Teignmouth Harbour Act 1853

Publication Date:January 01, 1853
Teignmouth Harbour Act 1853

(16 & 17 Vict.) c. xxxvi

An Act for the Maintenance and Regulation of the Harbour of Teignmouth and the Navigation of the River Teign, and for other Purposes.

[14th June 1853]

ANNO DECIMO SEXTO * -***#$*$*HHMt*****#'f^ Cap. xxxvi. An Act for the Maintenance and Regulation of the Harbour of Teignmouth and the Navigation of the River Teign, and for other Purposes. [1.4th Jw^ 1853.] HEREAS by the (Local) Act, 6 William the Fourth, 6 Chapter 42, Commissioners were appointed for improv- c ing, maintaining, apd regulating the Harbour of Teignmouth and the Navigation of the River Teign in the County of I)evon, and were empowered to define the Limits of the said Harbour, and to levy certain Rates, Tolls, and Duties in respect of Vessels coming into the said Harbour of Teignmouth from the Sea, or navigating the said Harbour, and in respect of Goods, Wares, Merchandise, and Commodities imported or exported to or from the said Harbour, and tp apply the same for the^Cons^erva^(c^of the^said" Harbour; and the Commissioners thereby appointed proceeded to execute the said Act, and have borrowed under that Act Sums of Money,, of which Five thousand six hundred Pounds remain unpaid : And whereas the Trade of the District to the Westward of the Entrance pf the River Exe from the Sea has .increased,, since the passing of the said Act, and a :siipernumerary Port, with Bonding Privileges for Custom House Purposes, has been established for the Convenience thereof: And whereas the Harbour of Teignmouth as defined by the [Local.'] 7 K Commis- 590 16 VICTORIA, C^.xxxvi. The Teignmouth Harbour Acty 1853. Commissioners under the Powers of the said Act is wholly within such supernumerary Port, and is to the Westward of and without the River Exe: And whereas the Mayor, Aldermen, and Citizens of Exeter claim' to be entitled to receive certain Petty Customs Duties or Sums of Money commonly called Town Dues in respect of Goods, Wares, and Merchandise the Property of Persons not free of the City of Exeter imported into the said Harbour of Teignmouth ; And whereas such Town Dues are inconvenient, and ill adapted to the Trade of the said Harbour and District: And whereas it is expedient that the Rates, Tolls, and Duties authorized to be levied by the said recited Act, and the said Petty Customs or Town Dues, should be altered, modified, and regulated as herein-after mentioned, and that other Rates, Tolls, and Duties should be substituted in lieu thereof, and that further Provision should be made for the Maintenance, Regulation, and Conservancy of the said Harbour, and that the said Act should be repealed: And whereas such Purposes cannot be effected without the Authority of Parliament: May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows ; (that is to say,) ^ h Short Title. ! That this Act may be cited for any Purpose as " The Teignmouth Harbour Act, 1853." S Commence- II. That this Act shall commence and have effect on and from the ment of Act. Wednesday in the Week next after the passing thereof. L M Limits- of III. That this Act shall be put in force within the present Limits Act of the Harbour of Teignmouth, which Limits extend from the Boundary, Stone marked T. H. B. on the Beach in the Parish of East Teignmouth, about One hundred Yards East of the Lighthouse, to the Boundary Stone at the Foot of the Ness in the Parish of Saint Nicholas, also marked T. H. B., and comprise all Places between those Points so far as the Tide flows and the River Teign, and all Places within the Navigation of the River Teign as high as the First Lock of the Stover Canal. / - Terms. Interpreta- IV, That the following Words and Expressions in this Act have ^£nJ?f ^e following Meanings, unless there be something in the Subject or Context repugnant to such Construction; (to wit,) The Expression "the Admiralty"'means the Lord High Admiral of the United Kingdom of Great Britain and Ireland, and also the Commissioners for executing the Office of Lord High Admiral of the said United Kingdom: The 16 VICTORLE, C^.xxxvi. 591 The Teignmouth Harbour Act, 1853. s The Expression " the old Commissioners" means the Commissioners for carrying the recited Act into execution: The Expression " the Commissioners" means the Commissioners for carrying this Act into execution: The Expression "the Town Dues" means the Petty Customs Dues or Sums of Money claimed by the Corporation of Exeter', as in this Act recited: The Expression " Ballast Lighter" means any Lighter, Barge, Boat, or other Vessel used for receiving or conveying Ballast: The word "Ballast" includes Stone, Gravel, Sand, Clay, Earth, Soil, and other Materials and Substances used as Ballast: The Word "Rubbish" includes Ballast Wreck,'Ashes, Filth, and other waste Materials and Substances. Words Session are assigned by the Acts wholly or partly incorporated with this Act, -"gts^s j^ ,s and to which Meanings are not otherwise assigned by this Act, have as in Actsin-in this Act the same Meanings as are so assigned to them respec- £orPoi;^ea tively ; and the Expression " Quarter Sessions" in those Acts means, for the Purposes of this Act, the General or Quarter Sessions of pu.arte^ the Peace held at Exeter for the County of Devon. VI. That from and after the Commencement of this Act, but Recited Act subject to the Powers, and Provisions of this Act, the recited Act repea e " shall be and is hereby repealed, VIL That " The Commissioners Clauses Act, 1847/* except the io&iiVict Clauses thereof with respect to the Election and Rotation of the corporated Commissioners, where the Commissioners are to be elected by the with this Act Ratepayers or other like Class of Electors, shall be incorporated with this Act. X* VIII. That the Commissioners for executing this Act shall be "Teign- called " The Teignmouth Harbour Commissioners," and shall have moutk Har- Power to purchase, take, hold, and dispose of Lands and other Pro- missioned" perty for the Purposes but subject to the Restrictions of this'Act, and to execute to put this Act in all respects into execution. _____^_ IX. That the Persons who at the Time of the passing of this Act First Corn-are the old Commissioners, and the Survivors of them, and Two Persons m^8SI0nei's to be from Time to Time appointed as by this Act provided by the remain in Admiralty, together with Thomas William Bishop Hatchings, Samuel Office until Wills Hatchingsj Arthur Owen, and John Bartlett Mansfield, and such Persons (if any) as the said Commissioners from Time to Time appoint under this Act to supply Vacancies in their Number, shall be the 592 16 VICTORIA, Cap xxxvi. The Teignmouth Harbour Act, 1853. until j Thursday in September One thousand eight hundred and fifty-six, and shall then retire from Office, but shall, if qualified, be eligible to be elected as new Commissioners: Provided always, that the Two Commissioners appointed by the Admiralty shall not so retire from Office. When Num- X. That if at any Time before the Third Thursday in September C^mmfe-8' ^ne ti10^11^ e*ght hundred and fifty-six the Number of the first sioners are Commissioners shall be reduced below Eighteen, the first Commis-reduced be- sioners shall from Time to Time appoint so many qualified Persons to Vacancies to supply the Vacancies as shall be requisite to keep the Number of the be supplied, first Commissioners up to Eighteen: Provided always, that the Validity of the Proceedings of the first Commissioners shall not be dependent on their Number being below Eighteen. Appointment XI. That on and after the Third Thursday in September One of Commis- thousand eight hundred and fifty-six Two Persons from Time to Time 1856. appointed as by this Act provided by the Admiralty, and the Lord for the Time being of the Manor of East Teignmouth or his Nominee, and the Lord for the Time being of the Manor of West Teignmouth or his Nominee, and the Owner for the Time being of the Stover Canal or his Nominee, and the Owner for the Time being of the Hackney Canal or his Nominee, and Four Persons from Time to Time elected as by this Act provided by the registered Shipowners, and Eight Persons from Time to Time elected as by this Act provided by the Harbour Ratepayers, shall be the Commissioners: Provided always, that whenever there are several Persons who together are the Lord or Owner of any One of those Manors and Canals, then their Nominee, instead of themselves, shall be a Commissioner in respect of such Manor or Canal. ^ Appointment XII. That the Admiralty from Time to Time may appoint Two Comnris-* ^ qualified Persons to be Commissioners, and at Pleasure remove any sioners. Person so appointed; and all such Appointments and Removals shall be made in Writing under the Hand of the Secretary of the Admiralty; and an Entry of every such Appointment and Removal shall be made in the Minutes of the Proceedings of the Commissioners. Nomination XIII. That the respective Lords for the Time being of the West of Commis- , 4.: tww,~~ *£ t?* c^A Ht sioners by Lords of Manors and Canal, may from Time to Time nominate One qualified Person to be a Owners of ? J Canals; Owner revoke any such Nomination; and every such Nominee shall accordingly be a Commissioner in the Place of the Lord or Owner whose Nominee ke is; and all such dominations and Revocations respectively shall be made 16 VICTORIA, C%?.xxxvi. 593 .The Teignmquth Harbour Act} 1853. Wr Act annexed ,and be signed by the Person or Persons making the same, and be delivered to the Commissioners ; and an Entry of every such Nomination and Revocation shall be made in the Minutes of the-Pro-ceedings of the Commissioners. XIV. That whenever any such Person is an Infant, or an Idiot, or by their Lunatic, or Non compos mentis, his Guardian or...

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