Pier and Harbour Orders Confirmation Act, 1864

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HOLYWOOD.

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier and Quay at Holywood in the County of Down.

Preamble.

Whereas under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the Holywood Pier Company, Limited, made application by memorial to the Lords of the Committee of Her Majesty’s Most Honourable Privy Council appointed for the consideration of matters relating to Trade and Foreign Plantations, herein-after called the Board of Trade, praying the Board of Trade to make a Provisional Order under the said Acts, and thereby to empower the said Holywood Pier Company, Limited, to erect a Pier and Quay at Holywood aforesaid, and to execute all necessary works connected therewith, and to acquire such land as may be requisite for those purposes, and to levy and recover tolls, rates, and duties thereat, according to the schedule annexed to the Draft Provisional Order, and also to borrow a sum not exceeding seven thousand eight hundred pounds on the security of the said tolls, rates, and duties for the construction of such works as aforesaid:

And whereas the estimated expenditure on the said works and connected therewith is seven thousand eight hundred pounds, and no more:

And whereas the promoters published the advertisements and deposited the documents which they were by the last-mentioned Act required to publish and deposit:

And whereas the Board of Trade, after making such inquiries as they have thought expedient, have settled this present Provisional Order, and intend to cause a Bill to be introduced into Parliament for the purpose of obtaining an Act for confirmation thereof (until which confirmation this Provisional Order will not be of any validity or force whatever):

Now, therefore, the Board of Trade do, by this their Provisional Order, in pursuance of The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, and by virtue and in exercise of the powers thereby respectively in them vested, and of every other power enabling them in this behalf, order—

That from and immediately after the passing of an Act of Parliament confirming this Provisional Order the following provisions shall take effect and be in force:

The undertakers.

1. The Holywood Pier Company, Limited, herein-after called the Company, shall be the undertakers of the works authorized by this Order.

Power to take specified lands by agreement.

2. 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 any part of the lands shown on the deposited plans as intended to be taken for the purposes of the proposed works.

Lands Clauses Acts incorporated.

3. 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.

Lands for extraordinary purposes.

4. The Company shall not purchase for extraordinary purposes land exceeding in extent in the whole two acres.

Power to make works.

5. Subject to the provisions of this Order, the Company may, on the lands taken by them under this Order, and in the lines, and according to the levels, and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans.

Description of works.

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

(1.) A Pier at Holywood, on iron piles, commencing in the bed or shore of Belfast Lough at a point seventy-five yards or thereabouts distant (measured in the line the continuation of Shore Street) from the Bath-house at the corner of Shore Street and Marine Parade, and extending north-westward over the bed or shore of Belfast Lough for a distance of twelve hundred and fifty-three yards or thereabouts, terminating at the navigation channel:

(2.) A Quay, commencing in the bed or shore of Belfast Lough at the point above described, and extending north-westward along the east side of the before-described pier for a distance of three hundred and fifty-six two-thirds yards or thereabouts, terminating at a point in the bed or shore of Belfast Lough:

together with all necessary and convenient landing places, wharves, jetties, cranes, weighing machines, works, and conveniences connected with such Pier and Quay respectively.

Power to take rates according to schedule.

7. The Company may demand and receive in respect of the vessels, boats, persons, animals, goods, and things in the schedule hereto described any sums not exceeding the rates in that schedule specified.

Commencement of rates.

8. As soon as either the Pier or the Quay is completed and fit for the accommodation or reception of the vessels, boats, persons, animals, goods, or things in respect of which rates are by this Order authorized to be levied, then (whether the remaining part of the works authorized by this Order is completed or not) the Company may begin and they may thenceforth continue to demand and receive such of the rates specified in the schedule to this Order as are applicable to the Pier or Quay so completed and fit (as the case may be).

Certificate of completion.

9. A certificate under the hand of the chairman of the Quarter Sessions shall be conclusive evidence that the Pier or the Quay (as the case may be) is so completed and fit as aforesaid; and the chairman shall sign such certificate on proof being adduced to him of such completion and fitness.

Power to borrow for works.

10. For the purposes of this Order the undertakers may from time to time borrow and re-borrow at interest, on mortgage o the undertaking and the rates payable under this Order, such moneys as they think fit, not exceeding in the whole seven thousand eight hundred pounds.

Commissioners Clauses Act.

11. The provisions of the Commissioners Clauses Act, 1847, with respect to the mortgages to be executed by the Commissioners, shall be incorporated with this Order.

Sinking fund.

12. The sum to be every year appropriated as a sinking fund is one thirtieth part of the principal money borrowed, such appropriation to commence from the expiration of one year after any such certificate of completion and fitness as aforesaid has been obtained by the Company.

Receiver for mortgagees.

13. The mortgagees of the Company may enforce the payment of the arrears of interest or the arrears of principal and interest due to them by the appointment of a receiver.

Amount for receiver.

14. The amount to authorize a requisition for a receiver is five hundred pounds.

Application of money borrowed.

15. All money borrowed under this Order shall be applied only for purposes of the undertaking.

Meters and weighers.

16. The Company shall have the appointment of meters and weighers in connexion with the Pier and Quay respectively.

Power to contract with persons for use of pier.

17. The Company may grant to passengers and promenaders tickets for the use of the Pier on such terms, and for such period not exceeding one year, as may be agreed on, but so that no preference be given to any person. Such a 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 the purposes of which Act this Order shall be deemed the special Act.

Parts of Harbours, Docks and Piers Clauses Act, 1847, excepted.

18. The following sections of The Harbours, Docks, and Piers Clauses Act, 1847, shall not be incorporated with this Order, namely, sections sixteen to twenty-three both inclusive, and sections twenty-five and twenty-six.

Exemptions of Custom House Officers from rates.

19. 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 and Quay with their vessels and otherwise without payment.

Part V. of 24 & 25 Vict.

20. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to the works authorized by this Order.

c. 47. to apply Application of rates.

21. The rates to be received under this Order shall, after payment of expenses of management, maintenance, and regulation of the Pier and Quay, and of interest on money borrowed, and after provision for the sinking fund, be applicable by the Company to and for their own proper use and benefit.

Short title.

22. This Order may be cited as The Holywood Pier and Quay Order, 1864.

Board of Trade, Whitehall.

Dated this 22d day of March 1864.

(Signed) T. H. FARRER, Marine Secretary.

SCHEDULE referred to in foregoing Order.

RATES ON VESSELS USING THE PIER.

RATES ON GOODS OR ANIMALS SHIPPED OR UNSHIPPED, RECEIVED OR DELIVERED, AT THE PIER OR QUAY.

ALL OTHER GOODS NOT PARTICULARLY ENUMERATED ABOVE.

In charging rates on goods, the gross weight or measurement of all kinds to be taken; and for any less weight, measure, or quantity than those above specified, a proportion of the above rate shall be charged. Five cubic feet not exceeding 2½ cwt. to be rated as a barrel bulk, but when the weight of five cubic feet is greater than 2½ cwt., then 2½ cwt. To be rated as a barrel bulk.

RATES OF CRANEAGE AND WEIGHING MACHINES TO BE PROVIDED.

Weighing Machines.

SNED DUES.

PASSENGERS AND PROMENADERS USING THE PIER.