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and send the same to the Treasury, for their Approval.
Specifications, Treasury, may employ any competent Surveyor or Architect to make a Survey and Estimate of the proposed Work, and to prepare such Plan, Section, or Specification thereof as may be necessary, and send the same to the Commissioners of Her Majesty's Treasury, for their Approval; and if the said Commissioners of Her Majesty's Treasury shall think fit to authorize the Work specified in any such Plan, Section, or Specification, or any Modification thereof which they may think proper to be undertaken, they shall by their Warrant direct the said Commissioners of Public Works to execute such Work, at and for an Amount not exceeding a Sum to be specified in such Warrant; and the said Commissioners of Fublic Works shall, upon Receipt of such Warrant, cause the Work mentioned therein to be executed.
Commissioners of Public Works to make up Accounts, and send the same to the
Treasury as often as required.
1&2 W.4. c.33. ings in Actions by and against
as to Proceed
the Commissioners of Pub
lic Works extended to Actions, &c. under this Act.
VI. And be it enacted, That the said Commissioners of Public Works shall cause Accounts in Writing of the several Sums received by them as such Commissioners for the Purposes of this Act, and the Sums expended by them for such Purposes, and the Manner of such Expenditure, to be made up to the Thirty-first Day of December in each Year, or to such other Day as the Commissioners of Her Majesty's Treasury shall direct; and the said Commissioners shall, as often as they shall be required so to do by the Commissioners of Her Majesty's Treasury, send the said Accounts to the said Commissioners of the Treasury, who may give such Directions as they shall think proper, defining the Duties of the said Commissioners of Public Works in the Execution of this Act, and the said Commissioners of Public Works shall observe all such Directions as aforesaid which shall from Time to Time be signified to them by the said Commissioners of Her Majesty's Treasury.
VII. And be it enacted, That the several Enactments contained in an Act passed in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the Extension and Promotion of Public Works in Ireland, which affect or relate to any Action or Suit to be commenced against the Commissioners for the Execution of the last-recited Act, or any Person or Persons, for any thing done by virtue of or in pursuance of the last-recited Act, or any Proceedings in any such Action or Suit, or any Limitation of Time for the Commencement thereof, or any Costs thereof, or any Evidence to be given therein, or any Notice of Action or Suit, or Satisfaction, or Tender thereof, or any Action or Suit to be commenced by the said Commissioners, or any Proceedings therein, or any Abatement or Discontinuance of any such Action or Suit, or to the Court in which or to the Terms or Conditions on which any such Action or Suit shall be brought against the said Commissioners, collectively or individually, shall, so far as the same are applicable, be held to apply to and extend to any Action or Suit to be commenced against the Commissioners of Public Works in Ireland, or any Person or Persons, for any
thing done by virtue of or in pursuance of or on account of this Act, or to any Proceedings in or relating to any such Action or Suit.
VIII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c.
An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making and improving of Harbours, Docks, and Piers.
[11th May 1847.] WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parlia'ment authorizing the Construction or improving of Harbours, Docks, and Piers, and that as well for avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring greater Uniformity in the Provisions themselves' 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 this Act shall extend only to such Harbours, Docks, Extent of Act. or Piers as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as they are applicable to such Undertaking, and shall, with the Clauses of every other Act incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act and any Interpretations Act incorporated therewith, be it enacted as follows:
in this Act.
II. The Expression "the special Act" used in this Act shall "special Act:” be construed to mean any Act which shall be hereafter passed authorizing the Construction or improving of an Harbour, Dock, or Pier, and with which this Act shall be incorporated; and the
Word "prescribed," used in this Act in reference to any Matter "prescribed:" herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word occurs shall be construed as if, instead of the Word "prescribed," the Expression "prescribed for that Purpose in the special Act" had been used; and the Expression "the prescribed Limits," used with refe- "the prescribed rence to the Harbour, Dock, or Pier, shall mean the Distance Limits:" measured from the Harbour, Dock, or Pier, or other local Limits (if any) beyond the Harbour, Dock, or Pier, within which the Powers of the Harbour Master, Dock Master, or Pier Master, for the Regulation of the Harbour, Dock, or Pier, shall by the special Act be authorized to be exercised; and the Expression
Expression "the Lands" shall mean the Lands which shall by the special Act be authorized to be taken or used for the Pur"the Harbour, poses thereof; the Expression "the Harbour, Dock, or Pier" Dock, or Pier:" shall mean the Harbour, Dock, or Pier, and the Works connected therewith, by the special Act authorized to be constructed; the "the Harbour Expression "the Harbour Master" shall mean, with reference to any such Harbour the Harbour Master, and with reference to any such Dock the Dock Master, and with reference to any such Pier the Pier Master, respectively appointed by virtue of this or the special Act, and with respect to all Acts authorized or required to be done by such Harbour Master, Dock Master, or Pier Master, shall include the Assistants of every such Harbour Master, Dock Master, or Pier Master; and the Expression "the Undertakers" shall mean the Persons by the special Act authorized to construct the Harbour, Dock, or Pier, or otherwise carry into effect the Purposes of the special Act with reference thereto.
"the Undertakers :"
Interpretations in this and the
"the Collector of Rates:"
III. The following Words and Expressions, in both this and the special Act and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number only shall include the
Words importing the Masculine Gender only shall include
The Word "Person" shall include Corporation, whether
The Word" Lands" shall include Messuages, Lands, Tene-
The Word" Master," when used in relation to any Vessel,
The Word "Goods" shall include Wares and Merchandize
The Expression" Superior Courts," where the Matter sub- "Superior
The Word" Oath" shall include Affirmation in the Case of "Oath :"
The WordCounty" shall include any Riding or other "County :"
The Word "Justice" shall mean Justice of the Peace acting "Justice:"
The Word" Sheriff" shall mean the Sheriff Depute of the "Sheriff:"
The Expression "Quarter Sessions" shall mean Quarter
The Expression "the Lords of the Admiralty" shall mean "Lords of the the Lord High Admiral of the United Kingdom of Great Admiralty.” Britain and Ireland, or the Commissioners for executing
the Office of Lord High Admiral.
And with respect to citing this Act, or any Part thereof, be Citing the Act. it enacted as follows:
IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression "The Harbours, Docks, and Piers Clauses Act, 1847."
Short Title of
Form in which
Portions of this
Act may be incorporated in other Acts.
Construction of Harbour, Dock, or Pier.
Construction of Harbour,
Dock, or l'ier to be subject to the Provisions of this Act and One of the Lands
V. For the Purpose of incorporating Part only of this Act with any Act hereafter to be passed it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act, with the Exception of the Clauses so described, shall be incorporated with such Act, and thereupon all the Clauses of this Act so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the Construction of the Harbour, Dock, or Pier, be it enacted as follows:
VI. Where by the special Act the Undertakers shall be empowered, for the Purpose of constructing the Harbour, Dock, or Pier, to take or use any Lands otherwise than with the Consent of the Owners and Occupiers thereof, they shall, in exercising the Power so given to them, be subject, if the Harbour, Dock, or Pier be situate in England or Ireland, to the Provisions and Restrictions contained in this Act and in the Lands Clauses Conso. Clauses Consolidation Act, 1845, and if the Harbour, Dock, or Pier be situated in Scotland to the Provisions and Restrictions contained in this and in the Lands Clauses Consolidation (Scotland) Act, 1845; and the Undertakers shall make to the Owners and Occupiers of and all other Parties interested in any Lands taken or used for the Purposes of this or the special Act, or injuriously affected by the Construction of the Works thereby authorized, full Compensation for the Value of the Lands so taken or used, and for all Damage sustained by such Owners, Occupiers, and other Parties by reason of the Exercise as regards such Lands of the Powers vested in the Undertakers by this or the special Act, or any Act incorporated therewith, and, except where otherwise provided by this or the special Act, the Amount of such Compensation shall be ascertained and determined in the Manner provided by the said Lands Clauses Consolidation Acts for determining Questions of Compensation with regard to Lands purchased or taken under the Provisions thereof, and all the Provisions of the last-mentioned Acts shall be applicable to determining the Amount of any such Compensation, and to enforcing the Payment or other Satisfaction thereof.
Omnis ions in
Plans, &c. may
be corrected by
who shall certify
VII. If any Omission, Mis-statement, or wrong Description shall have been made of any Lands, or of the Owners, Lessees, or Occupiers of any Lands described on the Plans or Books of Reference relating to the Harbour, Dock, or Pier deposited in compliance with the Standing Orders of either House of Parliament, or in the Schedule to the special Act, the Undertakers, after giving Ten Days Notice to the Owners, Lessees, and Occupiers of the Lands affected by such proposed Correction, may apply, in England or Ireland, to Two Justices, and in Scotland