Londonderry Port and Harbour Act 1882

JurisdictionUK Non-devolved
Citation1882 c. cxlii
[45 & 46 VICT.] Londonderry Port and Earbour [Ch. CXlii.]
Act, 1882.
CHAPTER cxlii.
An Act for empowering the Londonderry Port and Harbour
Commissioners to construct quays and other works ; for
conferring further powers on those Commissioners, and for
other purposes. [24th July 1882.]
HEREAS by the Londonden-y Port and Harbour Act, 1854
17 & 18
(in this Act called " the Act of 1854
the Londonderry Port Cl
and Harbour Commissioners (in this Act called " the Commis-
sioners "), were incorporated and were authorised to levy rates and
execute the several works in that Act mentioned :
And whereas by the Londonderry Port and Harbour Act, 1874
37 & 38
(in. this Act called " the Act of 1874"), further powers were con- c- xhx"
f erred upon the Commissioners, and they were authorised to make
and maintain the quays, embankment, training wall and other
works in that Act mentioned :
And whereas the Commissioners have constructed the quay on
the northern shore of the River Poyle, in extension of the existing
and the fence by the Act of 1874 authorised, and are carry-
ing out the dredging and deejiening of the channel of Lough
by that Act authorised :
And whereas the period for the completion of the works (other
than the dredging and deepening works) by the Act of 1874 au-
thorised has expired, and the Commissioners have been advised to
abandon the construction of the training wall by that Act authorised,
and also that the objects of and the accommodation intended to bo
afforded by the remaining unexecuted works by that Act authorised
would be more effectually attained and provided by the construc-
tion of the more extensive works by this Act authorised, and it is
expedient therefore that the Commissioners should be authorised
to abandon the said training wall, and in substitution for the said
remaining works by the Act of 1874 authorised (other than the
[Local.-* 42.] A 1
CXlii.] Londonderry Port and Harbour [45 & 46 VICT.]
Act, 1882.
dredging and deepening works) to make and maintain the quays
and works by this Act authorised :
And whereas the pier, situate in Lough Eoyle, at Carrickarory,
in the townland of Carrownaff, in the parish of Upper Moville, and
barony of Ennishowen, in the county of Donegal, was formerly
vested in the grand jury of the county of Donegal, and was by
them in the year one thousand eight hundred and sixty-two trans-
ferred to the Commissioners, and has been since that time repaired
and maintained by the Commissioners:
And whereas doubts have arisen as to the validity of the said
transfer, and it is expedient to confirm the said transfer and vest
the said pier and the management and maintenance thereof in the
And whereas since the passing of the Act of 1854 the borough
of Londonderry in that Act mentioned has been extended by
27 & 28
the Londonderry Improvement Act, 1864, and doubts have arisen
c'CXC1' as to the qualification of occupiers of houses and lands within such
extended area to be elected commissioners, and to vote at the
election of commissioners, and it is expedient to remove such
And whereas by the Acts of 1854 and 1874 the Commissioners
were authorised to borrow or raise by mortgage, or by the issue of
consolidated stock, the sum of two hundred and thirty thousand
pounds, and under the powers of those Acts the Commissioners have
raised, and now owe, one hundred and fifty-five thousand nine
hundred and thirty-four pounds or thereabouts, and it is expedient
that they be authorised to raise and apply for the construction of the
works by this Act authorised the residue of the said sum of two
hundred and thirty thousand pounds:
io &u Vict. And whereas by the Commissioners Clauses Act, 1847, as incor-
°'16- porated with the Act of 1854, it is amongst other things enacted
(section 9) " that any person who at any time after his appoint-
" ment or election as a commissioner shall accept or continue to hold
" any office or place of profit under the Londonderry Port and
" Harbour Act, 1854, or be concerned or participate in any manner
" in any contract or in the profit
or of any work to be
" done under the authority of the Londonderry Port and Harbour
" Act, 1854, shall thenceforth cease to be a commissioner, and his
" office shall thereupon become vacant," and (section 15) "that
" every person who shall act as a commissioner, being incapacitated
" or not duly qualified t6 act, or after having become disqualified,
" shall for every such offence be liable to a penalty of fifty pounds ":

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