Pier and Harbour Orders Confirmation (No.1) Act 1906
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[6
EDW.
7.] Pier and Harbour Orders [Ch. CXlii.]
Confirmation {No. 1) Act, 1906.
CHAPTER cxiii.
An Act to confirm certain Provisional Orders made by
the Board of Trade under the General Pier and Harbour
Act 1861 relating to Brixham Newlyn and Torquay.
[20th July 1906.]
W
HEREAS a Provisional Order made by the Board of Trade
under the General Pier and Harbour Act 1861 is not of any
24&25
Viet.
validity or force whatever until the confirmation thereof by
A
ct of c- 45-
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 King'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:—
1.
The several Orders as amended and set out in the schedule Confirmation
to this Act shall be and the same are hereby confirmed and all of Orders
m
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.
2.
This Act may be cited as the Pier and Harbour Orders Short title,
Confirmation (No. 1) Act 1906.
A.D.
I
HOC.
[Price 2s. 9d.J A 1
[Oh.
CXiii.] Pier
and
Harbour Orders
[6
EDW.
7.]
Confirmation
(No. 1) Jet, 1906.
THE
SCHEDULE
OF
ORDERS.
1. BRIXHAM.—Amending
former Acts and Orders.
2. NEWLYN.—Eeconstitution
of commissioners maintenance and inspec-
tion of works &c.
3. TORQUAY.—Amending
former Orders.
BRIXHAM
HARBOUR.
Brixham,
Provisional Order
to
authorise
the
Brixham Urban District
Council
to
levy rates
on
passengers
and to
amend
the
Acts
and
Orders relating
to
Brixham
Harbour.
Short title ima
1.—(1)
This Order may bo cited as the Brixham Harbour Order 1906
construction. an(j ^^ ^e consf,rue,j ^ one w;th the following Acts and Oidcrs (that
is to say):—
An Act of the 39th year of His late Majesty King George III.
chapter VI. intituled " An Act to enable the Lords of the Manor
of Brixham in the County of Devon to repair and enlarge or rebuild
the pier or quay at Brixham Quay within the said Manor to
improve the harbour there to regulate the mooring of vessels
therein and to establish a market there" (in this Order called
"
the Act of 1V99 ");
An Act of the first year of Her late Majesty Queen Victoria chapter
LXXV. intituled " An Act for improving enlarging and maintaining
the pier harbour and market of Brixham in the County of Devon
and for the formation of a breakwater in Torbay" (in this Order
called " the Act of 1837 ");
The Brixham Harbour Order 1875 (in this Order called ''the Order
of 1875 ");
The Brixham Harbour Order 1877 (in this Order called "the Order
of 1877"); and
The Brixham Harbour and Market Act 1896 (in this Order called
"
the Act of 1896 ").
(2) The Act of 1799 may hereafter he cited as the Brixham Harbour
and Market Act 1799 and the Act of 1837 may hereafter be cited as the
Brixham Harbour and Market Act 1837.
2
[6
EDW.
7.] Pier and Harbour Orders [Oh.
cxiii.]
Confirmation (No. 1) Act, 1906.
(3) The Act of 1799 the Act of 1837 the Order of 1875 the Order A.D. 190G.
of 1877 the Act of 1896 and this Order may be for all purposes cited ~rr
as the. Brixham Harbour Acts and Orders 1799 to 1906.
2.
This Order shall come into force upon the day when the Act Commenco-
confirming this Order is passed and that day is in this Order referred to me" ° er-
as " the commencement of this Order."
3.
In this Order the following words and expressions shall unless Definitions.
the context otherwise requires have the meanings herein-after assigned
to them namely :—
" The Council " means the Brixham Urban District Council;
" The district fund and general district rate" means the district fund
and general district rate of the Brixham Urban District;
" The harbour" means the harbour of Brixham as defined by the
Act of 1837;
" The piers" means the breakwater the outer pier the eastern quay
and any other quay pier or landing place belonging to the Council
within the harbour and the works connected therewith.
4.—
(1) The Council may after the commencement of this Order and Bates on pas-
without any further certificate under the 25th section of the Harbours
6onSerB-
Docks and Piers Clauses Act 1847 or otherwise demand recover and
receive in addition to the rates which under the Order of 1875 and the
Order of 1877 they are now authorised to levy the following rate for the
use of the piers (that is to say) :—
For every passenger or other person (not being a member of the crew)
who shall embark from the piers on hoard of or land on the
piers from any ship vessel packet or passage boat for each and every
time any sum not exceeding one penny.
(2) From and after the commencement of this Order the Order of 1875
shall be read as if the rate by subsection 1 of this section authorised had
been authorised by that Order to the intent that that rate shall be a security
for all moneys borrowed or to be borrowed under the Order of 1875.
5.
The Council may confer vary o_r extinguish exemptions from and Power to vary
enter into compositions with any persons with respect to the payment of the fro^ra'taTana
rate authorised by this Order but so that no preference be in any case given
to
enter into.
to any person and that anything done under this section shall hot prejudice &Cl pos',s
the other provisions of this Order Provided nevertheless that the levying
of different rates at different piers shall not be deemed a preference within
the meaning of this Order and that the Council may levy such rates
accordingly notwithstanding the provisions of section 17 of the General
Pier and Harbour Act 1861 Amendment Act.
6. The Council may lease for any term not exceeding seven years the Power to
rates and charges by the Order of 1875 the Order of 1877 and this Order le!«e rates.
authorised to be taken to any person upon such terms and conditions and
for such rent or consideration as they may think fit and the lessee (during
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