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Board of Trade may inquire into and regulate Rates ; 22.
Admiralty Office ; 24.
or a Justice of the Peace ; 26. Saving the Rights of the Crown ; 27.
B I Ꮮ Ꮮ
Enable Burghs in Scotland to maintain and
improve their Harbours.
[Note.—The Words and Figures printed in Italics are proposed to
be inserted in Committee.]
HEREAS the Harbour and other Dues leviable at the Preainble.
Harbours belonging to many of the Royal Burghs in
Scotland have, by reason of the Change in the Value of Money and other Causes, become inadequate for the Maintenance of 5 such Harbours, and it is expedient that further Provision should
be made for the Extension, Improvement, and Regulation of such Harbours, and for the Increase of the Rates and Duties leviable thereat : Be it enacted by the Queen's most Excellent Majesty, by
and with the Advice and Consent of the Lords Spiritual and Tem10 poral, and Commons, in this present Parliament assembled, and by
the Authority of the same, as follows :
I. This Act may be adopted and applied in manner herein-after Act may be provided in any Royal Burgh in Scotland possessing a Harbour which adopted in
Burghs havat the Time of passing this Act is not under the Regulation of any ing Harbours 15 Local Act of Parliament.
Local Acts II. The following Words and Expressions in this Act shall have Interpretathe several Meanings hereby assigned to them, unless there be tion of 485. A
something in the Subject or Context repugnant to such Construction ;
that is to say:
The Word “Burgh” shall mean any Royal Burgh in Scotland
possessing a Harbour which is not under the Regulations of any Local Act of Parliament:
5 The Word “ Harbour” shall mean the Harbour of any such Burgh,
and shall extend to and include the whole Limits assigned to such Harbour by the Charter of such Burgh, or by any Law, Statute, or Usage, and all Docks, Piers, Quays, Yards, Works, Buildings, Creeks, and Anchorages within such Limits :
10 The Expression “ Town Council ” shall mean the Provost, Magis
trates, and Councillors, or the Magistrates and Councillors, as
the Case may be, of any such Burgh for the Time being : The Words « Treasurer” and “ Town Clerk” shall mean the
Treasurer and Town Clerk respectively of any such Burgh for 15
the Time being : The Expression “ Board of Trade” shall mean the Lords of the
Committee of Her Majesty's Privy Council for Trade and
Foreign Plantations :
buoying, or any other Work approved by the Lords of the
III. In citing this Act in other Acts of Parliament, and in legal Instruments, Deeds, and Proceedings, it shall be sufficient to use the Expression “ The Burgh Harbours (Scotland) Act, 1853."
8 Vict. c. 19.
IV. In so far as not inconsistant with or not otherwise provided or incorporated not altered and varied by this Act, “ The Lands Clauses Consolidawith this Act.
tion (Scotland) Act, 1845,” shall be incorporated with and form Part of this Act: Provided always, that nothing in the said Lands Clauses Consolidation Act, or in this Act, contained shall authorize 30 any Town Council to purchase or take Lands for the Purposes of this Act otherwise than by Agreement.
[ Vict. c. 27.
V. In so far as not inconsistent with or not otherwise provided or incorporated not altered and varied by this Act, “ The Harbours, Docks, and with this Act. Piers Clauses Act, 1847,” shall be incorporated with and form Part 35
of this Act : Provided always, that nothing in the said Harbours,
the Hand of the Secratary of the Admiralty; and upon such Requisition being made the Clauses relating thereto contained in the said Harbours, Docks, and Piers Clauses Act shall, as regards this Act, come into and be in full Force.
VI. The Expression “the Special Act,” used in the said Lands InterpretaClauses Consolidation Act, and in the said Harbours, Docks, and
Expressions Piers Clauses Act, shall be construed to mean and include this Act; in the incorand the Expression “ the Promoters of the Undertaking,” used in the porated Acts.
said Lands Clauses Consolidation Act, and the Expression “the 10 Undertakers," used in the said Harbours, Docks, and Piers Clauses
Act, shall severally mean the Town Council of any Burgh in which this Act is adopted as herein-after provided.
VII. It shall be lawful for the Town Council of any Burgh, by Town Coun. a Majority of the Members of the Council who are present at a 15 Meeting specially called for that Purpose, to resolve that this Act this Act shall
shall be adopted in and applied to the Burgh, and to appoint a Day, be adopted, not earlier than the Third and not later than the Thirtieth lawful tion to be Day after the Completion of the then next ensuing annual Election published.
of Councillors for the Burgh, for holding a Second Special Meeting 20 of the Town Council to resume Consideration of such Resolution ;
and a Copy of the Minute of the Town Council, containing such Resolution and Appointment, shall be inserted once in each Newspaper published in the Burgh One Month at least before such next
annual Election ; and if there be no Newspaper published therein a 25 Copy of such Minute shall be delivered or transmitted through the
Post Office to each Municipal Elector of the Burgh, and to the Sheriff Clerk and Clerk of the Peace of the County within which such Burgh is situated, and shall be inserted once in a Newspaper
published in such County, or in an adjoining County, One Month at 30 least before such next annual Election.
this Act to
VIII. It shall be lawful for the Town Council, at such Second If Resolution Special Meeting, or at any adjourned Special Meeting (of which ad- approved of, journed Meeting Four Days Notice in Writing shall be given to each be adopted, Member of the Council), on resuming Consideration of such Resolu- and Minute
to be regis35 tion, either to approve or disapprove of the same; and if such Reso- tered in
lution shall be approved of by a Majority of Two Thirds at least of Sheriff Court the Members of the Council who are present at such Second Special Meeting or at such adjourned Meeting, this Act shall thereupon be
held as adopted in the Burgh; and a Copy of the Minute of the 40 Meeting at which such Resolution shall be so approved of shall,
within Fourteen Days thereafter, or within Fourteen Days after the Dismissal of the Appeal against the said Resolution, herein-after 485.
provided for, be registered in the Sheriff Court Books of the County
Appeal to the Board of Trade.
IX. It shall be lawful for any Five or more Muncipal Electors,
The Act X. And whereas in certain Cases it may be expedient that this
Act should be adopted at an earlier Period in the Year One thousand
Town Council of any Burgh shall think it expedient that this Act
provided. If Act not
XI. If at such Second Special Meeting or adjourned Meeting of 40 adopted, Two Years Council, or at such public Meeting of Municipal Electors, the to elapse
Resolution to adopt this Act shall not be approved of, the Town before Con. sideration Council may, after the Expiration of Two Years from the Date of