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authorising the construction of piers, &c., is derived from The General Pier and Harbour Act, 1861 (24 & 25 Vict. c. 45), and The General Pier and Harbour Act, 1861, Amendment Act (25 Vict. c. 19).

By the last mentioned Act it is provided as follows:

Any persons intending to make application to the Board of Trade for a provisional order relative to a pier or harbour, which persons are hereinafter called the promoters, shall in the months of October and November, or either of them, immediately preceding the application for the provisional order, publish notice of their intention by advertisement, according to the regulations contained in Schedule (B.) Part I. to this Act. Section 3.

Section 4. On or before the 30th day of November immediately preceding the application for the provisional order, the promoters shall deposit the documents described in Schedule (B.) Part II. to this Act according to the regulations therein contained.

Section 5. On or before the 23rd day of December in the same year the promoters shall deposit the documents mentioned in Schedule (B.) Part III. to this Act, according to the regulations therein contained.

Schedule (B.) to 25 Vict. c. 19, referred to in the above sections, is as follows:

PART I.-Advertisement in October or November of Intended

Application.

(1.) Every advertisement is to state

1. The objects of the intended application, specifying any of the following objects, when comprised among the objects of the application :

(a.) Extension of time for the completion of any works already authorised:

(b.) Power for a company to amalgamate with another :

(c.) Power to sell, purchase, lease, or take on lease an under

taking:

(d.) Amendment or repeal of any local or special Act of Parliament, or of any former provisional order :

(e.) Power to levy any tolls, rates, or duties, or to alter any existing tolls, rates, or duties :

(f.) The conferring, varying, or extinguishing of any exemption from tolls, rates, or duties, or of any other right or privilege :

(g.) Constitution or alteration of constitution of any harbour

authority.

2. A general description of the nature of the proposed new works,

if any.

3. The names of the parishes, townlands, townships, and extra-parochial places in which the proposed new works, if any, will be made.

4. The times and places at which the deposit under Part II. of this schedule will be made.

5. An office, either in London, or at the place to which the intended

A A

application relates, at which printed copies of the draft provisional order, when deposited, will be purchascable as hereinafter approved. (2.) The whole notice is to be included in one advertisement, which is to be headed with a short title descriptive of the undertaking or appli

cation.

(3.) The advertisement is to be inserted once at least in each of two successive weeks in some one and the same newspaper published in the city, town, or place where the proposed works will be made, or where the pier or harbour to which the intended application relates is situate; or if there be no such newspaper, then in some one and the same newspaper published in the county which such city, town, or place, or in some part thereof, is situate; or if there be none, then in some one and the same newspaper published in some adjoining or neighbouring county. (4.) The advertisement is also in every case to be inserted once at least in the London Gazette if the place to which the intended application relates is situate in England or Wales, in the Edinburgh Gazette if such place is situate in Scotland, or in the Dublin Gazette if such place is situate in Ireland.

PART II.-Deposit on or before 30th November.

(1.) The promoters are to deposit

1. A copy of the advertisement published by them.

2. A proper plan and section of the proposed new works, if any; such plan and section to be prepared according to such regulations as may from time to time be made by the Board of Trade in that behalf. (2.) The documents aforesaid are to be deposited for public inspection

1. In England or Ireland, in the office of the clerk of the peace for every county, riding, or division; in Scotland, in the office of the principal sheriff clerk for every county, district, or division, in which any proposed new work will be made, or in which the pier or harbour to which the intended application relates, or any part thereof, is situate.

2. At the custom-house, if any, of the port, sub-port, or creek to which the intended application relates.

(3.) The documents aforesaid are also to be deposited in the offices of the Admiralty and of the Board of Trade.

PART III.-Deposit on or before 23rd December.

(1.) The promoters are to deposit at the office of the Board of Trade1. A memorial of the promoters, signed by them or one of them,

headed with a short title descriptive of the undertaking or application (corresponding with that at the head of the advertisement), addressed to the Board of Trade, and praying for a provisional order.

2. A printed draft of the provisional order as proposed by the pro

moters.

3. An estimate of the expense of the proposed new works, if any, signed by the person making the same.

(2.) They are also to deposit printed copies of the draft provisional order for public inspection at the custom-house (if any) of the port, subport, or creek to which the application relates.

(3.) They are also to deposit a sufficient number of such rinted

copies at the office named in that behalf in the advertisement; such copies to be there furnished to all persons applying for them at the price of not more than 18. each.

The promoters must also comply with the standing orders of Parliament mentioned, supra, p. 338.

The following Sections of the Harbours Transfer Act, 1862, 25 & 26 Vict. c. 69, should be borne in mind :—

12. From and after the end of the present session of Parliament, any provision of The General Pier and Harbour Act, 1861, Amendment Act, requiring any deposit of documents to be made at the Admiralty Office shall be repealed.

14. From and after the end of the present session of Parliament, the following sections of The General Pier and Harbour Act, 1861, Amendment Act, and all provisions relative thereto in any other Act or in any provisional order of the Board of Trade contained, shall be read and construed as if the Board of Trade were named in the said sections instead of the Admiralty; namely, sections seven, eight, nine, ten, and eleven. The following regulations have been made by the Board of Trade as to applications for provisional orders.

BOARD OF TRADE REGULATIONS.

1. The plans and sections to be deposited in pursuance of Schedule (B.) Part II., to the General Pier and Harbour Act, 1861, Amendment Act, must be such plans and sections as would be required by the standing orders of the House of Commons, if the promoters, instead of applying for a provisional order, were proceeding by private bill; and on the plans all tidal waters are to be coloured blue. The plans and sections are to be accompanied by an ordnance sheet, or, if no ordnance sheet is published, by a map, with the exact position of the proposed works laid down thereon.

2. The draft provisional order must be printed on one side of the page of paper, so as to leave the back of the page blank, and any schedule annexed must begin a new page. The name of the promoters, or of their agents, must be printed on the outside of every draft provisional order.

3. Especial care must be taken in framing draft orders to follow the precedents contained in the orders confirmed in the last two or three sessions. 4. The regulations below, Nos. 11 to 14 inclusive, must be printed in the form of a notice at the end of every draft provisional order.

5. Promoters desiring incorporation should register themselves under The Companies Act, 1862, and will be required to produce to the Board of Trade, either at the time of proving compliance with the provisions of the Pier and Harbour Act, or before the order is settled and made, the certificate of registration of the company.

6. Where the promoters are a company incorporated under The Companies Act, 1862, the draft deposited at the Board of Trade must be accompanied by a printed copy of the memorandum of association, articles of association, and any registered special resolution of the company; and when they are a company incorporated in any other manner the draft must be accompanied by a copy of every deed or instrument of settlement or incorporation, or Act of Parliament, relating to the company.

7. Where the promoter is an individual proprietor the draft deposited at the Board of Trade must be accompanied by a short statement signed by the promoter or his solicitor, stating concisely what is the nature of the promoter's interest; viz., whether tenant in fee, or for any and what more limited interest, and, if limited, under what instrument or settlement; and also stating in what manner it is proposed that the rights and obligations to be created by the order shall devolve.

8. The promoters will be required to pay a fee of 351. towards the expense of settling the provisional order; this sum must be paid to the officer of the Board of Trade with whom the draft provisional order is deposited, and at the time of the deposit.

9. The draft provisional order which is to be deposited at the Board of Trade on or before the 23rd December must be deposited in triplicate, accompanied by a copy of every private or local Act, charter, deed, or other document of a like nature which is referred to therein, or which will be affected thereby.

10. The promoters must be prepared to prove compliance with the provisions of the Act concerning deposit and publication by the 10th January. Six days' notice will be given of the day and hour at which the promoters are to attend for the purpose at the Board of Trade. Printed forms of proof will be supplied, which should be filled up by the promoters, and brought with the requisite documents to the Board of Trade at the time fixed for proof.

11. Any objections to the provisional order which it is intended to urge on the Board of Trade must be sent in to that office before the 15th of January. A copy of such objections must also be sent at the same time to the promoters; and in forwarding the objections to the Board of Trade, the objectors or their agents should state that this has been done.

12. The Board of Trade will entertain and consider objections founded on alleged injury to public interests, or alleged violation of admitted principles, e.g., "That the proposed work will injure a public harbour," or, "That tolls are to be imposed on ships which will derive no benefit from them;" and they will not proceed with any provisional order to which valid objections of this description are shown to exist. Objections arising out of competition, or out of opposition between local interests, they will only attempt to settle, provided the parties are willing to abide by their decision. When the parties cannot come to terms, the Board of Trade will not order a local inquiry, or attempt to anticipate the decision of parliamentary committees.

13. All memorials, objections, and other documents sent to or deposited with the Board of Trade must be on common foolscap paper, and written (or printed) on one side only.

14. The bill for confirming provisional orders will be brought in as early in the session as possible. All preliminary questions must, however, be definitely determined before the 1st March.

15. It is to be understood that provisional orders for extending the time for the construction of works already authorised will not be granted as a matter of course. It will require special reasons to induce the Board of Trade to entertain such applications where the works have not been commenced within the time originally fixed by Parliament, or have not been bonâ fide proceeded with, with a view to completion. C. CECIL TREVOR.

Board of Trade, Harbour Department,

November, 1874.

The following Form is taken from a provisional order confirmed in 1876.

ORDER FOR THE CONSTRUCTION, MAINTENANCE, AND RE-
GULATION OF A PIER, LANDING-PLACES, AND OTHER
WORKS AT R, IN THE COUNTY OF S-

1. The R Pier Company (Limited) shall be the under- Undertakers. takers of the works authorised by this order, and shall have and may exercise the several powers, privileges, and authorities by this order conferred on the undertakers, and may carry this order in all respects into execution.

See supra, p. 120, for objects clause of Memorandum of Association of a pier company. The articles, supra, p. 190, et seq., are suitable.

2. The Lands Clauses Consolidation Acts, 1845, 1860, and 1869 (except so much thereof as relates to the purchase or taking of lands otherwise than by agreement), shall respectively be incorporated with this order.

3. For the purposes of the works authorised by this order, the company may from time to time, by agreement, enter upon and take and may use such of the lands shown on the plans deposited for the purposes of this order as they think requisite.

Incorporation

of Lands Clauses Acts.

Power to take lands by agreement.

4. Subject to the provisions of this order, and subject also Power to to such alterations (if any) in the plans and sections deposited make works. with reference to this order as the Board of Trade require from time to time, before the completion of the works, in order to prevent injury to navigation, the Company may, on the lands taken by them under this order, and in the lines and situations and according to the levels shown on the deposited plans and sections (so far as the same are shown thereon), and within the limits of deviation shown on these plans, make and maintain the pier, landing-places, and works authorised by this order. 5. The works authorised by this order comprise the Description following:

1. A pier, commencing on the sea-beach, at a point on the
mainland opposite Place, and proceeding seaward
in an easterly direction towards and below low-water
mark, to a distance of 800 feet, or thereabouts, and of a
width of not less than twenty feet, and a height above
high-water mark of not less than thirteen feet:
2. All such sea-walls, roads, approaches, landing-places, and

of works authorised.

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