Cowes Ferry Act 1901

Publication Date:January 01, 1901


Cowes Ferry Act 1901

(1 Edw. 7) c. lxxxviii

An Act to empower the Urban District Councils of Cowes and East Cowes to take on lease the existing Royal Ferry across the River Medina between their respective districts and to work and manage the same and for other purposes

[26th July 1901]

61 EDW. '7.1 Cowes Fewy Act, 1901. [ch. lxxxviii,] CB AP T E R llxxxviii. An Act to mipower blie Urban District Councils of Cowes *D. 1901. and East Cowes to take on leme the existing Royal Ferry across the River Neciina betmeen their respective districts and to ~vork nnd niaiiage the same and for other purposes. [2fitli July 1901.1 - HEREAX tlie w.bm districts or (Ion-cs aad Ewst Gonres in the Isle of Wiglit and coiuity of SoL~tllanlptoil arc nrbsn districts within the meaniny of tlic Local Govcrnmcnt Act 1854 ailcl a~c! i*espectivelF managed aid coutrollcc! hj~ the urban district councils of Cowes aut1 East Coms (hcrciii-after referred to respectidy as "the Cores Council " ancl `( Llio East Coves Comicil " and collectively as " the TTTO Coimcils ") : hd whereas the districts of the Two Councils are seprated by the River Xediiia and the oirly direct mcaiis of coiiimmiicntion between those di: tricts is by iiie,tlij of the Royal Ferry which is vested in thc King's mmt Fxcelleiit JIsjcsty in riglit of His Crovrn : And whereas it -\vould bc of adva,utagc to the public and to the inhabitants of the districts of tiic TITO Conci1s that the Tvo Councils slioulrl be aiitiiorisecl to take on lease the lights of sucli Roytd Ferry as herein-after provided : Ancl mliereas it is expedient that upon the Two Comcils taliiiig A lease of the ferry rights they slmuld bc antiiorisctl to work maintain and regulate the ferry to#ilcr ~i-itli all necessary works aid convenieiices co:inecteul t lierewitli ailcl to lcvy tolls for the use thereof : Ancl idlereas it is expcilicnt that tiic Two Councils sliou!d be authorised to borrow rrioney for such p~~rposcs and tlic o'hr purposes in this Act defined : Arid whereas it is expedient that) tlic otlicr powers in this Act contained should be confcrrcd on tlie Two Counclls : [Pg-ice is. 0cZ.J A 1 [l EDW. 7.1 4 TI. inol. L411cl whereas the p~irposes of this Act cannot be effected without tlie authority of Parliaiiient : Aid wlicrcas an alisolutc majority of the whole number of the Cowes Coiuicil ;It n ilzceting held by that council on the eleventh day of Dcceni1)cr onc thousand nine hundred after ten clear clays' notmice by public advcrtisement of such meeting and of the purpose tlicreof in tlic Isle of T'vight Herdd a local newspaper published and circulating in the district of tlic Cowes Council such notice bcing in zlclclition to the ordinary notices rcquired for summoning such mceting resolved that the expense in relation to promoting the Bill for this Act sliould as to one-half thereof be paid by the Comcs Conaicil and charged upon aacl picl out of the general district rate of col\7es : And whercai sncli rcsolution mas published twice in tlie said Isle of Wight Heralcl ancl has recciwxl the approval of the-Local Co~~c~ri~inent Board : And wljiereas the propiety of the promotion of the Bill for this Act W~S ccnfimed bj mi absolute majority of tlic whole number of the 'Cowes Goiincil at a farther special meeting of that council held in pursuaiice of a similar notice by ihat council on tlie twelfth clay of Febriiary one thousand nine huncli~ed and one being not less than fourteen days after the deposit of thc Bill in Parliament : And m-licrcas the owiiers ancl ratepayers of tlie district of Cowes by rcsolutioii in the niniiner provided in the Third Scliedule to the Public IIealtli Aut IS75 haw coiisentecl to the promotion of tlie Bill For this Act : And whereas an absolute majority of the whole number of the Bast Cowes Council at a meeting held by that council on the eleventh clay of December one thousand nine hundred after ten dear days' iioticc by public advertisement 01 such meeting aid of tllc pqme thereof in the Isle of Wiglit Herald a local newsimper circuhtiiig in the district of tlic East Cowes Council such notice being in adclit iou to the ordinary notices required for summoning such meeting resolved that tlic cxpensc in relation to promoting the Bill for this Act slioulcl as to one-half thereof be cllargecl on the general clisti*ict rate of East COTIW : Ancl wlicreas such resolution was published twice in the said Ish of Wiglit IIc~alcl aid has received tlie approval OF the Local Government Board : ilild whereas tho propriety of the promotion of the Bill foy this Act mw! confirmed by an absolute majority of the whole number of the Xast COTVCS Council at a further special meeting of that council __ 2 Cowes Fewy Act, 1901. [Ch. Ixxxviii.] held in pursuance of a similar notice on the twelfth day of February AD. 1901. om thoiisand nine hundred aiid one being iiot less t!lan foartecn clays after the deposit of the Bill for this Act in Parliament: Aiid wlier~ns tlic owiici~ mitl mtepyers of tlie district of East Con-es by resolution in ilic inaniier proviclecl in thc Third Schedule to the Public IIealtli Act) 1875 have consented to the promotion of tlic Bill for this Act : May it themfoi*e plcnse Your Majesty that it may be enacted and be it cnnctecl by the King`s most Bxcelleiit Majesty by and witli the aclvice ancl consent of the Lords Spiritual and Temporal aiicl Conirnoiis in this present Parliament assembled and by the authority of the same as follows (that is to say) :- __ PART I. PIIELININARY 1. This Act may be cited as the Cowes Ferry Act, 1901. Short title. 2. In this Act- xu tcrpreta- tion (` The Cowes Coniicil " means the urban district couiicil of Cowes ; 6` Tlie East Cowes Couiicil " iiieans the urban district council of East Comes ; `( The Two Couiicils " means the COTVCS Council and tlie Zast Cowes Council ; `c The ferry rights " meam the rights of lhyal Ferry across the River Meclina between the districts of the Two Councils ; 6` Tho ferry undertaking " means the ferry rights and the powers coiiPerrecl upon the Two Councils by this Act in comection therewith ; " The district funcl " and " tlie general district rate " niean respectively the district fund and tlie general district: rate of tlie district o each of the Two Couiicils. 3. This Act is cliridccl into Parts as follows :- Part I.-Preliminary. Bart lI.-Leasing of Fcrry Xights $e. Part 1.11. ---Rates . Part IV.-Financial. A2 3 Act clividcd into Parts. [Ch. Ixxxviii.1 Cowes Fewy Act, 1901. [l EDW. 7.1 A.D.1001. rernui?crate such officers aiid servants as may in their opinioii he required for such purposes and may convey passengers animals vehicles aiid goods 011 paynient of tlie tolls rates or cliarges by this Act authorisccl across the River liletlina by means of such floating bridges vesscls or boats. - Works below 1.0. The Two Clo~iiicils sliall not uncler the poivers oP this Act construct on thc shore of the so& or of any creek bay ami of the high-water mark not to be com- $ea or navigable river communicating therewith where aiirl so far mencedwith- up the same as the tide flows and reflows any work without the out consent of c:oard of' previous consent of the Board of Trade to he sigiiifiecl in writing Trade. mder the hand of one of the sccrctarics or assistant secretaries of tlie Board of Trade ancl then oiily according to such plan and uncler such restrieticns and regulations as the Board of Trade may approve of such approval being signified as last aforesaid and where aiiy such work may have heen constructed the Two Councils shall not at any time alter or extend tlie same without obtaining prcvioiisly to making aiiy such altcr,-,tion or csteiision the like consents or approvals If any such work be eoimiicnced or com- pleted contrzlry to the provisions of this scctioii the Board of Track niay slide and rcmovc the same and restorc tlie site thereof to its former coiiclition at thc costs and charges of the Two Councils and thc amount of such costs and charges shall be a dcbt clue froin the Two Councils to the Crown ;md dial1 be recoverable as a Crowii delit, or summarily. Xpccinl pro- 11. In the event of the ferry undertakiiig being worked by visioiis as to electrical power the following provisioiis sliall apply to tlic use of usc of elec- tricni IrO\v,y. elcctrical power nnder this ,4ct unless such pon'er is eutirely contained in and carried along with the floating bridges vessels or 1,oats :-- (I) The Two Couucils shall employ eithcr iusuhtcrl returns OL' uninsnlatcd mctallic returns of low resistance : (2) Thc Tmo Councils shall take all reasonable precantions iii con struuting placing and ninintniiiing their ekctric lines and circuits and other ~vorks of all clescriptioiis aid also in working the ferry undertaking so as not iiijuriously to affect by fusioi~ or electrolytic action my gas or water pipes or other metallic ~ipes structures or substances CY to int9rfcJre with the working of any wire line or apparatus froin time to tiiiic used for tlie purposc of transmitting electrical pwer or of telcgrapiiic tc!q)honic or clcctrical sigcalliiig coil] niunicntioii or thc currents in sncli wire line or apl~aratns : 6 [l EDW. 7.1 Cowes Fewy Act, 1901. [Ch. Ixxxviii.] (3) The electrical power shall be used only in wccordaiiee with A.D. 1901 the regulations to bc prescribed hy the Board of Trade (lierciu- after referred to as '` the Board of Tr;tcle regnlntions ") and in such regulations provision shall be made for pi*eventing fusion or injurious electrolytic action of or on gas or water pipes or other metallic pipes structures OP suhstances and for minimising as fr2r as is reasonably practicable injurious iiiterEereiicc with the eiectric wires lines and apparatus of other parties and tho currents therein mhetlzer such lines d9 or do not usc thc earth as a return : (4) The Two Councils sliall be deeiiicd to take all reasonahlo precautions against interference with tlie working of any wire line 011 apparatus if and so long as...

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