Kirkcaldy Harbour Act 1829

Publication Date:January 01, 1829
 
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Kirkcaldy Harbour Act 1829

(10 Geo. 4) c. xcix

An Act for the Improvement, Maintenance, and Regulation of the Harbour of Kirkcaldy in the County of Fife.

[01 June 1829]

ANNO DECIMO GEORGII IV. REGIS. *###*#**#####***##*#**#**##**#***#**#***#****#***#** Cap. xcix. An Act for the Improvement, Maintenance, and Regulation of the Harbour of Kirkcaldy in the County of Fife. [1 st June 1829.] W HEREAS, in consequence of the Increase of the Trade and Shipping of the Town and Port of Kirkcaldy, it has become necessary to improve and maintain the Harbour thereof, to provide for its better Regulation, and to ascertain and appropriate Funds necessary for those Ends; but as these Purposes cannot be attained without the Aid and Authority of Parliament, 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, That the Provost, Two Baillies, Dean of Guild, Commission-and Tieasurer of the Burgh of' Kirkcaldy, and the Convener of the ers aPPoint-Seven incorporated Trades of Kirkcaldy, all for the Time being, ed together with George Beveridge senior, Ship Owner in Kirkcaldy, Alexander Malcolm, Ship Owner there, and David Dougall, Ship Owner there, as Ship Owner Commissioners, and John Fergus, Merchant in Kirkcaldy, James Brown, Merchant there, and George Elder, Merchant there, as Merchant Trafficker Commissioners, and James Wemyss of Wemyss, and Robert Ferguson of Raith, as County Commissioners, shall be and are hereby appointed Commissioners for the Purposes hereinafter mentioned. [Local.~\ 25 U II. Pro- 2286 How long certain Commissioners shall continue in Office. Election of Ship Owner Commission- Qualification. Election of Merchant Trafficker Commissioners. 10GEORGII IV. Cap, xcix. II. Provided always, and be it enacted, That the said George Beveridge, Alexander Malcolm, and David Dougall shall continue in Office as such Commissioners until the Second Monday in the Month of October after the Expiration of One Year complete from and after the passing of this Act, and no longer ; and the said John Fergus, James Brown, and George Elder shall continue in Office as such Commissioners until the Second Monday in the Month of October after the Expiration of Two Years complete from and after the passing of this Act, and no longer; and the said James Wemyss and Robert Ferguson shall continue in Office until the Day of the Michaelmas Meeting -of the Heritors of the County of Fife in the Year One thousand eight hundred and thirty, and no longer. And be it enacted, That Eight Days before the Second Monday of the Month of October which shall occur after the Expiration of One Year from the passing of this Act, the Clerk to the said Commissioners shall summon the Members of the Prime Guild Society of Kirkcaldy, by written or printed Notice to be delivered to each Member, or left at his Dwelling House or usual Place of Abode, to meet in the Town House of Kirkcaldy at Twelve o'Clock Noon, for the Election of Three Ship Owner Commissioners for the said Harbour, in the Place of the said George Beveridge, Alexander Malcolm, and David Dugall, who are then to go out of Office; and the said Prime Guild Society shall then and there elect by open Vote Three Persons, qualified in Manner herein mentioned, to be Ship Owner Commissioners for the Purposes of this Act for the next Two Years after the Day of their Election ; and in the like Manner, and at the Expiration of the said Two Years, and at the Expiration of every Period of Two Years thereafter during the Continuance of this Act, the said Clerk shall, on the like Eight Days previous Notice, call a Meeting on the Second Monday of October, and at the Hour and Place aforesaid, of the said Prime Guild Society, who shall as aforesaid at such Meetings elect Three Persons qualified as aforesaid to be Ship Owner Commissioners for the Two Years then next ensuing, and no longer: Provided always, that no Person shall be capableof being elected or of acting as a Ship Owner Commissioner who does not reside within the Town or Parish of Kirkcaldy, and who is not possessed of Property in Ships, Barks, or Boats belonging ,to the said. Port of Kirkcaldy of the Value of Three hundred Pounds or upwards, or who is a Member of the Town Council of the said Burgh at the Time. And be it enacted, That Eight Days before the Second Monday of the Month of October which shall, occur after the Expiration of Two Years from, the passing of this Act, the Clerk to the said Commissioners shall, in like Manner, summon the Merchant Traffickers residing in Kirkcaldy, by written or printed Notice to be delivered to each such. Merchant Trafficker, or left at his Dwelling House or usual Place of Abode, to meet in the Town House of Kirkcaldy at Twelve o'Clock Noon, for the Election of Three Merchant Trafficker Commissioners for the said Harbour, in the Place of the said John Fergus, James Brown, and George Elder, who are then to go out of Office; and the said Merchant Traffickers shall 1 then 2287 10GEORGII IV. Cap.xclx. then and there elect by open Vote Three Persons of their Number, qualified in Manner herein mentioned, to be Merchant Trafficker Commissioners for the Purposes of this Act for the next Two Years after the Day of their Election; and in like Manner, and at the Expiration of the said Two Years, and at the Expiration of every Period of Two Years thereafter during the Continuance of this Act, the said Clerk shall, on the like Eight Days previous Notice, call a Meeting on the Second Monday of October, and at the Hour and Place aforesaid, of the Merchant Traffickers of Kirkcaldy, who shall as aforesaid at such Meetings elect Three Persons of their Number, qualified as aforesaid, to be Merchant Trafficker Commissioners for the Two Years then next ensuing, and no longer : Provided always, Qualifiea-that no Person shall be capable of being elected or of acting as a tion' Merchant Trafficker Commissioner who does not reside within the Town or Parish of Kirkcaldy, and who is not rated in the Stent Roll of the said Burgh as the Proprietor of or as occupying Heritable Property therein valued at not less than Twenty Pounds Sterling annually or upwards, or who is a Member of the Town Council of the said Burgh at the Time. V. And be it further enacted, That at the Michaelmas Meeting Election of of the Heritors of the said County of Fife to be held in the Year One County thousand eight hundred and thirty the Persons entitled to vote at such Commission- Meetings shall elect Two Persons possessed of the Dominium utile of ers* Land in the said County rated in the Cess Books thereof at One hundred Pounds Scots of Valuation at the least, to be the Two County Commissioners for the Purposes of this Act; and such Persons so elected shall continue in Office until the Day of the Michaelmas County Meeting in the Year following, .when a new Election shall again take place, and so on yearly during the Continuance of this Act: Provided always, that no Person entitled ex officio to be a Commissioner under this Act, and no Person capable of being elected a Ship Owner or Merchant Trafficker Commissioner under this Act, shall be eligible to be elected a County Commissioner under this Act. VI. Provided also, and be it further enacted, That no Person D. ,.fi shall be capable of acting as a Commissioner under this Act who tionand shall hold any Office of Emolument under the same, either as Prin- Penalty. cipal or Deputy, or who shall be directly or indirectly concerned in any Contract or be Surety for any Contractor under this Act, or who shall be Tacksman or Farmer of the Rates and Duties or any Part thereof j and if any Person, not being qualified, or being disqualified as aforesaid, shall nevertheless act as a Commissioner in the Execution of this Act, such Person shall for every such Offence forfeit and pay the Sum of Fifty Pounds, to be sued for and applied in the Manner in which other Penalties are by this Act directed to be sued for and applied, and shall be for ever after disqualified from acting as a Commissioner under this Act. VII. And be it enacted, That if the said Provost, or either of the NewCom- Two Baillies, or the Dean of Guild, or the Treasurer of the Burgh.of missionersto Kirkcaldy, be chosen in 2288 Cases of Death or refusal to act. Non-appointment of new Commissioners not to affect the Execution of the Act by those remaining. 10GEORGII IV. Cap. xcix. Kirkcaldy, hereby appointed ex officio Commissioners, shall die or remove from the said Town or Parish of Kirkcaldy, or refuse to act, then and in every such Case it shall be lawful for the said Magistrates and Town Council of Kirkcaldy, and they are hereby required, within One Calendar Month after such Death, Removal, or Refusal to act shall be made known to them, to appoint a Commissioner in the Room and Stead of such of the First Commissioners so dying, removing, or refusing to act; and upon the Death, Removal, or Refusal to act of the Convener of Trades, it shall be lawful for the Convenery of the Seven incorporated Trades of Kirkcaldy, and they are hereby required, within One Calendar Month after such Death' Removal, or Refusal to act shall be made known, to them, to appoint another Person, being One of the Deacons of the Seven incorporated Trades for the Time being, in Room of such Commissioner; and upon the Death, Removal, or Refusal to act of any of the Three Ship Owner Commissioners, it shall be lawful for the said Prime Guild Society, and they are hereby required, within One Calendar Month from such Death, Removal, or Refusal to act, to elect, in Manner hereinbefore directed, another Person, qualified as aforesaid, in Room of such Person so dying, removing, or refusing to act; and upon the Death, Removal, or Refusal to act of any of the Three Merchant Trafficker...

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