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WEXFORD.
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Provisional Order of the Board of Trade for the Improvement of the Entrance to Wexford Harbour.
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Preamble.
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Whereas by The Wexford Harbour Commissioners Act, 1862, the Wexford Harbour Commissioners were incorporated for the purpose of carrying into execution that Act, and an Act (Local) passed in the session of the sixth and seventh years of the reign of Her Majesty (chapter forty-one), intituled “An Act for improving, maintaining, and regulating the harbour of Wexford in the county of Wexford:”
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And whereas under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the said Commissioners 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 Plantation (herein-after called the Board of Trade), praying their Lordship to grant a Provisional Order under the last-mentioned Acts for executing the works herein-after specified, with power to levy and recover rates according to the schedule in the memorial referred to:
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And whereas the estimated expenditure on the proposed works is twenty thousand pound, and no more:
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And whereas the promoters published the advertisements and deposited the documents which by the last-mentioned Act they were required to publish and deposit:
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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 the confirmation of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):
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Now, therefore, the Board of Trade do by this then 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 an 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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The undertakers.
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1. The Wexford Harbour Commissioners, herein-after the Commissioners, shall be the undertakers of the authorized by this Order.
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Borrowing.
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2. In addition to the money which the Commissioners are authorized to borrow at the time of this Order coming into force, they may borrow, at interest, such sums of money as may be required for the purposes of the works authorized by this Order, not exceeding in the whole the sum of twenty thousand pounds, on mortgage of all or any part of the rates and property leviable and acquired by the Commissioners under the Acts first and secondly herein-before mentioned, or either of them, or under this Order; and any money borrowed under 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.
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Priority of existing mortgages.
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3. All securities affecting the rates and property leviable and acquired under the last-mentioned Acts, or either of them, granted before the time of this Order coming into force, shall have priority over any mortgage thereof granted under this Order.
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Commissioners Clauses Act.
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4. 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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5. The amount 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 Commissioners are entitled to begin to demand and receive rates under this Order.
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Receiver.
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6. The mortgagees 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; the amount to authorize a requisition for a receiver is two thousand pounds.
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Money to be applied to purposes of Order.
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7. Every part of the money borrowed under this Order shall be applied only for the purposes authorized by this Order.
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Lands.
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Power to take lands by agreement.
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8. For the purposes of this Order the Commissioners may from time to time, by agreement, enter upon, 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, and the Commissioners may also purchase, take on lease, or otherwise acquire, by agreement, any lands adjacent or near to harbour of Wexford not exceeding in extent in the whole five acres, to be used by them for the purpose of depositing ballast thereon.
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Lands Clauses Acts incorporated.
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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.
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Works.
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Power to make works.
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10. Subject to the provisions of this Order, the Commissioners 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.
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Description of works.
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11. The works authorized by this Order comprise the following:
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To embank or pile a portion of the north-western side of the sandbank called the Doggerbank, which form the south-eastern side of the north-eastern sea channel leading to the entrance to the harbour of Wexford, and to raise the said Doggerbank:
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To stop up a channel or swashway leading across the said Doggerbank:
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To after, deepen, and improve the said north-eastern sea channel, and also the southern sea channel, called the Hantoon Channel, leading to the entrance to the said harbour.
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Rates.
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Power to take rates according to schedule.
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12. In addition to the rates which the commissioners are authorized to demand and receive at the time of this Order coming into force, they may demand and receive in respect of the vessels mentioned in the schedule hereto nay sums not exceeding the rates in that schedule specified.
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Custom House officers exempt from rates.
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13. 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 harbour and works with their vessels and otherwise payment.
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Application of rates and monies received by the Commissioners.
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14. The Commissioners shall apply all rates received under this Order after defraying the expense of collecting the same, and all other money coming to their hands from the works by this Order authorized, or the lands or property connected therewith, for the purposes and in the order following, and not otherwise:
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1. In paying the costs of and connected with the preparation and making of this Order:
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2. In paying the expenses of the maintenance, management, and regulation of the works authorized by this Order, and of the lands and property connected therewith:
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3. In paying the interest on any money borrowed under this Order, and in creating the sinking fund required by this Order:
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4. In and towards the purposes of the said harbour, as regulated by the Acts of Parliament relating thereto.
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General Provisions.
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Harbours Clauses Act.
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15. The following provisions of The Harbours, Docks, Piers Clause Act, 1847, shall not be incorporated with this Order, namely, sections fourteen, fifteen, sixteen, eighteen, and nineteen.
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Lands for extraordinary purposes.
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16. The Commissioners shall not purchase for extraordinary purposes lands exceeding in extent in the whole five acres.
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Steam engines, diving bells, lighters, &c.
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17. The Commissioners may provide such steam engines, steam vessels, piling engines, diving bells, ballast lighters, rubbish lighters, and other machinery and vessels as they think necessary for effecting any of the purposes of this Order, and may demand and receive such sums for the use of the same as they think reasonable.
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Short title.
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18. This Order may be cited as The Wexford Harbour Order, 1864.
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Board of Trade, Whitehall.
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Dated this 1st day of April 1864.
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(Signed) JAMES BOOTH,
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Secretary.
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SCHEDULE to which this Order refers.
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RATES ON VESSELS ENTERING WITHIN THE LIMITS OF THE HARBOUR OR WORKS.
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For every vessel which shall enter within the limits of the harbour of Wexford or of the works authorized by this Order, the sum of 2d. per ton upon each and every ton which such vessel shall measure.
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