Dundee Sea Wall, Esplanade and Street Act 1868

Publication Date:January 01, 1868


Dundee Sea Wall, Esplanade and Street Act 1868

(31 & 32 Vict.) c. cxii

An Act to authorize the Provost, Magistrates, and Town Council of the Royal Burgh of Dundee to construct a Sea Wall so as to enclose a Portion of the Alveus of the Frith of Tay opposite to the Burgh, and to form an Esplanade and a Road or Street on and within such Sea Wall; and for other Purposes

[13th July 1868]

VICT Cup. cxii. An Act to authorize the Provost, Magistrates, and Town Council of the Royal Burgh of Dundee to coiistruct a Sea Wall so as to enclose a Portion of the Alveus of the Frith of Tay opposite to the Burgh, and to forni an Esplanade and a Road OF Street. on and wit,hin such Sea Wall ; and for other Purposes. [13th JuZy 1868.1 'HEREAS a Portion of the Alveus of the River or Fritli of Tay opposite to the Burgh of Dundee, and now covered by the Sea at High Water, the greater Part of which is claimed by the Provost, Magistrates, and Town Council of that Burgh, might be reclaimed, embanked, and enclwed if a Bulwark OF Sea Wall were constructed extending Westward from near to the Point of the Craig Pier or Ferry Harbour of Dundee to Bzccki~zgl~mr~ Point on the Magclalen Yard or Magdalen Grema : And whereas such Land when reclaimed, embanked, and enclosed would afford valuable additional Accommodation to the Railway Companies hereinafter mentioned, and also to the Community and Inhabitants of the said Burgh, and the Bulwark or Sea Wall would greatly improve the [Local.] 17 Y Harbour 31" & 32" VICTORIA$ Cap.cxii. ~~ ~ -- L_- ___ ~- ~~ The Dundee Sea Wall, Esplanade, and Street Act, 1568. Harbour of Dumlee : And whereas certain Agreements (set forth in the Schedule hereunto annexed) have becn made ancl executed by and between the following Parties, eix., tlie Magistrates and Towu Council of Dudee and the Trustees of the ICarrbour of Dundee and thc Caledonian Railway Company, the said Magistrates and Town Council and the Caledonia~~ Railway Company, tlie Trustees of the Harbour of Dzcu,clee and the said Magistratcs and Town Council, the said Magistrates and Town Council ancl the ATortlb British Railway Company, and the Board of Trade and the Provost, JIagistrates, and Town Couiicil of Dmdec, whcreby it was, itzteie crlin, agreed that Power should be obtained by the said Provost, Magistrates, and Town Council of Dzcnclec (herein-after called " the Town Council") to construct such BLI~TV~~IZ or Sca Wall, and on the Korth or Inside ancl along the Top Xdge of tlie said Bulwarlc or Sea Wall to form a public Esplanade or public Footway for the Use of the Inhabitants of BzincZee, Fifty Feet in Width, ancl on the Nortli or Inside of such Esplanade to form a public Road or Street, also Fifty Feet in Width, to beconic Oiic of tlac ordinary public Streets of the said Town of Dzcnclee, ancl that the Portion of the snid Alveus enclosed by the said Bulwark or Sea Wall on the North or Inside of such Road or Street shonld bccome the Property of the said Railway Companies respectively in tlic Proportions and on the Terms men- .m A 31 Vict. tioned in the said respective Agreements : And whereas by (' Tlie v. clxsvi. Caledonian Eailway (2;"orfn?*shire Works) Act, ISS'i," the Cule- domiccn Railway Company were authorizcd to form an Embankment or Sea Wall Four Furlongs and One hundred ancl fifty Yards 01- thereabout in Length, commencing about Ten Chains Eastward from the IIouse in the Town of Dzcizclee called " The Vine," and termi- nating about One Chain North-westn-arc1 from Craig Pier Honse in the said Town, as shovn on the dcposited Plans referrecl to in the said Act, by which a Portion of tlic said Alveus mould have been enclosed and used by the said Company for Station Purposes, and .io cy. 31 vict. to raise Blloney for such Object : And whereas by '' Tlie ATorth Byitish Railway (General Powers) Act, 1SG7," the Zorth British Railway Company were autliorizcd to take 2nd purchase for Station Purposes the Alveus and Solum of the River or Frith of Tuy, and tlic House called Crccig Pier House, or other Propcrtp at or near Dzcnclee, as shovn on the deposited Plans referred to in the said Act (except so much of the said A~~CLIS and Solum or other Property as w-as pro- posed to be taken by the said C~Zccloizicriz Railway Company under the Authority of the said first-recited Act, and except also so much of the said Alveus or Solum and other Property as is shown upon a Plan signed by the Honourable 7TiZZinnz Ozceia Stcdey, referred to in the said second-recited Act, and is therein described as Ground on vhich the Magistrates and TOT^ Council of Dzmdee propose to form a Sea Wall, Esplanade, and Street), such Alveus or Solum authorized ~~ .__ ~- ___ . dr. 31" & 32" VICTORIAC, Cupcxii. 1559 ____ -~ The Dundee Sea Wail, Bsplanade, and Street Act, 1.868. authorized to be taken and purchased by the said iVorth Bvitisl' Rsilway Company, and the Alveus or Solum on which the Town Council propose to form a Sea Wall, Esplanade, and Street, being also Portions of the said Alveus now proposed to be enclosed : And whereas it is expedient that the Formation of the said Bulwark or Sea Wall ancl Esplanade and Road or Street should be executed by " the Town Council," the said ltailway Companies respectively con- tributing towards the Expenses thereof the Sums specified in the said Agrcements with those respective Companies, and that the Town Coiiiicil should convey and make over to the said Companies respectivcly the Portions of Land to which those Companies respec- tively are ancl will be entitled under the said Agreements : And whereas Plans and Sections of the said Land proposed bo be enclosed, Bulwark or Sea Wall, Esplanaclc, and Road or Street, showing the Lilies and Levels thereof respectiidy, and the Lands and Houses which inay be taken for the Pui*poses thereof, and Books of Reference to the Plans containing the Kames of the Owners or reputed Owners, Lessees or reputed Lessees, ancl Occupiers of such Lands and Houses, have been depositcd with the Priiicipal Sheriff Clerk of the County of Foifui., aiid tliosc Plans, Sections, and Books of Reference are in this Act referrecl to as `(the deposited Plans, Sections, and Books of Reference :" And whereas the Objects aforesaid cannot be effected without tlic Lmthoritj- of Yarliament : May it therefore please Your I\lajestr that it may bc enacted ; and be it enacted by the Queen's inost Esccllent Xajcsty, by and with the Advice and Consent of the Lords Spiritual aiicl Temporal, aid Commons, in this present Parlia- ment asseiiiblcd, and by the Authority of the same, as follows : DzclLdee Sea Wall, Esplanade, and Street ,4ct, 1868." ~- -~~__ __ _______ - 1. This Act nzay bc cited or referred to for all Purposes as (` The Short Title. 2. This Act shall come into operatio2 on the Expiration of Thirty Commence- ment of` -ivt. 3. The Provost, Magistrates, and council of the Royal Burgh of Undertakels, Days after ilie Date of its passing. Du72.dee and their Successors in Office shall be anid they are hereby appointed Unclertakers for executing and carrying into effect the ProviGons and Purposes of this Act, and are herein referred to as cc the Town Council." 4. " The Lands Clauses ConsoIidation (S%otZa~zcZ) Act, lS&" 8 & 9 Vict. (` The Lands Clauses Coilsolidation Acts Amendment Act, 1860," ;;'&";, Vict. Sections Six to Thirteen, both inclusive, of (` The IIarbours, Docks, c. 27., and Piers Clauses Act, 1847," relating to the Construction of the 23 &24Vicf- Harbour, Dock, or Pier, and Sections Ninety-seven and Ninety-eight c. 26 106.' &27 and Vict. thereof, and also Sections Thirteen, Seventeen, Eighteen, and Nine- c. 92. incur. teen of " The Railways Clauses Act, 1863," are (except where pornted. expressly 13643 31" & 32" VICTORIB, Cu~).cxii. The Dundee Sea IVall, Esplanade, and Street Act, 1868. expressly varied by this Act) incorporated with ancl form Part of this Act. ~ ~~ __ __ _ ~ _ iiittqiteta- tion '1'~ mu. (11 5. In this Act the several Words and Expressions to which Meanings are assigned by the Acts wholly or partially incorporated herewith shall, except as aforesaid, have the same respective Mean- ings, unless there be something in the Subject or Context repugnant to such Construction ; the Expression " the Undertaking " shall mean the Undertakings by this Act authorized, or any Part thereof; the Words cc the Burgh " shall mean and include the Burgh of Dztndee within the Limits described and defined in an Act passed in tlie Second and Third Years of the Reign of His late Majesty King - -1. TiZZiam the Fourth, intituled An Act to ccinend the Reiwespn- tcction ofthe People iiz Scotland, and also the ancient and extended Royalty of the said Burgh; and in construing `( The IIarbourb, Docks, and Piers Clauses Act, 1847," and " The Railways Clauses Act, 1863," the Words " Harbour, Dock, or Pier," " Work," and Railway " shall be taken to iiican the Sea Wall, Esplanade, and IVorks authorized by this Act, . & :; 1 . 6.5. I'OWC-l t6 `itkc liancl. 6. Subject to the Provisions of this Act, t'lie Town Council may, so far as necessary for the Purposes of this Act, enter upon, take, and use all or any of the Lands shown on the deposited Plans and specified in the deposited Book of Reference, and may make and maintain in the Lines and according to the Levels shown on tlie deposited Plans and Sections the Bulwark or Sea Wall, Esplanade, aid new Road or Street, with all proper Works and Conveniences connected therewith : Provided always, that nothing contained in this Act shall empower the Town Council to enter upon, take, or use any Part of the Lands, Works, or other Property belonging to or occupied by the C&cZoniun Railvay Company, or of the Alveus OF Solum or other Lands which that Company are by the first-recited Act authorized to take. ~)eacriptloii `'f lrorks- 7. The Works herein-before refcrred to and authorized by this 1. The Construction of a good, substantial, and sufficient Bulwark 01' Sea Wall extending Westward from...

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