Pier and Harbour Orders Confirmation (No.1) Act 1900
| Jurisdiction | UK Non-devolved |
163
&
64
V1CT.I
Pier
and
Harbour
OTde9.s
[Ch.
lx.]
ConJirmation
(No.
1)
Act,
1900.
CHAPTER
Ix.
An
Act
to
confirm certain Provisional Orders made
by
the
A.D.
iwo.
-
Board
of
Trade under the General Pier and Harbour
Act
1861
relating
to
Eastbourne Ilfracombe Lowestoft
and Portessie.
[loth
July
1900.1
HEKEAS
a,
Provisional Order made
by
the
Board
of
Trade
validity
or
force whatever until the confirmation thereof
by
Act of
'.
45.
Parliament
:
And whereas
it
is expedient that the several Provisional Orders
made by the Board
of
Trade under the said Act
and
set
oui
in the
schedule
to
this Act be confirmed by Act
of
Parliament
:
Be
it
therefore enacted
by
the Queen's most Excellent Majesty
by
and with the advice and consent
oE
the
Lords
Spiritual and
Temporal and
Commons
in this present Parliament assembled
and by the authority of the same as follows
:-
this Act shall be and the same arc hereby confirmed and
all
the
schedule.
provisions thereof
in
manner and
form
as
they
are
set out in the
said schedule shall
from
and after the passing
of
chis
Act have full
Yalidity and force.
is not
of
any
24
&
25
Vict.
1.
The several Orders
as
amended and set) out in the schedule to
C'oniirmaticn
of
Orders
in
2.
The Undertakers nirntioned iii the said Orders shall not under
Special
pro-
Fisions
as
to
the powers
of
this Act
or
of
the
said
Orders purchase
or
acquire
houses
of
in
any city borough
cr
other urban district
or
in any parish
or
labouring
mart
of
a
parish not being within an urban district in England
or
in any district in Scotland within the meaning
of
the Public
Health (Scotland) Act
1997
as
tht:
case may be ten
or
more houses
which after the passing
of
this Act have been
or
on the fifteenth
day
of
December last
%ere
occupied either wholly
or
part
5y
persons belonging to the labouring class
as
tenants
or
lodgers
If
[PYice
3s.l
A
1
[Ch.
lx.]
Pier
a
?id
lEi
rCozc
1'
Orders
Con&
mation
(No.
1)
Act,
1900.
[63
&
64
VICT.]'
A.D.
1000.
any
Undertakers acquire
or
appropriate any house
or
houses
under
the
powers
of
this Act or
of
the
said
Orders
in contravention
of
the foregoing provision
they
shall
be liable
to
a
penalty of
five
hundred pounds in respect
of
every such house whicli penalty shall
be
recoverable bp the
Local
Government
Board
by
action in the
High
Court
or
by
the
Secretary
for
Scotland by action in the
Court
of
Session
as
tlie
case may
he
aiid
shall
be
carried
to
and
form
part
of
the Coiisolidatscl
Fund
of
th;.:
Gnited
Kiiigclom Providecl
tlmt
the
couvt
may
if it think
fi%
reduce such penalty.
For
the
purposes
of
this
sectiou
the
expwssion
cc
labouring
class
"
incincles mechanics artizans labourers
ancl
othcrs
working
for
wages
lizlmkcrs
costermongers persons
:lot
working
for
wages
hit
.or-orking
at some trade
01'
linndicraft vithout employing
others
nxcept meiiibers
of
thcir
family
and
persons other than
doniestic servants whose income
does
not exceed
aii
average
of
l\ho
may
be residing
with
them
The
expression
''
house
"
nieaiis
any
house
or
part
of
a
house
occupied
8s
a
separate dwelling.
3.
This Act
may
be cited as
the
Pier
and
Ihrbour Orders
Confirmation
(No.
1)
Act 1900.
-
xliirty sliillings
a
~eelr
and
tlie families
of
any
of
such
pe-
lS0llS
')"
THE
SCHEDULE
OF
ORDERS.
1.
EAs'l'novi:Ni~.-\~'iCenin~
and
extension
Gf
existing
pier.
2.
Ir.m~coarw.--Con~trucLion
of
pier
and
amendment
of
former
Orders.
Y.
LowI.:smm.--Constniction
of
pier.
4.
Ponmssri:.-
-Construction
of
harbom..
2
[63
&
64
VICT.]
Pier
a7td
Harbou.r*
Orders
[Ch.
lx.]
Com$mation,
(No.
lj
Act,
1900.
S
CIIEDULE.
A.D.
1900..
-
EA.STBOURNF1
PIER.
Yrovisioizal
Om?ey
fof*
ccrctlzorisiiig
the
Ecistfiowihe
Picl-
Compciq
Ec&bollrnc,
Limited
to
widen
ami
extcird
theii-
Pie10
ancl
for
othw
pulposes
corhnectecl
therewith.
Yrelillzilmly.
I,--(l.)
This
Order
may
be cited
as
the Ihstbourne Pier Order
1900
and
Short
title*mh
shall
be construed as bne with
the
Eastbourne Pier Order
1864
(in
this Order
ir‘terp*etati‘’ll‘
referred to as “the Order
of
1SGi”)
and the Eastbourne Pier Arnendrncnt
Order
1865
(in this Order referred to
as
“
the Order
of
1865
”)
iind
those Orders
and
this
Order may be cited together
as
the Eastbourne Pier Orders
1564
to
1900.
(2.)
This Order shall come into force upon the
day
when the Act confirming
this Order is passed and that
day
is in this Order refericd
to
as
the commencement
of
this Order.
(3.)
In this OrJer unless
the
context otherwise requires-
The expression
“
the Company
”
means the Eastbourne
Pier
Company
The expression “the Corporation
”
means tlw
Mayor
Aldermen and
The expression
“
existing
”
means existing on the commencement
of
this
Limited
;
Burgesses uf
the
Borough
of
Eastbourne
:
Order.
Uudcrtakers.
2.
The Eastbourne Pier Company Limited shall be the Undetiakers
for
Udm
trkers
carrying this Order
into
execvtion.
Limits.
the Company shall have authority
and
which shall
be
dceiiied the limits to
which this Order the Order
of
186%
and the Order
of
1865
for all purposes
extend shall comprise
rhe
existing pier and
rrorl
and the works authorised
by
this Order and the area below high water mark within a distance
of
one
hundred yards measured in
any
direction fmn the seaward end for the time
being
of
the pier and
works
of
the Company.
3.
Subject to the
provisions
of this Clrdcr
as
to rates the limits within nhich
~in,it*.
WorRs
ant1
PoiccrJ.
4.
The
Lands
Clauses Acts
(except
so
niuch
tl;rrr>of
ns
ielates
to
the purchase
rncorpor~~llon
and taking
of
lands otherwise thaa
by
agrcetnent :tnd
to
the entry
upon
lands
bJ7 $c~~~~~c:s.
the Promoters
of
the undertaking) are incorporated with and
form
part
of
this
Order.
5.
For
the piirposes
of
the
woiBs authoriscd by this Order the Company
may
Pcifer
to
acquire
ad&-
by
agreement eliter on take and use such
of
the
lands
shown
on
the plans
tionallandsby
A2
3
agreement.
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
&
64
VICT.]
ConJirmation
(NO.
1)
Act,
1900.
AD.
1900.
deposited for the purposes of this Order as they may think requisite for the
purposes of those works.
Eastboio.ne.
.
Power
to
6.
When the Company have obtained in manner provided by this Order the
ewcate works.
approval
of
the Corporation
to
the plans sections
an3
elevations
of
their
-
Ijescription
of
works
ilii
thorised.
r\ccomnio
Ti-
tion
TVJC~S.
Power.;
of
devinrian.
Penaity
for
obstructing
works.
proposed works they may subject to the provisions
of
this Order and subject
also
to such alterations (if any) in the plans and sections deposited with
reference to this Order
as
the Board of Trade require before the completion
of
the works
in
order to prevent injury to navigation
in
t,he lines and according
to
the levels shown on the deposited plans and sections
(so
far
as
the same
are s!iown thereon) and within the limits of deviation shown on those plans
construct
and
maintain the works authorised by this Order.
7.
The works authorised by this Order coniprise the following works with
all necessary convenioiices connected therewith
:--
(I)
A
widening of the existing pior of the Company at Eastbourne on both
sides thereof romrnencing at
a
point forty-eight feet or thereabouts from
the shore
end
of that pier and terminating at
a
point
four
hundred
and
eighty-eight feet or thereabouts from such shore
end
;
(2)
A
widening
and
extension of'the said existing pier on both sides thereof
commencing
at a
point seven hundred feet or thereabouts from the said
shore end thereof and terminating at
or
near the termination of the
said existing pier
;
(3)
An extension and enlargement of the eaisting lancting stage at the
termination
of the said pier
:
The
works
will
tie
open
works
a.nd will
Se
situate in the parish and borough
of
Eastbourne in the county
of'
Sussex and on the foreshore and bell of the
sea
adjoining or near thereto.
8.
'l'he
Conipnnv
may
in conncsion with tlw w~lrs authorised by this Order
and
their existing pier and works construct
and
provide
all
such
landing stages
landing placces roads approaches engine houses sheds toll houses st.eam engines
steam
vessels cranes hydraulic, lifts
buoys
moorings and other buildings erections
machinery appliaiiccs works and conveniences
as
they
may
deem necessary or
proper.
9.
The
Company
in constructing the wrks authorised by this Order may
with the consent
in
n-riting
of
the
Board
of Trade deviate laterally to any extent
within the limits
of
deviation shown
on
tho deposited plans and vertically
to
any
extent approved by
the
13oar.d
of
Trade.
10.
If
any person wilfully obstructs any person acting under
the
authority of
t1i.j
Company in setting out the lines
of
the works authorised
by
this Ordel.
or
pulls up or removes
:uiy
p~l~
or.
stake; driven into the ground for the
purpose
of
setting out
the
lines
of
those works
or
defaces or destroys those
works or
any
part thereof that person shall for each
ofience
bc
liable to
a
penalty
not exceeding
five
pounds.
~~,~~~~~l
by
11.--(1.)
'The
plans
cleiati
);is
and sections Shown in the uorkiiig drawings of
Cor~'or"tion(lf
tile
~whs
tinthorised by this Order submitted to
the
Board
of
Trade
must be
approved by
the
Cor2or-ttion and for that purpm the Company sball submit
those plans ele\
stions
aad
Eect,ions
LO
the
Corporation but this proiision shall
not prevent
the
Board of
'I'rade
altering any plans elevations
and
sections
so
approved vhen submitted
to
tliem
if'
tiley thirik
fit.
pinns
of
pier
4!
(63
&
64
VICT.]
Pier
ad
Barbout-
Orders
[Ch.
lx.]
Confil*mation
(No.
1)
Act,
1900.
(2.)
The
Company shall construct the works authorised
by
this Order ill
A.D.
1900.
accordance with
the
plans elevations and
sections
so
approved
subject
to
any
--
Eastbozcnte.
alterations made by.tl:e
Board
of
Trade aud shall not alter these works otherwise
than in accordance n+,h
plans
elevations mid sections
so
approved and
if
the
Company act in contrCivention
of
this provision with
regard
to any work
the
Corporation
may
remove the
work
and restore
the
site
of
it
to
it's former condition
and may recover
the
expensc incurred
by
them in doing
so
from
the Company.
(3.)
'The approval
of
the Corporation under this section sliall not be unreasonably
withheld and
if
any
question arises whether the approval is unreasonably. withheld
that qwstion shall
be
referred
to
arbitration under this Order.
aut'horised by this Order are
not
suhtaiitially
cointnenccd
the powers given by
~~~~~s~
certnill
this
Order
for
executing tliose
morks
er otliern.ise in relation thereto shall cease
unless
the
time
for
conirneiiceinent
is
extendecl by the special direction
of
the
Board
of
Tide.
(2.)
If
thore
works
after having
been
substantially cominenced are virtually
suspended for twelve consecutive months the powers given
by
this Order
for
executing
those
works
or
otherwise in rciation thereto shall
cease
except as
to
so
mucl1
oft,iiose
morks
as
are
then
completed uihs
those
porers
are by the
spccial direction of the Ijoard of Trade continued and directed to remain in
force
fbr
:my period not exceeding five
years
froin
the corniiiencenient.
of
this
Order.
(3.)
In
either of the above cases a certificate from the Board
of
Trade
to
the
effect that the works have
not
been substantially cornmeaced
or
that they have
been yirtuslly swpended for twelve consecutive
mciitlis
slid1
for
tlie
purposes
of'
this
Orclcr
be
conclusive evidexe
of'
the
facts
stated
in
that certificate.
12.-(1.)
If
witliin two
years
from
the commencement of this Order the works
Powers
to
13.
W'orks
authorised
by
this Order below high-water
mark
shall
sot
bc
Consent
of
Board
OF
'Yrde
high-vater
mnrk.
coirimenced without the consent in writing
of'
the Boarcl
of
Trade
auci
dial1 be
to
worlts
14.---(1.)
The
Con?pany niay coiistruct and inaintain
on
the esisting pier and
Polver
to
the
n.o~l;s
:jiithorised
by
this
Order
pavilions
Faioons
assembly concert lecture
antI
other
waiting reading refreshment, and other
TOOXIS
shops bazaars lavatories bath
~iui~(~ings.
dioEting galleries and other buildings
and
conveniences
and
may furnish stock
and
equip them and
rnay
mal;e
such
reasonable charges for the
use
thereof or
nclmission thereto
as
they think
fit
aid
may
let
them
or
any
of
them for such
priotl
lint
exceeding scveii
years
and
upon
iuch
tci'nis
and
conditions as they
thi:iB
fit.
(2.)
The Coinpany
inay
at,
any time
and
as
aiid
mtien
they
think
pi-oper
close
:my
of the 1ia;vilicns rooms
and
oiher
buildiiigs constructed under this section to
the general public.
(3.)
The construction
of
any
buildiiigs
under
tlh
section (other than buildings
shijwn
011
the plans approved
bj
the
Corporatiou)
shall
Le
sub-ject
to the apprnval
of the Cnrporatien
hut
that approval shall
not
be unreasonably witltheld and if'
any
question arises vhether it is unreasonably
11
ithlield
that question shall be
referred to arbit)ration under this
01
der.
15.
'i'he
Company in connexion
mith
the works
authori&d
l~y
this
Oder
and
I'o~ver
to
wihiii ithe limits to which this
Orclrr
cxtcnds
may
dredge scour deepen
alier
drr'dpe
'',
esecuted
.only
in manner approred by
the
Board
of
Tr:Lde.
paTilions
A3
LJ
AD
1900.
Glstbntrl*ne.
wnc
,lnn~,led
and iinprove the entrances and channels to the morlrs and the approaches works
and conveniences connected tllerett ith.
16.
A vessel or bcat
sliall
not anchor within the limits to uhich this
Order
extends without the consent
of
the Company or their
piel
master.
I
not
to
17.
A
vessel
or
boat shall not be moored alongside the pier vithout the consent
;~~\~~~~~;~‘e
of
of the Company or their pier master.
’iidc
slu4c
kc
Eon\cllt.
18.
Sections eighteen and nineteen
of
tlie Harbouls Doclrs and Piers Clauses
Act
1847
shall not be incorporated with this Order and shall
be
deefiied
not
to
have been incorporated with the Orders of
1861
and
1865
but the Company
shall permit the Corporation
?o
place and inaiiitain upon the pier or
works
of
the Company a tide gauge barometer and other meteorological instruments
and
to have access thereto nithout payment
of
rates.
I:citllctml
011
tile
p::lclng
of
~~1\(~rtiwments.
permit to be placed--
19.
The Company shall not without the consent of the Corporation place or
(1)
any advertisement
on
any part
of
the outer sides of the pier in such a
position that it can be seen from any part
of
the foreshore or the parades
of
the borough
of
Eastbourne
;
or
(2)
any advertisement at the entrance to the pier other than advertisements
relating to entertainments
on
the pier steamboat sailings or other matters
coiiiiected with the busincss
of
the Company
;
or
(3)
any advertisement
on
the
roof
of
the kiosk5 at the entrance to the pier.
Bntes.
20.
Subject
to
tlie provisions of this Order the works
by
this Order authoriscd
shall for the purpose of the rates which
inay
be demanded and received
by
the
Company
ailcl
for all otlicr purposes
?x
deemed part
of
the Undertaking of the
Company under the Orders of
1864
and
1865
but
the
Company shall not under
the powers
of
the Orders
of
1SG4
or
18G6
or this Order demand or receive
any
rates
in
respect
of any
vessel or boat nliich
does
not actually use the pier
or
work
of
the Company.
21.--(
1.)
The
Company may on any occasions which they deem special but
not exceeding twelve
days
in
any
one year
or
for more than three days
consecutively clcse the pier against the public and
inay
if
they think
fit
on
those occasions admit
aiiJ
persons to the pier
on
payment of such special ratcs
of
admission
not
exceeding one shilling for
each
person as the Company may
think
fit.
(2.)
‘I‘he Company shall
on
any such uccasion reserve
a
sufficient passake
along
the pier for any persons landing or en1b:ukiiig at the pier and that reserved
passape shall be open
for
use
Ly
those persons at the ordinary charge and without
payment
of
any special rates
so
loag only as they use the pier
as
a
passage
and
do
nut remain
itpon
it.
22.
The
Company inay confer
vafy
or extinguish exemptions from
and
enter
into compositiond with
an7
persons with respect to the payment
of
any rates an3
charges authorised by thc Order
of
1864
and may confer vary or extinguish
by
agreement aI1 other
righth
and prikileges but
SO
that
no
preference
be
in any
case given to any person and that anything done under this section shall riot
prejudice the other provisioiie
of
the Order
of
1864
or
this
Order.
[’oner
to
t1o.e
gicr
nil
ipecint
acc:t*ioii,
bc.
i’olTer
to
vary
exemptions
from
rates
and
to
enter
into
colnporitioni
sc,
6
[63
&
64
VICT.]
Pie~
and
Harbour
0dei.s
[Ch.
lx.]
Coq2-Jimation
(No.
1)
Act,
1900.
A.7).
1900.
23.
Officers
of
the police and officers of the Corporation being in the execution
EuStb0'O''2e~
--
Police
.of their duty shall at all times have free ingress passage and egress to
or
along
officers
kc,
mi:!
on and from the pier and
works
of
the Company by laud and
with
their
cxe~tfrol:~
\-essels and otherwise withmt payment.
i'reaties exist exemptlng
from
clues and
port
charges thosc vessels when forced
i:rTbeJX?cr
by
stress of weather to seek shelter in the ports or on the coasts of the United
weatlier
Kingdom shall when
fcrced
by
stress
of
weather to
make
use
of
the pier
or
works
:ifz,pt
of the Company
arid
not breaking bulk while
rnd
use thereof' be exempt
from rates le~-in\)le
by
the Company.
for
saving
life
and being persons either bulongi~ig to
tlie
crew
of
the
lifeboat
or
rater,
to
the coastguard
or
being persons for the time being :Lct,ually employed in
saving life or in csercising
or
using the lifeboat or the apparatus for saving life
and also all persons brought ashore from any vessel in distress shall at all times
have free ingress passage and
egress
to or along and on and from the pier
and
works
without pay~ent.
rates.
21.
Fishing vessels be1ongin.y
to
muntriw with which for the
time
being
Certain
fisliing
25.
All persons going to
or
ret,urning from any lifeboat
or
using any
apparatus
rife'mt
CKW-
exempt
froiil
Byelaws.
y(j.-(
1.)
The Company
may
inalic byelaws
for
the
regulation and control of
PO~W
to
111~:~~~
vessels
and
boats to take effect within t,he limits to which this Order
and
also
for
the regulation and control
of
persons embarking diseitibarl
[requenting
or
resorting to
cir
employed at the pier approaches and other
works.
(2.)
?'he
bydaws may provide for imposing
a
pcndty
not exceeding forty
shilliiigs in any
case
for the breach
or
non-oOservance
of'
any byelaw.
(3.)
,4
byelaw under this section shali not come into operation until it has
received the allowance and confirniation of the Board of Trade and that
:il!owance and confirmation shall
be
sufficient
for
all purposes.
(4.)
For the purpose
of
giving the Corporation an opportunity
of
making
representations to the Bcard of Trade with regard
to
any
proposed
byeiaw
under this section
the
Company shall before submitting any such proposed
byelaw
Lo
the Board of Trade send
a
capy
of it
to
the
Corporation.
extends
hyclnm'*
J,
ife-savin9
A1111
ara
tu
s.
27.-(1.)
Sections
16
and
17
of
the Harba~ir~
Doclis
and Piers Clauses
Act
1847
Proviyion ot
shall not be incorporated wit11 this Oraer and
shall
be
deemcd not to have been
~~p~~O!"d"-
incorporated with tlie Orders
of
1564
and
1865
but the Coinpany shdl whenever
iil'cbont
ch.
if
required
by
the
Board
of
Trade provide at their own expense
and
to
the
r'q''ir"ci.
satisfaction of the
Jhrd
of Trade
a
site near the pier and build
011
that
site
a
housc and cther proper accommoclation
for
a lifeboat
rodtet
apparatus and
other life-saving appratus.
(2.)
If the Company fail
to
comply wit,h this section they shall be liable to
a
penalty not exceeding ten pounds for every month during which the failure
continues.
'2s.
'I'hc
oiFicers
of
tlie coastguard and al! ctlie: persons for the time being
IifL-sav
~,g
actually employed in connexion with any lifeboat
or
any apparatus
for
saving life
~~~~~~~'~~~
may either permanently
or
temporarily and without payment attach
or
cause
per.
to
be
attached
to
any part
of'
the pier or
work?
of
the Company
spars
and other
A4
7
A.D.
1900.
Bast
bourne.
Life-buoys
to
be
kept.
-
As
to
lights
dnring
cou-
struction
of
works.
As
to
lights
after
comple-
tion
of
works.
Moviaiou
against
danger
to
navigatiou,
ltecovery
of
penalties.
.Arbitration.
Extension
of
27.
(6%
28
99)
to
all
Government
Department
S.
[Ch.
lx.]
Piey
and
Hadow
0Ydel.s
[63 &
64
VICT.J
Coqfimatioiz
(No.
1)
Act,
1900.
apparatus for saving life and may
also
either in course
of
using or of exercising
any
apparatus
for
saving
life fire rockets over the pier or works
29.
The Company shall at all times
keep
at the outer extremity
of
the
pier life buoys and life
lines
in good
order
and
fit and rsady for use.
Lights.
30.-(1.)
Before commencing the works authorised by this Order
the
Company shall apply
to
the Board of Trade for directions ai
to
the lights
to
be
exhibited and shall in
all
respects obey any direction given upnn that application
or afterwards given as to lights by the Board of Trade during tlie construction
of the works aid compliance with the directions
so
given shall satisfy and
be
ii)
place
of
every
other statutory requirement
as
to
lights during the construction
of
tho
works.
(2.)
The Coinpany shall
be
liable to
a
penalty not
exceeding
ten pounds
for
every day during which they omit
so
to apply
or
refuse
or
npglect
to
observe
any such direction.
31
.-(I.)
After completion or permanent discontinuance or abandnnnient
of
the
works authorised by this Order the Cornpany shail at the outer extremity
of the pier and works
or
the conipleted portions thereof or in such other places
as may
be
required exhibit for all or any part of the time from sunset
to
sunrise
and according to
the
requirements of the traffic and the season
of
the year such
lights (if any)
as
may be directed by the Corporation
of
Trinity
I
rouse
Deptford
Strond and shall
apply
to that Corporation for directions as
to
lighting.
(2.)
The Company
shall
bs
liahle to
a
penaltg not exceeding ten pounds
for every day during which they omit
so
to
apply or refuse
or
neglect
to
obey
any such directions.
32.-(:.)
In case
of
iujury
to
or
destruction or decay of the norks authorised
by
this Order
or
any part thereof' the Ccimpany shall lay down sucli buoys
exhibit such lights or take such other means for preventing
(as
far
as
may
be) danger
to
naiigation as are directed by the Corporation of Trinity House
Deptf'ord Strond and shall apply to
that
Corporation for directions
as
to
the
means to be taken.
(2.)
The Company shall
be
liable
to
a penalty not exceeding
ten
pounds
for every day during which they omit
so
to apply or refuse or neglect
to
obey
any such directions.
illisccllnneou,~.
33.
All
pcnalties shall be recovered and applied as pecalties are recoverable
and applicable under the
I-Jarboiirs
Docks and Piera Clauses Act
1847
and
for
all
the
purposes
of
that Act this Order shall
be
deemed the special Act.
34.
Any question which under this Order
is
to be referred to arbitration sha11
be
referred
to
and
determined
by
a single xbitrator appoizted by the Board
of
Trade.
35.
Sections twenty-eight and ninety-nine
of
the
Harbours
Doclis and Piers
Clauses Act
1847
as
incorporated with this Order and the Orders of
1864
and
1865
shall apply to aiid
for
the benefit of any Government Department in the
same manner
as
they apply to and for
the
benefit
of
the
Government
Departments specially named in those sections.
8
[63 & 64
VICT.]
Piey
and
ITaybour
+
Orders
co??$~mccliort
(No.
1)
Act,
1900.
[Ch.
lx.]
36.
This
Order shall not bc taken
as
a
consent to the surrender
of
any
rights
A.D.
1900.
interests powers authorities or privileges transferred to the management
of
the
-
.Eastbclurrte.
Board
of
Trade
by
the Crown Lands Act
IS66
nor shall any works under this
8aviug
rifihts
Order
be
commenced mithig limits atTected by :my such rights interests powers
under
C~OW
authorities
or
privileqcs without the assent of the
Iioard
of
Trade having been
f:tp
Act
first ohtai
aect.
37.
This Order
or
anything herein contained shall
not
authoiise the CiJmpany
Saving
rights
to
take
gr
in
any
manner
interfere with any iands
or
hereditaments or any right
Of
the
Cron.n*
of
whatever description belonging
to
the
que en'^
most Excellent
Majes:y
in
right
af
Her
Crowi an,l under the management
of
the
Comniissioners
of
Woods
without
the
convent
in
writing
of
the Commissioners
of
Woods
OD
tiehdf
of
Her
Majesty having been first obtained (which consent such Corxmissioners are hereby
authwised to give) neither shall anything in this Order contained extend to
take away prqjudice diminish or alter any
of
the estates rights privileges
powers
or
aulhorities vested in or enjoyed or exercisable
hy
the Qrieen’s
Majesty.
or offences arising
or
committed thereon or within the limits to which this Order
~~i~~~~~~d
extends requiring the cognisance
of’
any
justice
of
the peace
be
deemrd
and
parish
of
taken
to
be within or
xs
forming part
of
the parish
of
Eastbourne
in
the county
of
Sussrx
and nithin the jiirisdiction of any justice acting witliin and for the
petty sessional division
of‘
which that parish
forms
part
and shall
for
rating and
other
purposes
be deemed to be withiu the parish and borough
of
Eastbourne
but the pier
and
norks
(except
so
far
as
they are rateable at the commencement
of
this Order) shall
not
be rateable fcx
a
period of five years from the commence-
ment of this Order.
38.
The
pier and
works
of
the Company shall in respect of
all
matters crimes
Pier
aud
woiltr
>hstbournc.
39.
All
the costs charges and expenses
of
or
incidental
to
preparing and
CostsofO~~er.
obtaining this Order
or
otherwise incurred in reference
theto
shall
be:paid
by
the
Compa~ly.
Prc
1
im
ill
a
ry
.
1.
In this Order the Ilfracmbe Harbour Order
1870
the Ilfraconibe Harbour
Orders
of
18;o
IsD;.
Order
1873
and the Ilfracombe Harbour Order
1897
are respectively referred
lSi3
to
as
the
Order of
1870
the Orc‘er
of
18’73
and
tbc
Order
of
1897.
Tlic
Harbow
Autliority.
2.
The Undertakers Earned in
the
Order
of
1897
shall be the Undertakers
for
Undertakers.
the
purpozes
of
this Order a.nd are
in
tbis Order referred
to
as
the Undertakers.
9
]i~rposes.
1,imit~.
Power
to
construct
works,
Descriptiou
of
works.
A.D.
1900.
Iifracombe.
Incorporation
of
Linis
C!anses
Acts.
-
1'ov;er to
:IC
pi1
e
lands
hp
agreement.
IAlldS
for
estraordinary
[Ch.
1x.j
Pier
and
Hai-bour
Ordeq-.?
[63
&
64
VIFT.]
Coiafirnzntion
(No.
1)
Act, 1900.
AcpuisitioiL
of
LI~.
3.
Tile Lands Clauses
Acts
except
so
much thereof as relates
to
the purchase
and taking
of
lands otherwise than
by
agreement and to the entry upon lands by
the Underta!;ers shall be incorporated
n
ith this Order.
4.
Fur
the purposes
of
the works authorised by this Order the Undertakers
may
by
agretment purchase tinter
on
take and
use
such
of
thc lands
slioaii
on
the plans deposited with the Board of Trade with reference
t,o
this
Order as they
think requisite for the purpose of those
works
or any esement or right over
or
affecting thos? lauds.
5.
The Undertakers Inay purchase and hold for extraordinary purposes any
lands not exceeding in the \thole two acres
but
this section shall
iiot
exempt the
Undertakers from any proceedings for a nuisance caused
01'
permitted
by
them
upon
any land acqnired
by
them under
t1ii.i
Order.
Limits uitd Fl*oi./is.
6.--(1.)
The limits within which the Undei talicrs shall
hake
authority under
the Orders
of
1870
1873
1807
and this Order aiid which shali he deemed to be
the
limits
to which
the
provisions
of
those
Orders extend shall comprise an area
defined by an imaginary straight line conimcncing at the centre of the northern
mall
of the Britannia Hotel 2nd extending thence to
and
terminating at
a
point
distant three hundred and thirty yards northward from the said Mail and
by
a
second straight line extending due east from the point
of
termination of the
first-mentioned straight line until such second straight line joins the high water
lins
on
thc western side of Beacon Point and from that point by the high water
line in a south-west
aid
westerly direction
LO
a point on the said high ~ater liile
due
south of the southernmost end
of
the old inner harbour pier and from the
last-mentioned point by
an
imaginary straight line extending sixty yards or
thereabouts south-west to and intersecting the
Quay
field Road
arid
thence
by
the centre
f
the
Quaylield
Road
the
Cove Road Bruad Street and the Quay to
the point of commencement
of
the firstly-:nentioned straight line at the centre
of
the northern wall ofthe Britannia Hotel.
(2.)
Section eight
of
the Order
of
1179
and section
six
of
the Order
of
1897
(with the exception
of
the proviso to that section) skin11 cease to have efl'ect
as
from the commencement
of
this Order.
7.
Subject to the provisions
of
this Order and subject
also
to such alterations
(if ani) in the plans and sections deposited with reference to this Orcler with the
Board
of Trade
as
the Board of Tiade require before the completion
of
the
works in order to prevent injury to navigation the Undertakers may
on
the lands
and in the lines and according to the levels and within the limits of deviation
shown on the said deposited plans and sections
(so
far
ns
the same are shown
thereon) make and maintain the pier
or
jetty authorised by this Order with all
necessary works accesses and conveniences.
8.
The works authorised
by
this Order comprise a pier
or
jet,ty in the parish
of
llfracombe in
the
county
of
Devon commeiicing
at
the seaward terminatioll
of
the present soiid portion
of'
the existing landing berth known
as
the Crane Berth
10
[63
&
64
VICT.]
Pier
and
Harbour
Orders
[Ch.
lx.]
Co.rtJil*mation
(No.
1)
Act,
1900,
and extending thence
in
a
north-easterly direction seawards to and terminating
A.D.
1900.
at
a point two hundred
sild
fifty
yards or thereabouts north-east from the above-
--
Ilfiaconl
be.
mentioned point of commencement.
The pier may be constructed as
a
soli(1 pier or as an open pier or partly in
one way and partly in the other.
9.
Sections
0
10
I1
and
13
of
the Order
of
1807
(which re!ate to subsidialy
Subsidiary
works
tIir
power to deviate the consent
of
the
Board
of
Trade to works aiid the
penalty for obstructing works) shall apply in relation
to
the
woiks
authoriEed by
this Order
as
they apply in relation
to
the works authorised by that Order.
10.
The
pier
and
morlcs authorised by this Order shall be deemed
to
be part
I'rovision.
(f
of the undertaking a~d works sutborised by the Orders of
1870
and
1897
and
~~~~~fo7'J
the powers and provisions of the Order of 1870 as ameiided or varied by the
flew
pier
m!
Orders of
1873
and
1897
and
by
this Order shall extend and apply to the
pier
'vorks.
and wor1;s accordingly.
Co~tiplction
of
Wo~lts
uiidrr
the
Oi&r
(If
1897
arid
tliis
Order.
11.-(1.)
The morlis authorised by this Order
shall
not be commenced until
col~~pic.tic,l,
)i
~i~~~~~~~~*
(2.)
If
within two years from the comineiicement of this Oicler the works
~~~~~~\+i,i
the pier or breakwater authorised by the Order
of
1897
has
been completed.
authorised
by
the Order
of
1897 and by this Order aiid
shown
on the plans
deposited nit21 referznce tu
those
Orders are not substantially coiniiienced thc
powers
given
by the Order of 1897
or
by
this
Order
as
the case
may
be for
executing
those
works or othern ise in relation thereto
shall
ccase unless the
time for cornmencement is extciided
by
the special direction
of
the Boarcl
of
Trade.
(3.)
If
the works authorked
by
the Ordcr
of
1897
or by this Order and
so
showti
on
the
plans after having been substantially commenced
are
virtually
suspended for twelve coiisecutire months the powers Siten by ti:c Order
of
1897
or
Ly
this
Order
as
the case may be for executing those works or otherwise
in relation thereto shall cease except
as
to
so
much of those works iespectively
as are then completed unless those powers are by
the
special direction of the
Board
of
Trade continued and directed
to
remain
in
force for
any
period
not
exceeding
fire
years from the cornmericeiiieiit
of
this Order.
(4.)
In either of the above cases
a
certificate from the Boarcl of Trade
to
the
effect that the norlrs have not been substantially cominenced or that
they
ha-,
e
been
r;rtually
suspended
for twelve consecutive months shall
for
the
purpcses
of this Order be conclusive evidence
of
the
facts stated in that
certificate.
ASu/~
or
Lensc
of
Utidrrtukiiig.
19.
Section
14
of
the Order
ol'
189i
shall
extend
to
the uorks authorised by
Amendmint
of
this
Order and
shall
as
from the commencement of this Order be read aid
~~~p~f:.~,":~
have
etfeet
as
if
the word
''
Company
"
were contained therein after the
n
orc!
sell
or
le^
person
"
ani!
as
if
a
reference to the Order of
1870
included a reference to ihip
undertnkinq*
Order.
L(
1.1
[Ch.
1x.J
Pier
and
Harbour
Ordm
163
&
64
VICT.]
Co?zJ'irnzatio.n
(No.
1)
Act,
1900.
A.D.
1900.
F
zuaiice.
'
rYracornbe.
-
13.-(1.)
Tho Undertakers may borrow and reborrow at interest
on
mortgage
or on debentures secured on the rates duties or other revenue Ievi~ble or
to
be
received under the Orders of 18iO
1873
1897
and
this Order
swh
inoney
as inay
be required for tlie purposes
of
t.hose Orders not exceediiig in the wtiule together
with any nioney already borrowed under any of the said Orders and tor the time
bring outstanding
at
any one time the sum of one hundred tliousand pounds atad
inay out of any money
so
borrowed repay any moneys borrowed under the Orders
of
1870
and 1873
and
still outstanding
as
and
when they may be entitled or
liable
to
make or the lenders may be wi!ling to accept payment thereof.
(2.)
The b-ndertdiers niay secure by mortgage under
this
section the payment
with
interest
of
any money due or to become due to any contractor for the
csecution of works authorised by
the
Order of
189i
and by this Order 2nd any
money
so
secured shall
be
considered
to
be
money borrowed under t,his
Ordpr.
(3.)
Subject to the provisioiis of Section
23
of the Order
of 1897
any
moiwy
borrowed under this Order may be borrowed in such ainounts at such times and
with such priorities and preferential right
to
payment both
fbi
principal iind
interest as the Undertukers thidr
fit.
(4.)
All
suriij
borrowed
by
t!ie Undertakers under this Order shall be
applied
for the purposes ofthe Orders
of
1870
and
IS97
and this Order to which capital
is
properly applicable
and
not otherwise.
(5,)
Secticns
17
1s
19
ancl
20
of the Order
of
1870
and Sections
3
and
4
of
the
Order
of
1875
(exec$ in
so
far
as
they apply to or a.ffert mortgages created
thereunder
and
fur the time beiiig in fnrcc) and Section
20
of
the Order
of
1897
shall
cease
to
hayc effect.
xorrowing
powers.
payluenl
,,f
14.
If
within two month after the interest
on
any mortgage granted
by
the
>wears
Of
Uiidertalrers
has
become due or
after
the period prescribed
for
the payment
of
1,rillcipal
may
the principal
sum
on any such mcrtgage
has
expired that interest or principal
as
'W
enforced
by
the case
inay
be is not paid the holder of'the mortgage may without prejudice
to
appointment
of
t,
i.eeeiver,
any
other rights remedies
or
securities apply for the appointment
of'
a
receiver
under this Order.
iiiterest
and
Appoiutment
15.--(la)
An
application for the appointment of
a
receiver under this Order
shall be made to two justices
of
the peace
of
the colinly
of
Devon and
on
any
such application those justices may
by
order appoint some person
as
a
receive;.
to receive f.he
whole
cr
a
suficien Dart
of
the rates and duties authorised by this
Order until all the arrears
of
interest or
of
principal or
of
principal
and
interest
as the case
rnay
be then due on tne oxtstnnding mortgage with
all
costs including
the charges
of'
receiving
the
wtes
and
duties are fully paid and
on
that
appoiiit-
msnt.
being
made
the rates
and
dutie:; shall be paid to and received
by
the
receiver.
(2.)
As
soon
5s
the full aniount
of
interest or of principal or
of
principal and
iuterest. as the case may be and costs has been
so
received the power of the
receiver
as
aforesaid shall cease and after payment
of
the costs the receiver shall
distribute among all the holders of the mortgages to whom interest
or
principal
is
111
arrear the rates duties and other money which shall hare been received
by
him
haViIkg
regard in that distribution to the priorities (if any)
of
those iuortgages.
of
:I
receiver.
12
[a
85
64
VICT.1
Pier
and
Llarbozir
Ortlem
[Cb.
1X.J
CO~Lfi~~rnUtiO?l
(No.
1)
Act,
1900.
A.D.
1900.
16.
The amount to authorise the application
for
the appointment of
a
Ilfmcornbe.
Amount
to
receiver shall b? one-tenth
of
the amoiint of money for tlie time being borrowed
antho&e
appl.ication for
receiver.
under
this
Order.
17.-(1
)
Sections
21
22
23
24
25
26
and
2'7
of the Order of
1597
shall
apply
Application
of
provisioiis of
with reference to money borrowed under this Order
as
thy
apply with referelice
Order
of
1s9,.
to
money borrowed under that Order.
(2.)
Sub-section
(4)
of Section
26
of the Order
of
1S9i
shall
bc
rcad and have
effect
as
if
the words
"
according to their rrspective priorities
''
were inserted at
the end thereof
Rrection
qf
U
Lighthouse.
18.-(1.)
The Undertakers may arrdiige with the Trinity House for the
Erection
of
lighthouse.
erection either by the Trinity Housc or
by
the
Uildertakers in
n
position
and
according
to
phs approved by the Trinity House
of
a
lighthouse
or
Pearon
light
on
or
n?ar
the northcrn point
of
Ihacon Point
or
at
such other point within
the limits to which this Order extenr's
2s
the Trinity
House
approve and for the
maintenance
by
the Undertakers
of
any such lighthouse
or
beacon light in
a
nianiier approved
by
t!ie
Trinity House.
(2.)
The payment of the cost of
tlie
erection
of
the lighthouse
or
beacon light
whether erected by the Trinity House
or
the
Undortnliers
shall
be a
purpose
of
this Order to which capita; is properly applicable and for which money
may
be
borrowed accordingly under this
Order.
(3.)
For
tlie
pnrposes
of the application of the rates and income of the Under-
takers
the cost
ot'
the maintenance
of
any such lighthouse
or
heacon light
(if
it
is
maintiLined
by
the Urdertakers) shall be included in paragiaph
(2)
of
Section
26
of
the
Oidec
of
1897.
(4.)
In
this
sect ion the expression
"
Trinity House
"
means
the Corporation
of
l'rinitg House Deptford Strond.
Life
Buoys
cmd
Liyhts.
pier authorised by this
Order
lifc-buoys anti life-lines in good orcler
and
fit
and
ready
for
use.
(which relate
to
the provision
of
1iqLt;)
shall
be in ex!i case ten pdunds for
for
.every
day
instcad
of
ten
poiinds
for
crery
month during which the omisjion to
ding lights.
apply
or
the refusal or nrglect
to
ohc>.y
any directions
i3s
provided by those
sections
continue>.
21.
Section.,
31
92
aid
33
of
the
Order
of'
IS97
(wliich
relate
to the proiision
Appliqationof
of
light
sh,lll
(as
aiiicnded
by
this
Orctcr)
tippip
with reftrence to the
uorks
31
32
33
of
the Order
of
authorised by
tliia
Order
as
they
apply
with
refeiencc
to
the
WO~~S
authorised
1897
to
this
Ly
that
Order.
Order.
19.
Tile
Undertaliers shall
at
all
time3
beep
at
tho outer evtrernity
of
the
Life-buoy.
20.
The masimum penalty under Seetions
31
33
and
33
of
the
Ordcr
of
1897
Penalty
under
Order
of
1897
provi-
sll])pIP!lcc)I
ttcl.
22.
Sections
28
and
99
of'
the Ihrlvmrs Docks and Pier3
Clauses
ACL
1847
as
Extension
incorporated with this Ordel
or
t!ie
Ordrrs
of
1870
or
159'7
dial1 apply
to
and
c.
10
a7.
&
11
(ss.
Vict.
28
for
the benefit
of
aliy
Governnient Department in the
s:me
maiincr
as
they
99)
to
ail
18
A.D.
1900.
1fi.aconIbe.
-
Government
Departments.
Saving
rights
under
Cromn
Lands
Act
10GG.
S.r>iing
rights
of
Crown.
Coats
of
Order.
Repeal.
Short
title
and
commence-
ment.
[Ch.
lx.]
Pier
and
Harbour
Ordem
[63
&
64
VICT.]
Co7lJirmalion
(No.
1)
Act,
1900.
apply
to
and for the benefit
of
the Governmeat Dppartrnents specially named in
those sections.
23.
This Order
shall
not be taken
as
a
consent
to
the surreiider
of
any rights
interests powers authorities or privileges transferred
to
tho inanugeme:it
of
the
Board
of
Trade
by
the Cromn Lands Act
1866
nor
shall
any
works
t~t.horised
by
this Order be comnienced \vithin the limits affected
by
any such rights interests
powers authorities or privileges withcut the assent of the Board of Trade
hzving
been
first
obtained.
24.
This Order
shall
not
be
taken
abi
a
consent to the surrender
of‘
nor shall
anything in this Order prejudice or
irffd
any property rights interests powers
authorities or priiileges of Her Majesty
in
right
of
Her Croan Rhich are
under
thc management
of
the C:ommissioners of Her Majesty’s Woods
or
either
of
theni,
25.
A11
the costs ctiargcs and expenses of or incidental
to
applying fur
preparing and obtaining this Order
or
otherwise incurred
in
relation theretc
shall be
paid
by
the Uiiilertakers
out
of the inoiieys
to
be borrawed under this
Order or out
of
the rates duties and other income received
by
them i1:icler the
Order
of
1870
or
partly
in
oiie w,ip and
partly
in the other.
26.
The
provisions specified in the Schedule to this Order are hereby rc.pealed
to the exteut mentioned
in
that Schedule as
from
the commencemeiit
of
this
Order.
27.-(1.)
This Order may be cited
as
tlie
Tlfraconibe Harbour
Order
1900
and the Orders
of
1870
1873
and
1897
and
t-his Order may be cited
as
the
Ilfracornbe Harbour
Orders
1570
to
1900.
(2.)
This Order shall come inio fcice upon thc
day
when the Act confirming
this Order is passed and that
day
is in this Order referred
to
as
the commencement
of
this Order.
S
C
H
ED
U
LE.
Short
Title.
Provisions
llepcaled.
The
Ilfrncombe
Harbour
Order
1870
~
Section
eight
sectiviis
sevciite
eigliteeil
(confirmed by
3L
&
34
Pict.
c.
lsxxii.)
1
nineteen twenty
except
as
re$pects
iiiortgps created
undcr
the
Order
of
1
1870
nnd
for
the
time
lieitig
in
force.
The
Ilfrncombe
Ifarboar
Order
1873
Sectioiis tliree
and
fonr
except
:is
respects
1
,iiortgages
createJ
under
tlie
Order
of
1
9873
and
for
the
tirnc
being
in
force.
The
Ilfrncombe
HnrGour
Ordel
1597
Section
six
to
“at
tlie
Sonid
of
Trade’’
(confirmed by
36
S:
37
Vict.
c.
Ixiii.)
(confirmed by
ct
61
Vict
c.
1x1s.)
I
sections
fifteen
:i~iti
twcnty.
14
163
&
64
VICT.]
Pier
and
Harbozir
Orders
LCh.
lx.]
Co/t$mantion
(Ab
1)
Act,
1900.
Tli
c
Uii
de
1.
ta
kr))s.
1.
The Coast Development Company Limited (in this Order called
':
the
UcciertaIters.
Company
"1
shall be the undertakers
for
carrying this Order into execution.
Acpisition
of
&rid.
2.
'lht:
Lands Clauses Acts (except
so
much thereof as relates to the purchase
Illcorporaticn
and taking of
lands
otherwise than by agreement and to the
entry
upon
lands
by
Clauses
A.cts.
the
protnotcrs
cf
t2ia
undertaliiiigj
are
incorporated Ttith this
Orcler
and
for
the
pbrpsses
of
that
incorporation t,lie term "sp~cial
Act,
"
in
the
said
Acts shall
mean this Order.
of
Lands
3.
FI~
the purpose of tl:e
works
authorised by this
Ordcr
the Company may
rower
to
by ugrcexrient enter iipoii
take
:tiid
use
such
of
the lands shown
on
the plsn
deposited for the purposes
of
this Order
as
they
ihink
requisitc for the purpose
of
those
works
or
any easement or right over
or
affcchig tho:je lands.
-i.
Peisons empowered by the
Land6
Clauses Acts
to
sell and convey or
l'ower
to
talie
release lands
rnay
if they think fit
suljject
to the provisions
of
those Acts and
of
easerllents
by
this Order grant to the Coinpany any easeirient right or privilege
(not
being an
easement right. Qr privilege
of
water in which persons other than the grantors
have ail interest) required
for
the purposes of this Order in over
or
affecting any
such lands and the provisions of the said
Acts
with
respect to lands and rent-
charges
so
far
as the same
are
applicable in
this
behalf shall extend and apply
to such grants and to such easenients rights
and
privi!eges as aforesaid
rcspec tivel
y.
from
any proceedings on account of any nuisance caused or permitted
by
them
upon any iand acquired
by
them under this Order.
lands*
agreement.
5.
This
Order or anything contained therein shall not exempt the Company
Nuieance
not
authorised.
Limits
uml
CVorlcs.
6.
The
limits within uhich the Company sliall have autlioiity arid which
Limits.
bhall
be
deemed the limits
to
whicli the
piovisions
of this Order extend shall
comprise the
woiks
authoiised
by
this Older and the area below high-wter
mark
lying
within one hundred and fifty jaids fiom any part
of
those
works.
7.
Subject to thc provisions
of
this Order and subjcct
also to
such alterations
polrer
to
(11' any)
in
the plar. and sccLions
deposited
with
refc3rence to this Order (in this
collbtluct
Ortier
referied to rcbpecticely as
"
the deposited
plm
and
sections
")
ab
the
Board of Trdde
iequire
before the cowpletim
of
the
works
in
order
t,o
prevent
injury
to
n,i\igatioii
the
Company may
on
the lands and in the
lines
and
situation and according to
rhc
!e\els ~liowii
on
the depusitcd pldn and sections
(so
far
as
the
same
are
shown
thereon)
aiid
ciiliin the limits
of
deviation
shown
mocks.
16
A.D.
1900.
I_
Lowestoft.
Description
of
works.
Powers
of
deviation.
Penalty
for
obtructing
works.
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
85
64
VICT.]
Cor4fiimatson
(No.
1)
Act,
1900.
on the plan make and maintain the works authorised by this Order with
all
necessary works accesses and conveniences connected therewith.
8.
The works aathorised
by
this Order (in this Order referred to
as
"the
pier
"j
coniprise
:-
A
pier and approaches thereto commencing at
a
point on tlle centre line
of
Claremont Road where it joins or
if
produced
viould
join the sea front
or
line of esplanade wall and extending thence seaward in
an
east-south-
easterly direction for two hundred and
fifty
yards or thereabouts and there
terminating.
The
works
will be situate in the parish
of
Rirtley 9r Kirkley in the county
of
The pier itself shall be constructed
as
a~11
open work.
9.
The
Company in constructing the works
niay
with the consent in writing
of the Board
of
Trade deviate laterally to any extent within the limits
of
deviation shown on the deposited plan and vertically to any extent approved
by the
Board
of
Trade.
10.
If
any person wilfully obstructs
any
person acting under the authority of
the Conipany in setting out the lilies
of
the
works
authorised by
this
Older cr
pulls up or removes
any
poles
or
stakes driven into the ground for the purpose
of
setting out the lines
of
those
works
or defaces or destroys those wcrks or any
part thereof that person shall for each ofence be liable to
a
penalty not exceeding
five pounds.
SuKolk or on the foreshore
or
in the sea and bed thereof adjacent thereto.
Powers
to
cease
in
certain
events.
11.-(1.)
If
within two years from the date of the passing
of
the
Act
coufirrning
this Order the works authorised by this Order and shown
011
the deposited plan
End sections are not substantially
commenceJ
tlx
powers given
by
this Order
for esccuting those works or otherwise
in
relation thereto shall cease unless the
time for commencement is estended by the special direction of the Board
of
Tradc.
(2.)
lf those works after having been substamtially commenced are virtually
suspended for twelve consecutive inoiiths the powers given
by
this
Order for
executing those works
or
ot,herwise in relation thereto shall cease except
as
to
so
much
of
those works
as
is the:: completed unless those
poners
are by the
special direction
of
the Board of Trade continued and directed
to
remain
in force for any period not exceeding five years from the date of the Act
confirming this Order.
(3.)
In either
of
the
above
cases a certificate
from
the
Board
of Trade
tu
the
effect that the
works
have not been substmtially commencqd or that they haT e
been virtually suspended for twelve consecutive moiiths shall
for
the purposes
of this Order
bP
conc:usive evidence of the facts stated
in
that certificate.
12.-(1.)
Subject
to
the provisions
of
this Order tile Company may maintain
and with tho consent
of
the Board of
Tradc
may altcr and iinprovc
the
pier and
in
connexioii with the pier may construct erect maintain
alter
and improve
landing-places landing-stages slip; wharves waiting-ronnis sheds toll-housas
gates embankments seners drains watercourses
rOddS
apprmches
\$(irks
and
conveniences and may lay down and maintain rails and tramways
on
cr
along
the
pier and may construct
provide
lay down and mainrain mwring posts
buoys
Improvenleut
of
pier
and
accommodation
works.
16
[63
&
64
VICT.]
Pier
and
Harbour
Odws
[Ch.
lx.]
Conjirmation
(No.
1)
Act,
1900.
weighing machines cranes hawsers and other appliances
and
works for the use
of
vessels frequenting the pier.
(2.)
A
line
cf
rails or tramway constructed under this Order shall
not
be used
for the public conveyance of passengers until
it
has been inspccted and certified
by the Board
of
Trade
t.o
be
fit
for that use.
other baths with all necessary or proper pipes and apparatus and pavilioiis
kc,
assembly rooms concert rooms aqua& shops saloons and bazaars kiosks reading
refreshment and other rooms lavatories
and
other conveniences and may make
such reasonable charges for the use thereof or for admission thereto as they may
think
fit
and t,hey map furnish stock and
equip
them and may let the saEe by
the year
or
on lease for such period not exceeding seven years and upon siicli
terms and conditions as they think
fit.
14.
Tlie Company in connexion
with
t,he works authorised by this Order may
Power to
within the limits
to
mhich this Order extends dredge scour deepen alter and
dredge
"'
improve the entrances and channels
to
the pier and the approaches works and
convleuienccs connectcd therewith.
A.D.
1900.
Lowestoft.
-
13.
The
Company
may
construct and mainta,in upm
the
pier swiunming and
Power to
erect
baths pavilions
15.
Works authorised by this Order below high-water inarlr shall
not,
be
Consent
of
commenced without the consent in writing
of
the
Goard
of
Trade and shall be
to
worka
bclo,v
Board
of
Trail
high-Tvater
mark.
executed only in manner approved by the Boarti
of
Trade.
Si(
pplenieiitn
1
Proc
is
iom
as
to
J
Tcr
iiapzent.
unship at the pier or landing stages authorised to
be
malle under this Order
or
at
any place within the
limits
of
this
Order
any sheep cattle or merchandise
or
goods
without the consent
of
the Company.
1G.
This Order shall not entitle any person with any vessel
or
boat
to
ship or
liestrictions 011
use
of
pier
&c.
17.
A
vessel
or
boat shall not break bulk within the limits
of
this Order
\*e;sels
llot
t;
hrealc
bulk
within limits
rrithout
ccnseii!
1s.
A
vessel or boat shall not
be
moored or anchor alongside
or
within one
Vessels
not
hi,
hundred and fifty yards measured in any direztion from any part
of
tlie pier
moored
side pier
'long'
without the consent
of
thz Compaiiy or their pier master.
19.
The Company shall have the appointmeiit of meters and weighers within
Meters
~IKI
20.41.)
The Company may make byelaws for all
For regulating the collection and levying
of
the rates tolls
and
charges
For regulating the vessels boats goods and traffic within the limits
of
this
For regulating the conditions of the user
of
any
portion
of
tlie pier
or
any
of
%or preventing injury to and protecting the buildings and property thereon or
For reguiating the conduct
of
persons frequenting the pier and buildings
aiid
For regulating the sale of refrcshmcnts
011
the pier and in the buildings.
without the consent
of
the Company or their pier master.
nitlioutcoiiwiit.
wcigheiq.
tI:e limits
of
this Order.
any of the followiiig
~jei:~ws,
~iintters (that
is
to
say)
:-
authorised by this Order
;
Order
;
the buildings erected thereon
;
attached thereto
;
preserving order thereon
and
therein; and
n
17
A.D.
1900.
Lo
ccesto
ft.
-
l'omei'
to
levy
rates.
Hates
inny
be
levied thoiigli
irorks
not
completed,
Powcr
to
close
pier
oi:
special
owasions
Ecc.
Power
to
vary
exemptions
from rates
and
to
enter into
com-
po$itions
&c.
Pass tickets
for
nse
of
pier.
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
&
64
VICT.]
Cor@?.nLation
(No.
1)
Act,
1900.
(2.)
The byelaws inay provide for imposing
a
penalty not exceeding forty
shillings in the event of the breach or non-observance of any of the byelaws.
(3.)
A
byelaw under this section or under the enactments incorporated with
this Order shall
not
come into operation until it
has
receiied the allowance and
confirmation of the Board of 'Trade and that allowance and confirmation shall be
sufficient for
all
purposes.
Rates.
21.
When in adclision to the certificLite
to
be granted under Section
26
of
the
Harbours Docks and Piers Clauses Act
1547
a certificate
bas
been obtained
from the Board
of'
Trade that
all
consents and approvals on the part of :tie
Board of Trade required under this Order or otherwise necessary to the due
construction of the
works
authorised by this Order have been given the
Company inay subject
and
according to the provisions of this Order demand
receive
and
recover for the use of the pier
sild
in respect Gf the persons animals
goods matters and things described in the schedule to this Order any slims not
exceeding the rates speciSed in that schedule.
22.
If it is
at
my time certified in writing under the hand of an officer to
bs
appointed for the purpose
by
the Board of Trade but to be paid
by
the Company
that
the
works authorised by this Order have been
so
far completed
as
to
afford
accommodation for the persons walking on tho pier or for the landing
ancl
embarking or shipping of passengers animals or
goods
by means
of
those works
the Company inay notnithstanding SectIon
25
of the Harbours Docks and Piers
Clauses Act
1547
and althougli
the
whole
of
the works authorised by this Order
have
iiot
then been enmp!eted demand receive and recover such
of
the rates
or such proportion
of
a!!
or any of the rates specified in the schedule
to
this
Order
as
are in the opinion of the Board
of
'l'ra.de commensurate
to
the incredsed
accommodation :iffordeJ.
23.-(1.)
The Company may on any occasions which they deem special but
not exceeding twelve days in any one year or for more than three days con-
secutively close the pier against the public and may
if
they think
fit
on thosc
occasions admit any persons to the pier on piyment of such special rates
of'
admission not exceeding me shilling for each person
as
the Company
mdy
think
fit.
(2.)
The Company shall on any such occasion reserve
a
sufficient pass~ge
along
the pier for any
persons
landing or embarking
at
the pier and that reseivcd
passage shdl
be
open for use by those persons
at
the ordinary charge and without
payment
of
any special rates
so
long
only
as
they use the pier
as
a
passage and
do
not remain upon
it.
24.
The Compdny may confer vary or extinguish exemptions from and enter
into compositions with any person with respect to the payment of any rates and
charges authorised by this Order and may confer vary or extinguish
by
agree-
ment all other rights and privileges but
SO
that no preference be in any CaEe
given to any person and that anything done under this section shall not prejitdice
the other provisions of this Order.
25.--(1.)
The Company may grant
to
passengers and promenaders or others
for the use of the pier either exclusive or
net,
of
any
building
or
room
for the
18
[SS
&
64
VICT.]
Pieis
nnnd
H~OUY
Odws
[Ch.
lx.]
Conj?rmntion
(No.
1)
Act,
1900.
time being thereon
pass
tickets or family tickets at such rates on such terms and
A.D.
1909.
for
such periods not exceeding
one
yenr
as
may
bc
agreed upon
or
may issue
Lotoestoffi,
-
1)oolrs
containing any number of tickets at
a
reduced rate b!it.
so
that
no
preference
be given to any
PIX~OI~.
(2.)
A
pass ticket
shall
not be transferable and
shsll
not be used by anj7 person
except the person
to
whom
it
ii
granted and a funily ticket shall not be
sed
to
adinit
to
the pier any person not being one of the family in respect
of
which
it
is granted and any sucb
pass
ticket or family ticket
shall
not
be used by
any
person aft,er the period limited for its use.
(3.j
If any pcrson acts in any way
in
contravention of the provisions of this
section or uses or attempts
to
use any
false
or
counterfeit ticket he shall for each
offence be liable to a penalty
not
excecdiug twenty shillings.
26.
The Company
may
(so
far
as
the rates specified in the schedule
to
this
power
to
Order
do
not
extend) demand and receive such rates
or
other considerations
as
~~~~~~~t~f
they
think reasonable
for
the use of any buildings
buoys
works and conveniences
hnildiii,rrs
&c.
belonging
to
or
provided
by
them or in respect of any services renderecl by
them
in coanexion with the pier.
27.
The payment
of
rates payable under
this
Order for the use
of
the pier
~a~1~~t.ct
of
shall nct entitlc any person paying the saine to the
use
of the buildings and
~~~cln:~~l''t
tr,
erections thereon
or
any of them
or
any part thereof unless the Co:npang
IIW
hililtling..
otherwise dderinine.
rates and
ofher
charges authorised to
be
taken
by
this Order or inay let for hire
rate"
or
lcase
for
:my term not exceeding seven years
any
pavilions rooins shops
bxzaers baths or buildings on the pier separately from any other part
of
the
worlrs authorised by this Order
to
any person upon such terms (pecuniary
or
otherwise)
nut1
under such restrictions and conditions as they think
fit.
(2,)
Where the rates
ar
other charges are leased under this section the leysee
(during the continuance of and to the extent provided
in
his lease) shall
have and
inay
exercise
a11
or any of the powers (including powers of levying and
recoyering rates and other charges) which the Company have or ir,ight exercise
under the Harbours
Docks
and Piers
C!auses
Act
1847
or
this Order
and
shall
be suhject to all provisions as to a.ccounts and otherwise
to
which the Company
are sulijcct nnder this Order.
29.
Part
V.
of the Harbours and Passing
Tolls
&e.
Act
1861
shall apply to
p:lrt
V.
of
the works authorised by this Order.
30.
Fishing vessels belonging
to
countries with which for the time being
Certain
fishiiip
treaties exist exempting
from
dues and port chxges those
wssels
when fcrced
vclsyels
under
by
stress of weather
to
seek shelter in the
ports
or
on
the coasts of the United
Treat1lerexempt
Kingdom shall when :forced by stress of weather
to
make use of the works
authorised by this Order and not brealring bulk while making use thereof be
exempt froiii rates ieviable under this Order.
for
saving life and being persons either belonging
to
the crew of the 1ifeI)cat or
to the coastguard
or
being persons for the time being actually employed in 5aving
life or in exercising
or
using the lifeboat
or
the apparatus for saving life
and
also
28.--(1.)
The
Conipany may lease for any term not exceeding
seven
years the
Pxwr
tsi
1~1i.w
24
&
25
Tict.
c.
4i
to
apply.
stress
of'
rates,
31.
All
persons going to or returning from nny lifeboat or using any appn,ratus
LL;fcbo:lt
cre-:.G
frm
rates.
-
all persons brought ashore from
any
vessel in distress shall at
a,ll
times have
B2
19
[Ch.
lx.]
Pkr
and
Harbour
Orders
[63
&
64
VICT.3
Con$l'matiolt
(No.
1)
Act,
1900.
A.D.
1900.
free ingress passage and egress
to
or along and from the pier without
payment.
Lowestoft.
Board
of
32.
If at any time the clear annual income derived from the pier on the
Trade
may
reduce
rates.
average of the then three last preceding years after payment of
all
expeiises and
outgoings other than payments for interest or principal in respect
of
money
borrowed exceeds interest at the rate of ten per centum per annum on the entire
sum appeariiig to the Board of Trade to have been expended by the Company
in executing the works authorised by this Order the Board of Trade may if in
their discretion they think fit reduce the rates leviable uvder this Order or any
of
them to such amount
as
will be suficient to provide the last-mentioned
interest at the rate of ten per centum per annum and the rates shali thereupon
be reduced accordingly but with power
to
the
Board
of
Trade at any time
to
raise them
again
to
wins
not exceed'iiig
the
amounts specified in the schedule
to
this Order.
Finance.
-
Po\ver
to
33.
The Company may borrow and re-borrow on mortgage
at
interest on the
borrow
money*
security
of
the rates charges and other revenue leviable or
to
be received under
this Order siich money as may be required for the purposes
of
this Order not
exceeding in the whole one-third of the amount of the capital
of
the Company
expended for the purposes of this Order.
Bpplicatioll
of
34.
Every part of the money borrowed under this Order shall be applied only
money
for the purposes authorised by this Order
to
M
hich capital
is
properly applicable
borrowed.
and
riot
otherwise.
payment
of
35.
If
vithin two months after the interest on any mortgage granted by
the
arrearsof
Company has become due or after the period prescribed for the payment
of
the
principal
mag
principal
sum
on any such mortgage has expired that interest or principal as
beenforce(1by
the case may be
is
not paid the holder of the mortgage may without prejudice
a
receiver.
to any other rights remedies or securities apply for the appointment of
a
receiver
under this Order.
Appointment
36.--(I
.)
An application for the appointment of
a
receiver under this Order
shall be niade to two justices of the peace of the county of Suffolk and on ally
of
a
recciver.
such application those justices may by order appoint some person as a receiver
to receive the whole or
a
sufficient part
of
the rates authorised by this Order until
all the arrears
of'
interest or of principal or
of
principal and interest as the Case
may be then due on the outstanding mortgage with all
costs
(including
tile
charges
of
receiving tho rates) are fully paid and on that appointmellt
beillg
indde the rates shall be paid to and received by the receiver.
(2.)
As
soon
as
the full amount
of
interest or
of
priiiaipal or of principal and
interest as the case may be and costs has been
SO
receired the power of the
receiver shall cease and after payment of the costs the receiver shall distribute
among all the holders
of
the mortgages to whom interest or principal
is
in
arrear the rates and other money which
shall
have been received by him haring
regard in that distribution
to
the priorities (if any) of those mortgages.
Amouu
t
to
37.
The amount to authorise the application for the appointment of
a
receiver
application
fur
shall be one-tenth of the amount of money authorised to be borrowed bp this
receiver.
Order.
interest and
appointment
of
authorise
20
[63
&
64
VICT.]
Pier
and
Harbour
Orders
[Ch.
lx.]
ConJirmation
(So.
1)
Act,
1900.
58.
The revenue received from rates
or
otherwise under this Order shall be
A.D.
1900.
Lowestoft.
(I.)
In paying the expense properly chargeable
to
revenue of the maintenance
Application
of
-
applicable for the purposes aiid in the or4er following and not otherwise
:-
repair and management of the pier and of carrying into effect any powers
~$~~~~
given by this Order
;
under this Order
;
belong
to
the Company for their own use.
(2.)
In
payment year by year of the interest accruing
on
money borrowed
(3.)
The surplus (if any) after providing for the purposes aforesaid shall
39.-(1.)
The Company vithin one nrnnth after sending
to
the clerk of the
Arinualaccoult
to
be
sent
to
peace the copy of their annual account in abstract (which account shall be made
Board
of
up
to the end of the day
of
the twenty-fifth day
of
March in each year) shall
Trade.
send a copy thereof
to
the Board of Trade and Section
16
of the Gensral Pier
c.
19.
and Harbour Act
1861
Ainendmcnt
Act
shall apply
to
and include any such
account.
(2.)
If
the Company refuse or neglect
to
comply with this provision they
shall for each refusal or iieg!ect be liable
to
a
penalty not exceeding ten
pounds.
25
&
26
T'ict.
Lge-sauing
Apparatzis.
40.-(1.)
Sections
16
to
19
of
the Harbours Docks and Piers Clauses Act
Provision
of
1847
shall
not
be
incorporated with this Order but the Company shall whenever
~~~~~~$~~
required by the Board
of
Trade provide at their ohn expense and to the
ifrequired.
satisfaction of the Board of Trade
a
site near to the pier and build on that site
A
house and other proper accomniodation for
a
lifeboat rocket apparatus and
other life-saving apparatus.
(2.)
If the Company fail to comply with
this
section they shall be liable to a
penalty ilot exceeding ten pounds for every month during which the failure
continues.
41.
The
officers
nf
the coastguard and all other persons for the time being
Life-saving
actually employed in connexion nith
the
lifeboat or the apparatus for saving
~~~~~e~~~
life
may either permanently or temporarily and uithout payment attach or cause
pier.
to
be attached
to
any part
of
the pier spars ;?nd other apparatus for saving life
and
may also either in course of using or of exercising the apparatus for saving
life fire rockets over the pier.
life-buoys ;ind life lines in
good
order and
fit
and ready
for
use.
42.
The Company shall at all times keep at the outer extremity of the pier
Life-buoys
to
be
kept.
Liyl1
ts.
43.-(
1
.)
Before commencing the works authorised by this Order the Com-
As
'to
lights
panp shall apply to the Board of Trade for directions
as
to
the lights to
::$!,clion
be exhibited and other means to be taken for preventing danger
to
navigation
of
works.
and shali in
all
respects obey any directions given upon
that
application or
afterwards given as to the like matters by the Board
of
Trade during the
construction
of
the works and compliance with the directions
so
given shall
satisfy and be
in
place of every other statutory requirement as to those matters
during the construction
of
the works,
B3
21
A.D.
1900.
Lowestoft.
-
As
to
lights
arter com-
pietion
of
wcrlcs.
i'rovision
against
danger
to
navigation.
Recovery
of
penalties.
1i:xtension
of
10
&,
11
Vict.
e.
27
(8s.
28
99)
to
all
Government
Departrneuts.
Saving
rights
iiiidcr
Cruwn
Lands
Act
1866.
Saving
rights
of
the
Cr6nu.
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
&
64
VICT.]
CorzJiwnation
(No.
1)
Act,
1900.
(2.j
The Company shall be liable
to
a
penalty not exceeding ten pounds for
every day during which they oniit
so
to
apply
nr
refuse or uegiecc
to
ohsorve
any such directions.
44.-
(1.)
Afier completion
or
permanent discontinuance
or
abandonment
of
the
works authorised by this Order the Company shall exhibit at the outer extremity
of the pier
or
thc completed portions thereof
or
in
such other places
as
may be
required for all
or
any part of the time from sunset
to
sunrise
and
according
to
the requirements of the traffic
aI!d
the season
of
the year such lights (if
any)
and take siich other steps for the prevention of danger
to
navigation as may
be
directed by the Corporation of Trinity House Deptford Strond and the Company
shall apply
to
that
Corporation
for
such directions.
(2.)
Tire
Company shall be liable to
a
penalty not exceeding ten pounds for
every day during which they omit
so
to
apply
or
refuse
or
neglect to obey
any such directions.
45.-(1.)
In case
of
injury to or destructicn
or
decay
of
the works authorised
by
this Order
or
any part thereof the Company shall lay clown such buoys
exhibit such lights or take
such
other nieans for preventing (as far
as
may be)
ddnger
to
navigation
as
are directed by the Corporation of Trinity
House
Deptford Strond and
shall
apply to that Corporation for such directions.
(9.)
The Company
shall
be
liable
to
a
penalty
iiot
exceeding ten pounds for
evcry day during which they omit
eo
to apply
or
refuse
or
neglect to obey any
such directions.
Misce
Zlaneous.
46.
,411 penalties shall be rgcovered and applied as penalties are recoverable
and applicable under 'the Harbours
Docks
and
Piers
Clanses Act
1847
and for
all the purposes of that Act this Order shall be deemed
the
special Act.
47.
Sections
28
and
99
of the Harbours Docks and Piers Clauses Act
1847
as
incorporated with this Order shall apply
to
and for the benefit
of
any Govern-
ment Department in the same manner
as
they apply
to
and for the benefit of the
Guvernment Departments specially named in those sections.
48.
This Ordor shall not,
be
tsken
as
a
consent
to
the surrender
of
ally rights
interests powers authorities or privileges transferred to the mwagement of the
Board of Trade by the Crown Lands Act
1866
nor
shall
any
worlzs
under
this
Order be commenced within limits affected
by
aay such rights interesb
powers authorities or privileges without the asieiit of the Board
of
Trade having
been first obtained.
49.
This
Order
or
anything herein contained shail not authorise the Company
to
take or in any manner interfere with
any
lands
or
hereditaments
or
arty rights
of
whatever description belonging
to
the Queen's most Excellent Majesty in
right
of
Her Crown and under the management
of
the Cornmissioners
of
WOO&
without the consent
ir,
vviting of the Commissioners
of
M'oods
on behalf
of
Her
Majesty having been
first
obtained (which consent such Commisssioners
are
hereby authorised
to
gii e) neither shall anything in this Order contained extend
to
take
away
prejudice diminish
or
alter
ariy
of
the
estates rights privileges
22
[SS
&
64
VICT.]
Pier
and
Harbour
O&rs
[Ch.
1x.J
Coiz,mntion
(No.
1)
Act,
1900.
powers or authorities vested in or enjoyed or exercisable by the Queen’s
A.D.
1900.
Majesty.
obtaining this Order or otherwise incurred
in
reference thereto shall be paid by
the Contpang.
-
Lowestoft.
50.
All
the costs charges and expenses of or incidental
to
preparing and
costs
01
Order.
51.
This Order may be cited
as
the Lowestoft (Southj Pier Order
1900.
Short
title.
!I!he
SCHEDULE
to
which
the
foregoing
Order
refers.
I.-RATES
FOR
USE
OF
PIER.
For every master or member
of
the crew
of
any vessel boat or wherry
using the pier for the purpose
of
going to or returning from his
own
vessel boat or wherry an
aniiual
sum
not
excecding
-
Or
if the annual sum is not paid for each time
-
- -
For every other person using the pier for the purpose
of
landing from or
enibarking
on
board
of
any
ship
vessel
or
boat
af
any
kind
whatever
for each time any sum not exceeding
-
-
- -
-
Save
as
above and save as herein-after mentioned for every person
using
the pier for each time any sum not exceeding
-
For every person using
the
pier between the hours
of
6
p.m. and
10
p.m.
011
any day on which
a
coticert or other public entertainment is
hald
in eny pavilion building or room for the time being on the pier for at,
least one and
a
half hours between the said hours
of
6
p.m.
and
10
p.m.
- -
-
- -
Far every bath or
sedan
chair (including driver or cm-riers) taken
on
the pier for each time any
sum
not exceeding
For every perambulator (including driver) taken
on
the pier for each
time any sum not exceeding
-
-
-
-
-
-
-
-
s.
d.
10
0
01
c!4
02
06
04
02
II.-RXrES
OS
l’-\SSESGERS’
LUGGAGE
LSNIIED
SHIIW~D
OR
TRASSH~ITED
AT
THE
Pmi~
For every trunk portmanteau box parcel
or
other package within the
description of luggage
and
not
borne by the passenger
:
Not
exceeding
28
Ibs.
in ueight
-
-02
Over 28
lbs.
and
not
exceediug
5G
Ibs.
-
-
-
-03
Over
56
lbs. and not exceeding
S4
Ibs.
-
-
-
-04
Over
84
llos.
and not exceeding
112
Ibs.
-
-
-05
Over
112
Ibs.
and not exceeding
140
lbs.
-
Over
140
lbs.
and
not
exceeding
196
lb3.
-
-07
Over
196
lbs. and
not
exceding
2
cwt.
-
-08
And
for
every
20
lbu.
woight
in addition or part thereot
-
-06
-
-
-
-01
B4
23
A.D.
1900.
Lowestoft.
-
[Ch.
Ix.]
Pier
and
Harbour
Orders
[63
&
64
VICT.]
Co?tJlirmatzon
(No.
1)
Act,
1900.
III.-RATEs
ON
~~OODS
SHIPPED
TRASSHIPPED
OR
UNSHIPPED
AT
THE
PIKE.
Ale beer and porter in
cask
per
54
gallons
-
- -
Ale beer or porter bottled per
35
gallons
-
-
-
-
Ale beer
or
porter bottled per dozen quarts
-
- -
Ale beer or porter bottled per dozen pints
-
-
-
Anchors per
cwt.
- -
-
-
-
Anchor
stock
per foot run
-
-
-
Ballast per ton
-
-
-
-
-
Barkper
tori
-
-
-
-
-
Beef
or
pork per cwt.
-
-
Biscuit or bread per cwt.
-
- -
Blubber per
252
gallons
-
- -
-
Bones and bo!:e dust per ton
-
-
Bottles per gross
-
-
-
-
-
-
Butter and lard per cwt.
- -
- -
-
Bicycles and tricycles each
-
-
-
-
Cables iron or hempelt per ton
-
-
-
Canvas per
40
yards
-
-
-
-
-
Carriages chaises
and
other four-wheeled cnrriagesech
-
Gigs carts and other two-wheeled carriages each
-
-
Handcarts each
-
-
-
*
..
Casks (empty)
iiot
heing returned packages each
-
-
Cattle
:
Bulls
cows
and
oxen each
-
- -
Calves each
-
-
- - -
-
Horses each
- -
-
- -
Mules ponies or donkeys each
-
- -
Pigs
each
-
-
-
Sheep each
-
-
- -
Chalk per
ton
-
-
Cheese
per
CIVC.
-
-
-
-
-
-
Chimney
pots
each
-
-
-
-
Clay per
ton
-
-
-
Cloth
liaberdashcry
&e.
per
cwt.
-
-
-
-
Coals
per ton
-
-
Copper per ton
-
-
-
..
-
Cordage
per
cnt.
-
- -
-
Cork
per
cwt.
- -
-
- -
Crystal per
ton
-
-
-
Drugs
(in
casks
hampers
or boxes) per cubic foot
Eart!ienrvare (in
cr'itesj
per cubic
foot
-
-
-
-
Bricks per
1000 .-
-,
-
..
Dogs
each
-
- -
-
-
-
-
s.
d.
-06
-04
-02
-01
-03
-03
-16
-16
-03
-03
-30
-19
-09
-10
-02
-03
-30
-01
-36
-20
-10
-03
-10
-09
-10
-10
-03
-03
-10
-04
-02
-10
-
0
6
-06
-30
-03
-06
-50
-02
01
-02
-06
163
&
64
VICT.]
Pier
and
Harbour
Orders
[Ch.
lx.]
CortJirmation
(No.
1)
Ad,
1900.
Fish
(not sold by auction) turbot brill halibut soles cod and ling
Fish (not
sold
by auction) herrings (fresh) per
1000
Fish
(not
sold
by
auction) herrings
(salt)
per cwt.
- -
-
Fish (not sold
by
auction) oysters crabs and lobsters per half-cmt.
-
Fish (not sold by auction) (dried and salted) per cwt.
-
Fish (not sold by auction) (fresh) not enumerated per cwt.
Fish of
all
kinds (sold by anetion)
1Z.
per cent. upon the gross amount
Flax per ton
- -
-
-
-
Flour and
meal
per
4
bushels
- -
-
- -
Flour
and
md
per
cwt.
- -
-
-
-
Furniture (household) per
5
cubic feet
-
-
-
-
Fruit per bushel
-
-
-
-
-
Fuel (manufactured) per ton
-
-
-
-
Glass per cwt.
-
-
- -
Grains and seeds per
cwt.
-
-
- - -
Groceries not enumerated per
cwt.
- - - - -
Guano per ton
-
- -
-
-
-
-
Gunpowder per cwt.
-
-
-
- -
-
Hams bdcon
or
tongues per cwt.
-
-
-
-
-
Hardware per ton
-
-
-
-
Hares and rahbits per do7eii
-
-
-
-
-
-
Hay pei: ton
-
-
-
-
-
-
-
-
Hemp
per ton
-
-
-
-
-
Hides
:
Ox
cow or horse (wet or dry) each
-
-
-
-
Ice per ton
- -
- - -
-
- -
Iron
:
Bar
bolt rod and shots per ton
-
- -
-
Pig
and old per
ton
- -
-
-
Manufactured per ton
-
-
-
-
-
Pots
each
-
- - -
-
Kelp per ton
-
-
-
-
-
-
Lend per ton
-
-
- - - -
Leather tanned and dressed per
cwt.
-
-
-
-
Lime per
28
bushels
-
-
-
-
-
-
Limestone per ton
-
-
-
-
-
-
-
Machinery per ton
-
-
-
-
Manure
(not
enumerated) per ton
- -
Masts and spm
10
inches
in
diameter and upwards eacli
-
-
Masts
and spars under
10
inches in diameter each
-
..
-
Meat (fresh) per cwt.
-
-
-
-
-
-
Milk per three gallons
-
- -
-
-
-
Musical instrunierits per cubic
foot
-
- -
-
Mussels
or
other
bait
for
fish
per ton
-
-
..
-
Nets per
5
cubic feet
-
-
-
-
25
per
cwt.
-
-
-
-
-
-
-
-
-
-
realised by the sale.
S*
d
A:D.
1900.
03
OR
03
02
03
02
-
Lowestoft.
20
03
04
04
04
06
03
02
06
10
0
.6
04
26
04
16
40
01
10
16
10
26
01
20
90
03
14
06
26
04
20
16
04
01
10
04
0
ot
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
&
64
VICT.]
Con$mna&m
(No.
1)
Act,
1900.
A..D.
1900.
s.
a’.
-
”
-
-02
-
- -
-
-20
-
Oakum
per
cwt.
Oils
per ton
-
Lowestoft.
Oil cake per
toil
-
-
- -
-
-16
Oranges and lemons per cwt.
-
-
-
-
-06
Ores per
ton
-
-
- -
-
-10
Paint per
cwt.
-
-02
Peat per
ton
-
-.
-06
Perambulators each
-
-
-
-
-
-03
Pitch aud tar per cwt.
-
- -
-
-
-02
Potatoes per
cwt.
-
-
-
-
-02
Poultry and game per dozen
-
-
-
-04
Rags and old rope per ton
-
-20
Sails per
cwt.
-
-
-
-03
Salt per ton
-
-
-
-
-10
Sand per ton
-
-04
Shrimp baskets each
-
-
-.
0
2
Slates per
2.2
cubic feet
-
-
-
-03
Spirits per
54
qallons
-
-
-
-
-
-
-10
Spirits per gallon
-
-
0
oa
Steel per ton
-
-
-
-
- -
-
-30
Stones per 16 cubic feet
-
-16
Sugar per cwt.
-
-
-
-
-03
Tallow
soap
and candles per cwt.
-
-
-
-33
Tea per
56
lbs.
-
-
-10
‘riles per
1000
- -
-
-
-
-10
Tin and zinc per ton
-
-
-
- -
-30
Tobacco per
cwt.
-
-
-
- -
-08
Turnip3 per ton
-
- -
-06
Turpentine and varnish per cwt.
-
-
-
-
-02
Turtle esch
-
-
-
-26
Vegetables
(not
enumerated) per cwt.
-
-
-
-01
Vinegar per
51
gallons
-
-
-
-
-06
Vitriol per
36
gallons
-
-
-
-
-01
Water per
54
gallons
.
-
-
-03
Wine per
5.1
gallon3
-
-
-
-IO
Wincl (bottled) per gallon
-
-
-01
Per
50
feet
-
-10
Firenood and
laths
and lathaood per
216
cubic
feet
-16
Spars and
oars
per
140
-
-26
Trends and wedges per
1000
-
-26
Pipe staves and uthers
in
proportion per
120
-
-26
Wool
per cwt.
-
-02
-
-
-
-
-
-
-
-
-
-
Skins
:
Calf
goat sheep
lamb
or dog
per
dozen
-
-06
-
-
- -
- -
- -
-
-
-
-
- -
- -
Wood
:
-
-
-
-
-
-
-
-
- -
-
-
Lignum vitz and fustic logwood mahogany and rosewood per ton
-
2
0
-
-
-
-
26
L63
&
64
VICT.]
Pier
and
Harbour
Orders
[Ch.
lx.]
Co?tJirmatiort
(No.
1)
Act,
1900.
s.
d.
A.D.
1900.
-
O
Lowestof.
-
- - -
-
Yarn per cwt.
All
other
goods
not particularly enumerated
cl
*
b ove-
Light goods per cubic foot
-
-01
Heavy goods per ton
- -
-
-
-20
In
charging tile rates on
goods
the gross weight or measurement
of
all
goods to be taken and for any less weights measures and quantities
than those above specLified
a
proportion
of
the respective rates
shall be charged.
All
goods
or packages not exceeding
1
ton
Exceeding
1
ton and not exceeding
2
tons
Exceeding
2
tons and not exceeding
3
tons
Exceeding
3
tons and not esceeding
4
tons
Exceeding
4
tons
and not exceeding
5
toris
Exceeding
5
toils arid not exceeding
G
tons
Exceeding
6
tons
and
not
exceeding
7
tons
Exceeding
7
tons and not exceeding
S
tons
Exceeding
h
tons
and
not exceeding
9
tcns
Exceeding
9
tons
and not exceeding
10
tons
Exceeding
10
tons
-
-
-
-04
-06
-08
-
0
10
-10
-12
-14
-16
-
1
10
-24
-36
2.
Weigliiny
Machines.
For goods weighed for each ton or part
of
a
ton
-
-02
3.
Shed
Dues.
For
each ton
of
goods which shall remain in th'e sheds or on the other
works
of
the pier for
il
longer time than
24
hours the sum of
3d.
and the
further sum of three-halfpence per ton for each day
or
part
of
a
day
during which such goods shall remain after the first
48
hours.
For
every portmanteau trunk parcel or other article
of
passengers'
luggage for each day or part
of
a
day per package
-02
It
shall be
at
the option of the Company to ascertain the amount
of
rates
payable on goods either
by
weight
or
by measurement forty cubic feet being
held equal
to
one ton.
A.D.
1900.
Portessie.
-
Undertakers.
Incorporation
of
Commis-
sioners.
Incorporation
of
parts
of
Commissioners
Clauses
Act
184V.
First Commia-
sioners.
Election
of
C’ommissiouers
hy
ratepayers.
[Ch.
lx.]
Pier
and
Barbour
Orders
[63
&
64
V1cr.1
Confimnahz
(No.
1)
Act,
1900.
PORTESSIE
HARBOUR.
Provisioizul
Oder
fo?.
the
coizsiructioit
maintenance
and
regulation
of
a
Harbour
and
Woj*ks
ut
Yortessie
in
the
Parish
of
Rathvetz
and
Coicnty
of
Baa#.
The
Uf2dertakers.
1.
The Portesie Harbour Commissioners as incorporated
by
this Order (in this
Order called “the Commissioners
”)
shall
be
the Undertakers for carrying this
Order into execution.
hicorporation
ctnd
Coizstittitioit
of
Commi,rsioners.
2.
For the purpose of carrying this Order into execution there shall be
a
body of Commissioners not exceeding fifteen
iii
number consticuted
as
provided
in
this Order and those Conimissioners are liereby incorporated fcr the purposes
of this Order
by
the name of the Portessie Harbour Commissioners
and
by
that
name shall be
a
body
corporate with perpetual succession and
a
common seal
and
with
power to purchase take hold and dispose of lands. and other property
for the purposes of but subject to the restrictioiis
of
this Order.
3.
The Commissioners Clauses Act
1847
(except
SO
much thereof
as
relates
to
the election and rotation
of
the Commissioners where the Comrnissloners arc
to
be
elected by the ratepayers or Gther like class
of
electors) is incorporated
with this Order.
4.-(
1.)
The following persons namely Alexander Clark William Inilach
Alexander Garden Peter Smith George Farquhar William Clark John McIntosh
James Smith Alexander Smith William Simpson Peter Cowie William Smith
George Smith Wiliiam Smith junior and James Skinner Paterson shall be the
first Commiq i onus.
(2.)
The first Commissioners shall come iuto office
at
the expiration
of
fourteen days from the date of
the
commencement
of
this Order and shall go
aut
of
office on the
day
on which the Commissioriers first elected under this Order
come into office.
5.-
(1.)
The Commissioners other than the first Commissioners named in this
Order shall
be
elected by the persons paying parochial
and
other rates within
the district specified in this section as those persons appear on the valuation roll
for
the county of Banff and those persons are in this Older referred
to
as
the
ratepayer3.
(2.)
The specified district is the district hounded
as
follovs-
By
a
line startin? at the point where the Rathven Burn falls into the Moray
Thence in an easterly direction along the seashore to a p0ir.t in line with the
Thence in
a
southerly direction to tho road leading from Portessie to
Firth
west end
of
the pnrter’s lodge at Strathlene
Findoch
ty
28
[63
& 64
VTCT.]
Ph
and
HW~OW
Orders
[Ch.
lx.]
Co.nJil.mation
(No.
1)
Act,
1900.
Thence in an easterly direction along the
said
road
to
its junction with the
Thence in
a
southerly direction along the last-mentioned road to the bridge
Thence in
a
wvcstcrly direction along
the
said railway
to
the bridge across the
Thence in
a
northerly direction along the east bank of the said Rathveii Burn
A.D.
1900.
Portessie.
-
road leading
to
Kathven Public School
over the Great North
of
Scotland Railway
Rathven Rurn and
to the point of starting.
6.
The following provisions shall have effect with reference
to
the election
of
Xode
of
election
of
Commissioners
:--
Commissioners.
(1)
011
the fir& Tuesday in the month
of
Drccmbcr next following the com-
mencement
of
this Order tho ratepayers shall dpct fifteen persons to be
Commissioners and those Commissioners shall come into office on the
Tuesday next after their election.
(2)
In each year after the year
of
the first election one-third of the Commis-
sioners shall retire from ofice on the second Tuesday in the month
of
December and on the first Tuesday in the month
of
Deceinber the rate-
pajers shall
clect
five persons to be Commissioners to
supply
the places
of
the Commissioners
so
retiring.
(9)
A
retiring Commissioner shall be eligible for re-election.
(4)
The
Commissioners
to
retire from office at the expiration of the first year
after the first election shall bo those
five
who
at
the first election had the
smallest numher
of'
votes and tlie Commissioners to retire from office at the
expiration
of
thc second year
shall
be those five
13
ho had
thP
next smallest
number of votes
at
the first electian and thereafter the five Commissioners
to retire from office :hall be those who have been longest in office Where
there
has
been an equality
of'
votes the Commissioners shall themselves
decide at
a
special meeting convened for the purpose as between the
persons having an equal nuiillser
of
votes who is
to
retire from office.
(5)
The election of Commissioners shall take place at a meeting
OC
the rate-
payers
to
be convened by the Commissioners and held in the
Town
Hall of
Portessie or othcr convenient place suitable for holding the meeting.
(6)
The Commissioners shall cavse not less than seyen clear
days
notice
of
the date tiine and place of the meeting to be published by notice affixed
to
the door .of the town hall or some other conspicuous place on the outside
thereof and shail
also
publish notice by advertisement
in
any other
convenient manner.
(7)
The election at any such meeting shall be
by
show of hands.
(5)
Every candidate for the office
of
Commiesioner shall be proposed at the
meeting by
ta
o
ratepayers.
(9)
The clerk
to
the Commissioners or one
of
the Coinmissioners for the time
being
shall
act as chairman of the meeting and shall declare the number
of
votes given to each candidate and in the case
of
equality
of
votes
the
chairman shall have a second or casting vote and in case his decision
as
to
the votes is challenged he
&-hall
cause the number of ratepayers voting for
29
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
&
64
VICT.]
C0.rz;tirnzatio.n
(No.
1)
Act,
1900.
A.D.
1900.
Yortessze.
any candidate
to
be ascertained
by
taking
a
division or in some other
convenient manner.
(10)
The candidates having the greatest number
of
rotes ehall be the
Commissioners.
(11)
The decision
of
t,he chairman as
to
the result
of
the division
or
the
ascertainment
of
the number
of
ratepayers voting and
as
to the persofis
elected shall be final.
(32)
The chairman
of
the meeting
shall
report
to
tho
Coinmiqsioners the
names
of
the persons elected as Commiesioncrs.
.-
Cnm~issioner
7.
A
Commissioner
may
resign office at aiip time upon giving not
less
than
the weeks' notice in writing
of
his resignation
to
the clerk
of
the
1m7y
resign.
Commissioners.
8.-(1.)
In the event
of
a
casual vacancy occurring
in
the oflice of Commis-
sioner hy reason of death resignation failure to make
a
vdid
election or
otherwise from any cause other than retirement from offire in the regular
pourbe
the other Cornmissioners shall as soon
a5
may be thereafter
at
a
special meeting
of the Cominissioners elect
a
perscjn
to
fill
the vacancy and the Conimissioner
so
elected shall continue in office for the same period
aiid
retire from office
at
the
same time as the person whoee vacancy he
fills
wonld in ordinary course have
continued in o6ce or retired
froin
office.
(a.)
In case
of
an equality of
votes
at any such election
the
chairman
for
the
time being
of
the Commissioners shall hake a second or casting vote.
%--(I.)
The Commissioners may act notwithstanding any vacancy in their
body but if the number
of
the Comniissioners is reduced below ten they shall act
only for the purpose of causing vacancies in their body
to
be filled up.
(2.)
Every act of the Commissioners or
of
any person acting under their
authority shall notwithstanding any defect in the appointment of
or
any
disqualification
of
any person party to or doing the act be
as
valid as
if
there
had been
no
such defect or disqualification.
Rleetinp
of
10.
Half-yearly meetings of the CommiTsioners shail he held upon
the
third
Commi&~wrs.
Friday of the months of April and December
of
each year at twelve
of
the clock
noon at
a
place fixed by the Commissioners and
other
meetings shall be held
as
the Commissioners direct.
11.
The clerk to the Commissioners on requisition being made to him stating
in writing the object of the intended meeting and signed by the chairman
or
tN0
of
the Commissioners shall cause special meetings to be called within forty -eight
hours
and
to
be held nithin four days after such requisition.
c
d~Uill
vacnncie>.
Validity of
Of
missioners.
Special
meetings.
Acqziisidioi~
cf
Lurid
12.
The Lands Clauses Acts (except
so
much thereof'as relates
to
the purchase
and taking
of'
land otherwise than by agreement and to the entry upon lands
by
the promoters
of
the undertaking) are hereby incorporated with this Order.
13.
For
the purposes
of
the works auihorised
by
this Order the Commissioners
may by agreement enter on take and use such
of
the
lands shown
on
the
plan
deposited
with
reference to this Order
as
they think requisite
for
the purposes
of
those works.
30
Incorporation
Of
IAands
Clauses
Acts.
PoiTer
to
take
lands
by
lXa1
A.D.
1900.
[63
&
64
VICT.]
Pier
and
Haybour
Ordew
Con$rmation
(No.
1)
Act,
1900.
-
Portessie.
14.
The Commissioners may purchase and hold for extraordinary purposes
Lands
for
extraordinary
purposes.
15.
This
Order or anything therein contained shall not exempt the
Nuisme
nc’t
authorised.
any land not exceeding in the whole one acre.
Commissioners from any proceedings on account of any nuisance caused or
permitted by them on any land acquired by them under this Order.
Limits
atid
Works,
16.--(I)
The limits of the harbour for the purposes of this Order (herein-after
Limits
of
referred to as
“
the harbour limits
”)
and within which the Cornmissioners shall
harbn~r.
haw authority and which shall be deemed the limits to which this Order
and
the power to levy rates extend shall comprise the hxbclur works authorised by
this Order and the arcn or part
of
the Bay of Portessie outside the line of high
water mark and lying within
a
line fifty yards out from the outward side
of
the
said harbour works consisting of the pier and breakwater tho part of the linrit
parallel with and fifty yards
out,
from the breakwater being produced
in
the
same straight line landward
and
meeting the line
of
high mate:. mark
at
a
point
four hundred and forty yards measured along high mater mark eastward fiom
the centre
of
the land\vard end of the pier
at
the west side
of
the harbour.
(2)
The expression
“
harbour
*’
in
tli&
Order medns unless the context
otherwise require the harbour uithin the harbour limits.
17.
Subject to the provisions of this Order and subject. also to such alterations
Pomer
io
(if any)
in
the plan
and
sectims depqsited with reference
to
this Order
as
the
~~l~~.llct
Board
of
Trade require before the completion of the
norks
in order to prevent
injury to nnvigasion the Commiesioiiers may on the lands and in the lines and
according to the levels shnfin on the said plan ad sections and within the limits
of deviation
so
far
as
tlie limits are shonn thereon malre and maintain the t3orl;s
authorised
by
this Ordc-r.
harbour works
”)
compriss-
works.
18.
?‘lie works authoiised by this Order
(in
this Order referred
to
as ‘‘the
Descripticn
cf
(1)
h
pier (herein-after referred
to
as
“Work
No.
1
”)
commencing at or near
high-water
mark
of spring tides at a point one hundied and twenty feet
north tweiity-four degrees east from the north-west corner
of‘
the house
belonging
to
31rs.
Catherine Farquhar and -4lexnnder Farquhar bein;:
the
first house east of the junction
of
the road leading to Loanhrad Farm witti
the Shore
Road
in the village of Portessie
il11d
extending seaward
ill
the
direction of north ten dagrees mest for
a
distance of thrce hundred
zund
twenty feet thence in the tl;reetion
of
north fifioen degrees east
for
a
distance of two hundred and thirty-five feet thence
in
the direction north
forty-one degrees east for
a
distance of one hundred and ttlirty-three feet
and thence in
a
due easterly direction for
a
distance of sixty-five feet and
there terminating in the sea.
(2)
A
breakwater (herein-after referred to as
“
Work
KO.
2
”)
comniencing
in
the sea at
a
point east thirty-three degrees north and seventy feet distant,
from the tcrmination of the pier
Work
No.
1
and thence extending in
a
due
easterly diiection
for
a distance
of
one hundred and
fifty
feet and there
terminating
in
the sea about forty feet out
from
low-water line of ordinary
spring tides.
The works will be situate in the said parish
uf
Rathven and county
of
I3dnff
and in the bed of Portessie Ray and the foreshore thereof being part
of
the
31
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
&
64
VLCT.]
Co?zfirmation
(No.
1)
Act,
1900.
A.1).
1900.
Moray Firth and opposite or partly opposite the eastern portion
of
Portessie
_I
village.
Portessie.
Works
No,
1
and
No.
2
will both be constructed solid throughout.
l’oner
tQ
deviate.
19.
The Commissioners in oonstructing the harbour
warks
may
with
the
consent in writing
of
the Board of Trade deviate laterally to any extent within
the limits
of
deviation shown on the deposited plan and vertically to any extent
approved by
the
Board
of
Trade.
Penalty
for
ohstructiug
works.
20.
If any person wilfully obstructs any person acting under the authority
of
the Commissioners in setting out the lines
of
the harbour works or pulls
lip
or removes any poles or etakes driven into the gromd for the purpose of setting
out the lines
of
those works or defaces or destroys those works
or
any part
thereof that, person shall
for
each offence
be
liable to
a
penalty not exceeding
five pounds.
Powexs
to
cease
in
certain
21.-(1)
If
within two years from the commencement of this Order the
harbnnr works are not substantially commenced the powers given by
this
Order
for executing
those
works or othernise in relation thereto shall cease unless the
time for commencement is extended by the special direction
of
the Board
of
Trade.
(2)
If those works after having been substantially commenced are virtually
suspended for twelve consecutive nionths the powers given by this Order for
executing those
works
or otherwise in relation thereto
slid
cease except as to
so
much of those
morl;s
as
is
then coinpleted unless those powers are by the
special direction
of
the
Board
of Trade continued and directed
to
remain
in
force for any period not exceeding five years from the commencement
of
this
Order,
(3)
In
either
of
rhe above cases
a
certificate from the Board
of
Trade
to
the effect that the works hare not been substantially commenced or
that
they
have been virtually suspended for twelve consecutive months shall
for
the
purposes of this Order be conclusive evidence of the fasts stated in
that
certificate.
€TentE.
l’owcr
to
28.
Subject to the provisions of
this
Order the Commissioners
may
construct
and maintain
OT
take on feu or
lease
all varehouses ofices sheds veighing
coustriict
or
lease mare-
lionss
sild
machines cranes and other worlis buildings and conveniences which
rimy
be
“Iher
bniidings
found
necessary
or
convenier:
t
in connection with the works for the
accommo-
dation
of
vessels
and
trafFic
landed
in or embarked hni the harbour
or
hsrbonl-
works.
‘k.
Ercnvatiiig
roc]<
and
dredging
linrbour.
23.
Within the harbour limits
anti
for the purpose
only
of
the construction
improvement
and
maintenance
of
the harbour and the hwbour works
the
Commissioners may excavate and remove any rocks or stone
or
sliingle
or
mud
and dredge scour deepen and improve the entrances channels approaches and
site
of
the h,
‘ir
b our.
Disposal
of
rockand
dredging
&c.
24.-(1.)
All
rock end ztme sand
mud
and other materials excavated dredged
up
or
removed within the harbour limits
slid1
be
the
property
of
the
Corn-
missioners and they may sell or otherwise dispose
of
the
sanie or lay clown and
use
the same in another place within those limits
a3
they
think
fit.
32
163
85
64
VICT.]
Pier
and
€laybow
Orders
[Ch.
lx.]
Conjhnation
(No.
1)
Act,
1900.
(2.)
,411
money arising from any sale or other application of rock stone sand
A.D.
1000.
mud and other materials under this section after payment of any expenses
-
Portess
&ye-
connected therewith shall be applied as part of the revenpe of the harbour.
commenced without the consent in writing
of
the Board
of
Trade and shall be
to
,,,.o,.ks.
executed only in manner approved by the Board
of
Trade.
25.
Any works authorised by this Order below high-water mark shall
not
be
Consent
of
Board
of
Traclc
Xupplemeatal
Provisions
as
to
Mai~u!~ei~aent.
26. A
vessel shdl not anchor within the harbour limits without the consent
Vessels
not
to
anchor
within
certain
limits.
of
the Commissioners or their harbour master.
27.
The Coinmissioners or their harbour master shall have the appointment of
Meters
and
weighers.
meters and weighers within the harbour limits.
under the Harbour Docks and Piers Clauses Act
1847
make byelaws for the
bye.eln’vP*
regulation and control-
28.
-(la)
The Commissioners may in addition to thc power to make byelaws
Pciver
to
nitrkc
Of
vessels within the harbour limits
;
Of the fishermen and others frequenting or resorting to
or
employed at the
harbour within the harbour limits
;
Of
the embarking disembarking loading or unloading
of
any
goods
or traffic at
the harbour works or within the harbour limits.
(2,)
The byelaws may provide for imposing and recovering
a
penalty not
exceeding forty shillings
for
the breach
or
non-observance of any of the hyelaws.
13.)
A
byelaw under this section shall not come into operation until
it
has
received the aliowance and confirmation
of
the Board
of
Trade and that
allowance and confirmation shall be sufficient for all purposes.
Rates.
99.
When
in
addition to the certificate to be granted under the twenty-sixth
section
of
the Harbours Docks and Piers Clauses Act
1847
a certificate has also
been obtained from the Board of Trade that all consents and approvals on the
part
of
the Board
of
Trade required under this Order or otherwise necewry
to the due construction of the harbour works have been given the Commissioners
may subject and according to the provisions
of
this Order demand recover and
receive in respeci of the vessels persons animals fish goods matters and things
described in the Schedille*
to
this Order any
sum
not exceeding the rates
specified in that Schedule.
30.
If
it
is at any tkie certified in writing under the hand
of
an officer
to
be
Rlltes111aJ
appointed for the purpose by the Board
of
Trade but to be paid
by
the Corn-
~li~~~~~&
missioners
that
the harbour works hape been
so
far completed
08
to
afford
complrttd.
reasonable accommcdation for vessels and boats and for loading aucl unloading
of
fish and other goods at the harbour the Cornmissioners
may
notwithstanding
the twenty-fifth section
of
the Harbours Docks and Piers Clauses Act
1847
and
although the whole
of
the harbour works have not then been completed demand
recover and receive such of the rates or ouch proportion
of
all
or
any of the rates
specified in the Schedule to this Order as are in the opinion
of
the Board
of
Trade commensurate
to
the increased accommodation afforded.
C
33
A.D.
1900.
Portessie.
--
Rateh
for
ballitst.
Rates
for
use
of
warehouses
ac.
i'oiw
to
confer
exemp-
tions
from
rates
kc.
Revisiou
of
rates.
Master
of
fishing
vessel
to
report
take
offish.
IJarbour
master
may
prevent
sailing
of
vessels vhen
rates have
not
been
paid.
Cartain fishing
vessels
under
stress
of
weather
exempt from
rates.
Power
to
contributions
and
to
borrow.
apply
local
[Ch.
lx.]
Pier
and
Harbow
Orders
[63
&
64
VICT.]
Co.rt;firnzation
(No.
1)
Act,
1900.
31.
The Commissioners may demand and receive
such
rates as they thiul;
32.
The Commissioners may
(so
far a5 the rates specified in the Schcdule
to
this Order do not extend) demand
and
receive such rates or othcr consider,
<1
t'
1011
as they may thinki.ea.onnble
for
the use of any warehouses buildings yards
works
and conveniences belonging to
or
provided
by
them or in rcspect of any services
rendered by them in connection with the harbour.
%A.
The Commissioners
may
confer vary or extinguish exemptions from and
enter into composition with any person with respect
to
the p,iyment,
of'thc
rates
authorised by tliis Order hut
so
that
no preference be in any
case
given
to
any
person and that anything done under this section shall not prejudice the other
provisions of this Order.
proper for the supply and removal
of
ballast for the accommodation
of
vessels.
34.---(1.)
The
rates to
bc
levied by the Commissioners for the time being
under
this
Order shall be adjusted by the Commissioners wittiin the maximum
rates specified in the Schedule
to
this Order in
sucli
a
manner that
so
far
as possible the income
of'
the harbour shall not for the time being
be
more
than
is
sufficient for the purposes of this Order.
(2.)
If
at
any time
it
appears to the Board
of
Trade from
the
annual account
to
be
sent to them under this Order that the clear annual income derived from
the harbour on the arerage of the three
last
preceding years after payment
of
all
expenses and outgoings exceeds
the
amount sufficient for the purposes
of
thi5
Order that Board may if they think fit reduce the indximun rates to such sums
as
will be sulhient
to
provide the amnunt aforesaid and may
at
any time raise
those maximum rates again
so
that they do
uot
exceed the sums specified in the
Schedule to this Order.
35.--(l)
The master or owner
of
every vessel with a take or cargo of
fish
shall
on the arrival
of
the vessel within the harbour limits forthwith furnish to
the collector of rates
a
true
and
accurate statement of his take or cargo of
fish
and the name of every person obtaining delivery thereof.
(2)
If
the master of
a
vessel fails to comp?y Kith this section he shall be
liable to
a
penalty not, exceeding ten pounds.
36.
The harbour master may prevent the removal or sailinq out of the harbour
of any vessel
in
respect
of
&hich or the
goods
imported
or
exported therein any
rates are payable until evidence has been produced to
hirii
of the payment
nf
those rates to
the
collector of rates or in the case of
,z
vessel with a take
or
cargo
of fish until
the
master
oi
tl,c
vessel has furnished the statement
of
his take
or
cargo
of
fish required
by
this Order.
37.
Fishing vessels belonging to countries with wl:ich for the tinie being
treaties exist exempting from duties and port charges swh
vessels
when driven
by
stress
of
weather
to
seek shelter in the ports or
on
the coasts of the Uiiited
Kingdom shall when forced by stress of weather to make use
of'
the harkour
nnd
not breaking bulk while waking use thereof be exempt from rates leviable under
this Order.
Finance.
38.41
The Commissioners may accept and apply towards the purposes
of
this Order any moneys which
may
be
lccally
contributed by gift.
34
[63
&
64
VICT.]
Pier
and
Harbour.
Orders
[Ch.
lx.]
C~~Ji~mation
(NO.
1j
Act,
1900.
(2)
The Commissioners may borrow and reborrow at interest such money as
A.D.
1900.
may be required for the purposes of this Order not exceeding in the whole the
-
Portrssie.
sum of twenty thousand pounds on the security of the rates authorised by this
Order or they may accept and take from any bank or banking company credit
for any amount not exceeding
in
the whole the said sum
of
twenty thousand
pounds on a caFh account
to
be opened and kept in the
name
of the
Cornmissioners according to the usage of bankers in Scotland
biit
eo
that
the whole sum owing by the Commissioners on such cash account and for other
inoneg borroncd and for the time being unlnid shall not exceed in the whole
the sum of twenty thousand pounds exclusive
of
interest and the Comniissioners
may grant bonds and assignaticiis of the rates in security
of
the repayment of
the sum or sums
so
borrowed or
of
the amount
of
such credit or
of'
the
sums
advanced from time to time on such cash account wit,h interest thereon
respectively and such bonds and assignations
and
any transfers thereof iiiap be
in
the forms contained in tho Commissioners Clauses Act
1S4i
incorporated
with this Order.
arrears
of
interest or principal
or
principal and interest due
on
their mortgages
!$?i~~&cio,,
by the appointment of
a
judicial factor.
(2)
In order to authorise the appoinfnicnt of a judicial factor in respect of
arrears
of
principal the amount owing to the mortgagees by whom the
application for
a
judicial factor
is
made shall
riot
be less than one thousand
poucds in the whole.
(3)
In
Sections
86
and
87
of
the Comniissioners Clarises Act
1847
incorporated aith
this
Order the cspreision
"
receiver
"
:hall
inem judicial
factor.
40.
All
money horrowecl under this Order shall be applied only for the
Application
purposes of this Order €or which capital money niay properly be applied and not
~~~~~~~.
otherwise.
fund cot exceeding in amount for the time being the sun1 of
tvo
thmsand pounds
fund.
to
meet any extraordinary claim or demand or any. unforeseen accident or
extraordinary damage which may happen or be caused to the harbour or harbour
works and for that purpose may appropriate
and
set apart (subject to the
provisions
of
this Order as to the application
of
revenue) any amount which
they think fit in
any
year and shall
tlcposit
any such amount
in
some
joint
stock
bank
of
issue
in
Scotland to be increased
by
accumulation in the way
of
compound interest or otherwise until required for any of thc aforesaid purposes.
applied for the purposes and
in
the order following and not otherwise
:-
39.-(1)
The mortgagees
of
the Commissioners inay enforce payment of
For
appoint-
41.
'The Commissioners inay if they Lhink
fit
form and maintain a contingency
CoEtingenq
42.
The
revenue received (from rates or otherwise) under
this
Order shall be
.ip~licati(~n
of
(1)
In paying the costs
or
and connected
with
the preparation and making of
this Order
so
far as they are not otherwise provided for.
(2)
In
paging
any
feu duties or rents payable in respect
of
any
lands
or
property (if any) belonging
to
or
leased hy the Commissioners in connection
with the harbour and in paying the expenses prGperiy chargeable
to
revenue
of
the inaintenance repair management and regulation
of
the
harbour
aid
of cairying into
effect
any powers given by this Order
(inciuding the cost of borroiviiig money under
this
Order).
c2
35
rei
enne.
[Ch.
lx.)
Pier
and
Harbour
Orders
C63
&J
64
VICT.]
Coiafirmation
(No.
1)
Act,
1900.
A*D.
--
1900*
Pwtessie.
Order.
(3) In paying year by year the interest on money borrowed under this
(4)
111
making such payments (if
any)
as
the Comniissioners think fit to the
(5)
In paying
off
borrowed money and any other debts contracted or to be
(6)
In further improving and deepening the harbour and carrying into effect
Annual
43.-(1) The Comriiissioiicrs within
one
month after sending to the sheriff
clerk the copy
of
their annd account in abstract shall send
a
copy of it to the
account
to
be
sent
to
BoardnfTrade.
Board
of
Trade and the sixteenth section
of
the General Pier and Harbour
25
'
Act
1861
Ainendnient Act shall apply
to
and include any such account.
(2)
The account shall
he
rnade up to the twenty-fifth day of hIarch in each
year.
(3)
If
the Commissioners refuse or neglect to cornply with this section they
shall for each refusal or neglect be liable to
a
penalty not exceeding twenty
pounds.
Lfe-Suchay
Apparatus.
contingency fund authorised by this Order.
contracted by tho Commissioners,
the purposes
of
this Order.
c.
19.
Provision
of
for
lifeboRt
kc.
1847
shall not be incorporated with this Order.
44.--(1.)
Sections
16
to 19 of the Harbours Docks and Piers Clauses Act
(2.)
The Commissioners shall whenever required by the Board
of
Trade
prokide at ttieir
omi
expense and
to
the satisfilction of the UoarJ of Trade
a
site near the harbour
and
build on
that
site
a
house
and
other proper
accominodation for
a
lifeboat rocket apparatus and other life-saving apparatus.
(3.)
If
the Commissioners fail to cornply with this section they shall be liable
to
a
penalty not exceeding ten pounds for every month during which the failure
continues.
accommodation
if
required.
Life-shving
45.
The officers
of
the coastguard and all othw persons for the
time
being
vparatus
lnay
actua?ly employed in connexion with the lifeboat or the apparatus for saving life
be
attached
to
pier.
may either permanently
vr
temporarily
without
payment attach or cause to be
attached to any part of the harbour works spars and other apparatus
filr
saving
life and niay also either in course of using or of exercising the apparatus
for
sa\ing
life fire rocltets over the harbour works.
Lights.
As
tu
lights
46.--(
1.)
Before commencing the harbour works the Commissioners shail
during
the
constr,,c,,on
of
apply
to
the
Board
of Trade for directions
as
to the lights to be
works.
exhibited
aiid
other nieaiis to be taken for preventing
danger
to
naviga-
tion
and
shall in
all
respects obey any directions given upon "that application
or
afterwards given as to the like
matters
by the Board of Trade during
the construction
of
the works and compliance pith the directions
so
given
shall satisfy and be in place of every other statutory requirement
as
to
thozc
matters during the construction of the works.
(2.)
The Commissioners
shall
be Iiablc
to
ii,
penalty not exceeding ten pountis
for etery day during which they omit
SO
to
apply
or refuse or neglect
to
observe
any
such
directions.
36
[63 &
64
VICT.]
Pier
and
HarDou.1.
Oyders
[Ch.
lx.]
Coi$mmfioi~
(A'o.
1)
Act,
1900.
47.--(1.)
After completion or permarlent discontinuance
or
abandonment of A.D.
1000.
the harbour works the Comrnissioners shall exhibit at the outer extremity
of
the
-
works or the completed portion thereof
01:
in such other p!ace
as
may be
Portessie.
required for all
or
any part of the time from sunset to sunrise and according
to
on
n,orkr;.
the requirements
of
the trafIic
slid
the season of the year such lights
(if
any) and
tale such other steps for tlie prevention
of
danger to navigation
as
are directed
by the Cnmmbsioners
of
Northern Lighthouses and shall apply
to
those
Cominissioners
fur
such directions.
(2.)
The
Commissioners shall be liable
to
a penalty not exceeding ten pounds
for every day during which they
omit
so
to apply or refuse or neglect
to
observe
any such direction.
any part thereof the Commissioners shall lay down
such
buoys exhibit such
lights or take such other means
foi
preventing as far as may
he
danger to
of~orks.
navigation
as
are directed by tlie Cumniissiorkers of Northern Lighthouses
and
shall apply to those Commissioners
for
such
directions.
(2.)
The Commissioners sha!l be liable
to
a
penalty not exceeding ten pounds
for every day during which they omit
so
to apply
or
refuse or neglect to observe
any such direction.
ill is cell^^
eo
its.
As
to
lights
48.-(1.)
In
case
of
injury to or de-truction or decay
of
the harbour worl;s
or
As
to
buoys
of
decay
and
lights
iu
45.
All penalties under this Order shall
bc
recovered
and
applied as penaltics
R~~~,~~~~
of
are recoverable
and
applicable ander the Harbours Docks and Piers Clauses
~~~lt~~~ict,
Act
1547
and
for
all the purposes
of
that Act this Order shall be deemed the
special Act.
50.
Sections
28
and
99
of
the Ihrbours
bocks
and Piers Clauses
,4ct
1847
as
Extension
of
incorporated with this Order s!dl apply to
and
for
the benefit
of
any Govern-
merit
department in the sanie inanner as they apply to a,nd
for
the benefit
of
the
as
to
cxemp-
Government departments speciallj named
in
those sections.
27.
Tjcib)
tion
of
Govern-
iiwii
t
officers.
A?.
This Order sliall iiot be taken as
a
consent
to
the surrender
of
any rights
Saving
rights
under Crown
interests powers authorities
or
privileges transferred to the management
of
the
Lands
Act
B0a.i.d of Trade by the Crown
J~lnds
Act
18SG
nor shall
any
works under this
1866.
Order
be
conmiencod within limits affected
by
any such rights interests
powers ;tiithorities
or
privileges xsithout the consent
of
the Board of Trade.
52.
Nothing contained in this Order
or
to
be done under the authority thereof
Saving
rigtits
shall
in
any manner affect the title to any of the.
su'hjects
or any rights or
under
cro,vl,
authorities mentioned in
0:'
reserved
by
Scctions
21
and
22
of
the Crown Lands
Lands
Act
of
Crown
29
R:
30
Viet.
c.
62.
Act
1866
and beloiging
to
or
exercisable on behalf of Her Majesty.
53.
All
costs charges and expenses
of
or
incident to the preparing and
costsofO,.dcr.
Cbtainiilg
c.f
this Order and otlierwise incurred
in
reference thereto
shall
be paid
1)y
the Commissioners.
54.-(1.)
This
Order
may
be cited
as
the Pcrtessie Harbour Order
1900.
Short
tit!e
and
commeuce-
(2.)
Ttiis
Order shall
come
into force upon the
day
when the Act confirming
mcllt.
this Order
is
passed and that day
is
in this Order referred
to
as
the
conimencement
of
this Order.
c3
37
AD.
1900.
Portessie.
[Ch.
1x.J
Pier
and
Harbour
Orders
163
&
64
VICT.]
Col?fi~mntion
(No.
1.)
Act,
1900.
The
SCHEDULE
to
whicli
the
foregoing
Oder
refers.
1.
--Rams
OS
VEsslr~s
EX~LUSIVE
OF
THEIR
CARGOES.
2
s.
d.
1.
Vessels loading or discharging at the
liarbour
-
PPI
register ton
0 0
4
2.
Pleasure yachts not carryin:
goods or
passengers for hire
per register tori
0
0
3
3.
Vessels entering the harbour fer safety
or
mind-bound and which
shall
not load or unload any
goods
or
cargo per register t>on
0
0
2
[Vessels
remaining in the harbour beyond one month
shall
be liable in repetition
of
above rates
far
every month
or
part
of
a month
they
inay
remain beyond the first
month.]
II.--RATliS
ON
nOATS
AND
OTIICK
FISHTXG
VESSELS.
1.
Boats
or vessels employed
ar,
the herring
fishery
at the harbour
for the herring fishing season payable on or before the
26th
July
:-
If
under
thirty
tons register
-
-
-
each
1
0
0
If
thii
ty
tons
register
or
abovc -
-
-
),
150
2.
Boats
or
vessels prosecuting the white
or
other fishing other than
the herring fishing
at
the harbour
:-
If
manned by six hands or more-
From the
1st
October
to
1st
Jpnuary
-
-
each
0
10
0
,,
1st
J;lnunry
to
1.t
Aplil
-
-
,)
0
10
0
,,
1st
Aprii
to
1st
July
-
-
,,
0
10
0
..
If
mauned
by
less
than six
hands
for each
of
those periods
3.
Boats
or
vcssels
not employed
at
the regular fisliings at the
harbour
as
above but which shall
load
or
discharge herrings
or
other fish on elitering the harbcur each time
-
each
0
2
0
4.
Boats
or
fishing vei.,sels loading or discharging
any
other
cargo
than fish
on
entering the
hdrbour
each time:-
each
0
5
0
-
If
under thirty
tons
register
-
each
n
3
0
If
thirty tons register
or
above
sanie
as
other trading vessels.
3.
Boats and
fishing
vessels
coming into the
harboitr
for
safety
or
wind-bound
but
which shall not
lead
or
unload
any
fish
or
other
cargo each time
:-
If
under thirty tons register
-
-
-
each
o
1
o
If
thirty
tons
or
above and undrr fifty tons
-
-
,>
U26
If
fifty tons
or
abore
same
as
trading vessels.
G.
Boats and
fidiiilg
vessels
fitting
cut
for or returning
from
other
fishing stations not paying
dues
as ahre including dues on
furniture
-
-
-
e;ich
0
2
6
[63
&
64
VICT.]
Pier
and Harbour
Orders
[Ch.
1x.l
Co.rzfirmation
(No.
1)
Act,
1900.
I~L-RATEs
ON
GOODS
SIIIPPED
'rllANSHIPPED
OR
UNSk1IPPJ:D
ON
THE
A.D.
1900.
-
HARDOUK
WORKS.
Portessie.
Articles
of
Export
or
Import.
-
Ale and beer
-
Alum
Anchors
Ashes
Asphalte and bitumen
Aerated water
(all
kinds)
-
Bacon
or
hams
Ballast
Barilla
Bark oak
Barley and all otlier groats
-
Barrels (empty herring)
Baskets under
12
inches diameter
Bapket rods
Beef
or
pork (fresh or
salt)
Beer (black
or
spruce)
Billiard table
Biscuits
-
-
Blacking
-
Bleaching
salts
-
Blubber
Bones (crushed
or
uncrushed)
-
Books and stationery
Bottles
Hoxwocd
-
Bran
Brass
Bricks
-
Brimstone
Bristles
Brooms (common)
-
Bulrushes
Butter
Boxes (empty)
-
-
Candles
Canvas
-
-
39
,,
(bottled)
-
,,
above
,,
Y,
-
,,
(broken)
-
Carpets
rugs
and upholstery articles
Cane reeds
-
Carboys
(empty)
Carriages with springs under
5
cwt.
-
-
7,
5
cwt. and under
74
cwt.
-
99
Y,
10 cwt. nnd above
Carrots
-
-
74
cwt. wid under
10
cmt.
.
~ Weight
or
Measure.
1
Rates.
Casks
boxes
sacks and kits (empty) except
returneci empties as provided for
in
the
notas
to
this
schedule
-
.
E
c4
per
3
gallons
per
gross
2
per.
cwt.
-
pel
tori
-
per
ton
-
per
ton
-
per
ton
-
per
tun
-
per
ton
-
per
ton
-
per ton
-
per
tori
-
each
-
per
dozen
-
per
dozen
-
per cmt.
-
per ton
-
per
3 gallons
per
cwt.
-
per
ton
-
per cwt.
-
per cwt.
-
per
252
gallons
per
ton
-
per
cwt.
-
per
gross
-
per
ton
-
per
cwt.
-
per
ton
-
per ton
-
per 1,000
-
per
ton
-
per cwt.
-
per
dozen
-
?er
cwt.
per cwt.
-
?acli
per
ton
-
?er
cwt.
-
')er
ton
-
)er
cwt.
-
3:tch
:ach
-
-
mh
-
rach
:ach
-
per ton
-
:ach
s.
d.
10
50
20
13
1%
34
02
so
26
20
0.
J
0
6
10
02
36
02
02
3
0
06
30
16
04
04
06
0
12
10
20
0
10
20
09
02
02
03
01
36
02
26
02
01
30
5.6
'76
10
0
10
0
04
0
1%
0
2a
01
30
[Ch.
lx.]
Pier
and
Hurbour
Oders
[63
&
64
VICT.]
Confirmation
(No.
1)
Act,
1900.
AD.
1900.
il'ortessie.
I_
Articles
of
Export
or
Import.
I
Weight or
Measure.
Xates.
-
-
-
-
-
-
-
-
-
Cattle
:-
Bulls
cows
and oxen
Calves
-
-
Horses
-
Ponies under
12
hands
-
Asses
or
mules
-
Pigs
-
Sheep nnd
lamix
Sinal1
cattle and ponies
from
Orkiicj-
Shetland
-
Cement
Chalk
Cheese
-
Chim nep
t
011s
-
Chocoln
te
Cider
-
Cinders and charcoal
-
Clay
viz.
china
or stone
P!ap
pipes
Clocks
Clothing haberdashery
silk
mercery
&c,
Coala
-
Cocoa
-
Cocoa
nuts
Coffee
-
C'oke
-
Confcctions
of
all
kinds
-
otherwise enumerated
copper
>?
(OW
-
,,
ore
-
Copperas
Colours
Cordage
,,
old
not in use
Cork
wood
and
corks
Corn
and
meal
viz.
:-
Barley and
bigg
Bere
and
meal
-
Beans
-
Iudian
corn
-
Mzt
-
Oats
-
-
Oatmeal
-
-
.Peas
-
Rye
Wheat
Cot
ton
wool
&c.
-
,rystzl
-
Cut&
-
-
Drugs
-
Dung
-
Earthenware
-
Eggs
-
Emery
and
emery stones
-
Esathers
meal
- -
ri
D"RS
-
40
per
ton
per ton
per
ton
per
ton
per
ton
per
ton
each
per
cmt.
per
lon
I
-
each
-
-
j
eacIi
-
-
I
each
-
I
each
-
-
each
-
j
each
-
each
-
I
each
-
per
tori
-
-
1
per ton
-
-
I
per
tou
-
-
~
mil
-
percmt.
-
-
~
per
3
galions
-
per
ton
-
-
per
ton
-
-
per ton
-
-
each
-
-
per ton
-
-
per ton
-
-
I
per
cwt.
-
-
~
per
100
-
-
I
per cwt.
-
-
1
per ton
-
-
pf?r
ewt.
-
-
I
per ton
-
-
I
per ton
-
-
per
toil
-
-
per cmt.
-
-
per
cwt.
-
-
j
pel;
ton
-
-
pel ton
-
-
,
per
ion
-
and
,
not
I
I.
i
S.
d.
-I
0
G
0
1
_I
10
06
-1
1
0
03
-1
0,3
08
-1
1
G
1G
2G
03
0
!>
-I
0
1
-I
00;
YI
10
-,
1
0
-1
10
14
16
14
1
4-
1G
28
14
16
16
14
1G
50
50
34
06
04
04
26
0
3
03
10
0
[63
&
64
VICT.]
Phr
and
Harbour
Orders
[Ch.
lx.]
ConJirrnation
(No.
1)
Act,
1900.
-
-_
Articles
of
Export
or
Jmport.
I
I
A.D.
1900.
--
I
Weight
or
Measure.
I
Ratea.
Portessie.
Felt
Fish
dried
-
,)
pickled
01
saltcd
:,
fresh
haddock
cod ling
and
fish
))
large fresh
cod
ling and skate
Elax
Flour
Flower roots
-
Flint stones
Fruit
riz.
:-
enumerated
$,
offal
Apples
pears
and
herries
-
Plum cherries and grapes
-
-
Melons
Peaciie.;
-
All
not entimerated
-
Furniture household
Furriers’
waste
Clanif:
-
Ginger
Glass
of
all
descriptions
-
Glue
Grates
stores
&c.
Grease
Groceries
all
kinds not enumeratcd
Gunpowder
-
Guano
,,
prrsened
Hardware
Hats
-
Bay
-
Hemp
-
Herrings fresh iniported or exported
Hides raw
Honey
-
Hoops
of
wood
-
Hops
-
Horns dugs
and
tips
Husbandly
iiiiplements
Iron
viz.
:-
-
,,
curecl
),
9)
Bar plate bolt and rod
Forged made work
and
hoops
Old
Old
and
broken goods
Cast-iron
goods
Wire
-
Pig
-
-
Kelp
-
-
Kiln pavemerit
-
Lard
Lead
-
),
black
-
I?
ore
not
per ton
-
per cnt.
-
-
per
cwt.
-
per ewt.
-
-
per20
-
per ton
-
per
cwt.
-
per
ton
-
per
cwL,
-
per
ton
-
-
-I
-1
-i
-I
per cwt.
-
-
per
cwt.
per
cwt.
-
per 100
-
per
101.
value
-
per
101.
value
-
per ton
-
-
per head
-
per cwt.
-
per cwt.
-
-
percmt.
-
-
per cwt.
-
per ton
-
-
per
ton
-
per cwt.
-
-
per cmt.
-
per ton
-
per cmt.
-
per ton
-
per
cwt.
-
-
per dozen
-
per ton
-
per
ton
-
per
374
gallons
-
per 26# gallons
-
per cmt.
-
per cwt.
-
per 1000
-
per cmt.
-
per 1000
-
per ton
-
~
per
ton
-
,
per
ton
-
’
per
ton
-
per ton
-
per
ton
-
per
CWL.
-
per ton
-
per
ton
-
per 30feet
-
-
per ton
-
pel ton
-
per
ton
-
per
toll
-
-
s.
d.
26
03
02
02
04
06
02
28
02
06
03
04
02
02
0
10
10
,
04
01
03
06
02
04
36
26
03
03
16
20
02
06
16
36
04
02
02
03
0
10
06
18
14
0
49
20
34
13
06
26
02
10
10
04
20
20
20
-
99
41
[Ch.
1x.J
Pier
and
€&arbour
Orders
[63
&
64
VICT.]
Com$rmatiort
[.No.
1)
Act,
1900.
A.Y.
1900.
-
~
Articles
of
Export
or
Import.
Portessie.
._
Lead red
ad
white
,,
shot
,,
sugar
of
-
Leather tanned and dressed
Lemons
Lignum vitz
-
Lime
Loam
Machinery
-
Manures manufactured and not otherwise
enumerated
-
Mats and basses
-
Mill waste
-
Molaeses
-
Mussels
-
Nuts
all kinds (except cocoa)
-
Oakum
Ochre
-
Oil of all kinds
-
Onion8
Oranges
Oysters
-
Peats
Paper
-
Pemtcr
Pianoforte
-
Pictures under
2
feet square
,,
,,
4
feet and upwards
,,
cakes
-
-
7,
(OW
-
-
2
feet and under
4
feet
Pigs’
head
-
Pipes
drain under
3
inches diameter
,,
above
,,
collars
-
,,
spigot and faucet
clay
glaxed
-
Nom.--Urain tiles and mugo one-third less.
Pipes tobacco
-
Pitch
-
Plaster of Paris
Plants nursery and garden all kinds
-
..
Porter
-
Potatoe;
Z’oultry
all
kinds
-
-
Provisions preserved all kinds
-
Pumice stone
-
Raga
Rice
-
Rosin
Saddlery all kinds
-
Salt
in
bulk
-
-
,,
(bottled)
-
,,
rock
-
-
-
,,
saltpetre and Glauber
sall
,,
in barrel including dues
of
barrel
-
Salmon
Weight
or
Measure.
per ton
-
per ton
-
per cwt.
-
percwt.
-
per cwt.
-
-
-
per ton
-
per
ton
-
per ton
-
per
ton
-
per ton
-
.-
per dozen
-
per
ton
-
per
ton
-
per ton
-
per
cwt.
-
per ton
-
per cwt.
-
per ton
-
per ton
-
per cwt.
-
per cmt.
-
per cwt,.
-
per
ton
-
per cwt.
-
per ton
-
per
ton
-
per
101.
value
each
-
each
-
p”’
1000
-
each
per
cwt.
-
per
1000
-
per
1000
-
per ton
-
per cmt.
-
per cmt.
-
per ton
-
per
cwt.
-
per
3
gallons
per
gross
-
per
ton
-
aach
-
per cwt.
-
per cwt.
-
per ton
-
per cwt.
-
per ton
-
per cwt.
-
per
ton
-
psr
ton
-
per
ton
-
per ton
-
per
cwt.
-
Rates.
s.
d.
20
30
02
03
04
30
06
04
02
16
01
26
20
06
03
30
34
20
03
02
03
03
02
20
18
10
06
10
20
0
6
09
03
10
04
02
28
04
10
10
01
02
03
20
02
26
03
10
09
34
14
06
0
14
0
0%
0
og
[63
&
64
VET.]
Pier
ancl
Harbour
Orders
[Ch.
lx.]
Con$mmfion
(No.
1)
Act,
1900.
___._~__
-
-
______
-
-
._
--
-
I
I
A.D.
1900.
-
-
-
-
-
-
Articles
of
Export
or
Import.
per
con
-
05
per ton
-
26
per ton
-
03
per
ton
-
05
per
ton
-
02
per
100
running fret
1
6
,
Weight
or
Measure.
Rates.
I
,
-
each
-
-
per cwt.
-
-
each
-
-
each
-
per
ton
-
-
-
per cwt.
-
per
ton
-
I
-
1
per ton
-
-
~
per ton
-
-
1
per ton
-
-
I
per
ton
-
-
Portessie.
09
30
30
02
04
06
IO
18
18
02
20
Seed viz.
:-
Rape and flax
-
Clover
-
Ryegrass
Shoes
of
all kinds
-
Sheep skins with wool
-
,,
pelts
-
Slates large
-
,,
sizeable
,,
sniall
-
Snuff’
Soap
-
Soda
Spades or
shovels
Spirits
of
a11 kinds
-
Starch
-
Steel
Straw
-
Stones
viz.
:--
Freestone building
-
Polished granite
-
Causeway granite
Kerb pavement and building
Rubble and chips
-
Rigging stones
-
Flagstones
-
Gravestones
Marble
-
Scythe
stones
-
Grindstones
-
Millstones
-
All other descriptions except
fliilt
stucco
-
Sugar
all
kinds
Stoneware all kinds
-
Tallow
Tanners’ waste
-
Tar coal
Tea
-
Tiles roofing
-
Tiri
of
all
kinds
-
Tobacco in leaf
-
,,
Archangel
,,
plates
-
,,
manufactnred
-
,,
stalks
,,
pickled
-
Tongues smoked
Toys
-
-
Tree-nails
Turnery
-
Turnips
-
Twine
Tow all kinds
-
Vases or sculptured marble
Vincpr
Vitriol
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
per cwt.
-
-
per cwt.
-
-
par ton
-
per ton
-
per cwt.
-
per cwt.
-
-
per
1000
-
per 1000
-
per 1000
-
per cwt.
-
per ton
-
per ton
-
per
ciozen
-
per gallon
-
per
cnt.
-
per ton
-
per ton
-
per ton
-
10
per
2G+
gallons
-
02
per
1000
-
10
per ton
20
per ton
-
20
per
CNt.
-
-
0
24
per
1OOlb.
-
per cwt.
-
03
per
cwt.
-
-
04
per 1000
-
16
per cwt.
-
per
3
gii~ons
per gallon
-
-1
0
c+
per
39
gallons
per cwt.
-
-1
0
6
pcr dozen
-
per
cwt.
-
-1
0
3
per
101.
value
-1
010
per
ton
-
pcr ton
-
per cwt.
-
1
s.
d.
01
03
34
30
03
02
14
0
10
06
06
20
16
01
[Ch.
lx.]
Pier
and
Harbour
Orders
[63
&
64
VICT.]
-
Articles
of
Import
and
Export.
Portessie.
Varnish
Veneers
all
kinds
--e
Vegetables
-
Wiialebone or whale
fins
-
Wheels coach carriage
or
cart
Whitening
Willow
reeds
Wine
-
-
,,
bottled
NTo3d
viz.
:-
-
Herring barrel billets
-
Herring barrel staves
All
other
kinds
not
enuiner:it,ed
-
Wool
-
Yarn
viz.
:-
Lint.
and
cotton
-
Hemp
-
Worsted
-
ziuc
-
Weight
or
Meamre.
per cwt.
-
per cwt.
-
-
per
ton
-
per
ton
-
per pair
-
per ton
-
per
cwt.
-
per gallon
-
per gross
-
per
ton
-
per 1000 superficial
per
11.
wlue
-
per ton
-
per ton
-
p2r
ton
-
per
ton
-
per
ton
-
feet.
Hates.
s.
d.
03
04
06
34
09
0
10
02
10
10
14
34
46
36
46
20
0
O$
e4
All
goods
or
articles not enumerated
in
the
foregoing
schedule per
cmf.
2d.
Notes
tuitli
reference
to
the
jLoi*eyoiizg
Schedule.
1.
All empty boxes barrels sacks and packages 'returned to oyiginal shipper
within three months
from
the date
of
import are exempted from rates.
2.
All
goods
landed
f?om
any vemi and reshipped in the same
or
another
vessel in the original packages and without being transferred
from
the lander
or
if
the said
goods
have been put
into
other packages
from
the original packages
having been destroyed
or
damiged
shali only
pay
rates on landing and may be
reshipped in the same or
another
vessel upon her departure outwards without
paying rales again.
3.
The
pmonal
lugqage
of
each passenger landing from any vessel within
the harbour not exceeding
two
huiiciredweight
in
weight shall
be
exempted from
rates.
4.
If
any
goods
for
which rates shall have been paid when loaded shall from
any
accident or otherwise be iinloatled
no
rates shall be charged
a
second time
for
such goods
on
being reloaded.
5.
Goods
of
all descriptions rated
by
weight shall
be
charged according to
gross weight fractiorial parts
of
any weight
n.easure
number or
due
shall
be
charged proi)ortionally arid the minimum charge
for
a
single
package
shall be
one
penny.
44
[63
&
64
VICT.)
Pier
and
Harbour
Orders
[Ch.
lx.]
Con$rmalion
(ivo.
1)
Act,
1900.
IV.--RATES
FOR
THE
usic
OF
SHEDS
CRANES
WEIGHING MACHINES
A.U.
1900,
WARPS
&C.
(1.)
Xheds.
For each tori of goods which shall remain in any shed or
on
any quay or pier
for
a
longer time than twenty-four hours the sum
of
threepence and the further
sum
of
three-halfpence per ton for each day or part
of
a day during which such
goods shall remain after the first forty-eight hours.
(2.)
C'raiies.
All goods or packages not exceeding
one
ton
-
-
-
Exceeding one ton and not exceeding
two
tons
-
Exceeding two tons and not exceeding three tons
Exceeding three tons arid not exceeding four ton?
Exceeding four
tons
and
not
exceeding five tons
-
-
Exceeding five tons and not exceeding six tons
-
Exceeding six
tons
and not exceeding seven tons
- -
-Exceeding seven tons and not exceeding
4ght
tons
Exceeding eight tons and not exceeding nine tons
Exceeding nine tons and not exceeding ten tons
Exceeding ren tons
-
- -
-
-
-
-
-
-
-
-
-
s.
d.
-03
-04
-06
-08
-
0
10
-10
-12
-14
-18
-20
-30
(3.)
FV2iyohii2.q
Machines.
For potatoes salt and coals
-
-
each ton or part ofa
ton
0
4
Other
goods
-
-
-
per ton or part of
a
ton
0
6
Gocds
in quantities
of
twenty tons and upwards
of
same cargo per ton
0
3
-
(4.)
Tliiiys
or
€'lads.
Harbour warps all vessels
- -
per register
ton
0
OQ
Harbour planks
long
-
-
per pair
3
0
Harbour planks short
- -
- -
per pair
1
0
-
-
The long planks to be paid for by vessel and short planks by
merchant.
(6.
j
Harbour
Lights.
E'or
every fishing boat under thirty tons payable in advance per
seasoii 2
6
For
every fishing boat
30
tons or above payable in advance per season
-
6
0
For all other boats
-
I
-
each
0
6
45
-
-*
Por
tess
ic.
[Ch.
ix.]
Pior
and
Harbowr
Orders
f63
&
64
VET.]
Con$l*?ltation
(No.
1)
Act,
1900.
A.1).
1900.
s.
d.
FOT
every ship under one hundred tons register
-
each
2
0
Portcssie.
-
For every ship one hundres tons register or
above
-
-
each
2
6
But rates for lights
shall
only
be demanded and received
so
long
as
a
light
or
lights
are duly exhibited during the proper hours.
(7.)
Beaching
Grouizd.
by the Commissioners payable
in
advance per season
-
-
each
10
0
For every
boat
beached
or
laid
up
on ground provided for
the
purpose
Printed
by
EYRE and SPOTTISWODDE,
T.
DIGBY
PIGOTT,
Esq.,
C.B.,
the
Queen's
Printer
of
Acts
of
Parliament.
FOR
hiid
to
be
purchased, either dircrtly
or
through
anx
Bookseller, from
EYRE
AND
SPOTTIS\VOOI)E, EAST HARDING STREET, FLEET STREET,
E.C.
;
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90,
WEST
SILE
STREET,
GLASGO~Y
;
or
JOHN
DfEXZIES
8i.
Co.,
ROSE STREET,
EDINBVRGII,
and
HODGES, FIGGIS,
&
Co.,
LIMITED,
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