Harwich Harbour Act 1865

Publication Date:January 01, 1865
 
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Anno Regni VICTORI, Britanniarum Regin,Vicesimo Octavo & Vicesimo Nono. An Act to amend the Acts relating to the Preservation and Improvement ofHarwich Harbour.

(28 & 29 Vict.) C A P. CXX.

[5th July 1865]

'WHEREAS it is expedient to amend in various Particulars The Harwich Harbour Acts, 1863 and 1864, and, among other things, to regulate the Election of a Conservator by Owners and Occupiers of Lands in the Parishes of Mistley and Manningtree , and to extend the Powers of the Conservancy Board with respect to the Purchase of and the dealing with Lands, and the Execution of Works, and to make better Provision for securing free Access to the Harbour, and for regulating the Sale and taking of Ballast, and to prohibit Acts injurious to the Navigation of the Harbour, and to make better Provision for the Regulation of Moorings and other Matters, and to authorize the taking by them of Tolls, Fees, Rates, and Dues in certain Cases

And whereas for the Purposes of the Application for this Act there have been deposited with the Clerk of the Peace for the County ofSuffolk and with the Clerk of the Peace for the County of Essex Plans and Sections of the proposed new Works, and Plans showing Lands and Houses intended to be taken for the Purposes of this Act, together with a Book of Reference to those Plans (which Plans, Sections, and Book of Reference respectively are in this Act referred to as the deposited Plans, Sections, and Book of Reference):'

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:

S-1 Short Titles.

1 Short Titles.

1. This Act may be cited as TheHarwich Harbour Act, 1865; and this Act and TheHarwich Harbour Acts, 1863 and 1864, may be cited together as The Harwich Harbour Acts, and are comprised in that Expression when hereafter used in this Act.

S-2 Construction of Act.

2 Construction of Act.

2. This Act shall be read and have Effect as One Act with TheHarwich Harbour Acts, 1863 and 1864, and the Purposes of this Act shall be deemed to be comprised in the Purposes of those Acts and all Enactments incorporated with The Harwich Harbour Act, 1863, shall be deemed incorporated with this Act; and Terms used in this Act have the same Meanings as in The Harwich Harbour Act, 1863.

S-3 Interpretation of Terms.

3 Interpretation of Terms.

3. In this Act—

The Terms ‘High-water Mark’ and ‘Low-water Mark’ mean those Marks respectively at ordinary Spring Tides:

The Term ‘the Harbour’ meansHarwich Harbour.

S-4 Election to be according to this Act.

4 Election to be according to this Act.

4. Notwithstanding anything in TheHarwich Harbour Act, 1863, or in any Act therewith incorporated the Provisions of this Act shall have Effect with respect to the Conservator elected by the Owners and Occupiers of Lands in the Parishes of Mistley and Manningtree (hereafter in this Act referred to as the Elective Conservator); and the following Sections of The Commissioners Clauses Act, 1847 (incorporated with The Harwich Harbour Act, 1863,) shall not have Effect with respect to that Conservator, namely, Sections Seventeen, Twenty to Twenty-three, and Twenty-five to Thirty-three (all inclusive).

S-5 Time for Elective Conservator going out.

5 Time for Elective Conservator going out.

5. The Elective Conservator in Office at the passing of this Act shall remain in Office until the FirstThursday in August One thousand eight hundred and sixty-six, and shall then go out of Office; and every Elective Conservator elected after the passing of this Act shall go out of Office on the First Thursday in August in the Year following his Election; and in every Instance the Place of the outgoing Elective Conservator shall be supplied by the Election of another Conservator.

S-6 Time for annual Election.

6 Time for annual Election.

6. For the Purposes of every such Election a Meeting of the Persons entitled to vote thereat shall be held on the FirstThursday in August in each Year, at such Place, within One of the Parishes of Mistley and Manningtree , as the Conservancy Board from Time to Time direct; of which Meeting, and of the Time and Place thereof, and of the Time for the taking of the Poll thereat (in case a Poll is demanded), public Notice shall be given by the Clerk of the Conservancy Board by Placard affixed on the principal Doors of the Parish Churches of the Parishes of Mistley and Manningtree , or other public Places in those Parishes, Seven clear Days at least before the Day of Election; and at that Meeting the Election of a Conservator shall be made.

S-7 Returning Officer.

7 Returning Officer.

7. The Chairman of the Conservancy Board, or in his Absence such other of the Conservators as the Chairman, by Writing under his Hand, appoints, or the Clerk or another Officer of the Conservancy Board so appointed, shall be the Returning Officer for such Election.

S-8 Mode of Election.

8 Mode of Election.

8. The Election shall be made by the Majority of Votes of the Electors present at the Place of Election at or within the Time appointed for the Election, or (in case a Poll is demanded) at or within the Time appointed for the taking of the Poll.

S-9 Appointment in case of Failure to elect.

9 Appointment in case of Failure to elect.

9. In case for any Reason on any Occasion the Electors fail to elect a Conservator in conformity with this Act, the Conservancy Board shall, within One Month after such Failure, appoint a Person to fill the Place of Elective Conservator. Every such Appointment shall be made at a Meeting, Notice whereof shall be given in manner required for Special Meetings. Every Person so appointed shall for the Purposes of theHarwich Harbour Acts in all respects be as if he had been elected by the Electors instead of being so appointed.

S-10 Error, &c. in Election not to vitiate Acts done.

10 Error, &c. in Election not to vitiate Acts done.

10. Any Act of the Conservancy Board shall not be invalidated or be illegal by reason of any Failure or Omission on any Occasion to elect or appoint any Conservator, or by reason of any other Irregularity, Error, Failure, or Omission in or about any Election or Appointment, or in or about any Matter preliminary or incidental thereto.

S-11 Time, &c. of Meetings.

11 Time, &c. of Meetings.

11. The Conservancy Board may hold their Meetings at such Times and Places as they from Time to Time think fit.

S-12 Travelling Expenses.

12 Travelling Expenses.

12. The Conservancy Board may allow to the Conservators respectively their reasonable travelling Expenses incurred in attending Meetings of the Board, or otherwise in the Execution of their Duties.

S-13 Power to take Lands.

13 Power to take Lands.

13. The Conservancy Board may purchase, enter on, and take all or any of the Lands described in the deposited Plans and Book of Reference.

S-14 Power to dispose of Lands.

14 Power to dispose of Lands.

14. Notwithstanding anything in TheHarwich Harbour Act, 1863, or in this Act, or in any Act incorporated therewith respectively, the Conservancy Board may at any Time and from Time to Time sell, demise, or otherwise dispose of any Lands vested in them for such Estates, Terms, or Interests, for or at such Considerations or Rents, and subject to such Covenants, Conditions, and Stipulations, as they think fit; but before the Conservancy Board make any such Sale or any such Demise for a Term exceeding Twenty-one Years, or any other Disposition of Lands for the Time being unbuilt on, they shall proceed, as nearly as may be, as Promoters of an Undertaking are required to proceed by Section 128 and the Three following Sections of the Lands Clauses Consolidation Act, 1845, and those Sections shall in all respects, as nearly as may be, extend and apply to such Sale, Demise, or other Disposition.

S-15 Power to remove Parts of Landguard Point.

15 Power to remove Parts of Landguard Point.

15. The Conservancy Board may, by dredging, cutting, and otherwise, remove such Parts ofLandguard Point, as well above as below High-water Mark, as they think it necessary to remove for making the Harbour more readily accessible, the Lord of the Manor claiming an Interest in Landguard Point having assented thereto.

S-16 Power to construct Pier on Landguard Beach.

16 Power to construct Pier on Landguard Beach.

16. The Conservancy Board may construct and maintain a Pier and Landing Place, with all necessary Approaches, Works, and Conveniences, on theLandguard Inner Beach, at or near a Point Twelve hundred Feet, or thereabouts, measured along the Shore in a Northwardly Direction from the Northwest Angle of the Fence inclosing the Lighthouse and Premises on Landguard Point in the Possession of the Trinity House , and thence extending in a Westwardly Direction into the Harbour for a Distance of about Two hundred Feet.

S-17 Tolls on Pier, &c.

17 Tolls on Pier, &c.

17. The Conservancy Board may demand and take in respect of the Use of the Pier and Landing Place such Tolls as they from Time to Time think fit, not exceeding those specified in the Schedule to this Act; provided that such Tolls or any of them may be from Time to Time reduced by the Board of Trade, should such Board see fit.

S-18 Appointment of Meters and Weighers.

18 Appointment of Meters and Weighers.

18. The Conservancy Board shall have the Appointment of Meters and Weighers within the Limits of the Pier and Landing Place, and the Works and Lands vested in them adjoining or near to the Pier and Landing Place.

S-19 Contract with Persons for Use of Pier.

19 Contract with Persons for Use of Pier.

19. The Conservancy Board may grant to Passengers and others Pass Tickets for the Use of the Pier and Landing Place on such Terms, and for such Period not exceeding One Year, as may be agreed on, but so that no Preference be given to any Person. Such a Ticket...

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