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EXE BIGHT.
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Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier in the Exe Bight in the Harbour of the River Exe in the County of Devon.
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Preamble.
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Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the Right Honourable William Reginald Earl of Devon 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 William Reginald Earl of Devon, as promoter, to construct a pier on the soil and bed of the River Exe and lands adjoining thereto and contiguous to that part of the River Exe called the Exe Bight in the county of Devon, to complete the execution of the works, to levy tolls and rates, and also to borrow a sum, not exceeding fifteen thousand pounds, on the security of the said rates, for the construction of such works as aforesaid:
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And whereas the estimated expenditure on the said works is fifteen thousand pounds, and no more:
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And whereas the promoter published the advertisements and deposited the documents which he was by the last-mentioned Act required to publish and deposit:
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And whereas the said William Reginald Earl of Devon has undertaken the construction of an embankment on the foreshore of the river Exe, extending from Starcross to Warren Point, (which proposed embankment was approved, so far as regards navigation, by the Lords Commissioners of the Admiralty by Order dated the 5th day of December 1862,) and the proposed pier is intended to be constructed in connexion with that embankment:
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And whereas it is expedient that the site and dimensions o the proposed pier be under the control of the Board of Trade, with a view to the prevention of injury to the navigation of the river Exe:
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And whereas the proposed embankment is likely to be completed in the course of the year 1864, but until it is completed the proper site and dimensions for the proposed pier cannot be determined:
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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 of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):
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New, 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—
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That, from and immediately after the passing of the Act of Parliament confirming this Provisional Order, the following provisions shall take effect, and be in force:
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Undertakers.
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1. The said William Reginald Earl of Devon, his heirs assigns, or other his successors in estate, shall be the undertakers of the works authorized by this Order.
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Lands.
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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 shown on the deposited plans as intended to be taken for the purposes of the proposed works.
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Lands Clauses Acts.
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3. The Lands Clauses Consolidation Act, 1845, except so much thereof as relates to the purchase and taking of land otherwise than by agreement, and The Lands Clauses Consolidation Acts Amendment Act, 1860, shall be incorporated with this Order.
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Works.
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4. Subject to the provisions of this Order, the undertakers may, on the lands taken by them under this Order, and on 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.
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Description of works.
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5. The works authorized by this Order comprise the following:
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1. A pier or jetty commencing at or near a place about 2,300 feet distant in a south-easterly direction from the point on the South Devon Railway where a stream called Cockwood Lake passes under the railway, and extending into the Exe Bight in a north-easterly direction, and in a straight line about 396 feet or thereabouts, and then turning both in a south-easterly and in a north-westerly direction, and extending in each of those directions about 330 feet or thereabouts;
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2. To dredge, scour, cleanse, or remove any bank of sand or mud adjoining the proposed pier or jetty;
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with all necessary or proper buoys, warping-posts, guides, helps, quays, wharfs, approaches, works, and conveniences connected with the proposed pier or jetty.
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Approval of Board of Trade for site, &c.
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6. Notwithstanding anything herein-before contained, the proposed pier shall not be constructed, except on such site (within the limits of deviation shown on the deposited plans) and of such dimensions as the Board of Trade may from time to time, before the completion of the proposed pier, direct or approve, with a view to the prevention of injury to the navigation of the river Exe.
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Rates.
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7. The undertakers may demand and receive in respect of the vessels, goods, persons, and things in the schedule hereto described any sums not exceeding the rates in the schedule specified.
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Pass tickets.
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8. The undertakers 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 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 all the purposes of which Act this Order shall be deemed the Special Act.
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Customs officers.
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9. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress on, into, along, through, and out of the pier and works by land, and with their vessels and otherwise, without payment.
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Borrowing.
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10. For the purposes of this Order the undertakers may from time to time borrow and re-borrow at interest, on mortgage of all or any part of the rates authorized by this Order, and of the lands and property vested in the undertakers under or by virtue of this Order, such sum or sums of money as they may think fit, not exceeding in the whole the sum of fifteen thousand pounds.
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Commissioners Clauses Act.
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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.
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Sinking fund.
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12. The sum to be every year appropriated as a sinking fund is one fiftieth part of the principal money borrowed, such appropriation to commence from the expiration of one year after the undertakers are authorized to begin to demand and receive rates under this Order.
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Receiver.
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13. The mortgagees of the undertakers 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. The amount to authorize a requisition for a receiver is 1,000l.
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Application of money.
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14. All money borrowed under this Order shall be applied only for the purposes of the undertaking.
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Application of rates.
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15. The rates received under this Order shall be applicable for the purposes and in the order following, and not otherwise:
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1. In paying the expenses of and connected with the applying for, obtaining, and making of this Order.
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2. In paying year by year the expenses of the maintenance, management, and regulation of the pier and works authorized by this Order.
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3. In paying year by year the interest on any money borrowed under this Order, and in creating year by year the sinking fund required by this Order.
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4. And as to the surplus of each year’s revenue of the said pier and works, that is to say, so much of the rates as may remain after answering the three several purposes aforesaid, the same shall be applicable by the undertakers to and for their own use and benefit.
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Meters and weighers.
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16. The undertakers shall have the appointment of meters and weighers employed about he pier.
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Power to transfer.
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17. The undertakers may at any time, by deed, transfer or lease to the South Devon Railway Company, their lessees or assigns, or to any other company or corporation, their lessees or assigns, if and when the said Railway Company, their lessees or assigns, or any other company or corporation, their lessees or assigns, are, lawfully empowered to take a transfer or lease under the present provision, or to any person or persons, all or any part of the works herein specified, and the right to receive all or any part of the rates authorized by this Order, but so that any deed of transfer or lease under this provision shall not have any effect unless it is made with the approval of the Board of Trade, testified in writing signed by a Secretary of the Board.
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Harbours and Passing Tolls Acts.
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18. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to the pier and works authorized by this Order.
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Harbours Clasuses Act.
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19. Sections 16, 17, 18, 19, 49, and 50 of The Harbours, Docks, and Piers Clauses Act, 1847, shall not be incorporated with this Order; provided, with respect to the said sections 49 and 50, that this exception shall not apply if any such transfer or lease as aforesaid is made to any Company or Corporation, and so long as such transfer or lease remains in operation.
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Saving for Corporation of Exeter.
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20. Nothing in this Order shall prejudice, diminish, alter, or take away any rates, tolls, or dues belonging or payable to the Mayor, Aldermen, and Burgesses of the City of Exeter within the limits of the Port of Exeter.
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Short title.
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21. This Order may be cited as The Exe Bight Pier Order, 1864.
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Board of Trade, Whitehall.
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Dated this 23d day of March 1864.
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(Signed) T. H. FARRER, Marine Secretary.
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SCHEDULE to which this Order refers.
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I.—RATES ON VESSELS USING THE PIER.
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s.
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d.
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For every vessel under the burden of one hundred tons, per ton
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0
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4
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For every vessel of the burden of one hundred tons, and under one hundred and fifty tons, per ton
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0
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5
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For every vessel of the burden of one hundred and fifty tons and upwards, per ton
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0
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6
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All lighters, for each trip, per ton
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0
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2
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All other boats entirely open landing or taking on board goods, each
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0
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6
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II.—RATES ON GOODS SHIPPED OR UNSHIPPED AT THE PIER.
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Ale, beer, and porter, per hogshead
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0
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6
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Ale (bottled), per barrel
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0
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3
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Ditto, per dozen bottles
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0
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1
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Anchors, per cwt.
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0
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2
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Anchor stock, per foot run
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0
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1
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Apples, per ton
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1
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0
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Bark, per ton
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0
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6
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Bedding, per bundle
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0
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2
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Beef or pork, per cwt.
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0
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2
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Ditto, per barrel
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0
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4
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Biscuit or bread, per cwt.
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0
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2
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Blubber, per ton of 252 gallons
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1
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0
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Bones and bone dust, per ton
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1
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0
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Bottles, per gross
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0
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6
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Bricks, per 1,000
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1
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0
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Butter and lard, per barrel
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0
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3
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Ditto, per firkin
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0
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2
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Cables, iron or hempen, per ton
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1
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0
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Canvas, per bolt
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0
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1
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Casks (empty), not being returned packages, per puncheon
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0
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2
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Other casks in proportion.
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Cattle:
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Bulls, cows, and oxen, each
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2
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0
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Calves, each
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0
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6
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Horses, each
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3
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0
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Pigs, each
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0
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3
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Sheep, each
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0
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3
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Chalk, per ton
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0
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6
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Cheese, per cwt,
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0
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3
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Chimney pots, each
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0
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1
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Clay, per ton
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0
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4
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Cloth, haberdashery, &c., per package, not exceeding one cwt.
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0
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6
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Carriages:
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Chaises and other four-wheeled carriages, each
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5
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0
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Gigs, carts, and other two-wheeled carriages, each
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2
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6
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Hand-carts and perambulators, each
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0
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6
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Coals, per ton
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0
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4
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Copper, per ton
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2
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0
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Cordage, per cwt.
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0
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2
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Cork, per cwt.
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0
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3
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Crystal, per box or package
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0
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4
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Dogs, each
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0
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3
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Drugs (in casks, hampers, or boxes), per foot
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0
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2
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Earthenware (in casks, hampers, or boxes), per foot
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0
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1
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|
Ditto (in crates), per foot
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0
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1
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|
Eggs, per box
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0
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2
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|
Fish (dried and salted), per cwt.
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0
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1
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|
Ditto, fresh (not enumerated), per cwt.
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0
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1
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|
Flax, per ton
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1
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6
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|
Flour and meal, per sack
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0
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2
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Ditto, per barrel
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0
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1
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Fruit, per cwt.
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0
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2
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Furniture (household), per 5 cubic feet
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0
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3
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|
Glass, per large crate
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1
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0
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|
Ditto, per small ditto or case
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0
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9
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|
Ditto, per box
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0
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4
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|
Grain, corn, and seeds, per quarter
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0
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4
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|
Groceries (not enumerated), per cwt.
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0
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4
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|
Guano, per ton
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1
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0
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|
Gunpowder, per barrel or keg
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0
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6
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|
Hams, bacon, or tongues, per cwt.
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0
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3
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|
Hardware, per ton
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1
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6
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|
Hares and rabbits, per dozen
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0
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2
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|
Hay, per ton
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1
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0
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|
Ditto, per truss
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0
|
1
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|
Hemp, per ton
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1
|
6
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|
Herrings (fresh), per 1,000
|
0
|
2
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|
Ditto (cured), per barrel
|
0
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3
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|
Hides:
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|
|
|
Ox, cow, or horse (wet or dry), each
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0
|
1
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|
Hops, per pocket
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0
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6
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|
Iron:
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|
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|
Bar, bolt, rod, and shots, per ton
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1
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0
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|
Pig and old, per ton
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0
|
9
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|
Manufactured, per ton
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1
|
6
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|
Kelp, per ton
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1
|
6
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|
Lead, per ton
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1
|
6
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|
Leather (tanned and dressed), per cwt.
|
0
|
3
|
|
Lime, per ton
|
0
|
6
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|
Limestone, per ton
|
0
|
2
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|
Machinery, per ton
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2
|
0
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|
Manure, not enumerated, per ton
|
0
|
6
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|
Masts and spars, 10 inches in diameter and upwards, each
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2
|
0
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|
Masts and spars, Under 10 inches, each
|
1
|
0
|
|
Meat (fresh), per cwt.
|
0
|
3
|
|
Musical instruments, per cube foot
|
0
|
1
|
|
Note, per 5 cube feet
|
0
|
2
|
|
Oakum, per cwt.
|
0
|
1
|
|
Oils, per tun
|
1
|
6
|
|
Oilcake, per ton
|
1
|
0
|
|
Oranges and lemons, per box
|
0
|
3
|
|
Ores, per ton
|
0
|
4
|
|
Oysters, per bushel
|
0
|
1
|
|
Paint, per cwt.
|
0
|
2
|
|
Pitch and tar, per barrel
|
0
|
3
|
|
Potatoes, per cwt.
|
0
|
1
|
|
Poultry and game, per dozen
|
0
|
3
|
|
Rags and old rope, per ton
|
1
|
0
|
|
Sails, per cwt.
|
0
|
3
|
|
Salt, per ton
|
1
|
0
|
|
Sand, per ton
|
0
|
2
|
|
Shrimp baskets, each
|
0
|
1
|
|
Skins: Calf, goat, sheep, lamb, or dog, per dozen
|
0
|
3
|
|
Slates, per ton of 24 cubic feet
|
1
|
0
|
|
Spirits (Foreign and British), per hogshead
|
1
|
0
|
|
Ditto ditto per gallon
|
0
|
1
|
|
Stones, per ton of 16 cubic feet
|
1
|
0
|
|
Steel, per ton
|
1
|
6
|
|
Sugar, per cwt.
|
0
|
2
|
|
Tallow, soap, and candles, per cwt.
|
0
|
2
|
|
Tea, per chest
|
0
|
6
|
|
Tiles, per 1,000
|
1
|
0
|
|
Tin and zinc, per ton
|
2
|
0
|
|
Tobacco, per cwt.
|
0
|
4
|
|
Turnips, per ton
|
0
|
4
|
|
Turpentine and varnish, per barrel
|
0
|
3
|
|
Turtle, each
|
2
|
0
|
|
Vegetables (not enumerated), per cwt.
|
0
|
2
|
|
Vinegar, per hogshead
|
0
|
4
|
|
Vitriol, per carboy
|
1
|
0
|
|
Water, per cask
|
0
|
1
|
|
Wine, per hogshead
|
1
|
0
|
|
Ditto, bottled, per dozen bottles
|
0
|
2
|
|
Wood:
|
|
|
|
Fir, pine, and other descriptions not enumerated, per load of 50 feet
|
1
|
0
|
|
Oak or wainscot, per load of 50 feet
|
1
|
6
|
|
Firewood, per 210 cubic feet fathom
|
1
|
0
|
|
Laths and lathwood, per fathom of 216 cubic feet
|
1
|
6
|
|
Handspikes, per 120
|
2
|
0
|
|
Oars, per 120
|
2
|
0
|
|
Spars, under 22 feet in length, above 2½ and under 4 inches in diameter, per 120
|
2
|
6
|
|
Ditto, 2½ inches in diameter and under, per 120
|
2
|
0
|
|
Ditto, 22 feet in length and upwards, and not exceeding 4 inches in diameter, per 120
|
5
|
0
|
|
Ditto, above 4 and under 6 inches in diameter, per 120
|
7
|
0
|
|
Spokes of wheels not exceeding 2 feet in length, per 120
|
1
|
0
|
|
Spokes of wheels exceeding 2 feet in length, per 120
|
1
|
6
|
|
Trenails, per 1,000
|
1
|
0
|
|
Wedges, per 1,000
|
1
|
0
|
|
Pipe staves and others in proportion, per 120
|
1
|
0
|
|
Lignum vitæ, fustic, logwood, mahogany, and rosewood, per ton
|
1
|
6
|
|
Wool, per cwt.
|
0
|
3
|
|
Yarn, per cwt.
|
0
|
1
|
|
| |
All other Goods not particularly enumerated in the above Table.
|
| | |
Light goods, per cube foot
|
0
|
1
|
|
Heavy goods, per ton
|
2
|
0
|
|
| |
In charging the rates on goods the gross weight or measurement of all goods to be taken, and for any greater or less weights, measures, and quantities than those above specified a proportion of the respective rates shall be charged, but when there shall be a fraction of a penny 1d. to be chargeable.
|
| |
III.—RATES FOR USE OF CRANES, WEIGHING MACHINES, AND SHEDS.
|
| |
1st. Rates of Craneage.
|
| | |
All goods or packages not exceeding 1 ton
|
0
|
4
|
|
Exceeding 1 ton, and not exceeding 2 tons
|
0
|
6
|
|
Exceeding 2 tons, and not exceeding 3 tons
|
0
|
8
|
|
Exceeding 3 tons, and not exceeding 4 tons
|
0
|
10
|
|
Exceeding 4 tons, and not exceeding 5 tons
|
1
|
0
|
|
Exceeding 5 tons, and not exceeding 6 tons
|
1
|
2
|
|
Exceeding 6 tons, and not exceeding 7 tons
|
1
|
4
|
|
Exceeding 7 tons, and not exceeding 8 tons
|
1
|
6
|
|
Exceeding 8 tons, and not exceeding 9 tons
|
1
|
10
|
|
Exceeding 9 tons, and not exceeding 10 tons
|
2
|
4
|
|
Exceeding 10 tons
|
3
|
6
|
|
| |
2nd. Weighing Machines.
|
| | |
For goods weighed, for each ton or part of a ton
|
0
|
2
|
|
| |
3rd. Shed Dues,
|
| | |
For each ton of goods of 40 cubic feet, or for each ton of goods of 20 cwt. which shall remain in the sheds or other works of the pier for a longer time than 48 hours, the sum of 3d.; and the sum of 1½d. per ton for each day during which such goods shall remain after first 48 hours.
|
|
|
|
For any portmanteau, trunk, parcel, or other articles of passengers luggage, for each day or part of a day, per package
|
0
|
2
|
|
| |
IV.—RATES FOR LAYING WATER MAINS ON PIER.
|
| |
|
| |
V.—RATES ON PASSENGERS AND PROMENADERS USING THE PIER.
|
| | |
For every passenger or other person who shall land on the pier from, or embark from it on board of, any ship, vessel, packet, or passage boat, for each and every time any sum not exceeding
|
0
|
3
|
|
For every person who shall use the pier for the purpose of walking for exercise, pleasure, or any other purpose, except for embarking or disembarking, for each and every time any sum not exceeding
|
0
|
1
|
|
For every bath or sedan chair taken on the pier, for each and every time any sum not exceeding
|
0
|
3
|
|
For every perambulator
|
0
|
1
|
|
For every master of any vessel, boat, or wherry using the said pier for the purpose of going to or returning from his own vessel, boat, or wherry, an annual sum not exceeding
|
10
|
0
|
|
| |
VI.—RATES ON PASSENGERS LUGGAGE.
|
| | |
For every trunk, portmanteau, box, parcel, or other package within the description of luggage, not exceeding 28 lbs.
|
0
|
1
|
|
Over 28 lbs. and not exceeding 84 lbs.
|
0
|
2
|
|
Over 84 lbs. and not exceeding 140 lbs.
|
0
|
3
|
|
Over 140 lbs. and not exceeding 2 cwt.
|
0
|
4
|
|
And for every cwt, beyond
|
0
|
2
|
|
And for every 20 lbs. weight in addition
|
0
|
1
|
|
