Mersey Dock Acts Consolidation Act 1858

JurisdictionUK Non-devolved
Citation1858 c. xcii
Year1858
ANNO VICESIMO PRIMO & VICESIMO SECUNDO
VICTORIX REGINA:.
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Cap. xcii.
An Act to consolidate and amend the Provisions of
the several Acts relating to the
Liverpool
and
Birkenhead
Docks and the Port and Harbour of
Liverpool,
and for other Purposes connected
therewith.
[12th
July
1858.]
W
HEREAS by the
Mersey
Docks and Harbour Act, 1857, being
An Act for consolidating the Docks at
Liverpool
and
Birkenhead
into One Estate, and for vesting the Control and
Management of them in One Public Trust, and for other Purposes,
the
Mersey
Docks and Harbour Board were incorporated for the Purposes
therein mentioned : And whereas by the said Act it is enacted, that " the
" Board shall, in the ensuing Session, prosecute a Bill in Parliament for
" consolidating the several Acts specified in the Schedule hereto, and for
" obtaining any additional Powers that may be necessary or expedient
" for carrying into effect the Purposes of this Act, and for revising and
" regulating the Rates and Charges to be levied upon all Vessels, Goods,
" Merchandise, and other Articles now liable or hereafter liable to the
" same :" And whereas the Acts specified in the said Schedule are the
same Acts as are specified in Schedule (A.) annexed to this Act : And
whereas by the Acts mentioned in the First Part of the said Schedule (A.),
[Local.]
15
G
or
20 & 21 Viet,
c. clxii.
1314
21° & 22° VICTORLE,
Cap.xcii.
The Mersey Dock Acts Consolidation Act,
1858.
or some of them, Powers were given to the Trustees of the
Liverpool
Docks to raise by way of Loan various Sums of Money, amounting in the
whole to the Sum of Six millions One hundred and thirty-four thou-
sand Pounds for the Construction of the Works authorized by and for
other the Purposes of such Acts, the whole of which Sum has been
actually borrowed by the Trustees: And whereas by the
Mersey
Docks
and Harbour Act, 1857, the Board were authorized, in addition to any
Powers acquired by them under the Acts specified in the Schedule
thereto, to borrow at Interest any Sum or Sums of Money required for
the Completion of the
Birkenhead
Docks and Works, or for other the
Purposes specially provided for by that Act, but for no other Purpose
whatever: And whereas it is expedient that the Board should be autho-
rized to borrow a further Sum of Money to be applied in the Manner
and for the Purposes herein-after mentioned : And whereas it is expedient
to alter and amend some of the Provisions contained in the
Mersey
Docks
G. 4.
c. lxxiii.
and Harbour Act, 1857: And whereas it is expedient to repeal an Act
passed in the Fifth Year of the Reign of His late Majesty King
George
the Fourth, Chapter Seventy-three, and intituled
An Act for the better
Regulation and Encouragement of Pilots for the conducting of Ships and
Vessels into and out of the Port of
Liverpool, herein-after called "The
Liverpool
Pilotage Act," and to vest in the Board such Powers as may
be necessary in relation to Pilotage of Vessels into and out of the Port
of Liverpool,
and the Regulation of Pilots : May it therefore please Your
Majesty that it may be enacted; and 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, as follows ; (that is to
say,)
Preliminary Enactments.
Commence-
I.
This Act shall commence and come into operation on the First
ment of Act.
Day
of January
One thousand eight hundred and fifty-nine, except as to
such Portions thereof as are herein-after directed to commence and come
into operation at some other Period of Time.
Short Title.
II. In citing this Act in other Acts of Parliament, and in legal
Instrumetits, it shall be sufficient to use the Expression " The
Mersey
Dock Acts Consolidation Act, 1858."
'interpreta-
tion of Terms
in this Act.
III. In the Construction of this Act the following Words and
Expressions shall have the several Meanings hereby assigned to
them,
unless there be something in the Subject or Context repugnant to such
Construction :
" The Board" shall mean the
Mersey
Docks and Harbour Board
established by The
Mersey
Docks and Harbour Act, 1857 :
" The
21° & 22° VICTORLE, Cap.xcii.
1315
The Mersey Dock Acts Consolidation Act,
1858.
" The Audit Commissioners " shall mean the Commissioners for
auditing the Accounts of the
Mersey
Docks and Harbour Board :
" The Corporation" shall mean the Mayor, Aldermen, and Burgesses
of the Borough of
Liverpool :
"
The
Liverpool
Dock Trustees " shall mean the Body Corporate
mentioned or referred to in any of the Acts hereby repealed as the
Trustees of the
Liverpool
Docks :
" The
Liverpool
Dock Committee" shall mean the Body called or
referred to in any of the Acts hereby repealed as the Committee
for the Affairs of the Estate of the Trustees of the
Live7ool
Docks :
" The Conservancy Commissioners" shall mean the Commissioners for
the Conservancy of the River
Mersey
acting under the Authority of
the Local and Personal Act 5 and 6 Victoria, Chapter 110 :
" The Mayor" shall mean the Mayor for the Time being of the
Borough of
Liverpool :
"
The Council " shall mean the Council of the Borough of
Liverpool:
"
The Borough " shall mean the Borough of
Liverpool
as the same
may for the Time being exist for municipal Purposes :
" The Township of
Birkenhead"
shall mean the Chapelry or Township
of
Birkenhead
in the County of
Chester:
"
The Port of
Liverpool"
shall mean the Port of
Liverpool as
existing
at the Time of the passing of this Act :
" The County " shall mean the County Palatine of
Lancaster,
or, as
the Case may require, the County of
Chester:
The Sheriff" shall mean the Sheriff of the County Palatine of
Lancaster,
or, as the Case may require, the Sheriff of the County of
Chester,
and shall include his Under Sheriff, or other legally com-
petent Deputy:
The Word " Justice" shall mean any Justice of the Peace having
Authority either under this Act or otherwise to act in or for
the Place where the Matter requiring the Cognizance of such
Justice arises, and where such Matter arises in respect of Lands
situate not wholly in any One Jurisdiction shall mean a Justice
having such Authority as aforesaid to act in or for the Place where
any Part of such Lands shall be situate; and when any Matter
shall be authorized or required to be done by or before Two
Justices, the Expression " Two Justices" shall be understood to
mean Two Justices met and acting together, or One Stipendiary
Magistrate :
The Expression " Superior Courts" shall mean Her Majesty's Superior
Courts of Record' at
Westminster,
and the Court of Common Pleas
of the County Palatine of
Lancaster :
The, Expression " the Lords of the Admiralty" shall
.
mean the Lord
High Admiral of the United Kingdom of
Great Britain
and
Ireland,

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