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GREENOCK.
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Provisional Order of the Board of Trade to enable the Trustees of the Port and Harbours of Greenock on the Frith of Clyde to widen and extend Albert Harbour there, and for Improvement, Maintenance, and Regulation of the said Port and Harbours.
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Preamble.
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Whereas the provost, four bailies, treasurer, and whole councilors of the burgh of Greenock on the Frith of Clye, acting under the Local Act of Parliament of the fifth year of the reign of Her present Majesty, session second, chapter fifty-four, and the several other Arts of Parliament as to the port and harbours of Greenock therein recited, that is to say, the following Load Acts of the reign of His Majesty King George the Third, namely, of the thirteenth year, chapter twenty-eight, of the twenty-ninth year, chapter forty-throe, of the forty-first year, chapter fifty-one, of the forty-third year, chapter eighty-seven, of the fiftieth year, chapter one hundred and sixty-seven, and of the fifty-seventh year, chapter thirty-two, are the trustees of the said port and harbours of Greenock, in this Order called the trustees:
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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 trustees 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 styled the Board of Trade, praying for a Provisional Order under the said last-mentioned Acts for extension of a harbour called Albert Harbour within the limits of their port, and now in course of construction by them under powers contained in the Act first mentioned, by widening the said harbour, and that they might have power to acquire lands and properly for that purpose, and that other provisions might be made in regard thereto:
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And whereas the estimated expenditure for the proposed extension and works is forty thousand pounds and no more:
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And whereas the trustees claim a right to levy certain dues on ships bound to or from Glasgow which load or discharge at the Tail of the Bank in the Clyde, and on the goods there laden into and discharged from such ships:
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And whereas the said claim is disputed, and it is expedient that such dispute should be put an end to in the manner and at the time herein-after mentioned:
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And whereas the trustees published the advertisements and deposited the documents which by the General Pier and Harbour Acts before mentioned 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 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 confirmation this Provisional Order will not be of any validity or force whatsoever):
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Now, therefore, the Board of Trade do by this 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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The undertakers.
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1. The trustees and their successors in office, trustees of the port and harbours of Greenock, shall be the undertakers under this Order.
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Power to take specified lands by agreement.
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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 of the lands shown on the deposited plan as intended to be taken for the purposes of the proposed works.
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Lands Clauses Acts incorporated.
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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.
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Power to make works.
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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 sections, make and maintain the further or extended works at the said Albert Harbour shown on the deposited plan.
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Description of works.
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5. The works authorized by this Order are the following:
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An extension of the harbour called Albert Harbour, now in course of construction, by widening the same to the extent of twenty-three yards or thereby additional, on the southern side thereof, along the whole length of the said Albert Harbour, being three hundred and thirty yards or thereby, embracing the extension of the East Quay of the said Albert Harbour for the said distance of twenty-three yards or thereby in a southerly direction, and of the West Quay of the said Albert Harbour for a like distance in a like direction, and the formation of the South Quay at a like distance southward from its site as heretofore designed; and the excavation of the said additional harbour ground to be acquired under this Order to the requisite depth, as the said extended Albert Harbour ground and works are shown on the deposited plan and sections.
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Application of the Harbours, Docks, and Piers Clauses Act.
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6. The Harbours, Docks, and Piers Clauses Act, 1847, shall not be incorporated with this Order, excepting in so far as regards the provisions with respect to the construction of the harbour, dock, or pier, which, so far as the said Albert Harbour remains to be completed, shall be applicable to the same, and excepting also in so far as regards the sections fourteen, fifteen, twenty-five, and twenty-six, and the saving of rights sections of the said Act.
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Trustees may levy rates.
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7. The trustees may demand and receive for the use of the said Albert Harbour and works on all vessels, passengers, animals, goods, matters, and things resorting to, and landing at, or loaded or unloaded at the said Albert Harbour, or using the same, or works therewith connected, the rates, dues, and duties by the recited local Acts authorized to be levied for and at the said port and harbours of Greenock, as the same are or may be modified or altered by The Harbours and Passing Tolls, &c. Act, 1861, to be levied to the same extent, and by the same process, and in the same way and manner in all respects as the rates, dues, and duties leviable under the said local Acts as so modified or altered are and may be levied, demanded, and received.
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Application of rates.
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8. The said rates, dues, and duties shall be applicable to payment of the costs incurred in regard to this Order, and to the purposes to which the rates, dues, and duties leviable under the said recited local Acts are applicable, the said Albert Harbour and works being always regarded as part of the works and undertaking of the port and harbours of Greenock.
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Application of Harbour Acts and of Police Act to this Order.
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9. The whole provisions of the said recited local Acts, and also of the local Police Act of the third year of the reign of Her present Majesty, chapter twenty-seven, shall, so far as applicable and not altered by this Order, be applied to the said Albert Harbour and works as part of the works and undertaking of the said port and harbours of Greenock.
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Trustees may apply funds in their hands in execution of works.
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10. The trustees may apply in and towards execution of the said extension of Albert Harbour and works hereby authorized all funds in their hands derived from the rates and income the trustees, or in their hands, or that may come to be in their hands, through any loan effected or that may be effected by them with the Public Works Loan Commissioners, or effected or to be effected with private parties.
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Power to borrow.
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11. For the purpose of the purchase of lands and property, and for the execution of the said extension of Albert Harbour and works, the trustees may borrow and take up at interest, on the credit of the whole rates, dues, and duties leviable by them, and of the other property vested in them, any sum or sums of money not exceeding forty thousand pounds, and on any part of the same being repaid re-borrow the same if necessary, and assignments for such sum or sums and transfers of the same may be granted and registered in all respects as by the Harbour Act first recited is provided in regard to the borrowing of money thereby authorized:
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Provided always, that nothing herein contained shall affect any mortgage granted or that may be granted by the trustees to the Public Works Loan Commissioners, whether with regard to its constitution, preference, or any other particular whatsoever, without consent of the said Commissioners, nor shall anything herein contained affect; as to priority or otherwise, any mortgage granted by the trustees to any person before the commencement of the operation of this Order.
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Steam vessels, lighters, &c.
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12. The trustees may provide such steam engines steam vessels, piling engines, ballast lighters, rubbish lighters, and other machinery and vessels as they think necessary for the purposes of the port and harbours, and may demand and receive such sums for the use of the same as they think reasonable.
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Part V. of 24 & 25 Vict. c. 47. to apply.
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13. Part V. of The Harbours and Passing Tolls Act, 1861, shall apply to the said port and harbours of Greenock.
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Abolition of dues levied at the Tail of the Bank.
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14. All dues levied or leviable by the trustees on ships which, being bound to or from ports other than Greenock, load or discharge goods at the Tail of the Bank in the Clyde, or on goods there laden into or discharged from such ships, shall cease at the time following; that is to say,
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If there is paid to the trustees a composition equal to the aggregate amount of the dues levied by them on such ships and goods as aforesaid during the four years ending the thirty-first day of December one thousand eight hundred and sixty-three, then immediately on such payment:
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If no such composition is made, then from the thirty-first day of December one thousand eight hundred and sixty-eight:
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Provided, that nothing in this section shall apply to any ships goods that enter or use the basins, quays, or other harbour works of the trustees, or shall limit or otherwise affect the boundaries of the harbours of Greenock.
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Short title.
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15. This Order may be cited as The Greenock Harbour Older, 1864.
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Board of Trade, Whitehall,
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Dated this 29th day of March 1864.
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(Signed) T. H. FARRER,
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Marine Secretary.
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