Pier and Harbour Orders Confirmation Act, 1864

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KIRCUBBIN.

Provisional Order of the Board of Trade for the Improvement Maintenance, and Regulation of the Harbour of Kircubbin, in the County of Down,

Preamble.

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, Robert Edward Ward, of Bangor Castle, in the county of Down, Esquire, made application by 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 the Board of Trade to make a Provisional Order under the said Acts, and thereby to empower the said Robert Edward Ward, as promoter, to execute the works herein-after mentioned at the port and harbour of Kircubbin aforesaid, and also to levy and recover harbour rates and duties, according to the Schedule annexed to the said memorial:

And whereas the estimated expenditure on the said works is one hundred pounds and no more:

And whereas the promoter published the advertisements and deposited the documents which he was by the last-mentioned Act 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 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:—

Undertakers.

1. The said Robert Edward Ward and his successors shall be the undertakers of the works authorized by this Order.

Powers to make works.

2. Subject to the provisions of this Order, the undertakers may, in or at the said harbour, and in the lines and on 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 works.

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

The repairing of the quay or pier, by repairing the paving of the roadway or surface thereof, and of the sea slope on the outside of the pier, and cleaning out and deepening the present harbour, and erecting mooring posts on the pier, or about the same.

Power to take rates in schedule.

4. From and after the completion of the proposed works (of which completion a certificate signed by the chairman of the Quarter Sessions having jurisdiction at the port of Kircubbin shall be conclusive evidence, which certificate such chairman shall sign and give on being satisfied of such completion), the undertakers may demand and receive in respect of the vessels, goods, and things described in the schedule hereto, at the said quay or pier, any sums not exceeding the rates in that schedule specified; but nothing in this Order shall prevent the undertakers from taking at the said quay or pier before the completion of the proposed works any rates which they would have been entitled to take there if this Order had not been made.

Exemption of Custom House officers.

5. Officer 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.

Application of receipts.

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

(1.) In paying the expenses of, and connected with the applying for, obtaining, and making of this Order.

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

(3.) And as to the surplus revenue of the harbour, that is to say, so much of the rates as may remain after answering the purposes aforesaid, the same shall be applicable by the undertakers to and for their own proper use and benefit

Exception of parts of the Harbours Clauses Act.

7. The following provisions of The Harbours, Docks, and Piers Clauses Act, 1847, shall not be incorporated with this Older; namely, Sections 16, 17, 18, 19, 25, 26, 49, and 50.

Meters and Weighers.

8. The undertakers shall have the appointment of meters and weighers within the harbour.

Providing engines, lighters, &c.

9. 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 this Order, and may demand and receive such sums for the use of the same as they think reasonable.

Pilotage and lights, buoys and beacons.

10. The undertakers shall be a pilotage authority and a local authority within the meaning of The Merchant Shipping Act, 1854, and Acts amending the same, with all the powers thereby conferred on pilotage authorities and on local authorities.

Short title.

11. This Order may be cited as The Kircubbin Harbour Order, 1864.

Board of Trade, Whitehall,

Dated this 18th day of March 1864.

(Signed) T. H. FARRER,

Marine Secretary.

SCHEDULE referred to in the foregoing Order.

I.—RATES ON VESSELS ENTERING OR USING THE HARBOUR OR PIER.

All pleasure boats, boats entirely open, and fishing boats exempt.

II.—RATES ON GOODS SHIPPED OR UNSHIPPED, RECEIVED OR DELIVERED, WITHIN OR AT THE HARBOUR OR PIER.

All other Goods not particularly enumerated above, except Limestone.

In charging the rates on goods, the gross weight or measurement of all goods to be taken, an 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 2½ cwt., to be rated as a barrel bulk, but when the weight of 5 cubic feet is greater than 2½ cwt, then 2½, cwt. to be rated as a barrel bulk.

III. —RATES FOR THE CRANES, WEIGHING MACHINES, AND SHEDS PROVIDED AT THE HARBOUR OR PIER.

2nd. Weighing Machines.

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

3rd. Shed Dues.

For each ton of goods of eight barrels bulk or for each ton of goods of 20 cwt. which shall remain in the sheds or on the quays of the harbour 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.