Pier and Harbour Orders Confirmation Act, 1864

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BRAY.

Provisional Order of the Board of Trade for the Construction of Works at Bray in the County of Wicklow, in addition to those authorized by The Bray Pier and Harbour Order, 1863; and for other Purposes.

Preamble.

Whereas by The Pier and Harbour Orders Confirmation Act, 1863, The Bray Pier and Harbour Order, 1863, set out in the Schedule thereto, made under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, empowering the Bray Pier and Harbour Company, herein-after called the Company, to make and maintain a Pier and Harbour at Bray, in the county of Wicklow, was confirmed (which Order is herein-after called the Order of 1863):

And whereas, under the two last-mentioned Acts, the Company 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, praying their Lordships to grant a Provisional Order authorizing the construction of additional works, and the raising of further capital in the manner herein-after mentioned, and for other purposes:

And whereas the estimated expenditure on the proposed works is three thousand pounds, and no more:

And whereas the Company 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 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 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:

Lands.

Power to take specified lands by agreement.

1. 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 or any part of the lands shown on the deposited plans as intended to be taken for the purposes of the proposed works.

Lands Clauses Acts incorporated.

2. 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.

Lands for extraordinary purposes.

3. The Company shall not purchase for extraordinary purposes land exceeding in extent in the whole two acres.

Works.

Power to make works.

4. 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.

Description of pier.

5. The works authorized by this Order comprise the following:-

A Pier or Jetty, commencing at or near to the Martello Tower which is situated on Bray Strand, between the railway station at Bray and the point of Bray Head called Bray Point, and running nearly straight out to sea in a north-casterly direction, for a distance of three hundred yards or thereabouts from low-water mark: With all proper works, approaches, landing places, and other conveniences connected therewith, for the recreation of the inhabitants and visitors of the town of Bray, and for the embarking and landing of passengers.

Rates.

Like rates as under Order of 1863.

6. The Company may demand and receive, for the pier or jetty and works authorized by this Order, the like rates as they are, by the Order of 1863, authorized to demand and receive for the pier and harbour thereby authorized.

Power to levy additional rates for purposes of Order of 1863 and this Order.

7. The Company, in addition to such rates as they are, by the Order of 1863, and by the foregoing provision of this Order, authorized to demand and receive, may demand and receive, as well for the pier and harbour authorized by the Order of 1863, as for the pier or jetty and works authorized by this Order, any sums not exceeding the rates in the Schedule hereto specified, in respect of the things in that Schedule described, anything in the Order of 1863 notwithstanding.

Shares: Management of Company.

Incorporation of parts of Companies Clauses

Consolidation Acts, 1845 and 1863.

8. The provisions of The Companies Clauses Consolidation Act, 1845, so far as the same are applicable for the purposes of this Order, and Part I. (relating to cancellation and surrender of shares), and Part II. (relating to additional capital), of The Companies Clauses Act, 1863, shall be respectively incorporated with this Order, and shall, in all particulars not otherwise provided for by or under this Order, respectively apply to all shares and capital created, and to all money borrowed and mortgages granted, under this Order; and, in the construction of those provisions in connexion with this Order, the expression “the Special Act” shall mean this Order; the expression “the Company” shall mean the Bray Pier and Harbour Company; the expression “the Undertaking” shall mean the undertaking of the Company, and the provisions relating to the (Superior Courts shall extend to any County or other Court having by law cognizance of the action.

Power to create new shares.

9. The Company may from time to time raise, for the purposes of this Order, any sum not exceeding in the whole three thousand pounds, by the creation and issue of three hundred shares of ten pounds each, to be called Extension shares.

Rights and qualification of new shareholders.

10. Subject to the other provisions of this Order, all Extension shares shall confer the like qualifications and rights of voting as the original shares of the Company confer, and the several persons who have subscribed, or hereafter subscribe, to the undertaking authorized by this Order, shall, in proportion to their respective subscriptions, be holders of Extension shares, and shall be called Extension share holders.

Amount and number of calls.

11. The amount of any one call to be made upon the Extension shares shall not exceed two pounds per share, and successive calls shall not be made at a less interval than three months.

New works and capital to constitute a separate undertaking and capital.

12. The pier or jetty and works authorized by this Order shall, for financial purposes, form a separate undertaking, and the capital and Extension shares created under this Order shall constitute a separate capital.

As to dividend on new shares.

13. The profits from time to time applicable to dividend of the pier or jetty and works authorized by this Order shall be wholly applied in payment of interest or dividend on the Extension shares, and the Extension share holders shall not in respect thereof be entitled to interest or dividend out of any other profits of the Company.

Separate accounts to be kept in respect of new shares.

14. Extension shares shall be so designated in the books of the Company and on the certificates issued for the same; the Company shall keep separate accounts of all receipts and payments from, for, or on account of the pier or jetty and works authorized by this Order.

Restriction as to right of voting in respect of extension shares.

15. Extension shares shall not confer any right of voting or interference at any meeting of the Company on any question or proceeding not directly affecting the pier or jetty and works authorized by this Order.

Increase of number of directors.

16. From and after the passing of an Act confirming this Order the number of directors of the Company shall be seven, and the quorum of a meeting of the directors shall be three.

Mode of election of directors.

17. Five of the directors (the qualification of each of whom shall be the possession in his own right of not less than twenty original shares in the Company) shall be from time to time appointed by the original share holders under the Order of 1863, and two of the directors shall be from time to time appointed by the Extension share holders in manner herein-after directed; and any person being a director appointed by the original share holders shall, while he continues such director, be incapable of being elected a director by the Extension share holders; and any person being a director appointed by the Extension share holders shall, while he continues such director, be incapable of being elected a director by the original share holders.

Extension shareholders to elect two directors of Company.

18. At the first ordinary meeting of the Company held in the year 1865, the Extension share holders present, personally or by proxy, at such meeting shall elect two directors, who shall continue in office until the first ordinary meeting of the Company held in the year 1866; and the Extension share holders shall from time to time, as often as vacancies occur by effluxion of time, at the meetings when directors in the room of retiring directors are chosen, elect two other directors, the qualification of each of whom shall be the possession in his own right of twenty Extension shares, and such two directors shall continue in office until the first ordinary meeting of the Company held in the then next succeeding year, and any outgoing director shall be re-eligible; and any occasional vacancy among such two directors may, subject to the provisions of this Order, be filled up in the manner prescribed in The Companies Clauses Consolidation Act, 1845, for the supplying of occasional vacancies in the office of directors; and the present directors of the Company, and those from time to time appointed by the original share holders, and the two directors to be appointed under this Order, shall, subject to the provisions of this Order, enjoy the like powers as if they had been elected by the whole of the shareholders of the Company.

The two classes of shareholders to vote separately in election of their respective directors.

19. The holders of original shares or stock in the Company shall not be entitled as such to vote at any meeting of the Company in regard to the election of directors by the Extension share holders, and Extension share holders shall not be entitled as such to vote at any meeting of the Company in regard to the election of directors by the original shareholders.

As to vacancies amongst directors.

20. No director appointed by the original share holders shall be entitled to vote at the election of any director to fill up any vacancy among the directors appointed by the Extension share holders, and no such last-mentioned director shall be entitled to vote at the election of any director to fill up any vacancy among the directors appointed by the original share holders.

Power to borrow.

21. The Company may from time to time, under this Order, borrow on mortgage or bond, at interest, such sums of money as may be required for the purposes of the works authorized by this Order; but no money shall be borrowed until the whole of the capital of three thousand pounds is subscribed for of taken, and until one-half thereof is actually paid up, and until the Company prove to the Justice who is to certify under The Companies Clauses Consolidation Act, 1845, section 40 (before he so certifies), that all such capital has been subscribed for, and is held by subscribers or their assigns, and that such subscribers or their assigns are legally liable for the same (of which proof having been given, the certificate of such Justice under that section shall be sufficient evidence).

Receiver.

22. The mortgagees of the Company under this Order may enforce the payment of the arrears of interest, or of 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 three hundred pounds.

No interest or dividend on calls.

23. The Company shall not, out of any money raised under this Order, by calls or borrowing, pay interest or dividend to any shareholder on the amount of calls made in respect of shares held by him; but this provision shall not prevent the Company paying to any shareholder such interest on money advanced by him beyond the amount of the calls actually made as is in conformity with the provisions of The Companies Clauses Consolidation Act, 1845.

Money not to be used for deposit under Standing Orders, &c.

24. The Company shall not, out of 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 purposes of Order.

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

Miscellaneous.

Restriction on use of pier.

26. Nothing in this Order shall entitle vessels or boats to ship or unship, at the pier or jetty authorized by this Order, any sheep, cattle, or merchandise, or to ship or unship there anything which, in the judgment of the Company, might in any manner interfere with the use of the pier or jetty for recreation or for the embarking or landing of passengers.

Limits of Harbour.

27. The limits within which the Company shall have authority (which shall be deemed the limits of the Order of 1863 and of this Order) shall extend from the Martello Tower which is situate on Bray Strand, in the county of Dublin, about five hundred yards or thereabouts north of the Bray River, across the mouth of the Bray River southward to the point of Bray Head, called Bray Point, in the county of Wicklow, and extending seaward for a distance of five hundred yards from high-water mark at ordinary spring tides between the aforesaid points.

Part of Harbours Clauses Act not incorporated.

28. Section 16, 17, 18, and 19, of The Harbours, Docks, and Piers Clauses Act, 1847, shall not be incorporated with this Order.

Harbour authority.

29. The Company shall be the Harbour Authority for or in connexion with pier and harbour authorized by the Order of 1863, and the pier or jetty and works authorized by this Order, within the prescribed limits.

Expenses of Order.

30. The costs, charges, and expenses of applying for and obtaining this Order, or preparatory or incident thereto, shall be paid by the Company out of the money raised under this Order.

Construction and short title.

31. This Order shall be read and construed (as far as may be), together with the Order of 1863, as one Order, and may be cited as The Bray Pier and Harbour (Extension) Order, 1864.

Board of Trade, Whitehall.

Dated this 16th day of March 1864.

(Signed) T. H. FARRER,

Marine Secretary.

SCHEDULE to which the foregoing Order refers.

ADDITIONAL RATES FOR THE PIER AND HARBOUR AUTHORIZED BY THE ORDER or 1863, AND FOR THE PIER OR JETTY AUTHORIZED BY THE FOREGOING ORDER.