Hastings Harbour Act 1890
| Jurisdiction | UK Non-devolved |
| Citation | 1890 c. cxliii |
| Year | 1890 |
[53
&
54 VICT.]
Hastings Harbour
Act, 1890. [Oh. CXliii.]
CHAPTER cxliii.
An Act for the Incorporation of Commissioners and for
A.D.
1890.
the construction of Harbour Piers and other Works at
Hastings in the County of Sussex and for other purposes.
[4th August 1890.]
W
HEREAS the making and maintenance of a harbour and all
necessary works connected therewith at Hastings in the
county of Sussex would be of local and public advantage :
And whereas it is expedient that a body of Commissioners should
be incorporated for the purpose of making and maintaining the
harbour and works and carrying the undertaking hereinafter
described into execution and should be authorised to borrow money
to defray the cost of such works and for other purposes connected
with the harbour:
And whereas it is expedient that the Commissioners and the
Corporation of Hastings should be authorised to enter into and
carry into effect such agreements as are in this Act mentioned:
And whereas plans and sections showing the lines and levels of
the works authorised by this Act and also books of reference
containing the names of the owners and lessees or reputed owners
and lessees and of the occupiers of the lands required or which may
be taken for the purposes or under the powers of this Act were duly
deposited with the clerk of the peace for the county of Sussex and
are in this Act respectively referred to as the deposited plans
sections and books of reference:
And whereas the purposes of this Act cannot be effected without
the authority of Parliament:
May it therefore please Tour 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:
1.
This Act may be cited as the Hastings Harbour Act 1890. Short title.
[Price
2s.
3J A 1
[Oh. CXliii.]
Hastings
Earfour Ad, 1890. [53
&
54
VICT.]
A.D. 1890.
Interpreta-
tion.
Incorpora-
tion of Acts.
Limits of
harbour.
PBBLIMINABT.
2.
In this Act the several words and expressions to which
meanings are assigned by the Acts wholly or partially incorporated
herewith have the same respective meanings unless there be some-
thing in the subject or context repugnant to such construction:
" The Commissioners" means the Commissioners for the time
being empowered to carry into effect the provisions of this
Act;
" The Corporation " means the mayor aldermen and burgesses of
the borough of Hastings acting by the council of the- said
borough;
" The harbour " means the Hastings harbour within the limits
denned in this Act and includes the works lands and property
connected therewith by this Act vested in the Commissioners
and the undertaking authorised
lay
this Act;
" The undertaking" means the undertaking of the Commish
sioners.
&. The provisions of the Acts hereinafter specified are (except
where expressly varied by this Act) incorporated with and form
part of this Act (that is to say):—
The Lands Clauses Acts ;
The Harbours Docks and Piers Clauses Act 1847 (except sections
16 and 17 unless the Board of Trade shall otherwise direct)
and the expression " the Undertakers " in that Act means the
Commissioners as hereinbefore defined;
The Commissioners Clauses Act 1847 except the clauses with
respect to the election and rotation of the Commissioners where
the Commissioners are to be elected by the ratepayers or other
like class of electors Provided that for the purposes of such
incorporation the word " Commissioners " in the said Act means
the Commissioners incorporated by this Act.
4.
The limits of the harbour within which the Commissioners
shall have authority and which shall be deemed to be the limits to
which the provisions of this Act extend shall comprise and include
the harbour of Hastings and the works connected therewith to be
constructed under the authority of this Act and shall extend for a
distance of fifty yards east west and south below high-water mark
of ordinary spring tides from any part of the harbour and include
all lands and buildings acquired by the Commissioners within the
limits of deviation marked on the deposited plans and the powers of
the harbour-master may subject to the provisions of this Act be
exercised within the aforesaid limits Provided always that nothing
2
[53
&
54 Tier.]
Hastings
Harbwr Act, 1890, [Oh. CXliii.]
herein contained shall interfere with the exercise of any rights or AJ).1890.
jurisdiction by the Corporation within the aforesaid limits.
HARBOUR COMMISSIONERS.
5.
For the purpose of carrying this Act into execution there Appoint-
shall be twelve Commissioners chosen as by this Act provided and
QOD
omnus-
Bichard Idenden William Alfred Paine George William Bryant sionere.
and George Godfrey Gray members of or representing the town
council of the borough of Hastings William Henry Gallop John
Sutton Edwin Smith and Samuel Elgar Dixon owners of or repre-
senting owners of vessels and boats engaged in the fishing trade at
Hastings and Edward William Rubie Henry Chapman Charles
Edward Botley and William Carless engaged in other trades and
business in the said borough shall be the first Commissioners and
may retain office until the first Monday in the month of November.
one thousand eight hundred and ninety-three from which time they
shall retire in rotation in the manner prescribed by the Commis-
sioners Clauses Act 1847 and their successors shall be appointed in
the manner by this Act provided and Richard Idenden shall be the
first chairman of the Commissioners.
6. The Commissioners named in and appointed under the Incorpora-
provisions of this Act and their successors from time to time chosen g°^,is-
and acting in pursuance of this Act shall be one body corporate f>y sionere.
the name and style of " the Hastings Harbour Commissioners" and
by that name shall have perpetual succession and a common seal
with power to sue and to be sued and to purchase take hold and
dispose of lands goods chattels and other property for the purposes
but subject to the provisions of this Act and the Commissioners
shall be and exercise the powers of a local authority within the
meaning of the Merchant Shipping Act 1854 and the Merchant
Shipping Act Amendment Act 1855 and any Act amending the same
respectively.
7.
Erary person duly qualified to be elected as a councillor Qnalification
for the borough of Hastings under the provisions of the Municipal j£^^.
Corporations Act 1882 shall be eligible to be a Commissioner under sionere.
the provisions of this Act.
8. Any Commissioner may resign his office by notifying his
Vacancies in
intention so to do in writing to the clerk to the Commissioners and °ffice °f
n . . ° i .
Commis-
any Commissioner appointed by or under the provisions of this Act sioner.
who fails to attend the meetings of the Commissioners and to act
in the execution of this Act for one year shall be deemed to have
refused to act and shall cease to be a Commissioner and any
A 2 3
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