Pier and Harbour Orders Confirmation Act, 1867, (No. 2.)

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BRAY.

Order for the Construction, Maintenance, and Regulation of a Pier at Bray in the County of Wicklow.

The undertakers.

1. The Bray Promenade Pier Company (Limited), in this Order called the Company, shall be the undertakers of the works authorized by this Order.

Power to take specified lands by agreement.

2. 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 plans deposited for the purposes of this. Order as intended to be taken for the purposes of the proposed works.

Lands Clauses Acts incorporated.

3. “The Lands Clauses Consolidation Act, 1845,” and “The Lands Clauses Consolidation Acts Amendment Act, I860,” except so much thereof respectively as relates to the purchase and taking of lands otherwise than by agreement, are hereby incorporated with this Order.

Power to make works.

4. Subject to the provisions of this Order, and subject also to such alterations (if any) in the deposited plans as the Board of Trade require from time to time before the completion of the works, in order to prevent injury to navigation, 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 plans and sections deposited for the purposes of this Order, make and maintain the works shown on the deposited plans.

Description of pier.

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

The construction of a Pier, commencing at or near a point on the foreshore, distant seven chains, or thereabouts, eastward from the eastern rail of the level crossing of the Dublin and Wicklow Railway, at the Bray Station of the said Railway, in the township of Bray, parish of Bray, and the county of Wicklow, and extending thence seaward in an easterly direction one thousand feet or thereabouts, with a landing place, and all necessary works, sea-walls, promenades, approaches, and conveniences for the embarking and landing of passengers.

Power to deviate within limits.

6. In constructing the Works authorized by this Order, the Company may deviate from the lines thereof laid down on the deposited plans to any extent within the limits of deviation shown on those plans, but not so as to authorize the construction of the Pier and Works beyond the limits of the esplanade as at present demised to the Bray Township Commissioners.

Pier to be open.

7. The Pier shall be constructed and maintained of open timber or iron work, and shall not be at any time solidified to any extent, except with the previous approval in writing of the Board of Trade.

Vessels not to be moored at pier.

8. Vessels or Boats shall not be allowed to be moored alongside of the Pier, or to remain there longer than is necessary for landing or embarking passengers or goods.

Power to take rates according to Schedule.

9. The Company may demand and receive in respect of the vessels, persons, and things described in the Schedule hereto any sums not exceeding the Rates in that Schedule specified, provided that vessels or boats shall not ship or unship at the Pier any matters or things other than those described in Sections One, Three, and Four of the said Schedule.

Certain fishing vessels under stress of weather exempt from rates.

10. Fishing vessels belonging to countries with which for the time being treaties exist, exempting from duties and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom, shall, when forced by stress of weather to make use of the Pier authorized by this Order, and not breaking bulk while making use thereof, be exempt from the rates leviable under this Order.

Company may contract with persons for the use of the Pier.

11. 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 are agreed on, but so that no preference be given to any person. Such a pass 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 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, Docks, and Piers Clauses Act, 1847,” (for all the purposes of which Act this Order shall be deemed the Special Act).

Custom House Officers exempt from rates.

12. Officers of Customs being in the execution of their duty shall at all times have free ingress, passage, and egress to, on, along, and from the Pier by land, and with their vessels and otherwise, without payment.

Lands for extraordinary purposes.

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

Meters and weighers.

14. The Company shall have the appointment of Meters and Weighers on or in connexion with the Pier.

Parts of Harbours, &c, Act, 1847, excepted.

15. The following Sections of “The Harbour, Docks, and Piers Clauses Act, 1847,” shall not be incorporated with this Order, namely, Sections sixteen to nineteen, and twenty-one to twenty-three, all inclusive.

Steam vessels, diving bells, lighters, &c.

16. The Company may provide such steam vessels, tugs, piling engines, diving bells, ballast lighters, rubbish lighters, moorings, dredging machines, and other machinery, vessels, and things 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.

Part V. of 24 & 25 Vict. c. 47. to apply.

17. Part V. of “The Harbours and Passing Tolls, &c., Act, 1861,” shall apply to the Works authorized by this Order.

Restriction on use of Pier.

18. Nothing in this Order shall entitle any person with any vessel or boat to ship or unship at the Pier 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 for recreation or for the embarking or landing of passengers.

Toll-houses, &c.

19. The Company may erect on the Pier or Promenade toll-houses, waiting, refreshment, and other rooms, and demise the same either wholly or in part for any term or terms of years.

Repeal of previous Orders relative to Bray.

20. “The Bray Pier and Harbour Order, 1863,” confirmed by “The Pier and Harbour Orders Confirmation Act, 1863,” and “The Bray Pier and Harbour (Extension) Order, 1864,” confirmed by “The Pier and Harbour Orders Confirmation Act, 1864,” shall be and the same Orders respectively are hereby from and after the passing of the Act confirming this Order repealed: Provided always, that the repeal of the said Orders shall be held to deprive and take away from the Bray Pier and Harbour Company all powers, rights, privileges, and authorities of every description conferred upon or vested in or reserved to the said Company, whether by the said Orders or by any Local or other Act of Parliament.

Saving Rights (if any) of the Right Hon. the Earl of Meath.

21. This Order shall not operate to take away or abridge such right, title, or interest (if any) as the Right Honourable William Earl of Meath, his heirs or assigns, may have in, to, or over the foreshore within the limits affected by this Order: Provided always, that nothing herein contained shall be held to recognize or confirm any right, title, or claim of the said Earl of Meath to the foreshore aforesaid, it being the intention of this Order that the right and title to such foreshore shall remain in the same state as if this Order had not been made.

Saving of rights under management of Board of Trade.

22. This Order shall not be taken as a consent to the surrender of any rights, interests, powers, authorities, or privileges transferred to the management of the Board of Trade by “The Crown Lands Act, 1866,” nor shall any works under this Order be commenced within limits affected by any such rights, interests, powers, authorities, or privileges without the assent of the Board of Trade having been first obtained.

Saving for corporations, &c.

23. Except as herein-before expressly provided, this Order shall not operate to take away or abridge any right, privilege, power, jurisdiction, or authority given or reserved to any person or corporation by any Local or other Act of Parliament without the consent in writing of such person under his hand, or of such corporation under their seal.

Short Title.

24. This Order may be cited as “The Bray Promenade Pier Order, 1867.”

SCHEDULE to which the foregoing Order refers.

I.—RATES ON VESSELS USING THE PIER.

II.—RATES FOR SUPPLYING WATER ON PIER.

III.—RATES ON PASSENGERS AND PROMENADERS USING THE PIER.

IV.—RATES ON PASSENGERS LUGGAGE.