Pier and Harbour Orders Confirmation Act, 1864

FILEY

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Harbour at Filey in the Country of York.

Preamble

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the promoters of the Filey Fishery Harbour in the county of York made application by a memorial to the Lords of the Committee of Her Majesty’s Most Honourable Privy Council appointed for the consideration of mutters relating to Trade and Foreign Plantations, herein-after called the Board of Trade, setting forth the necessity of a harbour at Filey in the county of York, and praying their Lordships to approve the project thus submitted, and to grant a Provisional Order for its execution, containing all proper powers and privileges for the complete execution of the works, and for the levying of rates, and for the incorporation of a Company for the undertaking:

And whereas the estimated expenditure on the proposed works is one hundred thousand pounds and no more:

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

And whereas the Board of Trade, after making such inquiries as they have thought expedient, have settled this Provisional Order, and intend to cause a Bill to be introduced into Parliament for the purpose of obtaining an Act for the confirmation of this Provisional Order (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:

Filey Fishery Harbour Company.

Incorporation of Company.

1. The following persons, namely, Sir John Mark Frederic Smith, Knight, a General in Her Majesty’s Army, John Unett, Esquire, Henry Bentley, Esquire, and William Smithson Cortis, Esquire, and all other persons and corporations who have subscribed or shall subscribe 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 Filey Fishery Harbour 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 purposes but subject to the restrictions of this Order.

Undertakers.

2. The Filey Fishery Harbour 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, shall be incorporated with this Order.

Capital.

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

Calls.

5. 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.

6. 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.

7. The Company, from time to time, may borrow on mortgage at interest any sum or sums of money not exceeding in the whole fifty thousand pounds, but no money shall be so borrowed until the whole of the capital of one hundred thousand pounds is subscribed for or taken, and one half thereof is paid up, and the Company satisfy the Justice who certifies under section forty of The Companies Clauses Consolidation Act, 1845, before he so certifies, that all the capital has been subscribed for or taken 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.

8. 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 ten thousand pounds.

No interest or dividend on calls.

9. 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 such interest on any money advanced by him beyond the amount of calls actually made as may be in conformity with provisions of The Companies Clauses Consolidation Act, 1845.

Money not to be used for deposit, &c.

10. 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 to purpose of Order.

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

First general meeting.

12. 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.

13. The number of directors shall not be more than nine or less than five.

Quorum of directors.

14. The quorum of a meeting of directors shall be three.

First directors.

15. General Sir John Mark Frederic Smith, Knight, John Unett, Henry Bentley, and William Smithson Cortis, with such other shareholders (it 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 re-eligible.

Qualification.

16. 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 two hundred and fifty pounds.

Remuneration.

17. 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.

Lands.

Power to take lands by agreement.

18. 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 harbour and works, and the conveniences connected therewith.

Incorporation of Lands Clauses Acts.

19. 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.

Works.

Power to make works.

20. 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 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 harbour and works authorized by this Order.

Description of works authorized.

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

(1.) A quay or pier commencing about, seventy yards southward of a point on the western shore of Filey Bay, called The North Cobble Landing, and extending seawards one thousand one hundred and thirty yards or thereabouts in an easterly direction;

(2.) A breakwater commencing at or near to the eastern extremity of Carr Nase Point on the northern side of Filey Bay, and extending along Filey Brigg in an easterly direction for a distance of three hundred yards or thereabouts, and thence in a south-easterly direction along the Spittals for a distance of two hundred and ninety yards or thereabouts;

with all piers, jetties, landing-places, breakwaters, roads, approaches, embankments, and other works and conveniences connected with such quay or pier or breakwater for the reception and accommodation of vessels and their cargoes, and for the embarking and landing of persons, fish, animals, and goods.

Filey.

Limits of the harbour.

22. The limits of the harbour shall include the lands, foreshore, and bed of the sea contained within the following lines:

First. An imaginary line commencing on the line of high-water mark of ordinary spring tides on the shore of the township of Filey, at a point thereon distant four hundred yards southward of the South Cobble Landing, and drawn thence eastwardly at that distance from the proposed pier until it meets the line next herein-after described:

Second. An imaginary line commencing on the line of high-water mark of ordinary spring tides on the shore of the township of Filey at a point thereon north-westward of and at a distance of seven hundred feet or thereabouts from Carr Naze Point, at the commencement of the proposed breakwater, and drawn thence south-eastwardly through a point on the shore of Filey Brigg at a distance of one thousand feet or thereabouts from and about east and by north from Carr Naze Point, and thence at a distance of one hundred yards from the south-eastern extremity of the proposed breakwater until the line now describing meets the line first described:

Third. The line of high-water mark of ordinary spring tides between the western commencement of the first described line and the north-western commencement of the secondly described line.

Rates.

Power to take rates in schedule.

23. The Company may 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.

Extra rates for vessels staying in harbour.

24. The Company by a byelaw may fix reasonable periods, not less than fourteen days each, after which vessels shall not be permitted to remain in the harbour without payment of such extra tonnage rates as the Company think reasonable, not exceeding the original rate for all or any part of every period in excess of the first period.

Pass tickets for use of pier.

25. The Company may grant to passengers and others pass tickets for the use of the pier on such terms, and for such periods not exceeding one year, as are agreed upon.

Pass tickets not transferable.

26. A pass ticket granted by the Company shall not be transferable, and shall not be used by any person other than 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 pass ticket, he shall for every such offence be liable to a penalty not exceeding twenty shillings, recoverable and applicable 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.

Exemption of Custom House officers from rates.

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

Application of rates.

28. The rates received under this Older shall be applicable for the purposes and in the order following, and not otherwise:

(1.) To the maintenance of the works authorized by this Order.

(2.) In payment to an extent not exceeding one fifteenth part of the rates of any rent or rentcharge payable in respect of any lands acquired by the Company under this Order.

(3.) In payment of the interest accruing on money borrowed under the authority of this Order.

(4.) For the other purposes of the Company, including repayment of the principal of the money so borrowed when due and payable.

General Provisions.

Steam engines, lighters, &c.

29. 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 the use thereof as they think reasonable.

Life boats, tide gauges, &c.

30. Notwithstanding anything in The Harbours, Docks, and Piers Clauses Act, 1847, it shall not be necessary for the Company to provide any life boat, mortar, rockets, tide gauge, weather gauge, or barometer, except on a requisition in that behalf by the Board of Trade.

Meters and weighers.

31. The Company shall have the appointment of meters and weighers within the limits of the harbour, and the works and lands of the Company adjoining or near to the harbour.

Limits of harbour master’s authority.

32. The limits within which the lawful authority of the harbour master for the regulation of the harbour may be exercised shall be the harbour, and the works and lands of the Company adjoining and near to the harbour.

Pilotage.

33. The Company shall be a pilotage authority within the meaning of The Merchant Shipping Act, 1854, with all the powers conferred by that Act on pilotage authorities.

Short title.

34. This Order may be cited as The Filey Fishery Harbour Order, 1864.

Board of Trade, Whitehall.

Dated this 26th day of March 1864.

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

The SCHEDULE to which the foregoing Order refers.

I.—RATES ON VESSELS AND BOATS USING THE HARBOUR OR PIERS OR WORKS OF THE COMPANY.

£

s.

d.

1. Fishing boats or smacks, wholly or partially decked, for each time of using the harbour

0

2

6

If compounded for.

Ditto - Ditto, for not exceeding three months

1

0

0

Ditto - Ditto, for exceeding three months and not exceeding six months

1

10

0

Ditto - Ditto, for exceeding six months and not exceeding one year

2

0

0

Open boats, for each time of using the harbour

0

1

0

If compounded for.

Ditto - Ditto, for not exceeding three months

0

10

0

Ditto - Ditto, for exceeding three months and not exceeding six months

0

15

0

Ditto - Ditto, for exceeding six months and not exceeding one year

1

0

0

2. Other vessels taking in or discharging any cargo:

For every vessel under the burden of 15 tons, per ton

0

0

4

For every vessel of the burden of 15 tons and under 50 tons, per ton

0

0

6

For every vessel of the burden of 50 tons and under 100 tons, per ton

0

0

8

For every vessel of the burden of 100 tonsand under 150 tons, per ton

0

0

10

For every vessel of the burden of 150 tons and upwards, per ton

0

1

0

All lighters, for each trip, per ton

0

0

2

All boats entirely open, landing or taking on board goods, each

0

0

6

3. Other vessels entering the harbour, but not discharging or taking in any cargo, viz.:—

Vessels with cargo per ton

0

0

6

Ditto light or in ballast per ton

0

0

4

II.—RATES ON FISH AND GOODS SHIPPED OR UNSHIPPED OR TRANSHIPPED WITHIN THE LIMITS OF THE HARBOUR.

£

s.

d.

Herrings, per last

0

2

6

Turbot, per score

0

0

3

Turtle, each

0

2

6

Other fish, per cwt.

0

0

3

Ditto, per basket

0

0

2

Ale and porter, per hogshead

0

0

6

Ditto, per barrel

0

0

3

Anchors, per cwt.

0

0

9

Ditto stock, per foot

0

0

2

Beef or pork, per ton

0

1

4

Ditto, ditto, per barrel

0

0

2

Bones, per ton

0

0

6

Bone dust, ditto

0

0

8

Bricks, per 1,000

0

0

8

Casks (empty), per puncheon

0

0

3

Cattle:

Bulls, cows, and oxen, each

0

3

0

Calves, ditto

0

1

0

Horses, ditto

0

4

0

Sheep and pigs, ditto

0

0

6

Chalk, per ton

0

1

0

Cheese, per cwt.

0

0

4

Carriages (four wheeled), each

0

7

6

Ditto, gigs, carts, and other two wheeled, ditto

0

5

0

Coals, per ton

0

1

0

Copper, ditto

0

3

0

Cordage, per cwt.

0

0

3

Corn and seeds, per quarter

0

0

6

Cork, per cwt.

0

0

6

Crystal, per box or package

0

0

6

Dogs, each

0

0

6

Drugs in casks, hampers, or boxes, per foot

0

0

2

Earthenware ditto ditto ditto

0

0

2

Eggs, per box

0

0

3

Flax, per ton

0

2

0

Flour and meal, per sack

0

0

4

Ditto ditto, per barrel

0

0

3

Fruit, per bushel or sieve

0

0

4

Furniture (household), per five cubic feet

0

0

4

Glass, per large crate

0

1

6

Ditto, per small ditto or case

0

1

0

Ditto, per box

0

0

6

Groceries (not enumerated), per cwt.

0

0

6

Guano, per ton

0

1

6

Gunpowder, per barrel or keg

0

0

6

Hams, bacon, or tongues, per cwt.

0

0

4

Hardware, per ton

0

2

6

Hares and rabbits, per dozen

0

0

4

Hay, per ton

0

1

6

Ditto, per truss

0

0

2

Hemp, per ton

0

2

0

Hides

0

0

3

Ox, cow, or horse (wet or dry), each

0

0

2

Iron:

Bar, bolt, rod, and shots, per ton

0

1

6

Pig and old, ditto

0

1

0

Manufactured, ditto

0

2

6

Pots, each

0

0

1

Kelp, per ton

0

2

0

Lend, ditto

0

2

6

Leather (tanned and dressed), per cwt.

0

0

3

Lime, per twenty-eight bushels

0

1

4

Limestone, per ton

0

1

0

Machinery, ditto

0

2

6

Manure not enumerated, ditto

0

1

0

Masts and spars, ten inches in diameter and upwards, each

0

4

6

Ditto, under ten inches, ditto

0

3

0

Meat (fresh), per cwt.

0

0

6

Milk, per gallon

0

0

Musical instruments, per cube foot

0

0

1

Net, per five cubic feet

0

0

4

Oakum, per cwt.

0

0

2

Oils, per ton

0

2

0

Oil cake, ditto

0

2

0

Oranges and lemons, per box

0

0

6

Ores, per ton

0

1

0

Oysters, per bushel

0

0

3

Paint, per cwt.

0

0

4

Pitch and tar, per barrel

0

0

6

Potatoes, per cwt.

0

0

2

Poultry and game, per dozen

0

0

4

Rags and old rope, per ton

0

2

0

Sails, per cwt.

0

0

6

Salt, ditto

0

0

1

Sand, per ton

0

1

0

Shrimp baskets, each

0

0

2

Skins, calf, goat, sheep, lamb, or dog, per dozen

0

0

6

Slates, per ton of twenty-four cubic feet

0

2

0

Spirits (Foreign and British), per hogshead

0

1

0

Ditto, per gallon

0

0

1

Stones, per ton of sixteen cubic feet

0

1

6

Steel, per ton

0

3

0

Sugar, per cwt.

0

0

3

Tallow, soap, and candles, per cwt.

0

0

3

Tea, per chest

0

1

0

Tiles, per 1,000

0

1

6

Tin and zinc, per ton

0

3

0

Tobacco, per cwt.

0

0

6

Turnips, per ton

0

0

6

Turpentine and varnish, per barrel

0

0

6

Vegetables (not enumerated), per cwt.

0

0

4

Vinegar, per hogshead

0

0

6

Vitriol, per carboy

0

1

0

Water, per cask

0

0

3

Wine, per hogshead

0

1

0

Ditto (bottled), per dozen

0

0

2

Wood:

Fir, pine, and other descriptions (not enumerated), load of per 50 feet

0

1

6

Oak or wainscot. per load of 50 feet

0

2

0

Firewood, per fathom of 216 cubic feet

0

1

6

Laths and lathwood, ditto

0

2

6

Handspikes, per 120

0

3

0

Oars, ditto

0

5

0

Spars under 22 feet, in length, above 2½ and under 4 inches in diameter, ditto

0

5

0

Ditto 2½ inches in diameter and under, ditto

0

4

0

Ditto 22 feet in length and upwards and not exceeding 4 inches in diameter, ditto

0

9

0

Ditto above 4 and under 6 inches in diameter, ditto

0

14

0

Spokes of wheels not exceeding 2 feet in length, ditto

0

2

0

Ditto exceeding 2 feet in length, ditto

0

3

0

Trenails, per 1,000

0

2

6

Wedges, ditto

0

2

6

Pipe staves and others in proportion, per 120

0

2

6

Lignum vitæ, fustic, logwood, mahogany, and rose-wood, per ton

0

2

0

Wool, per cwt.

0

0

4

Yarn, ditto

0

0

2

ALL OTHER GOODS NOT PARTICULARLY ENUMERATED.

Light goods, per cube foot

0

0

1

Heavy goods, per ton

0

2

0

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

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

1st. Rates of Craneage.

All goods or packages not exceeding 1 ton

0

0

4

Exceeding 1 ton and not exceeding 2 tons

0

0

6

Exceeding 2 tons and not exceeding 3 tons

0

0

8

Exceeding 3 tons and not exceeding 4 tons

0

0

10

Exceeding 4 tons and not exceeding 5 tons

0

1

0

Exceeding 5 tons and not exceeding 6 tons

0

1

2

Exceeding 6 tons and not exceeding 7 tons

0

1

4

Exceeding 7 tons and not exceeding 8 tons

0

1

6

Exceeding 8 tons and not exceeding 9 tons

0

1

10

Exceeding 9 tons and not exceeding 10 tons

0

2

4

Exceeding 10 tons

0

3

6

2nd. Weighing Machines.

£

s.

d.

For goods weighed for every ton or part of a ton

0

0

3

3rd. Shed Dues.

For every ton of goods of 40 cubic feet, or for every ton of goods of 20 cwt. which remains in the warehouses or sheds or other works of the company for longer than forty-eight hours

0

0

3

And per ton for each day during which the goods remain after first forty-eight hours

0

0

For any portmanteau, trunk, parcel, or other article of passengers luggage, for every day or part of a day

0

0

2

IV. RATES FOR LAYING WATER MAINS ON PIER.

Water, per ton

0

0

6

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

For every passenger or other person landing on or embarking on the pier from or to any vessel or passage boat, for every time

0

0

4

For every person using the pier for pleasure or any purpose, except for so landing or embarking, for every time

0

0

2

For every bath or sedan chair taken on the pier, for every time

0

0

6

For every perambulator ditto

0

0

2

For every master of any vessel or boat being an inhabitant of the township of Filey, and using the pier for going to or returning from his own vessel or boat, the yearly sum of

1

0

0

VI.—RATES ON PASSENGERS LUGGAGE LANDED OR EMBARKED OR TRANSHIPPED WITHIN THE HARBOUR.

For every trunk, portmanteau, box, parcel, or other package within the description of luggage not exceeding 28 lbs.

0

0

2

Exceeding 28 lbs. and not exceeding 84 lbs.

0

0

4

Exceeding 84 lbs. and not exceeding 112 lbs.

0

0

5

Exceeding 112 lbs. and not exceeding 140 lbs.

0

0

6

Exceeding 140 lbs. and not exceeding 196 lbs.

0

0

7

Exceeding 196 lbs. and not exceeding 2 cwt.

0

0

8

And fur every cwt. exceeding 2 cwt.

0

0

4

And for every 20 lbs. weight in addition

0

0

1