River Bann Navigation Act 1879

JurisdictionUK Non-devolved
Citation1879 c. clxxv
[42
& 43
VICT.] Hiver Bann Navigation Act, 1879. [Ch. clxxv.]
CHAPTER clxxv.
An Act for the incorporation of the Coleraine Harbour
A.D.
1879.
Commissioners; for vesting in them the powers of the """"
Coleraine Town Commissioners with respect to the
Navigation of the River Bann under the River Bann
Navigation Act, 1863; for the repeal of the said Act; for
the improvement of the said Navigation; and for other
purposes. [21st July 1879.]
HEREAS by the Act of the session of the seventh and eighth
years of George IV., cap. 103, intituled " An Act for im-
" proving the Harbour of Portrush in the county of Antrim,"
(herein-after referred to as "the Act of 1827,") the Portrush
Harbour Company (herein-after referred to as "the company")
were incorporated, and were authorised to make improvements of
the town and harbour of Portrush for the benefit of shipping
resorting thereto:
And whereas the company proceeded to put the Act of 1827 in
execution:
And whereas by the Portrush Harbour Amendment Act, 1852,
15 &
16 Vict.
(herein-after referred to as " the Act of 1852,") the company were °'
authorised to execute works for the improvement of the navigation
of the River Bann, from the salmon leap above the town of Coleraine
to the sea, and to substitute a swivel bridge for a stone bridge over
the river at Coleraine :
And whereas the company failed to make more than a small
part of the improvements authorised by the Act of 1852:
And whereas by the River Bann Navigation Act, 1863, (in
26 & 27
Vict.
this Act referred to as " the Act of 1863,") the town commissioners Cl c-
of Coleraine elected under the Towns Improvement (Ireland) Act,
17 & 18
Vict.
1854,
were incorporated by the name of " the Coleraine Town c'103-
Commissioners," and the sale and conveyance to them of the rights
and privileges of the company under the recited Acts in and over
the River Bann was authorised, and further powers with respect
\_Local.--f75.~\ A 1
w
[Ch. Clxxv.] River Bann Navigation Act, 1879. [42 & 43
VICT.]
' 18?9- to the navigation of the River Bann were conferred upon the
Coleraine town commissioners, and so much of the Act of 1827 as
conferred on the company powers or privileges in and over the
River Bann and the Act of 1852 were repealed:
And whereas under the authority of the Act of 1863 all the
rights and privileges of the company in and over the River Bann
were purchased by and transferred to and are now vested in the
Coleraine town commissioners:
And whereas by the Act of 1863 the Coleraine town commis-
sioners were empowered to borrow on mortgage of all or any part
of their estates comprised in their borough fund any sums not
exceeding in the whole ten thousand pounds, and on mortgage of
the River Bann fund by the Act of 1863 constituted any sums not
exceeding in the whole forty thousand pounds, subject to the
conditions and restrictions in the said Act contained:
And whereas the Coleraine town commissioners have borrowed
on mortgage of their estates comprised in their borough fund certain
sums,
and now owe the sum of eight thousand one hundred and
sixty-six pounds so secured as aforesaid, and have also borrowed
on mortgage of the River Bann fund the sum of eight thousand
seven hundred and thirty-five pounds, and now owe the same,
secured as last aforesaid : .
And whereas the Coleraine town commissioners have not been
able to carry into execution many of the provisions of the Act of
1863,
and have failed to execute more than a part of the works
thereby authorised:
And whereas it would be of great importance to the town of
Coleraine and to the public that the navigation of the River Bann
should be improved by the execution of the works herein-after
mentioned, and otherwise as by this Act provided:
And whereas it is expedient that instead of the body charged
with the duty of carrying the Act of 1863 into execution a new
body should be constituted and incorporated in manner by this Act
provided, and that the property, powers, rights, and privileges of
the Coleraine town commissioners under the Act of 1863 should
be vested in the new body so constituted and incorporated, and
that they should be empowered to execute the several works in
this Act mentioned,
and to levy such rates and to borrow such
moneys as may be required therefor, subject, nevertheless, to the
provisions, conditions, and restrictions in this Act contained, and
that in furtherance of sucli objects the Act of 1863 should be
repealed, and that some of the provisions thereof should be by
this Act re-enacted:
And whereas the Governor and Assistants of the new Plantation
2
[42 & 43
VICT.]
Biver Bann Navigation Act, 1879. [Oh. clxxv.]
in Ulster, within the realm of Ireland (commonly called and ^A.D. 1879.
herein-after referred to as "the Honourable the Irish Society"),
under and by virtue of letters patent under the. Royal Sign
Manual, bearing date the 29th day of March, in the 11th year of
the reign of Bang James I., and by letters patent under the Royal
Sign Manual, bearing date the 10th day of April, in the 14th year
of the reign of King Charles II., were duly incorporated, and claim
to be seized and possessed of (inter alia) all that water, creek,
river, stream, or rivulet of Bann, lying between the high sea and
the salmon leap, called the Cutts, above the town of Coleraine, and
the ground and soil of the same; and also the rocks and salmon
leap there with the appurtenances, and the whole piscary, fishery,
and taking of fishes, as well salmon and eels as all other kind of
fishes whatsoever of, in, or within the same, as well with nets of
what kind soever as otherwise howsoever, and being desirous to
promote the prosperity of the town of Coleraine, and to improve
the navigation of the River Bann, have, of their bounty, promised
and agreed with the Coleraine town commissioners, under certain
conditions, to contribute the sum of thirty thousand pounds towards
the execution of the works in this Act mentioned:
And whereas it is expedient that facilities should be afforded to
the Honourable the Irish Society for raising the said sum of thirty
thousand pounds :
And whereas doubts have arisen as to the chargeability of the
River Bann fund in respect of mortgages of the estates of the
town commissioners comprised in their borough fund, and the
several persons entitled to such of the last-mentioned mortgages of
the estates of the town commissioners as are now subsisting are,
with one exception, willing that such doubts should he set at rest;
and it is expedient that for such purposes provisions such as are in
this Act contained should be made :
And whereas in order to enable the Commissioners constituted
and incorporated by this Act more readily to borrow such moneys
as they may require for the purposes of this Act, it is desirable that
mortgages of the River Bann fund, as constituted by this Act, made
by the said Commissioners under the authority of this Act, should
rank as securities in priority to the mortgages of the River Bann
fund made by the Coleraine town commissioners under the Act
of 1863, and a majority in number and more than five sixths in
value of the creditors of the Coleraine town commissioners, secured
by such mortgages under the Act of 1863 as last aforesaid, have
consented that for such purposes the provisions in that behalf in
this Act contained should be made:
And whereas further to facilitate the borrowing of such moneys
A 2 ' 3

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