Montrose Harbour Act 1850
|Publication Date:||January 01, 1850|
(13 & 14 Vict.) c. xliii
An Act to amend the Act relating to the Harbour of Montrose, and to enable the Trustees to borrow a further Sum of Money.
[15th July 1850]
ANNO DECIMO TERTIO & DECIMO QUARTO TCTORLE REGINJE. ##**##*#*#*#**##**#******##*#*#####**************** Cap. xliii. An Act to amend the Act to the Harbo g of Montrose, and to enable the Tr borrow a further Sum of Money. to [15th July 1850,] w HERE AS an Act was passed in the First Year of the Reign of Her present Majesty, intituled An Act for 7W.4. k improving the Harbour of the Burgh of Montrose in the 1 Vict* Cf " County of Forfar: And whereas the Trustees acting under the Authority of the said Act were authorized to raise, and apply for the Purposes thereof, the Sum of Forty thousand Pounds; but such Sum has been found insufficient, and it is expedient and necessary that the said Trustees should be authorized to borro*v an additional Sum of Money, and that the said Act should be altered and amended: 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 Coinmons, in this present Parliament assembled, and by the Authority of the same, That " The Harbours, Docks, and Certain Pro-Piers Clauses Act, 1847," shall be incorporated with and form Part io&nvict [Local] 7K of c. 27- incor- 590 13 & 14 VICTORIA, Cap.xlm. The Montrose Harbour Act, 1850. porated with 0f this Act, except the Clauses thereof with respect to the Police t is Act. o£ ^ Harbour, Dock, or Pier: Provided always, that the Clauses of "The Harbours, Docks, and Piers Clauses Act, 1847," with respect to the Construction of the Harbour, Dock, or Pier, and with respect to Life Boats, and with respect to keeping a Tide and Weather Gauge, shall not come into operation with respect to the Construction of Works and to the Trustees until required by the Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the Commissioners for executing the Office of Lord High Admiral, such Requirement to be signified to the Trustees in Writing under the Hand of the Secretary of the Admiralty, and upon such Requirement the said Clauses shall come into operation accordingly; and provided also, that the several Rates and Duties authorized to be taken by the Trustees by the said recited Act and this Act shall and may be taken from and after the respective Times specified therein. Certain Pro- II- And be it enacted, That the following Sections in the said visions of first-recited Act shall from and after One Month after the passing Act'repealed. f ^s Act cease to be in force ; (that is to say,) the Sections numbered in the Copies thereof printed by Her Majesty's Printers 9 to 18, both inclusive, 49 and 50, 56 and 57, 59, 60, and 61, 81 to 92, both inclusive, 94 and 95, and 98 to 111, both inclusive ; but the said recited Act, save such Parts thereof as are amended by this Act, or are inconsistent with or are otherwise provided for by the said " Harbours, Docks, and Piers Clauses Act, 1847," shall remain in all other respects in full Force; and the said first-recited Act, so amended, and this Act, together with the said " Harbours, Docks, and Piers Clauses Act," so incorporated, shall for the several Objects and Purposes relating to the said Harbour be read and construed as One Act. General III. And be it enacted, That the First stated General Meeting of Meetings of the Trustees under this Act shall be held within the Town Hall of be held First Montrose on the Second Monday after the passing of this Act, at Monday of Twelve of the Clock Noon; and that thereafter a stated General every Month. Meeting of the Trustees shall be held in the Town Hall of Montrose upon the First Monday of every Month at the same Hour, or in such other Place and at such other Hour as the Trustees may from Time to Time fix and appoint for the assembling of stated General Meetings. Regulating IV. Provided always, and be it enacted, That intermediate Meet- fnd'^peci inSs of the Trustees may be held by Adjournment, as herein-after General provided, and that Special General Meetings may be called by the Montrose Meetings. Provost of the. Huroh ni tion 13 & 14 VICTORIA, Cap.xlul 591 The Montrose Harbour Act, 1850. tion being made to him, stating the Object of the intended Meeting, under the Hands of any Three of the Trustees, which Special General Meetings the Clerk shall be bound to summon within Four Days next after such Requisition shall have been delivered to him; and a written or printed Notice of Special General Meetings to be called by the Provost, specifying the Purpose of the Meetings, and a like Notice of Special General Meetings to be called by the Clerk on Requisition, containing a Copy of such Requisition, shall be delivered to each of the Trustees, or put into the Post Office at Montrose addressed to each of the said Trustees, at least Four Days before the Meeting shall be held; and that no Business shall be considered at any Special Meeting called by the Provost, or by the Clerk on Requisition, as aforesaid, but such as may be set forth in the said Notice; and that at all stated, adjourned, or Special Meetings Seven Trustees shall be the Quorum; and the Provost of Montrose for the Time, or in his Absence the eldest Bailie thereof, and in Absence of the Provost and eldest Bailie such One of the Trustees as shall be chosen by the Meeting, shall preside, and shall have a deliberative, and also, in case of Equality, a casting Vote, in all Matters and Questions which shall come before them: Provided also, that after the Meeting shall have been constituted and the Chair taken the Person in the Chair shall not be displaced by any subsequent Arrival of the Provost and eldest Bailie or either of them, but shall continue to officiate as Chairman or Preses till the Close of the Meeting. V. And be it enacted, That the Trustees or a Majority of them Meetings present at any Meeting may adjourn the same to any other Day m£? be , ^ o c/ t/ j j attjoumecu and Hour, not later than Twenty-one Days from the Day on which such Adjournment shall take place; and that if there shall not be Seven Trustees present within Fifteen Minutes after the Time appointed for any Meeting of Trustees, it shall be lawful for the Trustees present, or the major Part of them, or for any One Trustee, if only One be present, to adjourn the Meeting to any other Day and Hour, not later than Twenty-one Days from the Day of such Adjournment. VI. And be it enacted, That Notice of all stated or adjourned Notice of Meetings shall be given to every Trustee by Letters addressed to Meetings to them at their usual Places of Residence, and delivered to them, or & put into the Post Office at Montrose, at least Four Days previous to such Meeting; and that a Certificate by the Clerk, or any other Person appointed by the Trustees or by their Clerk, that he duly addressed and posted a Copy of the same to each of the Trustees in Terms hereof, shall be deemed and held sufficient legal Proof that such Notices were so given, VII. And 592 13 & 14 VICTORIA, Cap.xYul The Montrose Harbour Act, 1850, Committees may be appointed. VII. And be it enacted, That the Trustees may appoint Committees consisting of such Number of their Body, not being fewer than Three, as they think fit, for carrying into effect any of the Provisions of this and the said recited Act which the Trustees shall from Time to Time think proper to intrust to such Committees, and they may at any Meeting continue, alter, or discontinue such Committees. Meetings of Committees. VIII. And be it enacted, That such Committees may meet from Time to Time, and may adjourn from Place to Place, as they think proper, for carrying into effect the Purposes of their Appointment; but no such Committees shall exercise the Powers intrusted to them except at a Meeting at which there shall be present not less than Three of its Members ; and at all Meetings of Committees the Convenor thereof shall be Chairman, and in his Absence One of the - * other Members present shall be appointed Chairman; and all Questions at any Meeting of the Committee shall be determined by a Majority of the Members present, and in case of an equal Division of Votes the Chairman shall have a casting Vote, in addition to his Vote as a Member of the Cpmmittee, Proceedings IX. And be it enacted, That the Trustees shall cause Notes, to be entered Minutes, or Copies, as the Case may require, of all Appointments ma oo . jnade or Contracts entered into by them, and of the Orders and Proceedings of all their Meetings, to be duly entered into Books, to be from Time to Time provided for the Purpose, which shall be kept under the Superintendence of the Trustees; and every such Entry shall be signed by the Chairman of the Meeting at which the Matter in respect of which such Entry is made was moved or discussed; and such Entry, so signed, shall be received as Evidence in all Courts, and before all Judges, Justices, and others, without Proof of such respective Meetings having been duly convened, or of the Persons making or entering such Orders and Proceedings being Trustees respectively, or of the Signature of the Chairman, all of which last-mentioned Matters shall be presumed. Trustees not to be personally liable for Acts done in the Capacity of a Trustee. X. And be it enacted, That no Trustee by being Party to or executing in his Capacity of Trustee any Contract or other Instrument on behalf of the Trustees, or otherwise lawfully executing any of the Powers given to the Trustees, shall be subject to be sued or prosecuted either individually or collectively by any Person whomsoever ; and the Bodies or Goods or Lands of the several Trustees shall not r be liable to Execution of any legal Process by reason of any Contract or other Instrument so entered into, signed, or executed by them, or by reason of any...
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