Thames Conservancy Act 1864
| Jurisdiction | UK Non-devolved |
| Citation | 1864 c. 113 |
(27 & 28 Vict.) C A P. CXIII.
[29th July 1864]
'WHEREAS it is expedient to provide for the Addition to the Conservators of the RiverThames of a certain Number of Elective Conservators, and to discontinue the exclusive Rights of the Trinity House in relation to the Supply of Ballast in the River Thames , and to amend The Watermen's and Lightermen's Amendment Act, 1859, (hereafter in this Act called the Watermen's Company's Act,) and to make better Provision for the Protection and Regulation of the Fisheries in the RiverThames , and in other respects to amend the Laws relating to the River Thames , and particularly The Conservancy Act, 1857(hereafter in this Act called the Principal Act):'
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 Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
Preliminary.
1 Short Titles.
1. This Act may be cited as TheThames Conservancy Act, 1864, and the Principal Act and this Act may be cited together as TheThames Conservancy Acts, 1857 and 1864.
2 Construction as One Act with Principal Act.
2. The Provisions of the Principal Act, save so far as they are expressly repealed or varied by or inconsistent with the Provisions of this Act, shall be incorporated with this Act, and this Act shall be read and have Effect together with the Principal Act as One Act, and for this Purpose the Expression ‘this Act,’ when used in the Principal Act, shall be taken to apply to the present Act as well as to the Principal Act, as the Case may require.
3 Interpretation of Terms.
3. In this Act—
The Term ‘the Board of Trade’ means the Lords of the Committee of the Privy Council appointed for the Consideration of Matters relating to Trade and Foreign Plantations:
The Term ‘theTrinity House’ means the Master, Wardens, and Assistants of the Guild, Fraternity, or Brotherhood of the Most Glorious and Undivided Trinity and of Saint Clement in the Parish of Deptford Strond in the County of Kent :
The Term ‘the Watermen's Company’ means the Master, Wardens, and Commonalty of Watermen and Lightermen of the RiverThames :
The Term ‘Byelaw’ includes Rule, Order, and Regulation:
The Term ‘Fishery’ includes Oyster and Shell Fishery, and the Term ‘Fish’ includes Oysters and Shell Fish, and also the Spawn, Brood, or Fry of Fish, Oysters, and Shell Fish.
Terms to which Meanings are assigned by the Principal Act, or which have therein special Meanings, have in this Act the same respective Meanings.
4 Mode of Publication of Notices, &c. by Conservators.
4. Where the Conservators are by this Act required to publish any Notice or Byelaw they shall do so by inserting the same once in theLondon Gazette , and by subsequently thereto inserting the same as an Advertisement once in each of Two successive Weeks in some One and the same daily Morning Newspaper published in London or Middlesex ; and such Publication shall be deemed to be completed on the Day on which the Second of such Advertisements appears.
Addition of Elective Conservators.
5 Six Elective Conservators to be added to present Twelve nominated Conservators.
5. In addition to the Twelve Conservators acting under the Principal Act, (to whom the Designation ‘the nominated Conservators,’ when hereafter used in this Act, refers,) there shall be Six Conservators elected under this Act, who shall severally have and be subject to all the same or the like Powers, Functions, Duties, Privileges, Obligations, Disabilities, and Disqualifications as the several Conservators acting under the Principal Act, so far as the same may be applicable, and except so far as is in this Act expressly otherwise provided; and the Six Conservators for the Time being elected under this Act shall be added to and incorporated with the existing Body Corporate of the Conservators of the RiverThames , and shall, with the Twelve Conservators for the Time being acting under the Principal Act, constitute and be One and the same Body Corporate, in like Manner in all respects as if by the Principal Act Provision had been made for the Election of such additional Six Conservators, and their Incorporation as Members of the Body Corporate thereby constituted; and all the Provisions of the Principal Act or of any other Act relative to the Powers, Functions, Duties, Privileges, Obligations, or Proceedings of the Conservators as a Body, and all Acts and Proceedings done, taken, or pending by, against, or in relation to the Conservators as a Body, shall remain unaffected by the Addition to and Incorporation with that Body of the Six Conservators elected under this Act, and (except only as is in this Act expressly otherwise provided) shall in all respects be and continue as if this Act had not been passed.
6 Constituencies for Election of additional Conservators.
6. The Six additional Conservators (hereafter in this Act called Elective Conservators) shall, subject and according to the Provisions of this Act, be elected by the following Classes of Electors (of which Classes respectively they shall be deemed Representatives); namely,
Two by Owners of Shipping registered in the Custom House Books of the Port ofLondon (hereafter in this Act called Shipowners):
One by Owners of Steamers surveyed and certificated as Passenger Steamers by the Board of Trade (under the Merchant Shipping Act, 1854, and Acts amending the same,) and plying on the RiverThames not Seaward of Gravesend (which Steamers are hereafter in this Act called Passenger Steamers):
Two by Owners of Lighters and Steam Tugs used on the RiverThames :
One by Occupiers of Docks on the RiverThames established under Charter or Act of Parliament, and of legal Quays and Sufferance Wharfs on the River Thames appointed by the Commissioners of Customs (hereafter in this Act called Dockowners and Wharfingers).
7 Time for First Elections.
7. On or within Seven Days after the First Day ofDecember One thousand eight hundred and sixty-four Elections shall be held for all the Six Elective Conservators.
8 Time for subsequent Elections.
8. On or within Seven Days after the First Day ofDecember in the Year One thousand eight hundred and sixty-five, and in every subsequent Year, Elections shall be held for filling up Vacancies among the Elective Conservators.
9 Days, Hours, and Places for Elections.
9. The Days, Hours, and Places on and at which the Elections by the several Classes of Electors are to be held shall be appointed by the Conservators.
Notice of every such Appointment shall be published by the Conservators, and such Publication shall be completed as to the Election by each Class of Electors not less than Fourteen or more than Twenty-eight Days before the Day appointed for that Election.
10 Regulations by Byelaws.
10. Subject to the Provisions of this Act, the Conservators shall from Time to Time by Byelaw regulate the Mode of conducting Elections under this Act.
Election by Shipowners.
11 Qualification of Shipowners.
11. The Qualification of Electors of Representatives of Shipowners shall be regulated as follows; namely,
(1) (1.) Every Shipowner registered as Owner of not less in the whole than Two hundred and fifty Tons of Shipping shall be qualified to give One Vote in respect of every Two hundred and fifty Tons of Shipping owned by him for each Conservator to be elected as a Representative of Shipowners, so that the Votes of any Owner for any One Conservator do not exceed Ten:
(2) (2.) Where a Ship is registered in the Name of One Person he shall be deemed the Owner:
(3) (3.) Where a Ship is registered in distinct and several Shares in the Names of more Persons than One, the Tonnage shall be apportioned among the Owners as nearly as may be in proportion to their respective Shares, and each of such Persons shall be deemed the Owner of the Tonnage so apportioned to him:
(4) (4.) Where a Ship is registered jointly, without Severance of Interest, in the Names of more Persons than One, the Tonnage shall, if it is sufficient, either alone or together with other Tonnage (if any) owned by such joint Owners, to give a Qualification to each of them, be apportioned equally between them; and each of such joint Owners shall be deemed to be the Owner of the equal Share so apportioned to him; but if it is not so sufficient, the whole of such Tonnage shall be deemed to be owned by such One of the joint Owners as is first named on the Register:
(5) (5.) For the Purposes of any Apportionment under this Section, any Portion may be struck off, so as to produce a divisible Amount:
(6) (6.) The whole Amount of Tonnage so owned by each Person, whether in Ships or in Shares of or Interests in Ships, shall be added together, and if sufficient shall constitute his Qualification.
12 Annual List of Shipowners to be furnished to Conservators from Custom House.
12. The Electors of Representatives of Shipowners shall be ascertained for the Purposes of each Election as follows; namely,
(1) (1.) On or as soon as may be after the First Day of October in the Year One thousand eight hundred and sixty-four, and...
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