Harwich Harbour. Abolition of Dues. Part I., described, any Rates not exceeding the Rates therein specified. And whereas it is expedient that there should be Authority in proper Cases for the Reduction of Rates payable in respect of particular Classes of Vessels frequently using the Harbour, or the Exemption of particular Classes of Vessels from Rates;' Therefore the following Provision shall take effect: 20. The Conservancy Board may from Time to Time, subject to the Approval of the Board of Trade, and shall from Time to Time if and when required by the Board of Trade, make any such Reduction or allow any such Exemption as aforesaid in such Classes of Cases as may seem meet. 21. The Conservancy Board shall apply all Money received by them from Rates, or accruing from any Property acquired by them under this Act, in the Manner and in the Order following, and not otherwise : (1.) In paying the Expenses of the Preservation and Regulation of the Harbour, and of the Execution of the Duties of the Conservancy Board under this Act: (2.) In paying the Interest on any Money borrowed under this Act: (3.) In creating any Sinking Fund required, or otherwise providing for the Payment of the Principal Money borrowed: (4.) In paying the Expenses of the Improvement of the Harbour : and the Conservancy Board shall from Time to Time, subject to the Approval and according to any Directions of the Board of Trade, revise the Scale of Rates received by them, so that the Produce of the Rates may always be, as far as is practicable, sufficient and not more than sufficient for making the Payments in this Section directed. 22. The Conservancy Board shall not make any Alteration in the Rates for the Time being leviable under this Act otherwise than by special Order, nor unless at each of the Meetings for the making of such special Order there are present at least Two of the Conservators appointed by the Treasury, the Admiralty, the Board of Trade, and the Trinity House. 23. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to Harwich Harbour and the Conservancy Board under this Act. Abolition of certain existing Dues. 24. From and after the Thirtieth Day of September One certain existing thousand eight hundred and sixty-three the Dues on Shipping and Goods described in the Schedule to this Act, Part II., shall cease to be payable; but nothing herein shall prevent the Collection or Recovery of any Money then already payable in respect of any such Due. Nothing to 25. Nothing in this Act shall prejudicially affect any Right or Interest of any Person having any Charge on any of the said abolished Dues jointly with any other Dues, Rates, Fund, or Property, Harwich Harbour. Property, so far as relates to such other Dues, Rates, Fund, or Corporations Property; and it shall be the Duty of the Municipal Corporations of Harwich of Harwich and Ipswich respectively to make full Provision for and Ipswich. the Payment of the whole of the Interest accruing due in respect of any such Charge, and for Repayment of the whole of the Principal Money charged, by and out of such other Dues, Rates, Fund, or Property as aforesaid, all and every Portion whereof shall be, by virtue of this Act, charged with the whole of such Principal and Interest as aforesaid. Borrowing Powers and Grant of Money. Power to borrow Money for Works at Landguard Point on Security of 26. For the Purposes of the Works which the Conservancy Board is by this Act directed to execute for preventing the Extension of Landguard Point they may, with the Approval of the Board of Trade, borrow at Interest such Money as may be required, not exceeding Ten thousand Pounds, on the Security of the Rates leviable by them under this Act, or of any Property Rates. acquired by them under this Act, or of both; and for the Pur- Grant by poses of the same Works the Treasury may, out of Money to Treasury for be provided by Parliament, pay to the Conservancy Board such those Works. Sums or Sum not exceeding at any Time the Amount then borrowed under the present Section by the Conservancy Board, and not exceeding in the whole the Sum of Ten thousand Pounds, and on such Terms, as the Treasury thinks fit; and this Provision shall be without Prejudice to the Power of the Conservancy Board to obtain a Loan from the Public Works Loan Commissioners, and of those Commissioners to make a Loan, for the Purposes of this Act. 27. For the other Purposes of this Act the Conservancy Board may, with the Approval of the Board of Trade, borrow at Interest such Money as may be required on any such Security as aforesaid. SCHEDULE. RATES TO BE TAKEN BY CONSERVANCY BOARD ON ALL VESSELS s. d. For every Vessel of 30 Tons or upwards - per Ton 0 1 PART II. EXISTING DUES ABOLISHED BY THIS ACT. (1.) Anchorage.-The Due (of Fourpence or any other Amount) (2.) Groundage. The Due (of Eightpence or any other Amount) for each Ship grounding within the same Portion of the same Port,-claimed as above mentioned. Ipswich. Power to Board to borrow for other Purposes. Harwich Harbour. Howth Harbour. 6 & 7 W. 4. c. 35. 6 Ipswich. (3.) Mayor's Coal Dues.-A Due consisting of Two Bushels or any other Quantity of Coals out of every Cargo of Coal brought into the Port of Ipswich, or in lieu thereof a Commutation Due (of One Shilling or any other Amount) for every such Cargo,-claimed by the Municipal Corporation of Ipswich by Custom. (4.) Mayor's Salt Dues.-A Quantity of Salt out of every Cargo of Salt brought into the Port of Ipswich, or in lieu thereof a Commutation Due (of One Shilling or any other Amount) for every such Cargo, claimed by the Municipal Corporation of Ipswich by Custom. (5.) Anchorage.-The Due (of One Shilling or any other Amount) for each Vessel not belonging to the Port of Ipswich anchoring in the River or in that Part of the Harbour which is within the Borough, namely, all that Part of the Harbour which lies to the North-west of a Line from a Place called Shotley Gate to a Sand called Polleshead, being the Sand at Landguard Point,-claimed by the Municipal Corporation of Ipswich by Custom. (6.) Groundage.-The Due (of Eightpence or any other Amount) for each such Vessel grounding in the River or in the same Part of the Harbour, Howth. claimed by the Municipal Corporation of Ipswich by Custom. CA P. LXXII. An Act for the further Improvement of the Harbour of [28th July 1863.] WHEREAS by a certain Act of Parliament of the Session held in the Sixth and Seventh Years of His late Majesty 'King William the Fourth, Chapter Thirty-five, the Harbour of 'Howth, with the Appurtenances thereof, as in the said Act set forth, were respectively transferred to and made over and 'became vested in the Commissioners of Public Works in Ireland, and it was thereby enacted that the same should be repaired, maintained, and supported by the said Commissioners so far as should from Time to Time be authorized by the Commissioners of Her Majesty's Treasury: And whereas by a certain Act of Parliament of the Session held in the Ninth ' and Tenth Years of Her present Majesty, Chapter Three, being an Act to encourage the Sea Fisheries in Ireland by promoting and aiding with Grants of Public Money the Construction of 'Piers, Harbours, and other Works, the Commissioners of Public Works, being the Commissioners for the Execution of that Act, were empowered, with the Consent of the Commissioners of Her 'Majesty's Treasury, to make Advances by way of Grant to an • Amount not exceeding the Sum of Fifty thousand Pounds, to be 6 applied Howth Harbour. 6 6 6 6 applied for the Purposes of that Act in the Manner therein provided, and subject to the Conditions therein mentioned: And 'whereas by a certain other Act of Parliament of the Session held in the Tenth and Eleventh Years of Her said Majesty, Chapter Seventy-five, the said Commissioners of Public Works were enabled to make further Advances by way of Grant for the Purposes of the said Act of the Session in the Ninth and Tenth Years of Her Majesty, Chapter Three, not exceeding the Sum of Forty thousand Pounds: And whereas the said Har'bour of Howth has become an important Station and Place of Refuge for Vessels engaged in prosecuting the Sea Fisheries on the East Coast of Ireland, but the said Harbour has of late • Years been gradually silting up, whereby its Value and Usefulness have been materially injured and lessened: And whereas it is expedient that the said Harbour of Howth should be deepened and otherwise improved, and that the said Commissioners, out of any Balance unapplied and available of the said Sums of Fifty thousand Pounds and Forty thousand Pounds, 'should be empowered to expend on the Improvement of the said Harbour a Sum of Money not exceeding the Sum of Five thousand Pounds, and that Provision should be made for the making of Byelaws for the Regulation of the said Harbour, and also for the Imposition of Tolls and Harbour Dues on Vessels frequenting and Goods imported into the same:' Be it therefore 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: Works to advance and expend a Sum not exceeding 1. It shall be lawful for the Commissioners of Public Works Commissioners in Ireland with the Consent of the Commissioners of Her Majesty's of Public Treasury (anything in the said Acts of the Sessions held in the Ninth and Tenth and Tenth and Eleventh Years of Her said Majesty to the contrary notwithstanding), out of the Balance available of the said Sums of Fifty thousand Pounds and Forty 5,000l. for thousand Pounds, to advance and expend upon the deepening and Improvement improving the said Harbour of Howth, and such other Works appertaining to the same as the said Commissioners of the Treasury may approve, any Sum of Money not exceeding the Sum of Five thousand Pounds. 2. It shall and may be lawful for the Commissioners of Public Works and they are hereby authorized to levy or cause to be levied and paid for the Use of the said Harbour such Tolls and Rates, Licence Duties and Charges, as the Commissioners of Her Majesty's Treasury shall from Time to Time approve of. 3. The said Commissioners shall cause a List, printed or painted in legible Characters, of the several Rates and Tolls which the said Commissioners shall from Time to Time direct and appoint to be taken, and which shall be payable by virtue of this Act, to be affixed on Boards in some conspicuous Place within the Limits of the said Harbour. of Harbour. Power to levy List of Rates, Tolls, &c. to be affixed in conspicuous Places. 4. It shall be lawful for the said Commissioners, if they shall Power to Comthink fit, by public Bidding, from Time to Time to let or relet missioners to U 2 all let the Tolls. Howth Harbour. Application of Power to enforce Payment of Tolls, &c. all or any of the Tolls or Rates payable under the Provisions of this Act, for Terms not exceeding Ten nor less than Five Years, on such Conditions and with such Security for Payment of the Rent reserved on such Lease, as the said Commissioners shall think fit, and the Commissioners of Her Majesty's Treasury shall from Time to Time approve. 5. The Tolls, Rates, and Charges payable under the Provisions of this Act, or the Rent payable upon any Lease thereof, shall be applied by the said Commissioners from Time to Time in repairing and maintaining the said Harbour as the said Commissioners may think right. 6. It shall be lawful for the said Commissioners, in Cases in which such Tolls, Rates, or Charges shall not be leased or let, and for the Lessees or Lessee of such Tolls or Rates if leased or let, from Time to Time to appoint sufficient Collectors and Officers or Agents for the Purpose of receiving the Tolls and Rates pay. able under this Act; and in case any Person liable to pay such Tolls or Rates shall refuse or neglect to pay the same, it shall be lawful for the said Commissioners, or for the Lessees or Lessee of the said Tolls and Rates, or their Officer or Agent, or other Person to whom such Toll or Rate ought to have been paid, to seize the Vessel, Goods, Articles, and Things in respect of which such Tolls or Rates ought to have been paid wherever the same may be found, and to detain the same until such Tolls or Rates, together with the reasonable Costs and Expenses of such Seizure and Detention, shall be paid; and if such Vessels, Goods, Articles, and Things shall not be redeemed within Twenty-one Days after the Seizure thereof, the same shall be appraised and sold, and after deducting the Costs of such Seizure, Detention, and Sale all such Sums as shall be due in respect of such Toll or Rates shall be satisfied thereout, and the Overplus paid to the Owner in like Manner as the Law directs in Cases of Distress for Rent in arrear. 7. It shall and may be lawful for the said Commissioners, and they are hereby authorized and empowered, in addition to make Byelaws. the Powers already vested in them, from Time to Time to make such Byelaws, Rules, Orders, and Regulations, not being contrary Law or Statute in force in Ireland, as to them shall seem meet and proper, according to the Circumstances of every Case, for better carrying into effect the Purposes of this Act, or in any Manner relating thereto, and from Time to Time to alter or repeal all or any of such Byelaws, Rules, Orders, or Regulations, and to make others, and to impose such Fines and Penalties, not exceeding the Sum of Five Pounds, upon all Persons offending against any of such Byelaws, Rules, Orders, or Regulations, as to the said Commissioners shall seem reasonable; and all such Byelaws, Rules, Orders, and Regulations shall be reduced into Writing, and signed by the said Commissioners, or any Two or more of them; and a Copy thereof, signed by the said Commissioners, shall be deposited with the Clerk of the Peace of the County of Dublin, and the same shall be kept with the Records of the said County; and a printed or painted Copy of such of the said Byelaws, Rules, Orders, or Regulations as shall subject any Per Power to Com missioners to to any son |