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GIRVAN.
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Order for the Amendment of “The Harbour of Girvan Improvement Order, 1865,” with respect to the Levying of Rates and to the Borrowing of Money.
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Repeal of Clauses 13. and 18. of the Order of 1865.
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1. Clauses 13 and 18 of “The Harbour of Girvan Improvement Order, 1865,” in this Order called “the Order of 1865,” shall be deemed to be expunged therefrom.
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Power to levy rates.
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2. The Commissioners may demand and receive rates in respect of the vessels, persons, animals, and goods described in the Schedule to the Order of 1865, subject to the provisions of that Order, and of this Order, and subject and according to the following provisions, namely:—
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(1.) Until the Commissioners have expended the sum of six thousand pounds on works authorized by the Order of 1865, they may demand and receive any rates not exceeding in each instance one half of those specified in the Schedule to that Order:
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(2.) As soon as they have expended the sum of six thousand pounds on works authorized by the Order of 1865, they may demand and receive any rates not exceeding those specified in the said Schedule:
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(3.) As soon as the harbour is completed and fit, at high water of ordinary spring tides, for the reception at all berths or jetties for loading coals, of vessels capable of carrying two hundred tons, they may demand and receive a rate of twopence per ton on all coals shipped within the harbour, in addition to the rate specified in the said Schedule:
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Provided, that nothing herein contained shall authorize the Commissioners to levy the anchorage dues which before the commencement of the operation of the Order of 1865 were leviable, but which in terms of that Order have since ceased to be levied at the Harbour of Girvan.
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Borrowing power.
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3. The Commissioners may, from time to time, borrow on mortgage such money as may be required for the purposes of the Order of 1865, not exceeding in the whole the sum of twenty thousand pounds, on the security of the works authorized by that Order, and of the lands and property connected therewith, and of the rates authorized by that Order and by this Order, or of any of those particulars, or of any other property of the Commissioners; and any money borrowed under the Order of 1865 or this Order, and discharged otherwise than by means of the sinking fund, may be reborrowed if required for the purposes of the Order of 1865, and so toties quoties: Provided, that as soon as the said sum of twenty thousand pounds shall be paid off or discharged by means of the sinking fund, the additional rate of twopence per ton on coals, authorized by this Order, shall cease and determine.
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Incorporation of part of 10 & 11 Vict. c. 16.
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4. The clauses of “The Commissioners Clauses Act, 1847,” with respect to the mortgages to be executed by the Commissioners, shall be incorporated with this Order, subject to the provision that with reference to Section Eighty-four of the said Act the sum to be every year appropriated and set apart out of the rates as a sinking fund shall not be less than one fiftieth part of the principal monies borrowed, such appropriation to commence from the expiration of twelve months after full rates are exigible under this Order.
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Application of money to be borrowed, and of rates and income.
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5. The Commissioners shall apply all monies borrowed under this Order, or received by them from the rates authorized by the Order of 1865 and by this Order, for the purposes and in the manner directed by the Order of 1865; the interest accruing on money borrowed under this Order and any sum payable on account of the principal thereof, being substituted for the interest accruing on money borrowed under the Order of 1865, and any sum payable on account of the principal thereof.
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Incorporation of Order of 1865.
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6. The provisions of the Order of 1865 (save the clauses in this Order specified as expunged therefrom) shall remain in full force, and shall be read together with this Order as one Order.
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Short Title.
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7. This Order may be cited as “The Harbour of Girvan Improvement Order, 1867,” and this Order and the Order of 1865 may be cited together as “The Harbour of Girvan Improvement Orders, 1865 and 1867.”
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