Harbours, Docks, and Piers Clauses Act 1847
(10 & 11 Vict.) C A P. XXVII.
[11th May 1847]
'WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parliament authorizing the Construction or improving of Harbours, Docks, and Piers, and that as well for avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring greater Uniformity in the Provisions themselves:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Act shall extend only to such Harbours, Docks, or Piers as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as they are applicable to such Undertaking, and shall, with the Clauses of every other Act incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act and any Act incorporated therewith, be it enacted as follows:
II ‘special Act:’
II. The Expression ‘the special Act’ used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the Construction or improving of an Harbour, Dock, or Pier, and with which this Actshall be incorporated; and the Word ‘prescribed,’ used in this Act in reference to any Matter herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word occurs shall be construed as if, instead of the Word ‘prescribed,’ the Expression ‘prescribed for that Purpose in the special Act’ had been used; and the Expression‘the prescribed Limits,’ used with reference to the Harbour, Dock, or Pier, shall mean the Distance measured from the Harbour, Dock, or Pier, or other local Limits (if any) beyond the Harbour, Dock, or Pier, within which the Powers of the Harbour Master, Dock Master, or Pier Master, for the Regulation of the Harbour, Dock, or Pier, shall by the special Act be authorized to be exercised; and the Expression‘the Lands’ shall mean the Lands which shall by the special Act be authorized to be taken or used for the Purposes thereof; the Expression ‘the Harbour, Dock, or Pier’ shall mean the Harbour, Dock, or Pier, and the Works connected therewith, by the special Act authorized to be constructed; the Expression ‘the Harbour Master’ shall mean, with reference to any such Harbourthe Harbour Master, and with reference to any such Dock the Dock Master, and with reference to any such Pier the Pier Master, respectively appointed by virtue of this or the special Act, and with respect to all Acts authorized or required to be done by such Harbour Master, Dock Master, or Pier Master, shall include the Assistants of every such Harbour Master, Dock Master, or Pier Master; and the Expression ‘the Undertakers’ shall mean the Persons by the special Act authorized to construct the Harbour, Dock, or Pier, or otherwise carry into effect the Purposes of the special Act with reference thereto.
III Interpretations in this and the special Act.
III. The following Words and Expressions, in both this and the special Act and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number only shall include the Plural Number, and Words importing the Plural Number only shall include the Singular Number:
Words importing the Masculine Gender only shall include Females:
The Word ‘Person’ shall include Corporation, whether aggregate or sole:
The Word ‘Lands’ shall include Messuages, Lands, Tenements, and Hereditaments, or Heritages of any Tenure:
The Word ‘Vessel’ shall include Ship, Boat, Lighter, and Craft of every Kind, and whether navigated by Steam or otherwise:
The Word ‘Master,’ when used in relation to any Vessel, shall be understood to mean the Person having the Command or Charge of the Vessel for the Time being:
The Word ‘Owner,’ when used in relation to Goods, shall be understood to include any Consignor, Consignee, Shipper, or Agent for Sale or Custody of such Goods, as well as the Owner thereof:
The Word ‘Goods’ shall include Wares and Merchandize of every Description, and all Articles in respect of which Rates or Duties are payable under the special Act:
The Word ‘Rate’ shall mean any Rate or Duty or other Payment in the Nature thereof payable under the special Act:
The Expression ‘the Collector of Rates’ shall mean the Person appointed by the Undertakers to collect the Rates by the special Act authorized to be levied by them, and shall include the Assistants of such Collector:
The Word ‘Month’ shall mean Calendar Month:
The Expression ‘Superior Courts,’ where the Matter submitted to the Cognizance of the Superior Courts arises inEngland or Ireland , shall mean Her Majesty's Superior Courts of Record at Westminster or Dublin , as the Case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster , and the Court of Pleas of the County of Durham , and where such Matter arises in Scotland shall mean the Court of Session:
The Word ‘Oath’ shall include Affirmation in the Case of Quakers, and any Declaration lawfully substituted for an Oath in the Case of any other Persons allowed by Law to make a Declaration instead of taking an Oath:
The Word ‘County’ shall include any Riding or other Division of a County having a separate Commission of the Peace, and inScotland shall include Stewartry, and any Ward or other Division of a County or Stewartry having a separate Sheriff, and shall also include County of a City and County of a Town:
The Word ‘Justice’ shall mean Justice of the Peace acting for the Place where the Matter requiring the Cognizance of any such Justice arises, and where such Matter arises in respect of Lands situate not wholly in any one Jurisdiction shall mean a Justice acting for the Place where any Part of such Lands shall be situate; and where any Matter shall be authorized or required to be done by Two Justices, the Expression ‘Two Justices’ shall be understood to mean Two or more Justices met and acting together:
The Word ‘Sheriff’ shall mean the Sheriff Depute of the County or Ward of a County inScotland , and the Steward Depute of the Stewartry in Scotland , in which the Matter submitted to the Cognizance of the Sheriff arises, and shall include the Substitute of such Sheriff Depute and Steward Depute respectively:
The Expression ‘Quarter Sessions’ shall mean Quarter Sessions as defined in the special Act; and if such Expression be not there defined, it shall mean the General or Quarter Sessions of the Peace which shall be held at the Place nearest to the Situation of the Harbour, Dock, or Pier for the County or Place in which the Harbour, Dock, or Pier, or the principal Office thereof, is situate, or for some Division of such County having a separate Commission of the Peace:
The Expression ‘the Lords of the Admiralty’ shall mean the Lord High Admiral of the United Kingdom ofGreat Britain and Ireland , or the Commissioners for executing the Office of Lord High Admiral.
And with respect to citing this Act, or any Part thereof, be it enacted as follows:
IV Short Title of this Act.
IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression ‘TheHarbours, Docks, and Piers Clauses Act, 1847.’
V Form in which Portions of this Act may be incorporated in other Acts.
V. For the Purpose of incorporating Part only of this Act with any Act hereafter to be passed it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act with the Exception of the Clauses so described, shall be incorporated with such Act, and thereupon all the Clauses of this Act so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the Construction of the Harbour, Dock, or Pier, be it enacted as follows:
VI Constructing of Harbour, Dock, or Pier to be subject to the Provisions of this Act and One of the Lands Clauses Consolidation Acts.
VI. Where by the special Act the Undertakers shall be empowered, for the Purpose of constructing the Harbour, Dock, or Pier, to take or use any Lands otherwise than with the Consent of the Owners and Occupiers thereof, they shall, in exercising the Power so given to them, be subject, if the...
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