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Amendment of Order as to Carlingford Lough.
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3. With regard to the Carlingford Lough Provisional Order, the Clauses numbered 3 and 13 of that Order shall be deemed to be and the same are by this Act expunged from the same Order.
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Appointment of the several Commissioners to be regulated as herein named.
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The Clause following shall be inserted in the same Order instead of Clause 3 thereof:
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The Appointment of the Commissioners shall be regulated as follows:
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(1.) The following Four Persons are hereby appointed Commissioners, namely, William Forster, Richard Allen Minnitt, Edward Tipping, and Richard Mayne; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of any One of those Four Commissioners, the Commissioners shall by a Special Order appoint another Person to fill the Vacancy, and so toties quoties:
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(2.) Two of the Commissioners shall be appointed by the Newry Navigation Company; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by that Company to fill the Vacancy, and so toties quoties:
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(3.) Two of the Commissioners; shall be appointed by the Newry Town Commissioners; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by the Newry Town Commissioners to fill the Vacancy, and so toties quoties:
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(4.) Two of the Commissioners shall be appointed by the Newry and Greenore Railway Company; and whenever a ever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by that Company to fill the Vacancy, and so toties quoties:
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(5.) Two of the Commissioners shall be appointed by the Dundalk and Greenore Railway Company; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by that Company to fill the Vacancy, and so toties quoties:
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(6.) The Board of Trade may, if they think fit, at any Time after the passing of an Act confirming this Order, appoint Two Persons to be Commissioners; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of any One of those Two Commissioners, may, if they think fit, appoint another Person to fill the Vacancy, and so toties quoties.
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The following Clause shall be inserted in the same Order instead of Clause 13 thereof:
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Commencement of Rates and Cesses thereof in certain Events.
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As soon as the Channel or Cut to be made in the Bar, or at the Entrance or Mouth of Carlingford Lough, shall be made of a Depth of Eleven Feet at least below Low-water Mark as shown on the deposited Plans and Sections, and of a Width of Three hundred Feet at least, the Commissioners may begin and may thenceforth continue to demand and receive the Rates authorized by this Order, subject nevertheless to the following Provisions:
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(1.) If within Two Years from the passing of an Act confirming this Order the Channel or Cut to be made in the Bar or at the Entrance or Mouth of Carlingford Lough is not made of the Depth of Fourteen Feet at least, then from the Expiration of those Two Years the Commissioners shall not demand or receive any Rates under this Order until the Channel or Cut is made of the Depth of Fourteen Feet at least; and the Commissioners shall not demand or receive any Rates under this Order in respect of Vessels delivering or loading Cargo at the Town or the River of Newry, North of Old Narrow Water Castle, until the Channel or Cut is made of the Depth of Fourteen Feet at least:
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(2.) If within Five Years from the passing of an Act confirming this Order the Channel or Cut aforesaid is not made of the full Depth proposed as shown on the deposited Plans and Sections, then from and after the Expiration of those Five Years the Commissioners shall not demand or receive Rates to a greater Amount than the Sum of Two thousand five hundred Pounds per Annum under this Order, until the Channel or Cut is completed of the full Depth aforesaid; and if in any Year before such Completion the total Amount of Rates received under this Order shall exceed Two thousand five hundred Pounds per Annum, the Rates receivable under this Order shall from Time to Time be revised by the Commissioners, so that the total Amount to be received therefrom shall as near as may be amount to but not exceed the said Sum of Two thousand five hundred Pounds per Annum, until the Channel or Cut shall be completed to the full Depth aforesaid:
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(3.) The Board of Trade, nevertheless, if it appears to them expedient, may from Time to Time extend the said Period of Two Years for any Time or Times not exceeding in the whole One Year, and may from Time to Time extend the said Period of Five Years for any Time or Times not exceeding in the whole Two Years;
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(4.) The Chairman of Quarter Sessions of the County of Down, on Proof being adduced to him that the Channel or Cut aforesaid is made of the Depth of Eleven or Fourteen Feet, or of the full Depth proposed as aforesaid, (as the Case may be,) and of the Width of Three hundred Feet at least, shall sign and give to the Commissioners a Certificate thereof, which Certificate shall be conclusive Evidence of the Matters therein certified; provided that the said Chairman shall have Power to hear Parties in opposition to the granting of such Certificate.
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Provision for Appointment of Joint Committee to regulate Bar Pilots.
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The following Clause shall be added to the same Provisional Order after Clause 23 thereof:
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Within Three Months after the passing of an Act confirming this Order the Commissioners shall appoint, in Writing under the Hand of their Chairman, Three Persons from such Commissioners, and the Directors of the Newry Navigation Company shall within the same Period in like Manner appoint Three Persons from such Directors, and the said Six Persons shall form a Committee for the Purpose of appointing, dismissing, and regulating the Pilots employed in piloting Vessels into and out of the Entrance of Carlingford Lough, commonly called “Bar Pilots;” and the said Committee shall be subject to the following Provisions:
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(1.) The Commissioners and the Newry Navigation Company respectively may from Time to Time, at their Pleasure, remove the Members of the Committee so nominated by them respectively, and may in like Manner respectively fill up the Vacancies occurring among such Members by Removal, Deaths or Resignation: and no Act done by the Committee shall be invalidated because of any alleged or real Want of Authority on the Part of the said Chairman to sign such Appointment:
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(2.) The Committee shall hold its Meetings at Newry, and Four shall be a Quorum thereof; and the Chairman of each Meeting shall be elected alternately from the Members representing the Commissioners and the said Company respectively; and the Proceedings of the Committee shall be determined by a Majority of the Members present, the Chairman having a Casting Vote in case of Equality.
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The following Addition shall be made to the Exemptions contained in the Schedule to the same Order:
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All Sailing Vessels of and under One hundred and fifty Tons, and all Steam Vessels of and under Two hundred Tons, delivering or loading Cargo at the Town or the River of Newry North of Old Narrow Water Castle.
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