Pier and Harbour Orders Confirmation Act, 1867

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PIER AND HARBOUR ORDERS CONFIRMATION ACT 1867

CAP. XXXIII.

An Act for confirming certain Provisional Orders made by the Board of Trade under The General Pier and Harbour Act, 1861, relating to Balbriggan, Cromer, Dingwall, Girvan, Rothesay, and Seaford. [17th June 1867.]

24 & 25 Vict. c. 45.

‘WHEREAS a Provisional Order made by the Board of Trade under The General Pier and Harbour Act, 1861, is not of any Validity or Force whatever until the Confirmation thereof by Act of 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 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:

Confirmation of Orders in Schedule.

1. The several Orders set out in the Schedule to this Act shall be and the same are hereby confirmed, and all 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.

Short Title.

2. This Act may be cited as The Pier and Harbour Orders Confirmation Act, 1867.

The SCHEDULE of Orders.

1. ‘BALBRIGGAN.—Alteration of Tolls, &c.

2. ‘CROMER.—Construction of a Pier.

3. ‘DINGWALL.—Improvement of Harbour.

4. ‘GIRVAN.—Amendment of Order.

5. ‘ROTHESAY.—Construction of Piers.

6. ‘SEAFORD.—Construction of a Pier.

BALBRIGGAN.

Order for the Maintenance and Regulation of the Pier and Harbour of Balbriggan, in the County of Dublin, being an Outport or Creek of the Port of Dublin.

The undertakers.

1. The Corporation for preserving and improving the Port of Dublin, herein-after called “The Corporation,” shall be the undertakers of the works authorized by this Order.

Description of works.

2. The works authorized by this Order comprise the following:

The dredging, deepening, or otherwise improving of the inner and outer harbour of Balbriggan;

The erection of works calculated, to shelter and defend the harbour and prevent it from being silted up;

The improvement of the Balbriggan pier.

Power to take rates according to Schedule.

3. The Corporation may demand and receive, in respect of the vessels and things in the Schedule hereto described, any sums not exceeding the rates in that Schedule specified.

Custom House Officers exempt from rates.

4. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress on, into, along, from, and out of the pier and harbour by land and with their vessels and otherwise, without payment.

Certain fishing vessels under stress of weather exempt from rates.

5. Fishing vessels belonging to countries with which, for the time being, treaties exist exempting from duties and port charges, such vessels when forced by stress of weather to seek shelter in the ports or on the coast of the United Kingdom, shall, when forced by stress of weather to make use of the pier or harbour to which this Order relates, and not breaking bulk while making use thereof, be exempt from rates leviable under this Order.

Parts of Harbours, &c. Act, 1847, excepted.

6. The following sections of “The Harbours, Docks, and Piers Clauses Act, 1847,” shall not be incorporated with, this Order, namely, sections numbered 6 to 26, both inclusive, sections 37 to 42, both inclusive, sections 45 and 50, and sections 79 to 82, both inclusive.

Power to borrow.

7. The Corporation may from time to time under this Order borrow, on mortgage of the rates leviable under this Order, any money, not exceeding in the whole the sum of Two thousand pounds, required for the purposes of the works authorized by this Order.

Money to be applied to purposes of Order.

8. Every part of the money borrowed under this Order shall be applied only to the purposes authorized by this Order.

Mortgages.

9. The clauses with respect to the mortgages to be executed by the Commissioners, contained in “The Commissioners Clauses Act, 1847,” are hereby incorporated with this Order.

Application of rates.

10. The rates received under this Order shall be applicable for the purposes and in the order following, and not otherwise, namely:-

In paying the costs, charges, and expenses of applying for and obtaining this Order, or preparatory or incident thereto:

In defraying the expense of supplying ballast for the use of vessels paying for same according to the Schedule hereto:

In defraying the necessary expenses of the maintenance, management, and regulation of the pier and harbour:

In paying a certain annuity charged by the 12 & 13 Victoria, chapter 60, on all dues arising out of the harbour, and payable to the Commissioners of Public Works, Ireland, for twenty-two years from the tenth day of October One thousand eight hundred and forty-nine, in respect of a sum of One thousand five hundred pounds expended in deepening and improving the said harbour:

In paying interest on money borrowed under this Order, and in repayment of the principal of such money:

In executing any works authorized by this Order.

Dredges, steam engines, diving bells, lighters, &c.

11. The Corporation may, for the purposes of the works authorized by this Order, or any of them, from time to time purchase, lease, provide, or hire such steam or other dredges, steam or other engines, steam tugs, steam or other vessels diving bells, ballast and other lighters, tools, plant, and other materials, as they think fit, and may from time to time, as they think fit, sell and dispose of the same, or any of them; and shall apply the money produced thereby in carrying into effect the purposes of this Order or some of them.

Saving of existing rights.

12. Nothing in this Order shall be construed to interfere in any way with any existing rights in the said pier or harbour, or the lands or foreshore adjoining the same.

Saving rights, &c. under Crown Lands Act, 1866.

13. This Order shall not be taken as a consent to the surrender of any rights, interests, powers, authorities, or privileges transferred to the management of the Board of Trade by “The Crown Lands Act, 1866,” nor shall any works under this Order be commenced within limits affected by any such rights, interests, powers, authorities, or privileges without the assent of the Board of Trade having been first obtained.

Short Title.

14. This Order may be cited as “The Balbriggan Pier and Harbour Order, 1867.”

The SCHEDULE to which the foregoing Order refers.

RATES FOR THE SUPPLY OF BALLAST AND ON VESSELS ENTERING THE HARBOUR.

An annual licence to be paid for on all vessels or boats entering the harbour more than once within any year ending on the 31st day of December.

The period for the annual licence to be from the 1st January to 31st December. All annual licences, at whatever time taken out, to expire on the 31st December in each year.

The annual licence not to be paid for on vessels using the harbour as traders, and paying dues as such.

6. The owner of every vessel or boat laid up in the harbour, or occupying a berth at the quay at any one time for a period exceeding 14 days, unless detained by stress of weather, to be liable to a charge of one halfpenny per registered ton for every day exceeding that period.

CROMER.

Order for the Construction, Maintenance, and Regulation of a Pier and Harbour at Cromer, in the County of Norfolk.

Incorporation of Company.

1. The following persons, namely, Henry Peter Andrews, John Hawthorne Lydall, John Beastall Jerram, and all other persons and corporations subscribing to the Undertaking authorized by this Order, and their executors, administrators, successors, and assigns respectively, shall be and are hereby constituted into a Company, for the purpose of making, maintaining, and regulating the Harbour and Works authorized by this Order, and for those purposes shall be and are hereby incorporated by the name, of “The Cromer Pier Company,” and by that name shall be one body corporate, with perpetual succession and a common seal, and with power to purchase, take, hold, and dispose of lands and other property for the purposes, but subject to the restrictions, of this Order.

Undertakers.

2. The Cromer Pier Company, in this Order called the Company, shall be the undertakers of the Works authorized by this Order.

Incorporation of Clauses Act.

3. “The Companies Clauses Consolidation Act, 1845,” Part I. of “The Companies Clauses Act, 1863,” “The Lands Clauses Consolidation Act, 1845,” except so much as relates to the purchase or taking of lands otherwise than by agreement, and “The Lands Clauses Consolidation Act Amendment Act, 1860,” shall respectively be incorporated with this Order.

Capital.

4. The Capital of the Company shall be ten thousand pounds, in one thousand shares of ten pounds each.

Shares not to be issued until one-fifth paid up.

5. The Company shall not issue any share created under the authority of this Order, nor shall any such share vest in the person accepting the same, unless and until a sum, not being less than one-fifth part of the amount of such share, has been paid in respect thereof.

Calls.

6. No call shall exceed two pounds a share, or be made payable within three months of a previous call.

Power to create preference shares.

7. The Company, with the sanction of at least three-fifths in value of the votes of the Shareholders present in person or by proxy at a general meeting, specially convened for that purpose, may attach to all or any of the then unissued shares, not exceeding one-third part of the capital, dividend at a rate not exceeding five pounds per centum per annum, in priority to the dividend on the other shares of the capital.

Borrowing on mortgage.

8. The Company, from time to time, may borrow on mortgage, at interest, any sum or sums of money, not exceeding in the whole three thousand three hundred and thirty-three pounds, but no money shall be so borrowed until the whole of the capital of ten thousand pounds is subscribed for or taken, and one-half thereof is paid up, and the Company satisfy the Justice who certifies under Section 40 of “The Companies Clauses Consolidation Act, 1845,” before he so certifies, that the whole of the capital has been issued and accepted, and that one-half thereof has been paid up, and that not less than one-fifth part of the amount of each separate share has been paid on account thereof before or at the time of the issue or acceptance thereof, and that the capital was issued bonâ fide, and is held by registered holders thereof, legally liable for so much thereof as is not paid up (of which satisfaction the certificate shall be conclusive evidence).

Receiver.

9. The Mortgagees of the Company may enforce the payment of the arrears of interest, or of principal and interest, due on their respective mortgages, by the appointment of a Receiver, and the amount to authorize a requisition for a Receiver is five hundred pounds.

No interest or dividend on calls.

10. The Company shall not, out of any money raised by calls or borrowing, pay interest or dividend to any Shareholder on the amount called up in respect of shares held by him, but this provision shall not prevent the Company paying to any Shareholder interest on any money advanced by him beyond the amount of calls actually made, as may be in conformity with “The Companies Clauses Consolidation Act, 1845.”

Money not to be used for deposit, under Standing Orders, &c.

11. The Company shall not, out of any money so raised, pay or deposit any money required to be paid or deposited in relation to any application to Parliament or the Board of Trade.

Money to be applied for purposes of Order.

12. Every part of the money so raised shall be applied only for the purposes authorized by this Order.

First general meeting.

13. The first general meeting of the Company shall be held within twelve months after the passing of an Act of Parliament confirming this Order, at such time and place as the Directors determine.

Number of Directors.

14. The number of Directors shall not be more than nine nor less than five.

Quorum of Directors.

15. The quorum of a meeting of Directors shall be three.

First Directors.

16. Henry Peter Andrews, John Hawthorne Lydall, John Beastall Jerram, with such other Shareholders (if any) as they add to their number, shall be the first Directors; and the first Directors shall continue in office till the first general meeting of the Company, when they shall retire from office, and Directors shall be elected by the meeting, the retiring Directors being eligible for re-election.

Qualification.

17. The qualification of a Director elected by the Shareholders, or nominated as aforesaid, shall be the holding, in his own right, of shares in the capital of the Company to the aggregate nominal amount of at least one hundred pounds.

Remuneration.

18. The remuneration of the Directors shall, from time to time, be fixed by a general meeting, and shall be divided among the Directors as they determine.

Power to take lands by agreement.

19. For the purposes of the works authorized by this Order, the Company may, from time to time, by agreement, enter on, take, and use all or such parts of the lands shown on the plans deposited for the purposes of this Order, as they think requisite for the purposes of the proposed Pier and Works, and the conveniences connected therewith.

Lands for extraordinary purposes.

20. The Company may purchase and hold, for extraordinary purposes, any land not exceeding in the whole three acres.

Power to make works.

21. Subject to the provisions of this Order, and subject also to such alterations (if any) in the deposited plans, as the Board of Trade require, from time to time, before the completion of the Works, in order to prevent injury to navigation, the Company may, on the lands taken by them under this Order, in the lines and according to the levels shown on the deposited plans and sections (so far as the same are shown thereon), and within the limits of deviation shown on those plans, make and maintain the Pier and Works authorized by this Order.

Description of works authorized.

22. The works authorized comprise the following:-

A Pier, Jetty, and Landing Place, with all proper works, approaches, and other conveniences for the embarking and landing of passengers, fish, goods, and merchandise, and other purposes, in the parish of Cromer, in the county of Norfolk, commencing at a point upon the esplanade or sea wall opposite the end of Jetty Street, thirty-three feet or thereabouts to the east of the existing jetty, and extending thence seawards in a north-north east direction seven hundred and fifty feet, or thereabouts, the whole of the landward portion of which said Pier, Jetty, Landing Place, works, and approaches will be situate in, or abut upon, the said parish of Cromer, in the county of Norfolk.

Power to take rate in schedule.

23. The Company may, for the use of the Pier and Works, demand and take, in respect of the vessels, persons, fish, animals, and goods in the Schedule hereto specified, any sums not exceeding the rates in that Schedule specified.

Certain fishing vessels under stress of weather exempt from rates.

24. Fishing vessels belonging to countries with which, for the time being, treaties exist exempting from duties and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom, shall when forced by stress of weather to make use of the Pier authorized by this Order and not breaking bulk while making use thereof, be exempt from rates leviable under this Order.

Pass tickets for use of pier.

Pass tickets not transferable.

25. The Company may grant to passengers, promenaders, and other persons, pass tickets for the use of the Pier and Works, at such rates, on such terms, and for such periods not exceeding one year, as may be agreed upon. Such pass ticket granted by the Company shall not be transferable, and shall not be used by any person other than the person to or for whom it is granted, or by any person after the period limited for its use. If any person acts in any way in contravention of this provision, or uses, or attempts to use, any false or counterfeit pass ticket, he shall, for every such offence, be liable to a penalty not exceeding twenty shillings, recoverable and applicable as penalties arc recoverable and applicable under “The Harbours, Docks, and Piers Clauses Act, 1847,” for all the purposes of which Act this Order shall be deemed the Special Act.

Exemption of Custom House Officers from rates.

26. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress on, to, and over the Pier and Works, by land and with their vessels, without payment.

Steam engines, lighters, &c.

27. The Company may provide and use such steam engines, steam vessels, piling engines, diving bells, ballast lighters, rubbish lighters, barges, boats, cranes, buoys, mooring posts, mooring craft, weighing machines, tackle, and other machinery, vessels, apparatus, and conveniences, as they think proper, for carrying on the business of the Company, or for any of the purposes of this Order, and may demand and take such sums for the use thereof as they think reasonable.

Meters and weighers.

28. The Company shall have the appointment of Meters and Weighers on, or in connexion with, the Pier.

Restriction on use of pier.

29. Nothing in this Order shall entitle any person, with any vessel or boat, to ship or unship at the Pier or Jetty authorized by this Order any sheep, cattle, or merchandise, or to ship or unship there anything which, in the judgment of the Company, might in any manner interfere with, the use of the Pier or Jetty for recreation, or for the embarking or landing of passengers.

Saving rights under Crown Lands Act, 1866.

30. This Order shall not be taken as a consent to the surrender of any rights, interests, powers, authorities, or privileges transferred to the management of the Board of Trade, by “The Crown Lands Act, 1866,” nor shall any works under this Order be commenced within limits affected by any such rights, interests, powers, authorities, or privileges without the assent of the Board of Trade having been first obtained.

Short Title.

31. This Order may be cited as “The Cromer Pier Order, 1867,”

SCHEDULE to which the foregoing Order refers.

I.—RATES ON VESSELS USING THE PIER.

II.—RATES OF GOODS SHIPPED OK UNSHIPPED AT THE PIER.

In charging the rates on goods, the gross weight or measurement of all goods to be taken; and for any less weights, measures, and quantities than those above specified, a portion of the respective rates shall be charged.

III.—RATES FOR USE OF CRANES, WEIGHING MACHINES, AND SHEDS.

1st. Rates of Craneage.

2nd. Weighing Machines.

3rd. Shed Dues.

IV.—RATES FOR SUPPLYING WATER ON PIER.

V.—RATES ON PASSENGERS AND PROMENADERS USING THE PIER.

VI.—RATES ON PASSENGERS’ LUGGAGE.

DINGWALL.

Order for the Management and Improvement of the Harbour of Dingwall, in the County of Ross.

Repeal of certain Sections of Act 5 Geo. 4. c. 93.

1. From and after the first day of August one thousand eight hundred and sixty-seven, the Sections of the Local Act, fifth George the Fourth, chapter ninety-three, relating to the harbour of Dingwall (in this Order termed “the Local Act”), which are specified in the Schedule (A.) annexed to this Order, and the Schedule to the said Act, shall be and are hereby repealed, and this Order shall commence and take effect.

Appointment and incorporation of Commissioners.

2. The magistrates and town council of the burgh of Dingwall, and their successors in office, shall be the commissioners for carrying this Order into execution, and shall be and are hereby, for the purposes of this Order, incorporated by the name of “the Dingwall Harbour Commissioners”; and by that name shall be a body corporate, with perpetual succession and a common seal, and with power to purchase, lease, take, hold, and dispose of lands and other property for the purposes but subject to the restrictions of this Order.

Interpretation.

3. In this Order the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated therewith shall have the same respective meanings, and in this Order and in the said Acts as incorporated therewith the following expressions shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such constructions respectively; that is to say, the expression “the Special Act” shall mean this Order; the expression “the Harbour” shall mean the harbour of Dingwall and the works in and connected therewith; and the expression “the Commissioners” shall mean the Dingwall Harbour Commissioners incorporated by this Order.

Harbour and works vested in the Commissioners.

4. From and after the first day of August one thousand eight hundred and sixty-seven, all the estate, right, and interest and all the powers of the magistrates and town council of the burgh of Dingwall in or over the Harbour of Dingwall, and in, over, or in respect of the lands, works, wharves, property, rights, and privileges connected therewith, shall be and are hereby vested in the Commissioners, subject to the debts, contracts, obligations, and liabilities affecting the same; and the said harbour and works shall thereafter be maintained, repaired, regulated, extended, and improved by the Commissioners, under the authority and subject to the provisions of this Order and the Acts incorporated therewith.

Harbour to be a separate trust.

5. The Harbour and works and property connected therewith and the revenues thereof shall be held and managed by the Commissioners as a distinct trust, and separate from the common good, property, and revenues of the Burgh of Dingwall.

Provision for payment of debts and money.

6. Any money borrowed on the credit or security of the harbour rates and duties leviable under the authority of the Local Act, and all other debts and money due or payable by the Magistrates and Council of Dingwall in relation to the harbour, at the first day of August one thousand eight hundred and sixty-seven, shall be payable and paid by the Commissioners; and all harbour rates and duties, and arrears of harbour rates and duties, and all other debts and money, principal or interest, belonging, due, or payable to the said magistrates and council in relation to the Harbour at the same date shall be payable to the Commissioners, and shall be recoverable by them in the same way as such rates and duties and arrears of rates and duties and other debts and money would or might have been payable to or recoverable by the said Magistrates and Council if this Order had not been made.

Conveyances and contracts to remain in force.

7. All conveyances, contracts, and other deeds granted by, to, or in favour of the said Magistrates and Council, in relation to the Harbour, shall be and remain as valid and effectual as if this Order had not been made, and may be enforced by and against the Commissioners in the same way, and to the same extent and effect as such conveyances, contracts, and other deeds might or could have been enforced by or against the said Magistrates and Council if this Order had not been made.

Incorporation of Commissioners Clauses Act.

8. “The Commissioners Clauses Act, 1847,” so far as the same is not inconsistent with the provisions of this Order, shall be incorporated with this Order, and shall, so far as the nature and circumstances of the case will admit, apply to the Commissioners collectively and severally, subject to the following provisions:—

(1.) Sections six and seven, and Sections 17 to 35, both inclusive, of the said Act, shall not be incorporated with this Order:

(2.) With reference to Section 37 of the said Act, the Provost of the Burgh of Dingwall, for the time being, shall ex-officio be the chairman of the Commissioners:

(3.) Section 54 of the said Act shall not be incorporated with this Order:

(4.) With reference to Section 84 of the said Act, the sum to be every year appropriated and set apart out of the rates as a sinking fund shall not be less than one-fiftieth part of the principal moneys borrowed, such appropriation to commence from the first day of August one thousand eight hundred and seventy-two:

(5.) With reference to Section 90 of the said Act, it shall not be obligatory on the Commissioners to cause the statement and account therein mentioned to be printed:

(6.) With reference to Section 92 of the said Act, the Sheriff of the County of Ross, or the Sheriff-substitute at Dingwall, shall from time to time, on the application of the Commissioners, appoint a properly qualified person, not being one of the Commissioners or holding office under them, to be the permanent Auditor of the accounts of the Commissioners; and if the office of such Auditor become vacant by death, or any other cause, the said Sheriff or Sheriff-substitute shall from time to time, on the application of the Commissioners, appoint a person properly qualified as aforesaid to supply such vacancy.

Undertakers.

9. The Commissioners shall be the undertakers of the works authorized by this Order.

Limits of harbour.

10. The limits within which the Commissioners shall have authority, and which shall be deemed the limits to which this Order extends, shall comprise the Harbour and works by this Order vested in the Commissioners or authorized to be executed, and the lands, foreshore, and sea on which the same are or may be situate, and shall extend along the Firth of Cromarty and the channel of the River Conon, from the one extremity of the Royalty of the Burgh of Dingwall to the other.

Power to take lands by agreement.

11. For the purposes of the works authorized by this Order the Commissioners may from time to time by agreement enter on, take, and use such lands in and around the Harbour as may be required for the said works, not exceeding in the whole eight acres.

Incorporation of Lands Clauses Acts.

12. “The Lands Clauses Consolidation (Scotland) Act, 1815,” and “The Lands Clauses Consolidation Acts Amendment Act, 1860,” except so much thereof respectively as relates to the purchase and taking of lands otherwise than by agreement, are hereby incorporated with this Order.

Power to execute works.

13. Subject to the provisions of this Order, and subject also to such alterations (if any) in the deposited plans as the Board of Trade require from time to time before completion of the works in order to prevent injury to navigation, the Commissioners may, on the lands vested in or purchased or acquired by them under this Order, and in the lines and according to the levels and within the limits of deviation shown on the deposited plan and sections, make and maintain the works shown on the deposited plan and sections, and herein-after described.

Description of works.

14. The works authorized by this Order comprise the following:—

First.—A new cut or entrance channel to the Harbour, commencing near the lower end of the existing wharf on the south-west side of the Harbour, and terminating at or near low-water mark in the channel of the River Conon, near the lower end of the middle bank:

Second.—An embankment and track-path, commencing near the lower end of the existing wharf, and extending along the south side of the said new cut or entrance channel, for a distance of three hundred and seventy-five yards or thereabouts, with a continuation of the said embankment sloped down to low-water mark in the channel of the River Conon:

Third.—A bridge over the Dingwall Canal, at or near the upper end of the said existing wharf:

Fourth.—An extension seawards of the said existing wharf on the south-west side of the Harbour, and a new quay or wharf on the north-east side of the Harbour opposite to the said existing quay or wharf:

Fifth.—An embankment or extension seawards and widening of the north-east bank of the Dingwall Canal.

Further powers as to works.

15. The Commissioners may also make, execute, and maintain the following works authorized by this Order:—

First.—All piers, jetties, landing places, roads, approaches, and other works and conveniences connected with the new cut or entrance channel, wharves, embankments, and bridge before described:

Second.—The sufficient and effectual dredging, scouring, cleansing, and removing of any banks of sand or mud within or adjoining the Harbour or works, or in the new entrance channel and approaches to the Harbour.

Abandonment of portions of Dingwall Canal.

16. The following portions of the Dingwall Canal shall be abandoned and disused for the purposes of navigation or of the Harbour; that is to say:—

First.—The portion of the said canal situate between the bridge, commonly called Peter’s Bridge, at the extreme land-ward or west-end of the said canal, and the upper end of the said existing wharf on the south-west side of the Harbour, but without prejudice to the rights of the Commissioners, or of the said Magistrates and Town Council as representing the community of the said Burgh and as acting under the Local Act, to the River Peffery and the diversion thereof from the said canal, as occasion may require:

Second.—The portion of the said canal situate between the point herein-before described as the commencement of the said new cut or entrance channel and the River Conon.

Power to levy rates.

17. The Commissioners may demand and receive in respect of vessels, animals, fish, and goods described in the Schedule (B.) annexed to this Order, any sums not exceeding the several rates specified in the said Schedule.

Certain fishing vessels under stress of weather exempt from rates.

18. Fishing vessels belonging to countries with which, for the time being, treaties exist exempting from duties and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom shall, when forced by stress of weather to make use of the Harbour, and not breaking bulk while making use thereof, be exempt from rates leviable under this Order.

Customs officers.

19. Officers of Customs, being in the execution of their duty, shall, at all times, have free ingress, passage, and egress to, through, and out of the Harbour and the works of the Commissioners by land, and with their vessels and otherwise, without payment.

Rates may be leased.

20. The Commissioners may, from time to time, lease the rates authorized by this Order for any period not exceeding three years, and for such rent or consideration, and on such terms and conditions, as they think fit; and the lessee shall have and may exercise, during the continuance of his lease, the same powers of levying and recovering the said rates as the Commissioners have or might exercise under “The Harbours, Docks, and Piers Clauses Act, 1847,” and this Order.

Borrowing powers.

21. The Commissioners may, from time to time, borrow on mortgage such money as may be required for the purposes of the works authorized by this Order, not exceeding in the whole the sum of six thousand pounds, on the security of the Harbour and works and lands and property connected therewith by this Order vested in the Commissioners, and of the lands and property and works to be purchased and acquired and executed by them under the authority of this Order, and of the rates authorized by this Order, and any other property of the Commissioners; and any money borrowed under the authority of this Order and discharged otherwise than by means of the sinking fund may be re-borrowed if required for the purposes of this Order, and so toties quoties.

Borrowed money may be repaid by instalments.

22. In any mortgage or assignation in security to be granted by the Commissioners for money borrowed under the authority of this Order, provision may be made for the repayment of the principal money so borrowed within any period not exceeding forty years from the date of the loan, by such instalments as may be agreed on between the Commissioners and the lenders; and the Commissioners shall not be required to appropriate or set apart any sum as a sinking fund in respect of any principal monies which are repayable by such instalments.

Commissioners may borrow on cash account.

23. The Commissioners may accept and take from any bank or banking company in Scotland credit on a cash account to be opened and kept with such bank or banking company in the name of the Commissioners, according to the usage of bankers in Scotland, to the extent of the sum which the Commissioners are by this Order authorized to borrow, or any part thereof, and may assign the rates authorized by this Order in security of the payment of the amount of such credit or of the sums advanced from time to time on such cash account with interest thereon: Provided, that the whole principal sums due and owing by the Commissioners on such cash account and for money borrowed by them on mortgage shall never, when taken together, exceed the said sum of six thousand pounds.

Form of assignations in security and transfers.

24. The mortgages or assignations in security to be granted by the Commissioners for money borrowed under the authority of this Order, and all transfers thereof, may be in the forms contained in the Schedule (B.) annexed to “The Burgh Harbours (Scotland) Act, 1853,” or to the like effect.

Application of borrowed money.

25. Every part of the money borrowed under this Order shall be applied only for the purposes authorized by this Order.

Application of rates and income.

26. The Commissioners shall apply all money received by them from the rates authorized by this Order, and all other money (not being money raised on mortgage or otherwise in the nature of capital) coming into their hands in respect of the Harbour and works by this Order vested in or authorized to be executed by the Commissioners, for the purposes and in the order following, and not otherwise:—

(1.) In paying the costs of and connected with the preparation and making of this Order:

(2.) In paying year by year the interest (if any) accruing on money borrowed under the authority of the local Act:

(3.) In paying the expense of the maintenance, repair, management, and regulation of the Harbour:

(4.) In paying year by year the interest accruing on money borrowed under this Order:

(5.) In paying the cost of the works authorized by this Order, and of the lands and property to be purchased and acquired for the purposes thereof, and generally in paying any expense incurred in improving the Harbour:

(6.) In creating a sinking fund, in the manner, and in so far as the nature and circumstances of the case will admit, in the proportion specified by “The Commissioners Clauses Act, 1847,” as varied by this Order.

Application of capital.

27. The Commissioners shall apply all money in the nature of capital (and not being mortgage money) received by them under this Order for the like purposes and in the like manner as directed by the provisions respectively numbered 5 and 6 of the last preceding clause of this Order, with reference to money to which that clause relates and which may remain after payment of interest on money borrowed under this Order.

Commissioners may provide dredges, engines, &c.

28. The Commissioners may, for the purposes of the Harbour, or any of them, from time to time purchase, provide, lease, or hire, such dredges, engines, tugs, vessels, lighters, tools, plant, or other materials, as they think fit, and may from time to time demand and receive such sums for the use of the same as they think fit, or may sell and dispose of the same, and the money thereby realized shall be applied for carrying into effect the purposes of this Order, or some of them.

Pilotage, lights, buoys, and beacons.

29. The Commissioners shall be a pilotage authority and local authority, within the meaning of “The Merchant Shipping Act, 1854,” and the Acts amending the same, and shall have all powers conferred by those Acts on pilotage authorities and on local authorities.

Meters and weighers.

30. The Commissioners shall have the appointment of meters and weighers within the limits of the Harbour.

Lands for extraordinary purposes.

31. The Commissioners shall not acquire for extraordinary purposes lands exceeding in extent in the whole three acres.

Exception of parts of Harbours Clauses Act.

32. Sections 16, 17, 18, 19, 25, and 26 of “The Harbours, Docks, and Piers Clauses Act, 1847,” shall not be incorporated with this Order.

Saving rights under Crown Lands Act, 1866.

33. This Order shall not be taken as a consent to the surrender of any rights, interests, powers, authorities, or privileges transferred to the management of the Board of Trade by “The Crown Lands Act, 1866,” nor shall any works under this Order be commenced within limits affected by any such rights, interests, powers, authorities, or privileges without the assent of the Board of Trade having been first obtained.

Short Title.

34. This Order may be cited as “The Dingwall Harbour Order, 1867.”

SCHEDULES to which the foregoing Order refers.

SCHEDULE (A.)

SCHEDULE (B.)

I.—RATES ON VESSELS ENTERING OR USING THE HARBOUR.

II.—RATES ON ANIMALS, FISH, AND GOODS SHIPPED, UNSHIPPED, OR TRANSHIPPED WITHIN THE HARBOUR.

In charging the rates on goods, the gross weight or measurement of all goods to be taken; and for any less weights, measures, and quantities than those above specified, a proportion of the respective rates to be charged.

Five cubic feet not exceeding two and a half hundredweight, to be rated as a barrel bulk, but when the weight of five cubic feet is greater than two and a half hundredweight, then two and a half hundredweight to be rated as a barrel bulk.

III.—RATES FOR THE USE OF CRANES, WEIGHING MACHINES, AND SHEDS.

1. Cranes:—

2. Weighing machines:—

For goods weighed, one penny for each ton or part of a ton.

3. Shed dues:—

For each ton of goods of 8 barrels bulk, or for each ton of goods of 20 cwt., which shall remain in the sheds or on the quays of the harbour for a longer time than 48 hours, the sum of threepence; and the sum of 1½d. per ton for each day during which such goods shall remain after the first 48 hours.

GIRVAN.

Order for the Amendment of “The Harbour of Girvan Improvement Order, 1865,” with respect to the Levying of Rates and to the Borrowing of Money.

Repeal of Clauses 13. and 18. of the Order of 1865.

1. Clauses 13 and 18 of “The Harbour of Girvan Improvement Order, 1865,” in this Order called “the Order of 1865,” shall be deemed to be expunged therefrom.

Power to levy rates.

2. The Commissioners may demand and receive rates in respect of the vessels, persons, animals, and goods described in the Schedule to the Order of 1865, subject to the provisions of that Order, and of this Order, and subject and according to the following provisions, namely:—

(1.) Until the Commissioners have expended the sum of six thousand pounds on works authorized by the Order of 1865, they may demand and receive any rates not exceeding in each instance one half of those specified in the Schedule to that Order:

(2.) As soon as they have expended the sum of six thousand pounds on works authorized by the Order of 1865, they may demand and receive any rates not exceeding those specified in the said Schedule:

(3.) As soon as the harbour is completed and fit, at high water of ordinary spring tides, for the reception at all berths or jetties for loading coals, of vessels capable of carrying two hundred tons, they may demand and receive a rate of twopence per ton on all coals shipped within the harbour, in addition to the rate specified in the said Schedule:

Provided, that nothing herein contained shall authorize the Commissioners to levy the anchorage dues which before the commencement of the operation of the Order of 1865 were leviable, but which in terms of that Order have since ceased to be levied at the Harbour of Girvan.

Borrowing power.

3. The Commissioners may, from time to time, borrow on mortgage such money as may be required for the purposes of the Order of 1865, not exceeding in the whole the sum of twenty thousand pounds, on the security of the works authorized by that Order, and of the lands and property connected therewith, and of the rates authorized by that Order and by this Order, or of any of those particulars, or of any other property of the Commissioners; and any money borrowed under the Order of 1865 or this Order, and discharged otherwise than by means of the sinking fund, may be reborrowed if required for the purposes of the Order of 1865, and so toties quoties: Provided, that as soon as the said sum of twenty thousand pounds shall be paid off or discharged by means of the sinking fund, the additional rate of twopence per ton on coals, authorized by this Order, shall cease and determine.

Incorporation of part of 10 & 11 Vict. c. 16.

4. The clauses of “The Commissioners Clauses Act, 1847,” with respect to the mortgages to be executed by the Commissioners, shall be incorporated with this Order, subject to the provision that with reference to Section Eighty-four of the said Act the sum to be every year appropriated and set apart out of the rates as a sinking fund shall not be less than one fiftieth part of the principal monies borrowed, such appropriation to commence from the expiration of twelve months after full rates are exigible under this Order.

Application of money to be borrowed, and of rates and income.

5. The Commissioners shall apply all monies borrowed under this Order, or received by them from the rates authorized by the Order of 1865 and by this Order, for the purposes and in the manner directed by the Order of 1865; the interest accruing on money borrowed under this Order and any sum payable on account of the principal thereof, being substituted for the interest accruing on money borrowed under the Order of 1865, and any sum payable on account of the principal thereof.

Incorporation of Order of 1865.

6. The provisions of the Order of 1865 (save the clauses in this Order specified as expunged therefrom) shall remain in full force, and shall be read together with this Order as one Order.

Short Title.

7. This Order may be cited as “The Harbour of Girvan Improvement Order, 1867,” and this Order and the Order of 1865 may be cited together as “The Harbour of Girvan Improvement Orders, 1865 and 1867.”

ROTHESAY.

Order for the Extension and Construction of Piers, and for the Regulation of the Harbour of Rothesay, in the Burgh of Rothesay and County of Bute.

Undertakers.

1. The Trustees for the Harbour of Rothesay, under the Act of the first and second year of the reign of His late Majesty King William IV., chapter 34, intituled “An Act for improving, repairing, and maintaining the Harbours of the Burgh of Rothesay in the County of Bute, and for building and maintaining a Gaol, Court House, and Offices for the said Burgh and County,” herein-after called the Local Act, as such Trustees arc now constituted under the Local Act, taken in connexion with the Act (Public General) of the Fifteenth and Sixteenth year of the reign of Her present Majesty, chapter 32, intituled “An Act to alter and amend certain Provisions in the Laws relating to the Number and Election of Magistrates and Councillors in the Burghs in Scotland,” shall be the Undertakers under this Order.

Power to take land by agreement.

2. For the purposes of the works authorized by this Order, the Undertakers may from time to time, by agreement, enter on, take, and use all or any part of the lands within the limits of deviation shown on the plans deposited for the purposes of this Order.

Incorporation of Lands Clauses Acts.

3. “The Lands Clauses Consolidation (Scotland) Act, 1845,” and “The Lands Clauses Consolidation Acts Amendment Act, 1860,” except so much thereof respectively as relates to the purchase and taking of lands otherwise than by agreement, are hereby incorporated with this Order.

Works.

4. Subject to the provisions of this Order, and subject also to such alterations (if any) in the plans deposited for the purposes of this Order as the Board of Trade require from time to time before the completion of the works, in order to prevent injury to navigation, the Undertakers may, in the lines and according to the levels, and within the limits of deviation shown on the plans and sections deposited for the purposes of this Order, make and maintain the works shown on the deposited plans.

Description of works.

5. The works authorized by this Order comprise the following:

An increase of the breadth of the front or north pier of the said harbour of Rothesay to the extent of 30 feet, or thereby, additional on the north side thereof; and an extension of the said pier in a north-westerly direction to a point in a line with the western boundary of the west pier of the said harbour, and distant 115 feet or thereby from the northern extremity of the said boundary:

A wharf or pier extending from the north-western extremity of the said north pier, as so extended, 256 feet or thereby in a north-westerly direction to a point opposite to and at a distance of 250 feet or thereby from the north-west corner of the ship-building yard the property of the burgh of Rothesay:

The filling up and embankment of the space between the said wharf or pier and Victoria Street:

A small boat slip at or near the north-west extremity of the said wharf or pier:

The deepening, cleansing, and scouring of the said whole harbour, and particularly of the outer or east harbour, and the entrance thereto:

With all necessary additional approaches, warehouses, sheds, offices, cranes, weighing machines, and other necessary works and conveniences.

Time for completion of works.

6. The time for the completion of the works authorized by this Order shall be seven years after the passing of the Act confirming this Order.

Limits of harbour. 9 & 10 Vict. c. 299.

7. And whereas by an Act passed in the ninth and tenth year of the reign of Her present Majesty intituled “An Act for regulating the Municipal Government and Police of the Royal Burgh of Rothesay,” it was enacted that the jurisdiction for the purposes of the said Act of the provost and bailies and Procurator Fiscal of Rothesay, and of all the officers appointed under the said Act, should extend over the whole territory of the said burgh of Rothesay, and over the piers and harbours thereof, and over all boats and vessels in the said harbours and at the said piers, or lying within five hundred yards of the shore of said burgh, and over all persons and things on board of such boats and vessels; the limits of the harbour for the purposes of this Order shall include the whole works and property of the Trustees, and shall otherwise be co-extensive seaward with the jurisdiction conferred by the said Act, notwithstanding any other boundary of the harbour which may be laid down on any plan deposited with reference to this Order.

Application of Local Act to this Order.

8. The whole provisions of the Local Act, so far as applicable and not altered by this Order, shall extend and be applicable to the works hereby authorized and to the area of the harbour as herein defined.

Application of the Harbours, Docks, and Piers Clauses Act.

9. “The Harbours, Docks, and Piers Clauses Act, 1847,” shall not be incorporated with this Order, excepting in so far as regards the provisions with respect to the construction of the works hereby authorized, and the saving of rights sections of the Act.

Trustees may levy rates.

10. The Trustees may demand and receive, for the use of the works hereby authorized to be constructed, on all ships, brigs, sloops, barges, lighters, yachts, steam vessels, steam-boats, or other vessels or boats, entering or arriving at or using the said harbours or piers, or any of them, the rates, dues, and duties by the Local Act authorized to be levied for and at the said harbours, as modified by “The Harbours and Passing Tolls, &c. Act, 1861” to be levied, to the same extent, and by the same process, and in the same way and manner in all respects as the rates, dues, and duties leviable under the Local Act as so modified are and may be levied, demanded, and received.

Rates for use of cranes, &c.

11. The Trustees may also levy and take, for the use of all cranes, weighing machines, and other conveniences on any of their piers, any rates not exceeding those specified in the Schedule to this Order annexed.

Certain fishing vessels under stress of weather exempt from rates.

12. Fishing vessels belonging to countries with which for the time being treaties exist, exempting from duties and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom, shall, when forced by stress of weather to make use of any of the works of the Trustees, and not breaking bulk when in use thereof, be exempt from the rates leviable under the Local Act and this Order.

Power to borrow.

13. For the purpose of the purchase of lands and property and for the execution of the works hereby authorized, the Undertakers may, over and above any sums of money borrowed or to be borrowed under the authority of the Local Act, borrow and take up at interest on the credit of the whole rates, dues, and duties leviable by them under the Local Act and this Order, and of the other property vested in them, and in the manner by the Local Act provided or otherwise, any sum or sums of money not exceeding twenty-one thousand pounds, and, on any part of the same being repaid, re-borrow the same, if necessary.

Application of money borrowed.

14. Every part of the money borrowed under this Order shall be applied only for the purposes authorized by the Local Act and this Order, and for payment of the expenses of this Order.

Exemption of Custom House Officers from rates.

15. Officers of Customs being in the execution of their duty shall at all times have free ingress, passage, and egress on, to, over and from the harbour, pier, and works to which this Order relates, by land and with their vessels, without payment.

Power to purchases, lease, provide, or hire steam or other dredges, &c.

16. The Trustees may, for the purposes of the works authorized by this Order, or any of them, from time to time purchase, lease, provide, or hire such steam or other dredges, steam or other engines, steam-tugs, steam or other vessels, diving bells, ballast lighters, rubbish lighters, tools, plant, or other materials as they think fit; and may from time to time, as they think fit, sell and dispose of such dredges, tugs, vessels, diving bells, plant, and materials aforesaid, and shall apply the money thereby realized for carrying into effect the purposes of the Local Act and this Order, or some of them.

Saving rights of mortgagees under Local Act.

17. Nothing in this Order contained shall prejudice any security given for any money borrowed under the Local Act and which may remain due at the time of the passing of the Act confirming this Order, and every security so given shall have priority over every security given for money borrowed under this Order.

Saving rights under Crown Lands Act, 1866.

18. This Order shall not be taken as a consent to the surrender of any rights, interests, powers, authorities, or privileges transferred to the management of the Board of Trade by “The Crown Lands Act, 1866,” nor shall any works under this Order be commenced within limits affected by any such rights, interests, powers, authorities, or privileges, without the consent of the Board of Trade having been first obtained.

Short Title.

19. This Order may be cited as “The Rothesay Harbour Order, 1807.”

SCHEDULE referred to in the foregoing Order.

RATES FOR THE USE OF CRANES, WEIGHING MACHINES, &c.

I.—Cranes.

II.—Wheighing Machines.

III.—Gangways.

IV.—Shed Dues.

SEAFORD

Order for the Construction, Maintenance, and Regulation of a Pier at Seaford in the County of Sussex.

Incorporation of Company.

1. The following persons, namely, Henry Winter, James Hutton, and Thomas Hutchings, and all other persons and corporations subscribing to the undertaking authorized by this Order, and their executors, administrators, successors, and assigns respectively, shall be and are hereby constituted into a company for the purpose of making, maintaining, and regulating the Pier and Works authorized by this Order, and for those purposes shall be and are hereby incorporated by the name of “The Seaford Pier Company,” and by that name shall be one body corporate, with perpetual succession and a common seal, and with power to purchase, take, hold, and a dispose of lands and other property for the purposes, but subject to the restrictions, of this Order.

Undertakers.

2. The Seaford Pier Company, herein-after called the Company, shall be the undertakers of the Works authorized by this Order.

Incorporation of Clauses Acts.

3. “The Companies Clauses Consolidation Act, 1845,” and Part I. of “The Companies Clauses Act, 1863,” are hereby incorporated with this Order.

Capital.

4. The capital of the Company shall be five thousand Pounds, in five hundred shares of ten pounds each.

Shares not to be issued until one-fifth paid up.

5. The Company shall not issue any share created under the authority of this Order, nor shall any such share vest in the person accepting the same, unless and until a sum not being less than one fifth part of the amount of such share has been paid up in respect thereof.

Calls.

6. No call shall exceed two pounds ten shillings a share, or be made payable within three months of a previous call.

Power to create preference shares.

7. The Company, with the sanction of at least three-fifths in value of the votes of the Shareholders, present in person or by proxy, at a general meeting specially convened for that purpose, may attach to all or any of the then unissued shares, not exceeding one third part of the capital, dividend at a rate not exceeding five pounds per centum per annum in priority to the dividend on the other shares of the capital.

Borrowing on mortgage.

8. The Company, from time to time, may borrow on mortgage, at interest, any sum or sums of money, not exceeding in the whole one thousand six hundred pounds, but no money shall be so borrowed until the whole of the capital of five thousand pounds is subscribed for, and one half thereof is paid up, and the Company satisfy the justice who certifies under Section 40 of “The Companies Clauses Consolidation Act, 1845,” before he so certifies, that the whole of the capital has been issued and accepted, and that one half thereof has been paid up, and that not less than one fifth part of the amount of each separate share has been paid on account thereof before or at the time of the issue or acceptance thereof, and that the capital was issued bonâ fide; and is held by registered holders thereof, legally liable for so much thereof as is not paid up (of which satisfaction the certificate shall be conclusive evidence).

Receiver.

9. The Mortgagees of the Company may enforce the payment of the arrears of interest, or of principal and interest, due on their respective mortgages, by the appointment of a Receiver, and the amount to authorize a requisition for a Receiver is five hundred pounds.

No interest or dividend on calls.

10. The Company shall not, out of any money raised by calls or borrowing, pay interest or dividend to any Shareholder on the amount called up in respect of shares held by him; but this provision shall not prevent the Company paying to any Shareholder interest on money advanced by him beyond the amount of calls actually made, in conformity with the provisions of “The Companies Clauses Consolidation Act, 1845.”

Money not to be used for deposit under Standing Orders, &c.

11. The Company shall not, out of any money so raised, pay or deposit any money that may be required to be paid or deposited in relation to any application to Parliament or the Board of Trade.

Money to be applied for purposes or Order.

12. Every part of the money so raised shall be applied only for the purposes authorized by this Order.

First general meeting.

13. The first general meeting of the Company shall be held, within twelve months after the passing of an Act of Parliament confirming this Order, at such time and place as the Directors determine.

Number of Directors.

14. The number of Directors shall not be more than six or less than three.

Quorum of Directors.

15. The quorum of a meeting of Directors shall be two.

First Directors.

16. Henry Winter, James Hutton, Thomas Hutchings, with such other Shareholders (if any) as they add to their number, shall be the first Directors; and the first Directors shall continue in office till the first general meeting of the Company, when they shall retire from office, and Directors shall be elected by the meeting, the retiring Directors being eligible.

Qualification.

17. The qualification of a Director elected by the Shareholders, or nominated as aforesaid, shall be the holding, in his own right, of shares in the capital of the Company to the aggregate nominal amount of at least one hundred pounds.

Remuneration.

18. The remuneration of the Directors shall, from time to time, be fixed by a general meeting, and shall be divided among the Directors as they determine.

Power to take lands by agreement.

19. For the purposes of the Works authorized by this Order, the Company may from time to time, by agreement, enter on, take, and use all such parts of the lands shown on the deposited plans as they think requisite for the purposes of the proposed Pier and Works, and the conveniences connected therewith.

Incorporation of Lands Clauses Act.

20. “The Lands Clauses Consolidation Act, 1845,” except so much thereof as relates to the purchase or taking of lands otherwise than by agreement, and “The Lands Clauses Consolidation Acts Amendment Act, 1860,” shall be incorporated with this Order.

Power to make Works.

21. Subject to the provisions of this Order, and subject also to such alterations, if any, in the deposited Plan, as the Board of Trade require from time to time before the completion of the Works, in order to prevent injury to navigation, the Company may, on the lands taken by them under this Order, and in the lines and according to the levels shown on the deposited plan and section (as far as the same are shown thereon), and within the limits of deviation shown on the Plan, make and maintain the Pier and Works authorized by this Order.

Description of works authorized.

22. The Works authorized by this Order comprise the following:—

A Promenade Pier at Seaford in the County of Sussex, with a Landing Place and all necessary works and conveniences for the embarking and landing of passengers, goods, and merchandise, and for other purposes, commencing at a point at or near high-water mark, situate eight chains, or thereabouts, west of the west side of Seaford Battery, in the Parish of Seaford, otherwise Meeching, in the County of Sussex, and extending from such point of commencement into the sea, in a south-westerly direction, a distance of four hundred and fifty feet or thereabouts.

Power to take rates according to Schedule to this Order.

23. The Company may demand and receive in respect of the vessels, good, persons and things described in the Schedule hereto, any sums not exceeding the rates in that Schedule specified.

Certain fishing vessels under stress of weather exempt from rates.

24. Fishing vessels belonging to countries with which, for the time being, treaties exist exempting from duties and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom, shall, when forced by stress of weather to make use of the Pier authorized by this Order, and not breaking bulk while making use thereof, be exempt from rates leviable under this Order.

Company may contract with persons for the use of the Pier.

25. The Company may grant to passengers and promenaders, or others, pass tickets for the use of the Pier, on such terms and for such a period, not exceeding one year, as are agreed on, but so that no preference be given to any person. Such pass ticket shall not be transferable, and shall not be used by any person except the person for whom it is granted, or by any person after the period limited for its use. If any person acts in any way in contravention of this provision, or uses, or attempts to use, any false or counterfeit ticket, he shall, for every such offence, be liable to a penalty not exceeding twenty shillings, to be recovered and applied as penalties are recoverable and applicable under “The Harbours, Docks, and Piers Clauses Act, 1847,” for all the purposes of which Act this Order shall be deemed the Special Act.

Custome House officers exempt from rates.

26. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress to, on, along, and from the Pier, by land and with their vessels, and otherwise, without payment.

Lands for extraordinary purposes.

27. The Company shall not purchase, for extraordinary purposes, lands exceeding in extent, in the whole, three acres.

Meters and Weighers.

28. The Company shall have the appointment of Meters and Weighers on, or in connexion with, the Pier.

Parts of Harbours, &c. Act, 1847, excepted.

29. The following sections of “The Harbours, Docks, and Piers Clauses Act, 1847,” shall not be incorporated with this Order, namely, Sections Sixteen to Nineteen, and Twenty-one to Twenty-three, all inclusive.

Steam engines, diving bells, lighters, &c.

30. The Company may provide such steam engines, steam vessels, tugs, piling engines, diving bells, ballast lighters, rubbish lighters, moorings, dredging machines, and other machinery, vessels and things, as they think necessary for effectuating any of the purposes of this Order, and may demand and receive such sums for the use of the same as they think reasonable.

Part V. of 24 & 25 Vict. c. 47. to apply.

31. Part V. of “The Harbours and Passing Tolls, &c., Act, 1861,” shall apply to the Works authorized by this Order.

Restriction on use of Pier.

32. Nothing in this Order shall entitle any person, with any vessel or boat, to ship or unship at the Pier authorized by this Order any sheep, cattle, or merchandise, or to ship or unship there anything which, in the judgment of the Company, might in any manner interfere with the use of the Pier for recreation, or for the embarking or landing of passengers.

Saving of rights under Crown Lands Act, 1866.

33. This Order shall not be taken as a consent to the surrender of any rights, interests, powers, authorities, or privileges transferred to the management of the Board of Trade by “The Crown Lands Act, 1866,” nor shall any works under this Order be commenced within limit affected by any such rights, interests, powers, authorities, or privileges, without the consent of the Board of Trade having been first obtained.

Short Title.

34. This Order may be cited as “The Seaford Pier Order, 1867.”

SCHEDULE to which the foregoing Order refers.

I.—RATES ON VESSELS USING THE PIER.

II.—RATES OF GOODS SHIPPED OR UNSHIPPED AT THE PIER.

All other Goods not particularly enumerated above.

In charging the rates on goods, the gross weight or measurement of all goods to be taken; and for any less weights, measures, and quantities than those above specified, a portion of the respective rates shall be charged.

III.—RATES FOR USE OF CRANES, WEIGHING MACHINES, AND SHEDS.

1st, Rates of Craneage.

2nd, Weighing Machines.

3rd, Shed Dues.

IV.—RATES FOR SUPPLYING WATER ON PIER.

V.—RATES ON PASSENGERS AND PROMENADERS USING THE PIER.

VI.—RATES ON PASSENGERS’ LUGGAGE.