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WALTON-ON-THE-NAZE.
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Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier at Walton-on-the-Naze in the County of Essex.
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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 promoters of the Walton-on-the-Naze Pier 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 of Trade, setting forth the necessity of a pier at Walton-on-the-Naze in the parish of Walton in the county of Essex, and praying their Lordships to approve of the project thus submitted, and to grant a Provisional Order for its execution, containing all such powers and privileges for the complete execution of the works, and for levying tolls, rates, and duties not exceeding those in the Schedule hereto annexed, and for the incorporation of a company for the objects aforesaid:
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And whereas the estimated expenditure on the propose work is ten thousand pounds, and no more:
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And whereas the promoters published the advertisement 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 thought expedient, have settled this present Provisional
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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 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 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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Walton-on-the-Naze Pier Company.
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Incorporation of Company.
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1. The following persons, namely, Newson Garrett, Edward Chapman, Peter Schuyler Bruff, and all other persons and corporations who have subscribed or who may 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 and maintaining the pier and works authorized by this Order, and for the other purposes of this Order, and for those purposes shall be and are hereby incorporated by the name of the Walton-on-the-Naze Pier 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 the purposes but subject to the restrictions of this Order.
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Undertakers.
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2. The Walton-on-the-Naze Pier Company, herein-after called the Company, shall be the undertakers of the works authorized by this Order.
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Incorporation of Companies Clauses Acts.
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3. The Companies Clauses Consolidation Act, 1845, and Part I. of The Companies Clauses Act, 1863, shall be incorporated with this Order.
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Capital.
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4. The capital of the Company shall be the sum of ten thousand pounds, in one thousand shares of ten pounds each.
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Calls.
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5. No call shall exceed two pounds per share, or be made payable within two months of any previous call.
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Borrowing powers.
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6. The Company may, with the sanction of a general meeting of the Company specially convened for the purpose, borrow on mortgage or bond at interest, from time to time, not exceeding five years, such sums of money as may from time to time be required; but no money shall be so borrowed until the whole of the capital sum of ten thousand pounds is subscribed for or taken, and until one half thereof is paid up, and until the Company prove to the Justice who is to certify under The Companies Clauses Consolidation Act, 1845, section 40, before be so certifies, that all such capital has been subscribed for bonâ fide, and is held by subscribers or their assigns legally liable for the same (of which matters such certificate shall be sufficient evidence).
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Receiver.
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7. The mortgagees of the Company may enforce the payment of arrears of interest, or the arrears of principal and interest, due on their respective mortgages by the appointment of a receiver. The amount to authorize a requisition for a receiver shall be one thousand pounds.
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Power to create preference shares.
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8. The Company may, by the resolution of a general meeting specially convened, such resolution being adopted by not less than three fifths in value of the shareholders present in person or by proxy at the meeting, direct that the holders of any portion, not exceeding one third part, of the shares, then subscribed for of taken shall be entitled to dividend at a rate to be prescribed by such meeting, not exceeding five per centum per annum, in priority to the other holders of shares in the capital of the Company.
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No interest or dividend on calls.
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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 the provisions of The Companies Clauses Consolidation Act, 1845.
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Money not to be used for deposit, &c.
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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.
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Money to be applied as authorized.
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11. Every part of the money so raised shall be applied only for the purposes authorized by this Order.
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First general meeting.
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12. The first general meeting of the Company shall be held within six calendar months after the passing of an Act of Parliament confirming this Order at such time and place as the directors determine.
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Number of directors.
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13. The number of the directors shall not be more than five nor less than three.
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Quorum of directors.
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14. The quorum of a meeting of directors shall be three.
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First directors.
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15. The three persons herein-before named may, by writing under their hands, nominate the persons who shall, either conjointly with themselves, or any of them, or otherwise, be the first directors of the Company, and the directors so nominated shall continue in office until the first general meeting of the Company.
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Qualification.
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16. The qualification of a director elected by the shareholders, or nominated as aforesaid, shall be the holding in his own right of not less than twenty shares in the capital of the Company.
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Remuneration.
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17. The remuneration of the directors shall from time to time be fixed by a general meeting, and shall be divided among the directors in such manner as they determine, Until any other remuneration is fixed in manner aforesaid, the remuneration divisible among the directors shall be at the rate of twenty pounds per annum.
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Lands.
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Power to take specified lands by arrangements.
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18. For the purpose of the works authorized by this Order the Company may from time to time, by agreement, enter on, take, and use all or any of the land shown on the plans as intended to be taken for the purposes of the proposed pier and works.
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Incorporation of Lands Clauses Acts.
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19. 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 Act 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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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, 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 pier.
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21. The works authorized by this Order comprise the following:
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A pier, with all proper works, approaches, tramways, and other conveniences connected therewith, situate wholly in the parish of Walton and county of Essex, commencing at or near the junction of the South Cliff Slope roads leading to the sea shore, and about forty yards northward of the Clifton Hotel at Walton aforesaid, and running out into the sea in an easterly direction, and terminating three hundred and fifty yards or thereabouts from high-water mark:
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Provided nevertheless, that the said pier beyond the distance of one hundred yards from high-water mark at spring tides shall not be a solid embankment or pier, but an open work viaduct, with or without a floating pier or landing stage.
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Rates.
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Power to take rates in Schedule.
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22. The Company may demand and receive in respect of vessels, goods, persons, and things in the Schedule hereto described any rates not exceeding the rates in that Schedule specified.
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Exemptions of Custom House Officers from rates.
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23. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress, into, through, along, from, and out of the pier and works by land, and with their vessels and otherwise, without payment.
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Application of rates.
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24. The rates received under this Order shall be applicable for the purposes and in the order following:
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1. To the maintenance of the works authorized by this Order:
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2. In payment, to an extent not exceeding one fifteenth part of such rates, of any rent or rentcharge payable in respect of any lands acquired by the Company under this Order:
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Walton-on-the-Naze.
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3. In payment of the interest accruing on any money borrowed under the authority of this Order, and in repayment of the principal of such money:
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4. To the use and for the purposes of the Company.
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General Provisions.
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Company may provide steam engines, &c.
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25. The Company may provide such steam engines, steam vessels, piling engines, diving bells, barges, boats, and other machinery and vessels as they think necessary for carrying on the business of the Company, or for effectuating any of the purposes of this Older, and may demand and receive such sums for the use thereof as they think reasonable.
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Company may contract with persons for use of pier.
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26. The Company 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 upon, 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 pass 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, Ducks, and Piers Clauses Act, 1847, for all the purposes of which Act this Order shall be deemed the special Act.
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Power to dredge, scour, &c.
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27. Subject to the provisions of this Order, the Company may from time to time dredge, deepen, and scour that portion of the foreshore which lies within the limits of this Order, and may place and maintain moorings, buoys, dolphins, capstans, and other necessary works for warping or otherwise assisting vessels coming to or leaving the pier, or lying outside or along the same, and may do, execute, and perform all such lawful acts and things either in or upon the lands or works belonging to them, or within the limits of this Order, as they may think necessary or proper for preventing and removing obstructions or impediments thereon or therein, or for preserving or facilitating the access to, or increasing the convenience or security of the pier, and generally for preserving the navigation within the limits of this Order; provided always, that any materials so dredged shall be disposed of in such manner as the Board of Trade may from time to time direct.
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Limits of Order.
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28. The limits of this Order shall include the pier and the space lying between the pier and the shore and a line running parallel with the pier at a distance of three hundred yards from the north side off the pier, and a straight line drawn north and south at a distance of three hundred yards from the east end of the pier, and a line running parallel with the first-mentioned line at a distance of three hundred yards from the south side of the pier.
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Part V. of 24 & 25 Vict. c. 47. to apply.
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29. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to the works authorized by the Order.
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Short title.
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30. This Order may be cited as The Walton-on-the-Naze Pier Order, 1864.
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Board of Trade, Whitehall.
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Dated this 10th day of March 1864.
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(Signed) T. H. FARRER,
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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 15 tons, per ton
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0
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4
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For every vessel of the burden of 15 tons, and under 50 tons, per ton
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0
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6
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For every vessel of the burden of 50 tons, and under 100 tons, per ton
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0
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8
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For every vessel of the burden of 100 tons, and under 150 tons, per ton
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0
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10
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For every vessel of the burden of 150 tons and upwards, per ton
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1
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0
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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 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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4
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Ale (bottled), 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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9
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Anchor stock, per foot run
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0
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2
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Bark, per ton
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2
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0
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Bedding, per bundle
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0
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3
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|
Beef or pork, per cwt.
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0
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3
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Beef or pork, per barrel
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0
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6
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|
Biscuit or bread, per cwt.
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0
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3
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|
Blubber, per ton of 252 gallons
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3
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0
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Bones and bone dust, per ton
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1
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6
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Bottles, per gross
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0
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9
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|
Bricks, per 1,000
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2
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0
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Butter and lard, per barrel
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0
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6
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Butter and lard, per firkin
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3
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0
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|
Cables, iron or hempen, per ton
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3
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0
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Canvass, 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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3
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|
Other casks in proportion.
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|
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Cattle:
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|
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|
Bulls, cows, and oxen, each
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3
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0
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|
Calves, each
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1
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0
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|
Horses, each
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4
|
0
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|
Pigs, each
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0
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6
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|
Sheep, each
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1
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0
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|
Chalk, per ton
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1
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6
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|
Cheese, per cwt.
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0
|
4
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|
Chimney pots, each
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0
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3
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|
Clay, per ton
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1
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0
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|
Cloth, haberdashery, &c., per package, not exceeding one cwt.
|
0
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6
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|
Carriages:
|
|
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|
Chaises and other four-wheeled carriages, each
|
7
|
6
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|
Gigs, carts, and other, two-wheeled carriages, each
|
5
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0
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|
Hand-carts and perambulators, each
|
1
|
0
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|
Coals, per ton
|
1
|
0
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|
Copper, per ton
|
3
|
0
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|
Cordage, per cwt.
|
0
|
3
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|
Cork, per cwt.
|
0
|
6
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|
Corpses, each
|
20
|
0
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|
Crystal, per box or package
|
0
|
6
|
|
Dogs, each
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0
|
6
|
|
Drugs (in casks, hampers, or boxes), per foot
|
0
|
2
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|
Earthenware (in casks, hampers, or boxes), per foot
|
0
|
2
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|
Earthenware (in crates), per foot
|
0
|
1
|
|
Eggs, per box
|
0
|
3
|
|
Fish (dried and salted), per cwt.
|
0
|
2
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|
Fish (fresh not enumerated), per cwt.
|
0
|
2
|
|
Flax, per ton
|
2
|
0
|
|
Flour and meal, per sack
|
0
|
4
|
|
Flour and meal, per barrel
|
0
|
3
|
|
Fruit, per bushel or sieve
|
0
|
4
|
|
Furniture (household), per 5 cubic feet
|
0
|
4
|
|
Glass, per large crate
|
1
|
6
|
|
Glass, per small crate or case
|
1
|
0
|
|
Glass, per box
|
0
|
6
|
|
Grains and seeds, per quarter
|
0
|
6
|
|
Groceries (not enumerated), per quarter
|
0
|
6
|
|
Guano, per ton
|
1
|
6
|
|
Gunpowder, per barrel or keg
|
0
|
6
|
|
Hams, bacon, or tongues, per cwt.
|
0
|
4
|
|
Hardware, per ton
|
2
|
6
|
|
Hares and rabbits, per dozen
|
0
|
4
|
|
Hay, per ton
|
1
|
6
|
|
Hay, per truss
|
0
|
2
|
|
Hemp, per ton
|
2
|
0
|
|
Herrings (fresh), per 1,000
|
0
|
3
|
|
Herrings (cured), per barrel
|
0
|
3
|
|
Hides:
|
|
|
|
Ox, cow, or horse (wet or dry), each
|
0
|
2
|
|
Iron:
|
|
|
|
Bar, bolt, rod, and shots, per ton
|
1
|
6
|
|
Pig and old, per ton
|
1
|
0
|
|
Manufactured, per ton
|
2
|
6
|
|
Pots, each
|
0
|
1
|
|
Kelp, per ton
|
2
|
0
|
|
Lead, per ton
|
2
|
6
|
|
Leather (tanned and dressed), per cwt.
|
0
|
3
|
|
Lime, per 28 bushels
|
1
|
4
|
|
Limestone, per ton
|
1
|
0
|
|
Machinery, per ton
|
2
|
6
|
|
Manure (not enumerated), per ton
|
1
|
0
|
|
Masts and spars, 10 inches in diameter and upwards, each
|
4
|
6
|
|
Masts and spars, under 10 inches, each
|
3
|
0
|
|
Meat (fresh), per cwt.
|
0
|
6
|
|
Milk, per gallon
|
0
|
0½
|
|
Musical instruments, per cubic foot
|
0
|
1
|
|
Nets, per 5 cubic feet
|
0
|
4
|
|
Oakum, per cwt
|
0
|
2
|
|
Oils, per tun
|
2
|
0
|
|
Oilcake, per ton
|
2
|
0
|
|
Oranges and lemons, per box
|
0
|
6
|
|
Ores, per ton
|
1
|
0
|
|
Oysters; per bushel
|
0
|
3
|
|
Paint, per cwt
|
0
|
4
|
|
Pitch and tar, per barrel
|
0
|
6
|
|
Potatoes, per cwt.
|
0
|
2
|
|
Poultry and game, per dozen
|
0
|
4
|
|
Rags and old rope, per ton
|
2
|
0
|
|
Sails, per cwt.
|
0
|
6
|
|
Salt, per cwt.
|
0
|
1
|
|
Sand, per ton
|
1
|
0
|
|
Shrimp baskets, each
|
0
|
2
|
|
Skins (calf, goat, sheep, lamb, or dog), per dozen
|
0
|
6
|
|
Slates, per ton of 24 cubic feet
|
2
|
0
|
|
Spirits (Foreign and British), per hogshead
|
1
|
0
|
|
Spirits (Foreign and British), per gallon
|
0
|
1
|
|
Stones, per ton of 16 cubic feet
|
1
|
6
|
|
Steel, per ton
|
3
|
0
|
|
Sugar, per cwt.
|
0
|
3
|
|
Tallow, soap, and candles, per cwt.
|
1
|
0
|
|
Tea, per chest
|
1
|
6
|
|
Tiles, per 1,000
|
3
|
0
|
|
Tin and zinc, per ton
|
0
|
6
|
|
Tobacco, per cwt.
|
0
|
3
|
|
Turbot, per score
|
0
|
6
|
|
Turnips, per ton
|
0
|
6
|
|
Turpentine and varnish, per barrel
|
0
|
6
|
|
Turtle, each
|
2
|
6
|
|
Vegetables (not enumerated), per cwt.
|
0
|
4
|
|
Vinegar, per hogshead
|
0
|
6
|
|
Vitriol, per carboy
|
1
|
0
|
|
Water, per cask
|
0
|
3
|
|
Wine, per hogshead
|
1
|
0
|
|
Wine, bottled, per dozen bottles
|
0
|
2
|
|
Wood:
|
|
|
|
Fir, pine, and other descriptions not enumerated, per load of 50 feet
|
1
|
6
|
|
Oak or wainscot, per load of 50 feet
|
2
|
0
|
|
Firewood, of 216 cubic feet fathom
|
1
|
6
|
|
Laths and lathwood, per fathom of 216 cubic feet
|
2
|
6
|
|
Handspikes, per 120
|
3
|
0
|
|
Oars, per 120
|
5
|
0
|
|
Spars, under 22 feet in length, above 2½, and under 4 inches in diameter, per 120
|
5
|
0
|
|
Spars, 2½ inches in diameter and under, per 120
|
4
|
0
|
|
Spars, 22 feet in length and upwards, and not exceeding 4 inches in diameter, per 120
|
9
|
0
|
|
Spars, above 4 and under 6 inches in diameter, per 120
|
14
|
0
|
|
Spokes of wheels not exceeding 2 feet in length, per 120
|
2
|
0
|
|
Spokes exceeding 2 feet in length, per 120
|
3
|
0
|
|
Treenails, per 1,000
|
2
|
6
|
|
Wedges, per 1,000
|
2
|
6
|
|
Pipe staves and others in proportion, per 120
|
2
|
6
|
|
Lignum vitæ, fustic, logwood, mahogany, and rosewood, per ton
|
2
|
0
|
|
Wool, per cwt.
|
0
|
4
|
|
Yarn, per cwt.
|
0
|
2
|
|
All other Goods not particularly enumerated in the above Table.
|
|
|
|
Light Goods, per cubic 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 less weights, measures, and quantities than those specified, a proportion of the respective rates shall be charged.
|
| |
III.—RATES FOR USE OF CRANES, WEIGHING MACHINES, AND SHEDS.
|
| |
1st, Rates of Cranage.
|
| | |
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 cwts., 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 the first 48 hours.
|
|
|
|
For any portmanteau, trunk, parcel, or other article 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.
|
| | |
|
£
|
s.
|
d.
|
|
For every passenger or other person who shall land at the pier from, or embark from it to, any steam vessel, ship, packet, or passage boat, or other sea-going vessel, for each and every time any sum not exceeding
|
0
|
0
|
6
|
|
For every person who shall land on the pier from, or embark from it to, any small boat or yacht, not being sea-going vessels, not exceeding
|
0
|
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
|
0
|
2
|
|
For every bath or sedan-chair taken on the pier, for each and every time any sum not exceeding
|
0
|
0
|
6
|
|
For every perambulator
|
0
|
0
|
2
|
|
For every master of any vessel, boat, or wherry, being an inhabitant of the town of Walton-on-the-Naze, and using the said pier for the purpose of going into or returning from his own vessel, boat, or wherry, on annual sum not exceeding
|
1
|
0
|
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
|
2
|
|
Over 28 lbs., and not exceeding 84 lbs.
|
0
|
4
|
|
Over 84 lbs., and not exceeding 112 lbs
|
0
|
5
|
|
Over 112 lbs., and not exceeding 140 lbs.
|
0
|
6
|
|
Over 140 lbs, and not exceeding 196 lbs.
|
0
|
7
|
|
Over 196 lbs., and not exceeding 2 cwts.
|
0
|
8
|
|
And for every cwt. beyond
|
0
|
4
|
|
And for every 20 lbs. weight in addition
|
0
|
1
|
|
