Wick Harbour Order Confirmation Act 1914

Publication Date:January 01, 1914
 
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Wick Harbour Order Confirmation Act 1914

(4 & 5 Geo. 5) c. clxxxvi

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1899 relating to Wick Harbour.

[10th August 1914]

[4 & 5 Geo. 5.1 Wick Harbour [Oh. clxxxvL] Order Confirmation Act, 1914. CHAPTER clxxxvi. An Act to confirm a Provisional Order under the Private a.d. i9J4. Legislation Procedure (Scotland) Act 1899 relating to Wick Harbour. [10th August 1914.] W HEREAS His Majesty's Secretary for Scotland has made the Provisional Order set forth in the schedule hereunto annexed under the provisions of the Private Legislation Procedure 62 & 63 Vict. (Scotland) Act 1899 and it is requisite that the said Order should c- ^-be confirmed by 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 Provisional Order contained in the schedule hereunto Confirmation annexed shall be and the same is hereby confirmed. of Order m schedule. 2. This Act may be cited as the Wick Harbour Order Short title. Confirmation Act 1914. [Price 2s. Gd.] A 1 [Ch. clXXXVi.] Wick Harbour [4 & 5 Geo. 5.J Order Confirmation Act, 1914. SCHEDULE. WICK HARBOUR. Provisional Order to authorise the Wick Harbour Trustees to construct additional Works to amend the Wick and JPulteney Harbours Acts 1879 to 1903 to confer borrowmg powers and for other purposes. WHEREAS by the Pulteney Harbour Act 1879 (hereinafter called "the Act of 1879") the harbour of Pulteneytown as therein defined (herein-after called "the harbour") was subject to the existing liabilities and encumbrances affecting the same transferred to and vested in certain Trustees appointed to be elected in manner therein provided and thereby incorporated under the name and style of the Pulteney Harbour Trustees (herein-after called "the Trustees") and powers were conferred on the Trustees to maintain and improve the harbour to levy and demand certain rates and duties and to borrow money on the security thereof and of the other revenues of the Trustees: And whereas by the Pier and Harbour Orders Confirmation (No. 1) Act 1883 a Provisional Order made by the Board of Trade (herein-after called "the Order of 1883") was confirmed under which the name and style of the Trustees was changed to "the Wick and Pulteney Harbours Trustees" and further powers were conferred upon the Trustees for the construction of certain works for the improvement of the harbour and for raising money for the execution of such works and for certam other purposes: And whereas the Act of 1879 and the Order of 1883 were amended by the Wick and Pulteney Harbours Act 1899 (hereinafter called " the Act of 1899 ") with respect to the qualification registration and election of the Trustees and further powers were conferred upon the Trustees to construct certain additional works for the improvement of the harbour and to borrow money for the execution of such works and powers were also conferred 2 [4 & 5 Geo. 5.] Wick Harbour [Oh. clxxxvl] Order Confirmation Act, 1914. upon the town council of the royal burgh of Wick and upon a.D. 1914. the commissioners of the burgh of Pulteneytown to guarantee payment of the principal and interest of the money to be so borrowed or part thereof and for other purposes: And whereas by the Wick Burgh Extension Order 1902 (herein-after called "the Order of 1902") the municipal and police boundaries of the burgh of Wick were extended so as to include and comprehend the whole territory and lands and heritages within the burgh of Pulteneytown the harbour and certain other districts and powers were conferred upon the corporation of the extended burgh of Wick (hereinafter called "the corporation") to guarantee payment of the principal and interest of any money which might be borrowed by the Trustees for the execution of the works authorised by the Act of 1899 or part thereof: And whereas by the Wick and Pulteney Harbours Order 1903 (herein-after called "the Order of 1903") further powers were conferred upon the Trustees for the construction of additional works for the improvement and extension of the harbour and to borrow money for the execution of such works and the corporation were empowered to guarantee payment of the principal and interest of the money to be so borrowed or part thereof: And whereas the works authorised by the Order of 1903 have not yet been completed and it is expedient having regard to the altered conditions of the fishing industry to make certain alterations on the plan of harbour extension thereby authorised and to provide additional safe shelter for the increased fleet of fishing vessels frequenting the harbour and that the Trustees should be authorised to construct the works herein-after mentioned for that purpose: And whereas the harbour is now included within the municipal and police boundaries of the burgh of Wick and the former burgh of Pulteneytown has ceased to exist as a separate municipality and it is expedient that the Trustees should hereafter be known and designated as the " Wick Harbour Trustees " and that the harbour should be known and described as "Wick Harbour" and that statutory authority should be granted for effecting this alteration in the name and designation of the Trustees and of the harbour: A 2 3 [Oh. Clxxxvi.] Wick Barbour [4 & 5 Geo. 5.] Order Confirmation Act, 1914. A.D. 1914. And whereas it is expedient that the rates and duties at present leviable at the harbour should be revised and that certain new rates and duties should be imposed for enabling the Trustees to provide additional security for the moneys to be borrowed for the construction of the works authorised by this Order: And whereas it is expedient to authorise the Trustees to apply their funds and to borrow money for the purposes of this Order and that the powers herein-after contained with respect thereto should be conferred on the Trustees: And whereas it is expedient that the corporation being a rating authority within the meaning of section V of the Public Works Loans Act 1882 should be authorised to guarantee as and by way of collateral security as herein-after provided such sum or sums for such period and on such conditions as are herein-after prescribed towards the payment of the annual interest and principal and instalments of principal of the moneys to be borrowed for the purposes of this Order or under the powers of this Order and that additional provision should be made for the assessment of the harbour for municipal purposes in the event of the corporation providing funds for the liquidation of any debt or obligation undertaken by virtue of the powers conferred by this Order: And whereas it is expedient to confer on the Trustees the other powers in this Order contained: And whereas plans and sections showing the lines situations and levels of the works authorised by this Order and the lands and property that may be acquired for the purposes thereof and also a book of reference containing the names of the owners and lessees or the reputed owners or reputed lessees and of the occupiers of such lands and property were duly deposited with the principal sheriff clerk of the county of Caithness at his office in Wick and are herein-after respectively referred to as the deposited plans sections and book of reference: And whereas the purposes aforesaid cannot be effected without an Order of the Secretary .for Scotland confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1899: 4 [4 & 5 Geo. 5.] Wick Harbour [Oh., clxxxvi.] Order Confirmation Act, 1914. Now therefore in pursuance of the powers contained in a.D. 1914. the last-mentioned Act the Secretary for Scotland orders as follows: This Order may be cited for all purposes as the Wick Short and Harbour Order 1914 and the Wick and Pulteney Harbours Acts cp,,ective 1879 to 1903 and this Order may be cited together as the Wick W 6S' Harbour Acts 1879 to 1914. This Order shall commence and have effect from and Commence-after the date of the passing of the Act confirming the same etof which date is in this Order referred to as " the commencement of this Order." 3. In this Order the several words and expressions to which interpreta- meanings are assigned by the recited Acts and the Acts wholly tioD- or partially incorporated therewith or with this Order have the same respective meanings unless varied by this Order or unless there is something in the subject or context repugnant to such construction And the following words and expressions have the several meanings hereby assigned to them : "The Act of 1879" means the Pulteney Harbour Act 1879; "The Order of 1883" means the Wick and Pulteney Harbours Order 1883; " The Act of 1899 " means the Wick and Pulteney Harbours Act 1899; "The Order of 1902" means the Wick Burgh Extension Order 1902; "The Order of 1903" means the Wick and Pulteney Harbours Order 1903; "The recited Acts" means the Act of 1879 the Order of 1883 the Act of 1899 the Order of 1902 and the Order of 1903; " The burgh" means the burgh of Wick; "The harbour" means Wick Harbour and shall include and comprehend the harbour of Pulteneytown otherwise Pulteney Harbour as defined by the recited Acts and shall also include the works authorised by this Order; A3 & [Ch. clxXXVi.] Wick Barbour [4 & 5 Geo. 5.J Order Confirmation Act, 1914. A.D. 1914. " The Trustees" means the Trustees of the harbour acting for the time being under the Wick Harbour Acts 1879 to 1914. lncorpora- 4. The following Acts (so far as the same are not incon- tiou of Acts. sistent wjtn or varie(i by this Order) are hereby incorporated with this Order: The Lands Clauses Acts; The Commissioners Clauses Act 1847 with the exceptions and variations specified in the Act of 1879; The Harbours Docks and Piers Clauses Act 1847 with the exceptions and...

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