Pier and Harbour Orders Confirmation Act, 1867

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ROTHESAY.

Order for the Extension and Construction of Piers, and for the Regulation of the Harbour of Rothesay, in the Burgh of Rothesay and County of Bute.

Undertakers.

1. The Trustees for the Harbour of Rothesay, under the Act of the first and second year of the reign of His late Majesty King William IV., chapter 34, intituled “An Act for improving, repairing, and maintaining the Harbours of the Burgh of Rothesay in the County of Bute, and for building and maintaining a Gaol, Court House, and Offices for the said Burgh and County,” herein-after called the Local Act, as such Trustees arc now constituted under the Local Act, taken in connexion with the Act (Public General) of the Fifteenth and Sixteenth year of the reign of Her present Majesty, chapter 32, intituled “An Act to alter and amend certain Provisions in the Laws relating to the Number and Election of Magistrates and Councillors in the Burghs in Scotland,” shall be the Undertakers under this Order.

Power to take land by agreement.

2. For the purposes of the works authorized by this Order, the Undertakers may from time to time, by agreement, enter on, take, and use all or any part of the lands within the limits of deviation shown on the plans deposited for the purposes of this Order.

Incorporation of Lands Clauses Acts.

3. “The Lands Clauses Consolidation (Scotland) Act, 1845,” and “The Lands Clauses Consolidation Acts Amendment Act, 1860,” except so much thereof respectively as relates to the purchase and taking of lands otherwise than by agreement, are hereby incorporated with this Order.

Works.

4. Subject to the provisions of this Order, and subject also to such alterations (if any) in the plans deposited for the purposes of 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 Undertakers may, in the lines and according to the levels, and within the limits of deviation shown on the plans and sections deposited for the purposes of this Order, make and maintain the works shown on the deposited plans.

Description of works.

5. The works authorized by this Order comprise the following:

An increase of the breadth of the front or north pier of the said harbour of Rothesay to the extent of 30 feet, or thereby, additional on the north side thereof; and an extension of the said pier in a north-westerly direction to a point in a line with the western boundary of the west pier of the said harbour, and distant 115 feet or thereby from the northern extremity of the said boundary:

A wharf or pier extending from the north-western extremity of the said north pier, as so extended, 256 feet or thereby in a north-westerly direction to a point opposite to and at a distance of 250 feet or thereby from the north-west corner of the ship-building yard the property of the burgh of Rothesay:

The filling up and embankment of the space between the said wharf or pier and Victoria Street:

A small boat slip at or near the north-west extremity of the said wharf or pier:

The deepening, cleansing, and scouring of the said whole harbour, and particularly of the outer or east harbour, and the entrance thereto:

With all necessary additional approaches, warehouses, sheds, offices, cranes, weighing machines, and other necessary works and conveniences.

Time for completion of works.

6. The time for the completion of the works authorized by this Order shall be seven years after the passing of the Act confirming this Order.

Limits of harbour. 9 & 10 Vict. c. 299.

7. And whereas by an Act passed in the ninth and tenth year of the reign of Her present Majesty intituled “An Act for regulating the Municipal Government and Police of the Royal Burgh of Rothesay,” it was enacted that the jurisdiction for the purposes of the said Act of the provost and bailies and Procurator Fiscal of Rothesay, and of all the officers appointed under the said Act, should extend over the whole territory of the said burgh of Rothesay, and over the piers and harbours thereof, and over all boats and vessels in the said harbours and at the said piers, or lying within five hundred yards of the shore of said burgh, and over all persons and things on board of such boats and vessels; the limits of the harbour for the purposes of this Order shall include the whole works and property of the Trustees, and shall otherwise be co-extensive seaward with the jurisdiction conferred by the said Act, notwithstanding any other boundary of the harbour which may be laid down on any plan deposited with reference to this Order.

Application of Local Act to this Order.

8. The whole provisions of the Local Act, so far as applicable and not altered by this Order, shall extend and be applicable to the works hereby authorized and to the area of the harbour as herein defined.

Application of the Harbours, Docks, and Piers Clauses Act.

9. “The Harbours, Docks, and Piers Clauses Act, 1847,” shall not be incorporated with this Order, excepting in so far as regards the provisions with respect to the construction of the works hereby authorized, and the saving of rights sections of the Act.

Trustees may levy rates.

10. The Trustees may demand and receive, for the use of the works hereby authorized to be constructed, on all ships, brigs, sloops, barges, lighters, yachts, steam vessels, steam-boats, or other vessels or boats, entering or arriving at or using the said harbours or piers, or any of them, the rates, dues, and duties by the Local Act authorized to be levied for and at the said harbours, as modified by “The Harbours and Passing Tolls, &c. Act, 1861” to be levied, to the same extent, and by the same process, and in the same way and manner in all respects as the rates, dues, and duties leviable under the Local Act as so modified are and may be levied, demanded, and received.

Rates for use of cranes, &c.

11. The Trustees may also levy and take, for the use of all cranes, weighing machines, and other conveniences on any of their piers, any rates not exceeding those specified in the Schedule to this Order annexed.

Certain fishing vessels under stress of weather exempt from rates.

12. Fishing vessels belonging to countries with which for the time being treaties exist, exempting from duties and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom, shall, when forced by stress of weather to make use of any of the works of the Trustees, and not breaking bulk when in use thereof, be exempt from the rates leviable under the Local Act and this Order.

Power to borrow.

13. For the purpose of the purchase of lands and property and for the execution of the works hereby authorized, the Undertakers may, over and above any sums of money borrowed or to be borrowed under the authority of the Local Act, borrow and take up at interest on the credit of the whole rates, dues, and duties leviable by them under the Local Act and this Order, and of the other property vested in them, and in the manner by the Local Act provided or otherwise, any sum or sums of money not exceeding twenty-one thousand pounds, and, on any part of the same being repaid, re-borrow the same, if necessary.

Application of money borrowed.

14. Every part of the money borrowed under this Order shall be applied only for the purposes authorized by the Local Act and this Order, and for payment of the expenses of this Order.

Exemption of Custom House Officers from rates.

15. Officers of Customs being in the execution of their duty shall at all times have free ingress, passage, and egress on, to, over and from the harbour, pier, and works to which this Order relates, by land and with their vessels, without payment.

Power to purchases, lease, provide, or hire steam or other dredges, &c.

16. The Trustees may, for the purposes of the works authorized by this Order, or any of them, from time to time purchase, lease, provide, or hire such steam or other dredges, steam or other engines, steam-tugs, steam or other vessels, diving bells, ballast lighters, rubbish lighters, tools, plant, or other materials as they think fit; and may from time to time, as they think fit, sell and dispose of such dredges, tugs, vessels, diving bells, plant, and materials aforesaid, and shall apply the money thereby realized for carrying into effect the purposes of the Local Act and this Order, or some of them.

Saving rights of mortgagees under Local Act.

17. Nothing in this Order contained shall prejudice any security given for any money borrowed under the Local Act and which may remain due at the time of the passing of the Act confirming this Order, and every security so given shall have priority over every security given for money borrowed under this Order.

Saving rights under Crown Lands Act, 1866.

18. This Order shall not be taken as a consent to the surrender of any rights, interests, powers, authorities, or privileges transferred to the management of the Board of Trade by “The Crown Lands Act, 1866,” nor shall any works under this Order be commenced within limits affected by any such rights, interests, powers, authorities, or privileges, without the consent of the Board of Trade having been first obtained.

Short Title.

19. This Order may be cited as “The Rothesay Harbour Order, 1807.”

SCHEDULE referred to in the foregoing Order.

RATES FOR THE USE OF CRANES, WEIGHING MACHINES, &c.

I.—Cranes.

II.—Wheighing Machines.

III.—Gangways.

IV.—Shed Dues.