Kirkcaldy Harbour and Petty Customs Act 1849

Publication Date:January 01, 1849
 
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Kirkcaldy Harbour and Petty Customs Act 1849

(12 & 13 Vict.) c. xxx

An Act for enlarging, improving, and maintaining the Harbour of Kirkcaldy in the County of Fife, for regulating the Petty Customs of the Burgh of Kirkcaldy, and for other Purposes relating to the said Harbour and Burgh.

[26th June 1849]

VICTORLE REGINJE. Cap. xxx. An Act for enlarging, improving, and maintaining the Harbour of Kirkcaldy in the County of Fife, for regulating the Petty Customs of the Burgh of Kirkcaldyj and for other Purposes relating to the said Harbour and Burgh. [26th June 1849.] W HEREAS an Act was passed in the Tenth Year of the Reign of His Majesty King George the Fourth, intituled An Act for the Improvement, Maintenance, and Regulation ioG.4.c..9& of the Harbour o/"Kirkcaldy in the County of Fife: And whereas the said Act is about to expire, and it is expedient that further Provision should be made for the Management, Improvement, and Regulation of the said Harbour, and of the Ferry, if any, between Kirkcaldy and Leith and Newhaven on the opposite Side of the Firth of Forth, and for making and maintaining new and additional Piers, Quays, Docks, Tidal Basins, and other Works and Accommodations at the said Har bour : And whereas it is expedient that the Rates and Duties or Petty Customs levied by the Magistrates and Town Council of the Burgh of Kirkcaldy under the Provisions of the said recited Act should be Continued and equalized, or that in lieu thereof hew Rates and Duties' should be levied; but as these Purposes cannot be effected without the Authority of Parliament, may it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most [ZocaL] 5 D Excellent 382 12 & 13 VICTORIA Cap.m. Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament Recited Act assembled, and by the Authority of the same, That from and after repealed, and the passing of this Act the said recited Act shall be and the same is t^i? Afffc \ hereby repealed, and this Act shall commence and take effect: Provided always, that notwithstanding the Repeal of the said recited Act it shall be lawful for the Commissioners appointed in virtue thereof, and their Officers and Servants, who shall be in Office and acting at the Time of the passing of this Act, and they are hereby authorized and required to put this Act into execution in so far as relates to the Harbour until the First General Meeting of the Commissioners appointed by this Act shall be held as herein-after provided. 8 & 9 Vict. II. And be it enacted, That in so far as not inconsistent with or c* 1fc?'anCr no* therwise provided or not altered and varied by this Act " The II1I&27' Lands Clauses Consolidation (Scotland) Act, 1845," " The Commis- incqrporated sioners Clauses Act, 1847," and " The Harbours, Docks, and Piers with this Clauses Act, 1847," shall be incorporated with and form Part of this Act- Act: Provided always, that nothing in this Act or. in the said Har- bours, Docks, and Piers Clauses Act contained shall* extend or*"be construed to extend to compel the Commissioners to erect and keep any Watch-house, Boat-house, Hut, or Weighing Materials for the Use of the Officers of Revenue, or provide or keep a Life Boat, Mortar, or Rockets, or a Tide or Weather Gauge and Barometer, until they shall be required so to do by the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, in Writing under the Hand of the Secretary of the Admiralty, and upon such Requisition being made the Clauses relating thereto contained in the said Harbours, Docks, and Piers Clauses Act shall as regards this Act be in full Force. Short Title. III. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments, Deeds, and Proceedings, it 'shall be sufficient to use the Expression " The Kirkcaldy Harbour and Petty Customs Act, 1849." Appoint- IV. And be it enacted, That the Provost and the Two Bailies of the ment of Burgh of Kirkcaldy for the Time being, and Six other' Inhabitants Commission- resident within the. Burgh, qualified and to be elected as herein-. ers" after provided, and Two Commissioners of Supply for the County of Fife nominated as herein-after provided, shall be and they are hereby appointed Commissioners for executing and carrying into effect the Purposes of this Act in so far as the same relate to the Harbour; Incorpora- and the Commissioners and their Successors in Office are hereby tionofCom- united and incorporated as a Body Politic and Corporate by the missioners. Name and Style of " The Commissioners of Kirkcaldy Harbour," and shall by that Name have perpetual Succession and a Common Seal, with Power to change, break, and make new the same, arid by that Name may sue and be sued, and acquire, hold, and dispose of Lands and Property, heritable and moveable, real and personal; and the Provost of the Burgh for the Time being shall ex officio be Chairman of the Commissioners. V. And 12-& 13 VICTORIA, -(Cap,xxx, 383 * * * Vv And be it enacted, That on the First Tuesday of September after Election of the passing, of this Act the Persons qualified for the Time being to Commission-vote in the Election of .Councillors for the Burgh, under the Provisions of an Act passed in the Third and. Fourth Year of the Reign of His late Majesty King William the. Fourth,, intituled. An Act to alter and S&4 W.4. ?amend the Laws for the Election of the Magistrates and Councils of the c* ?6-^Moyal Burghs in Scotland, and who are duly entered in the Roll of Voters of the Burgh by the said Act appointed to be kept, shall meet in the Town House or Council Chamber of the Burgh at Twelve o'Clock Noon, of which Meeting, and the,Time and Place for holding the same, Intimation shall be given by Advertisement' signed by the Provost or acting Chief Magistrate of the Burgh, and printed and circulated in the Burgh at least Eight Days previous to the Day appointed for holding such Meeting, and then and there shall proceed to elect, by the Majority of the Votes of the Electors present at such Meeting, Six Persons, qualified as aforesaid, to be Commissioners for executing the Purposes of this Act.relating to the Harbour. 4 m VL And be it-enacted, That the Provost or acting Chief Magistrate Notice to be shall, within Twenty-four Hours after any Meeting for the Election given to of Commissioners, give or cause to be,given Notice in .Writing of Persons .such Election to the several Persons elected, and call upon them e ecte ' severally to declare within Four- Days after such Notice whether they accept or decline to accept the Office of Commissioner; and if any Person so elected shall not intimate his Acceptance of the said Office within Four Days after the Date of such Notice he shall be held as having declined to accept, and the Provost or acting Chief Magistrate shall immediately appoint a new Election of a Commissioner in place of the1 Person so declining at the Distance of not more than Four nor less than Two Days, and shall give Notice of the Day so appointed by Advertisement signed by him and printed and circulated as aforesaid; and such Elections shall be proceeded with in all. respects in'the same Manner in which the first Election of Commissioners is hereby directed to proceed until the Number of Commissioners herein appointed to be elected shall be completed. VII. And be it enactedj That on the First, Tuesday of December Elected in the Year One thousand eight hundred and fifty, and on the First Commission-Tuesday of December in every succeeding Year, One Third of the e£si S.out Commissioners so elected shall go out of Office by Rotation; and the rotation! '" One Third who shall go out of Office in the Year One thousand eight Hundred and fifty shall consist of ' the Two Commissioners whose Names stand lowest on the Rotation List made out in the Manner prescribed by the said Commissioners Clauses Act; and in the succeeding Year One thousand eight hundred and fifty-one the One Third of the Commissioners who shall go out by Rotation shall consist of the Two Commissioners whose Names stand next lowest on the said Rotation List (the Majority of the Commissioners always determining,-in case of Dispute, who shall be the Commissioners to go out of Office)'; and thereafter the One Third of the Commissioners annually ^ going out of Office by Rotation shall consist of the Two Commissioners who have been longest in Office: Provided always, that it shall be no Objection to any Person being elected or acting^ as a Commissioner under this Act that he shall be a Member of the Town 384 Election o( Commission ers in succeeding Years. Nomination of County Commissioners. Times anil Place of Meetings of Commissioners. \ Z & 13 VICTORIA Cap.xxx. Town Council of the Burgh at the Period of his Election, or shall become a Member of the said Town Council while in Office as a Commissioner : Provided also, that if any elected Commissioner who may be or become a Member of the said Town Council shall be chosen Provost or one of the Bailies of the Burgh, and so become ex officio & Commissioner under this Act, he shall thereupon go out of Office as an elected Commissioner, and the Commissioners shall supply the Vacancy so created by electing in his Room another Commissioner, qualified as aforesaid, within the Time, in the Manner, and to the Effect provided by the said Commissioners Clauses Act as to supplying occasional Vacancies. VIII. And be it enacted, That on the First Tuesday of December in the Year One thousand eight hundred and fifty, and on the First Tuesday of December in every succeeding Year, the Persons for the Time being qualified and enrolled as Electors as aforesaid shall meet and elect in the Manner herein prescribed in relation to the First Election of Commissioners under this Act Two Persons, qualified as aforesaid, to be Commissioners in the Place of the Two Commis sioners...

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