Pier and Harbour Orders Confirmation (No.2) Act 1872
| Jurisdiction | UK Non-devolved |
| Citation | 1872 c. xciii |
[35 &
36
ViCT.] Pier
and
Harbour Orders
[Ch.
xciii.]
Confirmation
Act, 1872 (No. 2).
CHAPTER xciii.
An
Act to
confirm certaiu Provisional Orders made
by the
A.D.
1872.
Board
of
Trade under
The
General Pier
and
Harbour
Act, 1861, relating
to
Aldborough
and
Lynmouth.
[18th July 1872.]
W
HEREAS
a
Provisional Order made
by the
Board
of
Trade
24 &
2.5
Vict.
under
The
General Pier
and
Harbour
Act, 1861, is not of c> 45'
any validity
or
force whatcver until
the
confirmation thereof by
Act
of Parliament:
And whereas
the
Board
of
Trade have made certain Provisional
Orders relating
to
Aldborough
and
Lynmouth
:
And whereas
the
Aldborough Order
has
been amended
bv
Parlia-
ment,
and
that Order
as so
amended
and the
Lynmouth Order
as
made
by the
Board
of
Trade
are set out in the
schedule
to
this
Act:
And whereas
it is
expedient that
the
said Orders
be
confirmed
by
Act
of
Parliament:
Be
it
therefore 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 assemblcd,
and
by
the
authority
of the
same,
as
follows:
1.
The
several Orders
set out in the
schedule
to
this
Act
shall
be
Coniinim-
and
the
same
are
hereby confirmed,
and all the
provisions thereof
Q"',!,.',.,. ;„
in manner
and
form
as
they
are set out in the
said schedule shall, SC1R-.1U1C.
from
and
after
the
passing
of
this
Act,
have füll validity
and
force.
2.
aSTothing contained
in
this
Act or in the
Order relating
to
Certain
mi.i
Lynmouth
in the
schedule hereto shall authorise
the
construction °(.'lt(1tf,°tij'1
of
the
approach road mentioned
in
section
5 "of the
said Order, compietion
unless
and
until
a
road
or
slip
of an
inclination
of not
steeper ^J^y11'1"
than one
in
twelve,
and of a
width
not
less than twenty feet,
has
Undcrtakers
been made
by the
TJndertakers
to the
foreshore
at the
eastern
end
of the
approach road,
and in
continuation
of the
existing road
through
the
village
of
Lynmouth
to the
foreshore;
and all
persons
on foot
and
with horses, carts, carriages,
and
otherwise shall have
at
all
times free passage over
and
along such road
or
slip, which
shall
for
ever
be
maintained
in
proper repair
by the
Undertakers.
3.
This
Act may be
cited
as the
Pier
and
Harbour Orders Short title.
Confirmation Act,
1872 (No. 2).
[ZocaL-93.]
A 1
[Oh. XCÜi] 21er and Earbow
Orders
[35 & 36 VICT.]
Confirmatkm
Act, 1872
{No.
2).
AJ>. 1872.
The SCHEDULE OF ORDERS.
1.
ALDBOEOTJGH.—Construction
of harbour works.
2. LTNMOUTH.—Construction
of pier.
Aidbarourjh. ALDBOROUGH.
Order for the Construction, Maintenance, and Regulation of a
Harbour at Aldborough, in the County of Suffolk.
1. The Aldborough Pier and Railway Company, incorporated by the Ald-
borough Pier and Railway Act, 1864, (in this Order called "the Company,")
shall be the Undertakers of the works authorised by this Order.
2.
"The Companies Clauses Consolidation Act, 1845," Parts I. and IL of
" The Companies Clauses Act,
1863,"
" The Lands Clauses Consolidation Act,
1845,"
except so much as relates to the purchase or taking of lands otherwise
than by agreement, and " The Lands Clauses Consolidation Acts Amendment
Act, 1860," shall respectively be incorporated with this Order.
3.
The Company may from time to time raise for the purposes of this Order
any sums of money not exceeding in the whole thirty thousand pounds by the
creation and issue of new ordinary or preference shares: Provided always, that
no preferential dividend shall be attached to a larger amount of such new Bhares
than fifteen thousand pounds, nor shall any dividend so attached exceed six
pounds per centum per annum.
4.
The Company shall not issue any share under the authority of this Order,
nor shall any share vest in the person accepting the
same,
unless and until
a Bum
not being less than one fifth of the amount of such share shall have been paid
in
respect
thereof.
5.
One fifth of the amount of a share shall be the greatest amount of a call,
and three months at least shall be the interval between successive calls, and
four fifths of the amount of a share shall be the utmost aggregate amount
of
the calls made in any year upon any share.
6. The proprietors of new shares created under the powers of this Order
shall, except as otherwise determined by the meeting sanctioning the creation
and issue
thereof,
be entitled to such number of votes in respect thereof as the
nominal amount represented by such shares would have entitled them to if
such
shares had been original shares in the Company.
2
Undertakers.
Incorporation
of Clauses
Acts.
Additional
capital.
New shares not
to be issued
until one-fifth
part thereof
paid up.
Calls.
Votes of pro-
prietors of new
shares.
35 & 36
VICT.]
Pier and Rarbour Orders [Ch. XCÜi.]
Confirmation Act, 1872 (No. 2).
A.D.
1872.
7.
The Company may from time to time borrow and take up on mort»a°-e
A
,7, ,
/. j i , . . . r ° ° Aldborovgh.
or by way ot debentures at interest any sums not exceedino- in the whole T>
"•'' * o ijorrowing on
ten thousand pounds, and of that sum they may borrow from time to time mortgage.
not exceeding five thousand pounds in respect of every twenty-five thousand
pounds of their capital authorised by this Order; but no part of any such sum
of five thousand pounds shall be borrowed until the whole of the fifteen
thousand pounds of capital in respect of which it is to be borrowed is sub-
scribed for, and one half thereof is paid up, and the Company satisfy the justice
who certifies under section forty of the Companies Clauses Consolidation Act,
1845,
before he so certifies, that the whole of the capital in respect of which
the borrowing power is proposed to be exercised has bcen issued and accepted,
and that one half thereof has been paid up, and that not less than one-fifth part
of the amount of each separate share has been paid on account thereof before
or at the time of the issue or acceptance
thereof,
and that such capital was
jgsued bona fide and is held by registered owners thereof legally liable for so
much thereof as is not paid up (of which satisfaction the certificate shall be
conclusive evidence).
8. The mortgagees or debenture holders of the Company may enforce the Beceiver.
payment of the arrears of interest or principal and interest due on their re-
spective mortgages by the appointment of a receiver, and the amount to
authorise a requisition for a receiver is two thousand pounds.
9. All mortgages duly granted by the Company before the passing of the
Existing
mort-
Act confirming this Order and then subsisting, shall during their respective
S^ty0
continuance have priority over mortgages granted by virtue of this Order.
10.
The Company shall not, out of any money raised by calls or borrowing,
No
intm-t or
pay interest or dividend to any shareholder on the amount called up in respect ^ eI" ""
of shares held by him, but this provision shall not prevent the Company paying
to any shareholder interest on any money advanced by him beyond the amount
of calls actually made in conformity with the Companies Clauses Consolidation
Act, 1845.
11.
The Company shall not out of any money so raised pay or deposit any Money
money required to be paid or deposited in relation to any application to Par- posh'ui'
liament or the Board of Trade. ^DdH
Orders.
.(. •
12.
Every part of the money so raised shall be applied only for the purposes
Money
t..
i .
authorised by this Order. pose^foru.'."
13.
The Company may apply for the purposes of this Order so much of the Application
of
r J J rr J rr _ i • i
moneys
not re-
moneys raised or authorised to be raised by shares and borrowing, or by either quired for Pur-
of those means, under the powers of the Aldborough Pier and Railway Act, $^rough
1864,
as may not be required for the purposes of that Act. Pier
and
Kaü-
' ^ way Act, 1^64.
14.
For the purposes of the works authorised by this Order the Company
Power to
täte
may from time to time by agreement enter on, take, and use all or such parts ^^ y agTee"
of the lands shown on the plans deposited for the purposes of this Order as
they think requisite for the purposes of the proposed piers and harbour and
works, and the conveniences connected therewith.
A 2 3
To continue reading
Request your trial