Pier and Harbour Orders Confirmation Act 1866

JurisdictionUK Non-devolved
Citation1866 c. 56
Year1866


Pier and Harbour Orders Confirmation Act 1866 (No. 2)

(29 & 30 Vict.) C A P. LVI.

An Act for confirming certain Provisional Orders made by the Board of Trade under The General Pier and Harbour Act, 1861, relating toClynder, Hastings, and Newlyn.

[30th July 1866]

W HEREAS a Provisional Order made by the Board of Trade under The General Pier and Harbour Act, 1861,is not of any Validity or Force whatever until the Confirmation thereof by Act of Parliament:

And whereas it is expedient that the several Provisional Orders made by the Board of Trade under the said Act, and set out in the Schedule to this Act, 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 assembled, and by the Authority of the same, as follows:

S-1 Orders set out in Schedule confirmed.

1 Orders set out in Schedule confirmed.

1. The several Orders set out in the Schedule to this Act shall be and the same are hereby confirmed, and all the Provisions thereof in Manner and Form as they are set out in the said Schedule shall, from and after the passing of this Act, have full Validity and Force.

S-2 Short Title.

2 Short Title.

2. This Act may be cited as ThePier and Harbour Orders Confirmation Act 1866 (No. 2).

Note : this act is listed in the Chronological Table of Statutes as thePier and Harbour Orders Confirmation Act, 1866

The SCHEDULE of Orders.

1. Clynder .—Construction of a Pier.

2. Hastings .—Construction of a Pier.

3. Newlyn .—Construction of a Pier.

CLYNDER.

Order for the Construction, Maintenance, and Regulation of a Pier at Clynder, in the Parish of Roseneath, in the County of Dumbarton.

Order for the Construction, Maintenance, and Regulation of a Pier at Clynder, in the Parish of Roseneath, in the County of Dumbarton.

SCH-1.1 Undertakers.

1 Undertakers.

1. Archibald Chalmers, of Auchmar, Roseneath, in the County of Dumbarton, his heirs and assigns, shall be the Undertakers of the works authorized by this Order.

SCH-1.2 Power to take Lands by Agreement.

2 Power to take Lands by Agreement.

2. For the purposes of the works authorized by this Order, the Undertaker may from time to time, by agreement, enter on, take, and use all or any part of the lands shown on the plans deposited for the purposes of this Order as intended to be taken for the purposes of the proposed works.

SCH-1.3 Incorporation of Lands Clauses Acts.

3 Incorporation of Lands Clauses Acts.

3. ‘The Lands Clauses Consolidation (Scotland) Act, 1845,’ and ‘The Lands Clauses Consolidation Acts Amendment Act, 1860,’ except so much thereof respectively as relates to the purchase and taking of lands otherwise than by agreement, are hereby incorporated with this Order.

SCH-1.4 Works.

4 Works.

4. Subject to the provisions of this Order, and subject also to such alterations (if any) in the plans deposited for the purposes of this Order as the Board of Trade require from time to time before the completion of the works in order to prevent injury to navigation, the Undertakers may, in the lines and according to the levels and within the limits of deviation shown on the plans and sections deposited for the purposes of this Order, make and maintain the works shown on the deposited plans.

SCH-1.5 Description of pier.

5 Description of pier.

5. The works authorized by this Order comprise the following:

A pier on the west bank of the Garelock, opposite Auchmar aforesaid, extending from the shore eastward a distance of 270 feet or thereby:

With all necessary quays, wharves, jetties, landing places, approaches, warehouses, offices, sheds, weighing machines, works, and conveniences connected with the proposed pier.

SCH-1.6 Rates according to Schedule to this Order.

6 Rates according to Schedule to this Order.

6. The Undertakers may demand and receive in respect of the vessels, goods, persons, animals, and things in the Schedule hereto described any sums not exceeding the rates in that Schedule specified.

SCH-1.7 Custom House officers exempt from rates.

7 Custom House officers exempt from rates.

7. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress on, into, along, from, and out of the pier by land, and with their vessels and otherwise, without payment.

SCH-1.8 Certain fishing vessels under stress of weatherexempt from rates.

8 Certain fishing vessels under stress of weatherexempt from rates.

8. Fishing vessels belonging to countries with which for the time being treaties exist exempting from duties and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom shall, when forced by stress of weather to make use of the pier authorized by this Order, and not breaking bulk while making use thereof, be exempt from rates leviable under this Order.

SCH-1.9 Parts of Harbours Clauses Act excepted.

9 Parts of Harbours Clauses Act excepted.

9. The following provisions of the Harbours, Docks, and Piers Clauses Act, 1847, shall not be incorporated with this Order, namely, Sections 16, 17, 18, and 19.

SCH-1.10 Borrowing.

10 Borrowing.

10. The Undertakers may borrow from time to time on the security of the works authorized by this order and of the lands and property connected therewith, and of the rates authorized by this Order, such sums of money as may be required for the purposes of the works authorized by this Order, not exceeding in the whole the sum of five hundred pounds, and the money so borrowed may be re-borrowed as occasion shall require. They shall regularly keep down the interest accruing on the money so borrowed, and shall not allow such interest to accumulate.

SCH-1.11 Application of money borrowed.

11 Application of money borrowed.

11. Every part of the money borrowed under this Order shall be applied only for the purposes authorized by this Order.

SCH-1.12 Application of rates.

12 Application of rates.

12. The rates received under this Order shall be applicable for the purposes and in the order following, and not otherwise:

(1) (1.) In the maintenance of the works authorized by this Order:

(2) (2.) In payment of the interest accruing on any money borrowed under the authority of this Order, and in repayment of the principal of such money:

(3) (3.) To the proper use of the Undertakers.

SCH-1.13 Power to purchase, lease provide, or hire steam orother dredges, &c.

13 Power to purchase, lease provide, or hire steam orother dredges, &c.

13. The Undertakers may for the purposes of the works authorized by this Order, or any of them, from time to time purchase, lease, provide, or hire such steam or other dredges, steam or other engines, steam tugs, steam or other vessels, diving bells, ballast lighters, rubbish lighters, tools, plant, or other materials as they think fit, and may from time to time, as they think fit, sell and dispose of such dredges, tugs, vessels, diving bells, plant, and materials aforesaid, and shall apply the money thereby realized far carrying into effect the purposes of this Order, or some of them.

SCH-1.14 Short title.

14 Short title.

14. This Order may be cited as The Clynder Pier Order, 1866.

SCHEDULE to which the foregoing Order refers.

Table I.—Rates on Vessels using the Pier for shipping, unshipping, or transhipping Goods or Passengers.

s. d.

Each passenger landing or embarking

0 1

Do. do. do. under 14 years of age

0 0
1
2

For every vessel under fifteen tons, per ton

0 2

For every vessel of fifteen tons and upwards, per ton

0 4

transhipped upon the PierTable II.—Rates on Animals and Goods shipped, unshipped, or

s. d.

Cattle, per head

1 0

Coaches:

Chaises and other four-wheeled carriages, each

1 0

Gigs, carts, and other two-wheeled carriages, each

0 6

Coals, Scotch, English, smithy, and culm, per ton

0 2
s. d.

Corn:

Wheat and malt, per ton

0 5

Barley, beans, peas, tares, oats, rye, buckwheat, and Indian corn, per ton

0 5

Glass, per barrel-bulk

0 1

Household furniture:

1 cart load

1 0

1 barrow load

0 6

New, per barrel-bulk

0 1

Belonging to parties changing their residence only, per 10 barrels-bulk

0 6

Passengers' luggage not exceeding 28 lbs., free.

All above 28 lbs. per barrel-bulk

0 4

Stones:

Freestone, pavement, and granite, per ton of 16 cubic feet

0 2

Scythe stones, per ton

0 6

Millstones, each

0 4

Limestones and other stones, per ton

0 1

Light goods, per barrel-bulk

0 1

Heavy goods, per ton

0 6

In charging the rates on goods, the gross weight or measurement of all goods to be taken; and for any less weights, measures, and quantities than those above specified, a proportion of the respective rates shall be charged.

Five cubic feet, not exceeding two and a half cwt., to be rated as barrel-bulk; but when the weight of five cubic feet is greater than two and a half cwt., then two and a half cwt. to be rated as a barrel-bulk.

HASTINGS.

Order for the Construction of an additional Pier at Hastings, in the County of Sussex, by the Hastings Harbour Company, and for other Purposes.

Order for the Construction of an additional Pier at Hastings, in the County of Sussex, by the Hastings Harbour Company, and for other Purposes.

SCH-1.1 Power to take specified lands by agreement.

1 Power to take specified lands by agreement.

1. For the purposes of the works authorized by this Order the Hastings Harbour Company (in this Order called the Company) may from time to time, by agreement, enter on, take, and use all or any part of the lands shown on the plans deposited for the purposes of this Order, as intended to be taken for the purposes of the proposed works.

SCH-1.2 Lands Clauses Acts incorporated.

2 Lands Clauses Acts incorporated.

2. The Lands Clauses Consolidation Act, 1845, except so much thereof as relates to the purchase and taking of lands otherwise than by agreement, and The Lands Clauses Consolidation Acts Amendment Act, 1860, are...

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