Pier and Harbour Orders Confirmation Act, 1864

OBAN.

Provisional Order of the Board of Trade to enable the Trustees of the late John Marquess of Breadalbane to construct further Works at the Harbour of Oban in the County of Argyll; and to levy Rates; and for the Improvement and Maintenance and Regulation of the said Harbour.

Preamble.

Whereas, under The Pier and Harbour Order Confirmation Act, 1862, the Oban Pier and Harbour Order set out in the Schedule thereto, made under The General Pier and Harbor Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, (which Order is herein-after called the Order of 1862,) empowering the Most Honourable John Marquess of Breadalbane, now deceased, to improve, maintain, and regulate the Pier and Harbour at Oban aforesaid in the county of Argyll, was confirmed:

And whereas the Right Honourable Fox Earl of Dalhousie, the Honourable Charles Baillie, one of the Senators of the College of Justice, and Alexander Currie, Esq., one of the principal Clerks of Session in Scotland, accepting and acting trustees appointed by the said deceased John Marquess of Breadalbane by his trust disposition and settlement dated the 26th day of November 1847, and registered along with other relative writings in the Books of Council and Session in Scotland the 26th day of December 1862, and now vested with the lands, pier and harbour, and other properties at Oban which belonged to the said deceased Marquess, herein-after called the promoters, made application by a memorial to the Lords of the Committee of Her Majesty’s Privy Council for Trade and Foreign Plantations, herein-after called the Board of Trade, representing that the works undertaken by the Order of 1862 had been completed, and praying their Lordships to grant another Provisional Order to amend the Order of 1862, and containing powers to them to construct a sea wall and breastwork and other works at the said pier and harbour, and to levy rates at the said pier and harbour and breastwork, and for other purposes:

And whereas the estimated expenditure on the said proposed works is two thousand five hundred pounds, and no more:

And whereas the promoters published the advertisements and deposited the documents which by the thirdly-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 the 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 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 said Fox Earl of Dalhousie, Charles Baillie, and Alexander Currie, and the survivors and survivor of them, and the trustee or trustees to be assumed by them under the powers contained in the said trust disposition and settlement, and proprietors for the time being of the pier and harbour of Oban and works hereby authorized, shall be the undertakers under this Order.

Power to take specified lands by agreement.

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 the lands shown on the deposited plan as intended to be taken for the purpose of the proposed works.

Lands Clauses Acts incorporated.

3. The Lands Clauses Consolidation (Scotland) 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 make works.

4. Subject to the provisions of this Order, the undertakers 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 plan and section, make and maintain the further works at the said pier and harbour shown on the deposited plan.

Description of Works.

5. The works authorized by this Order are the following:

A breastwork and sea wall and relative works commencing on the eastern aide of the existing pier which belonged to the said deceased Marquess, and is now vested in the undertakers, and at a point 38 lineal yards or thereby south of the north-western or seaward extremity of the said pier, and extending a distance of 280 lineal yards or thereby from the said existing pier in a northerly direction, and terminating at or near to the southern and seaward extremity of the breastwork or sea wall which is already constructed in front or seaward of Columbia Terrace, on the lands of Dunolly, or at or near to the stream on the south end of the said last-mentioned breastwork, all situated at the town of Oban in the unite parishes of Kilmore and Kilbride in the county of Argyll.

Time for completion works.

6. The time for the completion of the works authorized by this Order shall be three years after the passing of an Act confirming this Order.

Partial repeal of Order of 1862

7. The provision of the Order of 1862, whereby The Harbours, Docks, and Piers Clauses Act, 1847, with respect to rates, and to the collection and recovery of rates, and sections 16, 17, 18, and 19 in that Act contained, were declared not to be incorporated with that Order, shall, in so far as respect rates, and the collection and recovery of rates, be repealed, but the said sections 16, 17, 18, and 19 shall not be incorporate with the Order of 1862, or this Order.

Limits of Harbour.

8. The limits of this Order shall be the limits or area shown in pink on the Admiralty plan or chart of Oban Bay, surveyed by Captain Robinson and Lieutenant Creyke, of the Royal Navy, and published at the Hydrographic Office of the Admiralty on 1st October 1856, of which copies, having the said limits or area coloured as aforesaid, were, on or before 30th November 1863, deposited (with the other documents deposited under the Act thirdly herein-before mentioned on or before the last-mentioned date) at the office of the Sheriff Clerk of Argyllshire, at Inverary, at the Custom House at Greenock, and in the office of the Board of Trade.

Rates.

9. The undertakers may, from and after the passing of an Act confirming this Order, at the said existing pier and works, and from and after the date when the breastwork and sea wall and relative works authorized by this Order are completed, and a certificate of such completion is obtained in terms of The Harbours, Docks, and Piers Clauses Act, 1847, then also at such breastwork and sea wall and works, demand and receive in respect of the vessels, passengers, goods, matters, and things described in the Schedule hereunto annexed embarked, landed, loaded, or unloaded at or using the said pier, breastwork, sea wall or works, any sum not exceeding the rates in the said Schedule specified.

Customs officers exempt from rates.

10. 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 harbour by land, and with their vessels and otherwise, without payment.

Borrowing power.

11. The undertakers may burrow on mortgage or bond 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 two thousand five hundred pounds, and they shall regularly keep down the interest accruing on the money so borrowed, and shall not allow such interest to accumulate, and shall repay the money borrowed within fifty years from the time of borrowing.

Application of receipts.

12. The rates received under this Order shall be applicable to the purposes and in the order following, and not otherwise:

(1.) In paying the expenses of the maintenance, management, and regulation of the existing pier and harbour, and new works authorized by this Order.

(2.) In paying the interest on any money borrowed under this Order, and any sum payable on account of the principal thereof.

(3.) To the proper use of the undertakers.

Meters and weighers.

13. The undertakers shall have the appointment of meters and weighers on and within the pier and harbour, breastwork, sea wall, and works.

Steam engines, diving bells, lighters, &c.

14. The undertakers 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 effectuating any of the purposes of tins Order, and may demand and receive such sums for the use of the same as they think, reasonable.

Pilotage.

15. The undertakers shall be a pilotage authority and a local authority within the meaning of The Merchant Shipping Act, 1854, and the other Acts construed with and as part of the same, with all the powers by these Acts conferred on pilotage authorities and local authorities.

Not to affect powers under the trust deed.

16. Nothing herein contained shall affect or prejudice the rights and powers of the undertakers under the trust disposition and settlement before mentioned of the said deceased Marquess of Breadalbane as to the management or disposal of the lands, pier, and harbours, and other properties at Oban which belonged to the said deceased Marquess, with their appurtenances, now vested or that may be vested in them as his trustees.

Short title.

17. This Order may be cited as The Oban Pier and Harbour Order, 1864.

Board of Trade, Whitehall,

Dated this 12th day of April 1864.

(Signed) JAMES BOOTH,

Secretary.

SCHEDULE to which this Order refers.

s.

d.

Ale, beer, or porter, per hogshead

0

6

Animals, Sec Horse, &c. Asphalte, per ton

0

6

Bark in bulk or bag, per ton

0

10

Ballast, per ton

0

1

Beef, fresh or salt, per cwt.

0

2

Biscuit and bread, per cwt.

0

2

Bones, per ton

0

6

Books and stationery, per cwt.

0

4

Bone dust, per ton

0

8

Bottles, per gross

0

2

Boxes, full, per barrel bulk

0

4

Bricks, per 1,000

0

8

Butter, per cwt.

0

2

Carriages with four wheels, each

0

8

Carriages with two wheels, each

0

6

Cattle, each

0

2

Casks, empty, not being returned, each

0

3

Cement, per barrel

0

2

Cheese, per cwt.

0

4

Chimney cans, each

0

2

Clay, per ton

0

6

Cloth, haberdashery, per barrel bulk

0

2

Clover seed, per quarter

0

2

Coach or cart wheels, per pair

0

2

Coals, per ton

0

3

Copper and brass, per ton

1

4

Corks, per barrel bulk

0

2

Corn, per quarter

0

2

Cordage, per cwt.

0

3

Crystal and crockery, per barrel bulk

0

2

Dogs, each

0

2

Drugs, per barrel bulk

0

2

Dissolved bones, per ton

0

8

Earthenware, per barrel bulk

0

2

Eggs, per barrel bulk

0

2

Felt, per cwt.

0

1

Fish, fresh, salted, or dried, per cwt.

0

1

Flax, per cwt.

0

1

Flour, per sack or barrel

0

2

Fowls and ducks, live, per dozen

0

2

Freestone, per ton

0

2

Fruit, per cwt.

0

1

Gates, each

0

2

Geese and turkeys, live, each

0

1

Glass, per barrel bulk

0

3

Grain, per quarter

0

2

Grates or stoves, each

0

2

Gravel, per ton

0

1

Grease and greaves, per cwt.

0

1

Groceries, per barrel

0

3

Guano and artificial manures, per ton

0

8

Gunpowder, per cwt.

0

1

Hardware, per barrel bulk

0

3

Hares and rabbits, per dozen or any less quantity

0

2

Hay, per ton

0

6

Hemp and cotton, unwrought, per ton

1

4

Hides, each

0

Household furniture, per barrel bulk

0

2

Hurdles, each

0

1

Herrings, cured, per barrel

0

3

Ditto, fresh, per cran

0

1

Horses, asses, and mules, each

0

2

Husbandry utensils, per ton

1

4

Iron, all kinds, per ton

1

0

Help, per ton

0

8

Lambs, per score

0

3

Lathwood, per bundle

0

Lead of all kinds, zinc, per ton

1

4

Leather, per cwt.

0

1

Lime, per barrel

0

1

Limestone, per ton

0

3

Machinery, per ton

1

4

Malt, per quarter

0

4

Manure, per ton

0

2

Masts and spars, each

1

6

Meal, per bag of 280 lbs. or barrel

0

2

Meat, per cwt.

0

2

Milk, per three large pitchers

0

Millstones, each

0

6

Oakum, per cwt.

0

1

Oil, per ten gallons

0

4

Oil cake, per ton

0

8

Oysters, per bushel

0

2

Passengers’ luggage not exceeding 4 barrel bulk - free Ditto ditto all above ditto, per barrel bulk

0

3

Pease or beans, per quarter

0

3

Peats, per ton

0

4

Pig, each

0

Ploughs.—See husbandry utensils.

Potatoes, per ton

0

6

Rape cakes, per ton

0

8

Rags, per cwt.

0

1

Ropes, per cwt.

0

3

Ryegrass seeds, per quarter

0

2

Salt, per cwt.

0

Sand, per ton

0

3

Seaware or wreck, per ton

0

3

Seeds, not enumerated, per cwt.

0

1

Sheep, per score

0

6

Skins, dried, per dozen

0

4

Slates, under Size, per 1,000

0

6

Do., sizeable, per 1,000

0

8

Do., over Size, per 1,000

1

0

Sodawater or lemonade, per gross

0

6

Spirits, per 56 gallons

0

8

Spokes and nave for wheels, per gang

0

2

Steel, per ton

1

4

Stones, per ton of 16 cubic feet

0

2

Stones, pavement, per ton of 16 cubic feet

0

4

Straw, per ton

0

4

Stucco, per barrel

0

4

Sugar, per hogshead

0

6

Tallow, per ton

1

4

Tar, pitch, or rosin, per barrel

0

2

Tea, per cwt.

0

6

Tiles or pipes, per 1,000

0

8

Turpentine, per hogshead

0

8

Timber, unwrought, of all kinds, per load of 50 cubic feet

0

8

Tin of all kinds, per ton

1

4

Turnips, per ton

0

6

Tobacco, per ton

2

6

Vitriol, per carboy

0

2

Whisky, per 56 gallons

0

8

Wine in cask, per hogshead

1

0

Do. in bottle, per dozen

0

1

Wool, per stone

0

1

Yarn, per cwt.

0

1

All other unenumerated articles to pay at landing or shipping—If by measurement, per barrel bulk

0

2

If by weight, per ton

1

4

Articles which can be measured to pay by barrel bulk; all others by weight.

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 rate shall be charged.

Five cubic feet, not exceeding two and a half hundredweight, to be rated as a barrel bulk; but when the weight of five cubic feet is greater than two and a half hundredweight, then two and a half hundredweight to be rated as a barrel bulk.

RATES ON VESSELS USING THE PIER, SEA WALL, OR BREASTWORK.

Every vessel, other than open or undecked vessels, using the pier, sea wall, or breastwork, for discharging or shipping goods within the harbour, shall pay 2d. per ton burden.

Every undecked vessel, 1d. each.

Bonâ fide pleasure boats landing or embarking passengers at the boat slip on the breastwork, free.

RATES ON PASSENGERS.

For every person, excepting as under mentioned, landing from or embarking in any vessel at the pier, sea wall, or breast work, 2d.

For every reaper and every person in charge of goods paying rates, ½d.

RATES FOR THE USE OF SHEDS, CRANES, AND WEIGHING MACHINES.

Sheds.

For each ton of goods of eight barrels bulk, or for each ton of goods of twenty hundredweights, which shall remain in any shed or on the pier, sea wall, or breastwork for a longer time than 48 hours, the sum of 4d.; and the sum of 2d. per ton for each day during which such goods shall remain after the first 48 hours.

Cranes.

s.

d.

All goods or packages not exceeding one ton

0

3

Exceeding one ton and not exceeding two tons

0

4

Exceeding two tons and not exceeding three tons

0

6

Exceeding three tons and not exceeding four tons

0

8

Exceeding four tons and not exceeding five tons

0

10

Exceeding five tons and not exceeding six tons

1

0

Exceeding six tons and not exceeding seven tons

1

2

Exceeding seven tons and not exceeding eight tons

1

4

Exceeding eight tons and not exceeding nine tons

1

8

Exceeding nine tons and not exceeding ten

2

0

Exceeding ten tons

3

0

Weighing Machines.

For goods weighed, 1d. for each ton or part of a ton.