No Entry to be made on Lands XII. And be it enacted, That no Entry shall be made on until Compen- any Land for the Purpose of executing any of the Works sation is agreed authorized as aforesaid, except with the Consent in Writing of the Proprietors thereof, until the Amount of Compensation for the Damage to be occasioned by such Entry, and by the Execution and Maintenance of the Works authorized as aforesaid, shall have been agreed upon or ascertained as the Case may be, and paid, under the Provisions herein-after contained. upon. So much of 8&9 Vict. c. 19. as to Compencorporated with sation, &c., in this Act. Power to She cation, to give Authority to XIII. And be it enacted, That the Compensation to be paid for the Damage or Injury to any Lands, Property, or Rights which may be entered upon, cut through, interfered with, or affected under any such Order of the Sheriff as aforesaid, may be agreed upon with the Persons and in the Manner provided by "The Lands Clauses Consolidation (Scotland) Act, 1845," with respect to the Purchase of Land otherwise than by Agreement; and all the Provisions of "The Lands Clauses Consolidation (Scotland) Act, 1845," in so far as the same are not inconsistent with this Act, shall be incorporated with this Act, and shall apply thereto, and to the Works and Purchases to be authorized by the Sheriff, in such and the same Manner as if the Works and Purchases which shall be authorized by the Sheriff had been set forth and authorized to be executed and made by this Act; and the Persons making the Application to the Sheriff shall be deemed the Promoters of the Undertaking: Provided always, that in estimating the Amount of any Compensation to be paid as aforesaid it shall be lawful to take into account the Benefit which, in consequence of the Operations authorized to be executed, may accrue to the Party claiming Compensation, or to the Lands, Property, or Rights proposed to be interfered with or affected. XIV. And be it enacted, That for the Purpose of maintainriff, on Appli- ing, repairing, and upholding in an efficient State any Works authorized to be executed under the Authority of this Act it shall be lawful for the Sheriff, on the Application of any Person interested, to give Authority to enter from Time to Time upon holding Works. the Lands where such Works have been executed, and to perform such Operations as may be necessary for maintaining, repairing, and upholding as aforesaid; and it shall be lawful for the Sheriff to allocate the Expence of such Operations among the Persons deriving Benefit therefrom in such Proportions as to him shall seem just. Copies of Orders of She riff authorizing Works to be executed to be made and deposited, and be open to Inspec tion. XV. And be it enacted, That Two Copies of every Order of the Sheriff by which he shall authorize the Execution of Works under the Provisions of this Act shall be made, and one such Copy shall be deposited with the Sheriff Clerk of the County in which that Part of the Lands, Property, or Rights authorized to be entered upon, cut through, interfered with, or affected most contiguous to the Lands proposed to be drained and improved shall be situated, who is hereby required to deposit and keep the same among the Records of the said County, so that recourse may be had thereto by any Person interested in the Premises, and the other Copy shall be deposited with the Parish School Schoolmaster for the Time being of the Parish in which the said Land, Property, or Rights shall be situated, to be kept by him and his Successors in Office with the public Books, Writings, and Papers of the Parish, or shall be deposited with such other fit Persons as the Sheriff shall approve; and all Persons interested therein may have Access to and be furnished with Copies of or Extracts from any such Copy, on giving reasonable Notice to the Person having Custody of the same, and on Payment of Two Shillings and Sixpence for such Inspection, and after the Rate of Three-pence for every Seventy-two Words contained in such Copy or Extract; and all such Copies of and Extracts from any such Copy of any such Order as aforesaid as shall be furnished by the Sheriff Clerk shall be signed by the Sheriff Clerk, purporting the same to be a true Copy or Extract; and every such Copy and Extract, so signed, shall be received in Evidence without further Proof thereof. not to be alter XVI. Provided always, and be it enacted, That it shall not be Navigable Rilawful for any Person acting or pretending to act under this Act vers and Canals to make or construct, alter or extend, on the Shore of the Sea, ed, &c. without or of any Creek, Bay, or Arm of the Sea, or any navigable Consent of the River communicating therewith, where and so far up the same Admiralty. as the Tide flows, any Work which might not have been lawfully made or constructed in case this Act had not been passed, without the previous Consent of the Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the Commissioners for executing the Office of Lord High Admiral of the United Kingdom aforesaid, for the Time being, to be signified in Writing under the Hand of the Secretary of the Admiralty, and then only according to such Plan and under such Restrictions and Regulations as the said Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral aforesaid, may approve of, such Approval being signified as last aforesaid and if any such Work shall be commenced or completed contrary to the Provisions of this Act, it shall be lawful for the said Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral aforesaid, at his or their Discretion, to abate and to remove the same, and to restore the Site thereof to its former Condition, at the Cost of the Person or of any One or more of the Persons by whom the same shall have been so commenced or completed; and nothing herein contained shall authorize or enable any Person acting or pretending to act under this Act to make or construct any Work affecting any navigable River or Canal, or any River within the Provisions of any Act of Parliament, without the Consent of the Trustees or Proprietors of such River or Canal, and of Her Majesty's Commissioners of Woods and Forests, or to use or occupy Land between High or Low Water Mark, without the Consent of Her Majesty's Commissioners of Woods and Forests. XVII. And be it enacted, That in the Construction of this Definition of Act (except where the Nature of the Provision or the Context Terms in this of the Act is repugnant to such Construction) "the Sheriff" shall mean the Sheriff or his Substitute; and the Word" Plan" Act. shall Act may be amended, &c. 1&2 Vict. c. 55. shall extend to Drawings and Sections; and the Word "River" shall extend to all Rivers, Rivulets, Lakes, Canals, Streams, and Estuaries; and the Word "Person" and the Word "Proprietor" shall extend to the Queen's Majesty, and to all Bodies Politic, Corporate, or Collegiate; and every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as one Person or Thing; and every Word importing the Plural Number shall extend and be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male. XVIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament. CAP. CXIV. An Act for improving the Harbour and Docks of • the the said Harbour and Docks and other Property therewith connected, which, being sanctioned by the Commissioners of the Treasury as aforesaid, should be preferable and have • Priority over all other Debts and Securities affecting the said Harbour and Docks, Revenue and Property, excepting the 'said annual Sum of Seven thousand six hundred and eighty Pounds, and the said annual Sums for Repairs and Expences ⚫ of Management to be sanctioned and allowed as aforesaid; and ' it was thereby further provided, that after the Payment of the 'said Sum of Seven thousand six hundred and eighty Pounds, and the Amount of the Expences of the Establishment to be allowed by the said Commissioners of Her Majesty's Treasury as aforesaid, and the Interest of any Sum which might be borrowed with the Approbation of the said last-mentioned ⚫ Commissioners as aforesaid, the whole surplus Revenue arising 'from the said Harbour and Docks should annually, within 'Twenty-one Days after the Term of Whitsunday in each Year, be by the said Harbour and Dock Commissioners paid to the Remembrancer of Her Majesty's Court of Exchequer in Scotland, to be remitted to Her Majesty's Treasury; and if the Sum so remitted should exceed in Amount the Sum necessary to pay the Interest of the said Debt due to Her Majesty, so far as not postponed, the Excess should go and be imputed pro 'tanto in extinction of the Principal of the said Debt: And whereas the Commissioners of Her Majesty's Treasury were thereby also empowered to forego, for such Time as they should think fit, the Exaction, in whole or in part, of the Interest to • become due upon the Amount of the Debt which should re'main owing after Deduction of the Charges or Burdens thereby rendered preferable to the said Debt due to Her Majesty: And whereas since the passing of the said Act the Revenue arising from the said Harbour and Docks has been more than sufficient to defray the said annual Charge of Seven ⚫ thousand six hundred and eighty Pounds, and the Amount of the Expences of the Establishment annually allowed by the • Commissioners of Her Majesty's Treasury, but no Part of such surplus Revenue has been paid to the Remembrancer of Her Majesty's Court of Exchequer in Scotland, as provided by the said Act, but the same has been allowed to accumulate ' in the Hands of the Commissioners of the said Harbour and • Docks, with the Exception of a Sum of Sixteen thousand and 'seventy-seven Pounds, which, under the Sanction of the Commissioners of Her Majesty's Treasury, has been applied to the • Completion of the Eastern Pier, which was in an imperfect ' and dangerous Condition, upon the Understanding that the Sum so expended should be deemed Part of the Sum of One ⚫ hundred and twenty-five thousand Pounds which the Commissioners of the said Harbour and Docks were empowered by the said Act to borrow, and should be replaced out of the ⚫ first Instalment of the Loan: And whereas a Plan has been prepared, and approved by the Commissioners of Her Majesty's Treasury, for the Improvement of the said Har • bour bour and Docks, at an estimated Cost of One hundred and thirty-five thousand Pounds; and it is expedient, for the better Security of the Debt due to Her Majesty from the said • Commissioners, that the said Commissioners for the Harbour and Docks of Leith should be empowered, with the Approval of the Commissioners of Her Majesty's Treasury, to appropriate the surplus Revenue which may remain after Payment of the said annual Sum of Seven thousand six hundred and eighty Pounds, and the Amount of the Expences of the Establishment, to be allowed as aforesaid, toward the • Expence of executing such Improvements in the said Harbour and Docks as have been or shall be sanctioned by the Commissioners of Her Majesty's Treasury, and that during the • Execution of the said Works and Improvements; and that, until Repayment of any Monies which may be borrowed for the Purpose, and under the Power herein-before recited, no Claim be made on the Part of Her Majesty for the Principal • Sum or Interest accruing due upon the Debt now due to Her Majesty, and preferably secured on the Revenues and Property of the said Harbour and Docks; and that the Amount at which the said Debt is to be henceforth taken be declared in this Act:' 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, That the Commissioners Debt to Her Majesty from the Commissioners for the Harbour and Docks of Leith at the Term of Whitsunday in the Year One 228,3741. 98. 8d. thousand eight hundred and forty-seven, including all Arrears of Interest due to that Term, shall be taken at the Sum of Two hundred and twenty-eight thousand three hundred and seventyfour Pounds Nine Shillings and Eight-pence, which was declared by the said Act to be the Amount of the Debt due to Her Majesty by the said Commissioners at the Time of the passing of the said Act. Debt of the of Leith Harbour taken at Expenditure of Treasury may 6 II. And be it enacted, That the Expenditure of the said Sum of Sixteen thousand and seventy-seven Pounds upon the Improvement of the East Pier of the said Harbour, out of the surplus Profits of the said Harbour and Docks, heretofore made as aforesaid, with the Approval of the Commissioners of Her Majesty's Treasury, shall be ratified and declared lawful; and the Commissioners for the Harbour and Docks of Leith shall not be required to give any further Account of the same, or to replace the Monies so expended out of any Monies which shall be hereafter borrowed, under the Power for that Purpose contained in the said Act, for or toward the Expence of the said Improvements, and that all Persons shall be indemnified and held harmless against all Proceedings, at the Suit of Her Majesty or otherwise, for or on account of such Expenditure. III. And be it enacted, That the Commissioners of Her Maallow Commis- jesty's Treasury shall be empowered to allow the Commissioners bour and Docks of the Harbour and Docks at Leith to appropriate the whole to apply surplus Monies now in the Hands of the last-mentioned Commissioners, sioners of Har |