bodies Politic, Corporate, or Collegiate, who shall be a Proprietor or Amount of Proprietors, of the Stock of the said Company, or his, her, or their Real their Shares. Gr Personal Estate, for any Debt or Demand whatsoever due or to become due from the said Company, beyond the Extent of his, her, or their. Share or Shares in the Stock of the said Company ; any Law, Custom, or Usage to the contrary thereof in anywise notwithstanding. Proprietors to...

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