Pier and Harbour Orders Confirmation Act, 1864

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CARLINGFORD LOUGH.

Provisional Order of the Board of Trade for the Improvement and Regulation of the Harbour of Carlingford Lough in Ireland.

Preamble.

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the promoters of the Harbour of Carlingford Lough Improvement made application by a 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 or Trade), praying them (among other things) to grant a Provisional Order under the said Acts, and thereby to constitute Commissioners or other proper Harbour authority for the Harbour of Carlingford Lough in Ireland, and to empower such Commissioners to make and maintain certain works and excavations at the bar and in and about the entrance of the Lough for the purpose of deepening the bar, and for the improvement of the entrance by the erection of buoys, beacons, and lights, and To levy rates, and to extinguish rights and privileges in and over the Lough, so far as the same might be inconsistent with the Order, especially the rights of Thomas Lord Clermont in respect of anchorage, and to provide for recompensing the said Lord Clermont and others (if any) whose lights should be extinguished, and to raise money for the purposes of such works and compensations:

And whereas the estimated expenditure on the proposed works and excavations is eighty 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 present 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 that behalf, order—

Incorporation of Commissioners.

1. There shall be a body of Commissioners for carrying this Order into execution, which Commissioners and their successors shall be and are hereby, for the purposes of this Order, incorporated by the name of The Harbour of Carlingford Lough Improvement Commissioners, and by that name shall be a 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.

Meaning of “the Commissioners.”

2. The term “the Commissioners” herein-after used means the Harbour of Carlingford Lough Improvement Commissioners.

Appointment of the several Commissioners.

3. The appointment of the Commissioners shall be regulated as follows:

(1.) The following four persons are hereby appointed Commissioners, namely, William Forster, Richard Allen Minnitt, Edward Tipping, and Richard Mayne, and whenever a vacancy is caused by death, resignation, or otherwise in the office of any one of those four Commissioners, the Commissioners shall by a special order appoint another person to fill the vacancy, and so toties quoties:

(2.) Two of the Commissioners shall be appointed by the Newry Navigation Company, and whenever a vacancy is caused by death, resignation, or otherwise in the office of either of those two Commissioners, another person shall be appointed by that Company to fill the vacancy, and so toties quoties:

(3.) Two of the Commissioners shall be appointed by the Newry and Greenore Railway Company, and whenever a vacancy is caused by death, resignation, or otherwise in the office of either of those two Commissioners, another person shall be appointed by that Company to fill the vacancy, and so toties quoties:

(4.) Two of the Commissioners shall be appointed by the Dundalk and Greenore Railway Company, and whenever a vacancy is caused by death, resignation, or otherwise in the office of either of those two Commissioners, another person shall be appointed by that Company to fill the vacancy, and so toties quoties:

(5.) The Board of Trade may, if they think fit, at any time after the passing of an Act confirming this Order, appoint two persons to be Commissioners, and whenever a vacancy is caused by death, resignation, or otherwise in the office of any one of those two Commissioners, may, if they think fit, appoint another person to fill the vacancy, and so toties quoties.

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

4. The Commissioners Clauses Act, 1847, (except sections seventeen to thirty-five, and ninety-six to ninety-eight, all inclusive,) shall be incorporated with this Order, and shall, as far as the nature and circumstances of the case will admit, apply to the Commissioners collectively and severally, subject to the following provisions:

(1.) No person shall be capable of acting as a Commissioner (other than a person appointed to be a Commissioner by the Board of Trade) unless he is seised or possessed of property to the value of one thousand pounds:

(2.) With reference to section thirty-nine of the last-mentioned Act, the prescribed number (constituting a quorum) of the Commissioners shall be five if and as long as there is any Commissioner appointed by the Board of Trade, and shall be three if the Board of Trade do not exercise the power of appointing a Commissioner, or if and as long as the offices of all Commissioners appointed by the Board of Trade are vacant:

(3.) The Board of Trade shall appoint a permanent auditor of the accounts of the Commissioners.

Undertakers.

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

Commencement of Commissioners powers.

6. The Commissioners shall be deemed fully constituted and incorporated, and shall commence to act under this Order, as soon as four persons have been appointed Commissioners in adding to the four appointed by this Order; and any proceeding of the Commissioners shall not be invalidated or be illegal by reason of the failure of any Company to appoint a Commissioner.

Limits of Harbour.

7. The limits within which the Commissioners shall have authority (which shall be deemed the limits to which this Order extends) shall extend from and below the whole high-water line and mark of ordinary spring tides within Carlingford Lough, and to and within two imaginary right lines respectively drawn, one from Cranfield Point on the northern side of the entrance of the Lough to Hellyhunter Rock, and the other from that rock to Ballagan Point on the southern side of the entrance to the Lough.

Power to take lands by agreement.

8. 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 within or around Carlingford Lough as may be required for the proposed works, not exceeding in the whole three acres.

Incorporation of Lands Clauses Acts.

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

Power to execute works.

10. Subject to the provisions of this Order, the Commissioners may, on the site designated by this Order, and according to the deposited plans and sections, execute and maintain the works shown on the deposited plans and sections.

Description of works.

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

(1.) To blast, cut, dig, dredge, scour, cleanse, and remove the rocks, sand, clay, mud, and other substances in the bar or at the entrance or mouth of Carlingford Lough:

(2.) To erect, fix, lay down, and maintain any beacons, buoys lights, warping posts, moorings, or other works necessary for the accommodation and guidance of ships and vessels in, into, or from Carlingford Lough, or for the navigation thereof, and to alter or abolish the same from time to time as may be necessary.

Rates in schedule.

12. Subject and according to the provisions of this Order, the Commissioners may demand and receive in respect of the ships, vessels, or other sailing or steaming craft described in the schedule to this Order any sums not exceeding the sums specified in that schedule.

Commencement of rates and cesser thereof in certain events.

13. As soon as the Commissioners are fully constituted and incorporated they may begin, and they may thenceforth continue, to demand and receive the rates authorized by this Order, subject nevertheless to the following provisions:

(1.) If within two years from the passing of an Act confirming this Order the channel or cut to be made in the bar or at the entrance or mouth of Carlingford Lough is not made of the depth of fourteen feet at least, then from the expiration of those two years the Commissioners shall not demand or receive any rates under this Order until the channel or cut is made of the depth of fourteen feet at least:

(2.) If within five years from the passing of an Act confirming this Order the channel or cut aforesaid is not made of the full depth proposed as shown on the deposited plans and sections, then from the expiration of those five years the Commissioners shall not demand or receive any rates under this Order until the channel or cut is made of the full depth aforesaid:

(3.) The Board of Trade, nevertheless, if it appears to them expedient, may from time to time extend the said period of two years for any time or times not exceeding in the whole one year, and may from time to time extend the said period of five years for any time or times not exceeding in the whole two years:

(4.) The Chairman of Quarter Sessions for the county of Louth, on proof being adduced to him that the channel or cut aforesaid is made of the depth of fourteen feet or of the full depth proposed as aforesaid (as the case may be), shall sign and give to the Commissioners a certificate thereof, which certificate shall be conclusive evidence of the matters therein certified.

Power for purchase of anchorage and other rights.

14. The Commissioners may purchase the rights off Thomas Lord Clermont in respect of the custom of anchorage in Carlingford Lough, and may purchase any other right, privilege, or custom in, over, or affecting Carlingford Lough, or the bed or waters thereof, so far as the same may interfere with the rights, powers, or duties of the Commissioners.

Application of Lands Clauses Acts.

15. For the purpose of every such purchase The Lands Clauses Consolidation Act, 1845, except so much thereof as relates to the purchase and taking of lands otherwise than by agreement, and The Lands Clauses Consolidation Acts Amendment Act, 1860, shall apply in relation to the said custom of anchorage, and any other right, privilege, or custom as aforesaid, and the same respectively shall be deemed to be an estate or interest in lands.

Transfer to Commissioners of right to levy rates.

16. If the Commissioners purchase the said custom of anchorage, or any other such right, privilege, or custom as aforesaid conferring a title to levy any rates, tolls, or dues, they may, in addition to all other rates, tolls, or dues authorized by this Order, demand and receive all rates, tolls, and dues the title to levy which is conferred as aforesaid, or in lieu thereof such tonnage rates on vessels entering or leaving Carlingford Lough as the Board of Trade, or an arbitrator appointed by the Board of Trade, may determine to be a fair equivalent for such last-mentioned rates, tolls, and dues.

Borrowing power.

17. The Commissioners may from time to time borrow and re-borrow at interest such money as may be required for the Purposes of this Order, not exceeding in the whole the sum of eighty thousand pounds, on the security of the works authorized by this Order, and of the lands and property connected therewith, and of the rates, tolls, and dues authorized by this Order, or of any of those particulars, or of any other the property of the Commissioners.

Receiver.

18. The mortgages of the Commissioners may enforce the payment of the arrears of interest or of the arrears of principal and interest due to them on their respective mortgages by the appointment of a receiver shall be fire hundred pounds.

Money how to be applied.

19. 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.

20. The Commissioners shall apply all money received by them from the rates, tolls, and dues authorized by this Order, and all other income coming into their hands in respect of the works authorized by this Order, or from the lands or property connected therewith, for the purposes and in the order following, and not otherwise:

(1.) In paying the expenses of the maintenance, management, and regulation of the works authorized by this Order, and of the lands and property connected or used therewith:

(2.) In paying (to an extent not exceeding one fifteenth part of the rates, tolls, and dues) any rent or other annual charge that may become payable under this Order to the said Thomas Lord Clermont, his heirs or assigns, as compensation for the said custom of anchorage, or to any other person in respect of any such right, privilege, or custom as aforesaid:

(3.) In paying the interest accruing on money borrowed under the authority of this Order, and any sum payable on account of the principal thereof, or an account of the principal of any other money chargeable under this Order on the property of the Commissioners.

Revision of rates.

21. The Commissioners shall from time to time revise the rates, tolls, and dues receivable under this Order, so that the income of the Commissioners under this Order may always be, as far as is practicable, sufficient and not more that sufficient to meet the expenditure directed or authorized by this Order.

Commissioners may provide engines, lighters, &c.

22. The Commissioners 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 any such dredges, engines, tugs, vessels, diving bells, lighters, tools, plant, and materials as aforesaid, and shall apply the money thereby realized for carrying into effect the purposes of this Order, or some of them.

Pilotage, lights, buoys, and beacons.

23. 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 the powers conferred by those Acts on pilotage authorities and on local authorities.

Lands for extraordinary purposes.

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

Parts of Harbours Clauses Act excepted.

25. Sections sixteen, seventeen, eighteen, nineteen, twenty-five, and twenty-six of The Harbours, Docks, and Piers Clauses Act, 1847, shall not be incorporated with this Order.

Confirmation of byelaws and provision for management of harbour.

26. Any byelaws made under this Order and The Harbours, Docks, and Piers Clauses Act, 1847, shall not come into operation until allowed and confirmed by the Board of Trade, which allowance and confirmation shall be sufficient for all purposes; and it shall not be lawful for the Harbour Master, by virtue of section 52 of that Act, or of any other authority, or for the Commissioners, to give or cause to be given any direction respecting any matter mentioned in that section, or provided for in the byelaws, further or otherwise than as he or they may be expressly authorized by the byelaws to do so.

Saving rights of navigation company and of railway companies.

27. Nothing in this Order contained shall take away, alter, lessen, or prejudice any of the respective rights, privilege, powers, or authorities vested in or enjoyed by the Newry Navigation Company, the Newry and Greenore Railway Company, and the Dundalk and Greenore Railway Company, or any or either of them.

Costs of Order.

28. The Commissioners shall pay the costs of and connected with the obtaining, preparation, and making of this Order out of the first money which comes to their hands under this Order.

Short title.

29. This Order may be cited as The Harbour of Carlingford Lough Improvement Order, 1864.

Board of Trade, Whitehall.

Dated this 1st day of April 1864.

(Signed) JAMES BOOTH, Secretary.

The SCHEDULE referred to in the foregoing Order.

Exemptions.

All sailing vessels under 75 tons, and all steam vessels under 100 tons, to be exempt altogether.

All vessels under 1,000 tons to be exempt if they enter or leave between half flood and the next half ebb tide.