Kirkwall Harbour Act 1828

Publication Date:January 01, 1828
Kirkwall Harbour Act 1828

(9 Geo. 4) c. lviii

An Act for maintaining, enlarging improving, and regulating the Harbour of the Burgh of Kirkwall in Orkney.

[23 May 1828]

ANNO NONO GEORGII IV. REGIS. Cap. 1 Vlll. An Act fo^ maintaining^ enlarging, improving, and regulating the Harbour of the Burgh of Kirkwall in.Ovkney. [23d May 1828.] "HEREAS the Harbour of the Burgh of Kirkwall in the County of Orkney requires to be enlarged, improved, and kept in Repair ; and there being no sufficient Funds or Means ap plicable to these Purposes, it is necessary to make Provision for repairing, ^ enlarging, improving, and^eeping in Repair and regulating the said"**' Harbour; and as these Ends cannot be attained without !thfe'Aid and Au thority 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 N and with the Advice and Consent of the Lords Spiritual and Temporal, and 'Commons, in this present Parliament assembled^ arid' by the Au- ^sy thdrity of the-same^ That the/following Persons shall be'Trustees for Trustees.,*^ carrying this Act into Execution; that is; to say, S'^muel \Laiiig file:///Laiiig of Bdp4ale, present Provost of the Burgh of Kirkwallj and #ames Spence, John Bai'kie, Andrew'- Henderson, Patrick FotherMghaTb,- 'Sihier Sdott^ and ?Rbberi-Berwick, being Sifc Members of 'the present'^^wJbJGo'uncil of the said' Burgh, together-with James Drewfi, WilHam Trtiifl,'*ahd John Tait, ^ being-Three registered'Owners of Ships trading to ana" fefehl and/oelong- ^ i%! to' the said Burgh of" Kirkwall, and Capt&ift WMiam Balfour df 3lv)ikk\' ? Willitim Traill of- Wmdwiek,; and James'- BaiMe of Jankerness, being Three Land Owner's -of the County of OrMeyi shall be Trustees until ortier Trustees shall be eleeted, and act id tlfe -Manner hereinafter provided1; aiM thereafter the* Provost of the'saf&urgh of Kirkwall for / the Time being,'and Six other Members of the^Ttwh Council of thesaid---''/-/ ' [Local.'] 14 T Burgh, 1270 Annual Election of Trustees. Quorum of Trustees. First Meeting of Trustees. 9GEORGII IV. Cap.hin. Burgh, together with Three registered Owners of, Ships trading to and from and belonging to the said Burgh, and Three Land Owners of the County of Orkney, to be nominated and elected in Manner after mentioned, shall be Trustees for carrying this Act into Execution, with Power to them and the Trustees herein first named respectively,, from and after the passing thereof, -jtp Repair, improve, and .enlarge the said Harbour, and to maintain an | uphold the same, with the Wharfs, Piers, and Basin thereof, in such-M4nner as they shall think proper, and also to erect, build, and make; a4, pfco'per and necessary Piers, Abutments, Pillars, Ramparts, Wails, and other Works, for the Use, Support, Preservation, Extension, and Improvement of the said Harbour, and also to improve the Access and Avenues to the said Harbour. It. And be it further enacted, That from and after the Expiration of Twelve Months from and after the passing of this Act, Six Persons, being Membps of the said "Town (Council, shall be 'elected aqd chosen by the Magistrates and Town Council assembled at th^ First Meeting of Council after Michaelmas yearly; and Three Persons, being registered Owners of Ships trading to and from and belonging to the said Burgh, shall be elected by Owners of Ships trading to and from and "belonging to the said Burgh, at a Meeting to be held at Kirk-wall on the Second Tuesday of November annually, of which Ten Days previous Notice shall be given by the Clerk of the said Trustees, by public Advertisement, or Hand Bills posted in the Streets of Kirkwall) in which Notice shall be specified the precise Time and Place of such Meeting ;, and Three Persons, being Landholders of the County of Orkney, shall-be elected yearly by the Freeholders assembled at the Michael-wa/ Head Court of the said County ; such Persons so annually elected to be, with, the Provost of Kirkwall for the Time being, Trustees for carrying this Act into Execution. m,,tAnd be. it enacted, That any Five,of: the Trustees abov^ ^Smed, or elected pursuant, tp this Act, shall be.aQ^oafum, ior carrying the Purposes Cjf this Act into Execution -j, but jw? Alterations shall be made in any-jof the Rates and Duties hereby imposed, nor any Clerk, Treasurer, or; other Officer appointed, nor their Salaries fixed, by virtue, of this Act,-except at a Meeting where Nine of the said Trustees shall at least be present. Stated Meeting to be held annu-ally. IV. And be it further enacted, That the Trustees na#ed in this Ac^ shall hold their First Meeting within the Town. Hall of Kirkwall on the Fourth, ^es^af after the passing of. thfe Actj at Twelve p'Clock Noon, for th,e-Epi:]pDS^i,of putting this Act into Execution* at .which Meeting the Provost of?Kirkwall shall preside; and the said-Trustees, and their Successor^ igjOllce as Trustees under this Act, shall hold a stated General Meeting, on ;tljerSec9nd Tuesday after Michaelmas jci.&i&cy Year, for put* ting this Actand the Powers herein committed *Q them into Execution, at which Meeting the Provost of Kirkwall, and in his Absence the Trus-tee,wb4se Name/shall stand at the Top of the.Listof Trustees for the Time, and who shall be present at $qeh Meeth%,. shall act and officiate as Preses; and tjae Preses, besides bis. own deliberative Voce in common wjth the other Trustees, shall, in all Cases of Equality of Votes, have also 4 casting Vote in every Matter or Question that may-come before the said 9GEORGII IV. Gnp.lviii. 1271 said Meeting : Provided always, that the Order in which the Twelve Order of Trustees elected annually, as hereinbefore directed, shall take Prece- Precedence dence of each other, shall be determined at the First Meeting under this ? Act, by the Provost of Kirkwall, by casting Lots in the Presence of the said Meeting ; and the Order of Precedence shall be ascertained in the same Manner, by the Clerk, at the First Ordinary Meeting to be held after the annual Election of Trustees. V. And be it further enacted, That besides the yearly stated Meeting Trustees before mentioned, the said Trustees shall have full Power to hold m*v h?Jd Meetings from Time to Time, as they may find necessary, for the ;ngs due Execution of this Act, and such Meetings may be called either by the Preses of the said Trustees, or by any Three of their Number : Provided always, that before any Meeting, either stated or special, shall take place, previous Notice, written or printed, of at least Twenty-four Hours, shall be given to each of the said Trustees for the Time being, by Order of the Preses; and such Notice shall be delivered to the said Trustees personally, or left at their usual Places of Business or Abode within the Burgh of Kirkwall; and providing further, that in case the Preses shall delay or refuse to give such Order, when required to do so by any Three or more of the said Trustees acting for the Time, the said Three or more Trustees shall be and they are hereby empowered to order the Clerk to call such Meeting; and the said Clerk shall be obliged thereupon to give Notice in Writing of the Time and Place of such Meeting, to every One of the said Trustees, at least Four Days previous to such Meeting; and a Certificate under the Hand of the said Clerk, that such Notice has been given by Letters duly addressed and left at their usual Places of Business or Abode within the Burgh of Kirkwall, shall be sufficient Evidence of the Legality of said Meeting. VI. Provided always, and be it enacted, That in case of the Death or Vacancies Refusal to act of any of the said elected Trustees, it shall and may &ong the be lawful to and for the other remaining Trustees to elect any One or bellied*ud more Trustees, qualified as aforesaid, to supply the Vacancies in their bytheTrus- Number occasioned by Death or Refusal j and which Trustee or Trustees tees. so to be elected shall continue in Office, and supply such Vacancy, and take the Place in regard to Seniority and in all other Respects of the Person whose Vacancy he shall have been elected to supply, until the next ordinary Election of Trustees ; or if any such Vacancy shall not be supplied before the ordinary Time for the Election of Trustees, such Vacancy shall then be supplied by the Election of a Trustee to fill up such Vacancy in the same Manner as the other Trustees shall then be elected. VII. And be it further enacted, That if the said Town Council, Ship Act may be Owners, or Landholders shall at any Time neglect or refuse to carried into appoint and elect the Trustees, or any of them, whom they are re- aMough' spectively hereinbefore directed to appoint and elect, or in case any the Trustees of the Trustees appointed or elected by the said Town Council, Ship may not be Owners, and Landholders shall refuse to act, or shall depart this Life, it appointed. shall nevertheless be lawful for the other Trustees to carry this Act into Execution. VIII. And Trusteed *b appoint a; Treasurer, -Clerk, and other Officers. VIII. And Jbni-itiiurthetf enacted; That it fellmnd may;bs Jarful' to and &r jhe Sai fe TVtmtees to- lifon^sate: and anoint a Trea$%re#^lerk, .and HaybouF-Mast^rind suc&offosr Officersiiad ServantS'-as they shall judge necessahy'trii be. employedjajndertherfov Jbr carrying this Act into ;ExgG(k(,,,and fiKifti 'Time ?a-. WSa& to remote* smbj Treasurer* Clerk, Ha*beMv;Master, Officers, andWrVants^ andtto/^omt others ini.their Stead,-?andio settle such reasonable Salaries to be*paid;to them as shall appear t the said Trustees to "be just and proper; and the Treasurer, Clerkji&'Mhev Person'to he .'appointed to reeewe-tJieiRiatesatod Duties to ? be Sle^iediibHird^r .'this Act,; shaltgke good Md' sufficient?:Security to the sajdi-Tmstees for all and evefjdtheir respective Intromissions with Me Moftifi,. Utfiids,'ind RevefajelVafbresaid,-and for the just and faithful :E3t&3ujtfan" of their respective...

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