Wisbech Corporation Act 1889
| Jurisdiction | UK Non-devolved |
| Citation | 1889 c. cxxxvii |
| Year | 1889 |
[52 & 53 VICT.] Wisbech Corporation Act, 1889. [Oh. CXXXVii.]
CHAPTER cxxxvii.
An Act to empower the Mayor Aldermen and Burgesses of A-D-1889-
the borough of Wisbech to construct a Quay or River Wall
at Wisbech and to authorise them to create Debenture
Stock and to authorise the Great Eastern Eailway
Company to construct a Railway at Wisbech and for
other purposes. [12th August 1889.]
TT7HBREAS by the local Act of the fiftieth year of King 50 Geo. 3.
VV G-eorge III. chapter ccvi. (in this Act called "the Act of c-CCV1-
1810 ") after reciting that the burgesses of the town of Wisbech in
the Isle of Ely in the county of Cambridge (now called the mayor
aldermen and burgesses of the borough of Wisbech and in this .Act
called " the Corporation") were in their corporate capacity the
guardians of the port and harbour of Wisbech and that the affairs
of the said burgesses were under the management of ten capital
burgesses annually elected and chosen as therein mentioned it was
(amongst other things) enacted that it should be lawful for the said
capital burgesses and their successors to demand and receive for
the use of the said burgesses in their corporate capacity and their
successors certain tonnage duties upon vessels coming to or leaving
the said port:
And whereas by the local Act of the eleventh and twelfth years
11 & 12
Vict.
of her present Majesty chapter cxliii. (in this Act called "the Act c' 1!"
of 1848 ") the Commissioners of the Nene Outfall were authorised
to make certain drainage and other improvement works some of
them for the improvement of the Wisbech river and provision
was thereby made for the payment by the Corporation of a gross
contribution and also of an annual contribution (afterwards fixed
at 3001. per annum) towards the expense of making parts of those
works and for raising such gross and other sums the Corporation
were authorised to demand and take additional duties (" the Nene
improvement duties") on vessels and goods in the port of Wisbech
and to borrow money on mortgage of the Nene improvement
duties:
[Price 5s. 3d.] A 1
[Oh.
CXXXVli.] Wisbech GorpdtatM Act, 1889. [52 & 53 VICT.]
A.D.
1889. And whereas by the None Valley Drainage and Navigation
l5&"l6Vict Improvement Act 1852 (in this Act called " the Act of 1852 ") the
c. cxxviii. Commissioners thereby incorporated w.ere authorised to' make
certain drainage and other. improvement,works some of them for
the improvement of the "Wisbech river and;; provision was thereby
made for the payment by the Corporation to the said Commissioners
by three equal instalments of a gross contribution of 40,000Z.
towards the expense J>f ..making parts of those works and that
gross sum was charged upon and made payable out of the port
and harbour duties and the Nene improvement duties (hereinafter
referred to collectively as "the harbour tolls and duties") and the
Corporation were authorised to borrow not exceeding the amount
of that gross sum on mortgage of the harbour tolls and duties and
the Corporation were' authorised to raise not exceeding 10,000?.
part of that gross sum on mortgage of their real estates and it was
thereby provided that notwithstanding
>
any such mortgage the
harbour tolls and duties should be the ultimate fund for the
payment of the principal sums so borrowed on mortgage of those
estates and that such principal sums but not the interest thereof
should be ultimately paid out of the harbour tolls and duties and
for providing additional
•
means towards the execution and mainte-
nance of the works by the now reciting Act authorised
AJhe
Corpora-
tion. were authorised io demand and take a further duty of one
halfpenny a ton on goods in the port of Wisbech (in this Act called
" the halfpenny duty") the proceeds whereof less the costs of
collection were made payable to the said Commissioners subject to
redemption of the duty upon certain specified terms :
17 & 18
Vict.
And whereas by the Nene Valley Drainage and Navigation
c. lxxxii. Improvement (Amendment) Act 1854 (in this Act called " the Act
of 1854 ") the Corporation and others were required to contribute
further sums (to be determined by arbitration) to the funds of the
said Commissioners applicable for part of the works authorised by
the Act
•
of 1852 and the Corporation were empowered in order
more effectually to provide additional means for the discharge as
well of the sum by the Act of 1852 directed to be contributed by
them as also of any increased amount of such contribution which
might be awarded to be paid by them to increase the harbour tolls
and duties and levy and 'assess additional or further tolls or duties
and enlarge the termor authorise the longer continuance of any
tolls or duties already authorised to be levied for such period as
they might think proper and as they might consider to be requisite
for the raising of the money on mortgage for payment of the
increased contribution
-
with the interest thereof and the expenses
connected therewith and the Corporation were required to apply
the ultimate balance of the harbour tolls and duties leviable under
-2
18 & 19
Vict.
c. clx.
[52 & 53 VICT.] Wisbech Corporation Act, 1889. [Oh. CXXXVii.J
the Acts of 1852.and 1854,in.and towards the reduction and A.D. 1889.
liquidation of the principal moneys due upon mortgages thereof :
And whereas by the Wisbech Port Act 1855 (in this Act called
"the Act of 1855") after reciting (amongst other things) that
the Corporation had paid to the said Commissioners the sum of
13.333Z. 6s. 8d. being the first instalment of the contribution of
40,O00Z. to be made by the Corporation and that in order to enable
the Corporation to make that payment they borrowed the sum of
10,000L on mortgage of a portion of their real estates and the sum
of
1,500Z.
on mortgage of the. harbour' tolls and duties and those
sums remained on the security of such mortgages respectively and
that they paid 1,833 J. 6s. 8d. the residue.of that first instalment
put of moneys received by them from the harbour tolls and duties
and further reciting the hereinbefore recited provisions of the Act
of 1854 and further reciting that after the passing of the Act
of 1854 the Corporation paid to the Commissioners the sum of
13,333/.
6s. 8d. being the second instalment of the original contri-
bution of 40,000Z. to be made by the Corporation and that in order
to enable the Corporation to make that payment they borrowed the
sum of 10,000Z. on mortgage of the harbour tolls and duties and
that sum remained on that security and they paid 3,333Z. 6s. 8d.
the residue of that second instalment out of moneys received by
them from the harbour tolls and duties And further reciting an
award by the Right Honourable Sir John Somerset Pakington
Baronet under the Act of 1854 that the following increased
contributions should be paid by the Corporation to wit:—
£ s. d.
12,000 0 0 to be paid in one sum on the 2nd day of
July 1855.
4,670 12 6 to be paid in one sum if required for certain
contingent works.
10,000 0 0 to be paid in one sum if required for certain
contingent works,
26,670 12 6
And further reciting that the certain and contingent payments
to be made by the Corporation as aforesaid inclusive of the third
instalment of 13,333Z. 6s. 8d. made together the total sum of
40,003Z. 19s. 2d. and that the harbour tolls and duties did not
afford an adequate security for such an amount in addition to
the annual contribution of 300Z. above mentioned and the several
mortgages then subsisting thereon It was enacted (section 4) that
after the passing of the reciting Act the Corporation should not
borrow or reborrow any sum under the authority of any of the
A 2 3
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