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Board of Trade may inquire into and regulate Rates ; 22.
Town Council may extend and improve the Harbour ; 23.
Plans and Working Drawings of the Works to be deposited at the

Admiralty Office ; 24.
Forms of Proceedings against Offenders ; 25.
Transient Offenders may be apprehended, and taken before the Sheriff

or a Justice of the Peace ; 26. Saving the Rights of the Crown ; 27.

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THEY

(Scotland.)

A

B I Ꮮ Ꮮ

TO

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.]

W

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 :

not under

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

Words.

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 :
The Expression “ Improvement” shall mean deepening, lighting, 20

buoying, or any other Work approved by the Lords of the
Admiralty.

Short Title.

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."

25

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,
Docks, and Piers Clauses Act contained shall extend or be construed
to extend to compel any Town Council to erect and keep any Watch-
house, Boathouse, Hut, or Weighing Materials for the Use of the
Officers of Revenue, or to provide or keep a Life Boat, Mortar, or 40
Rockets, or a Tide or Weather Gauge and Barometer, until they shall
be required so to do by the Lords of the Admiralty, in Writing under

the

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.

5

VI. The Expression “the Special Act,” used in the said Lands InterpretaClauses Consolidation Act, and in the said Harbours, Docks, and

tion of

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.

cil may

resolve that

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

Books.

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

provided for, be registered in the Sheriff Court Books of the County
in which the Burgh is situated, and another Copy of the said Minute
shall be within the like Period of Fourteen Days transmitted to the
Office of the Secretary to the Admiralty ; and the Provisions of this
Act shall be in force in respect to the Burgh and the Harbour thereof 5
from and after such Registration and Transmission, the Date of which
or of the last of which shall be held as the Date of the Adoption of
this Act.

Appeal to the Board of Trade.

IX. It shall be lawful for any Five or more Muncipal Electors,
Shipowners, or Traders within such Burgh, or for any Ten or more 10
registered Electors of the County within which such Burgh is
situated, who may be dissatisfied with the said Second Resolution of
the Town Council resolving that this Act shall be adopted in and
applied to the Burgh, to appeal to the Board of Trade against the
said Resolution ; and the Board of Trade shall, as soon as con- 15
veniently may be, after making such Investigation as to the Board
shall seem fit, determine whether this Act shall be adopted in and
applied to the said Burgh or not; provided that Notice of said
Appeal, signed by the said Appellants, shall be lodged with the Town
Clerk of said Burgh within Seven Days after the Resolution of the 20
said Town Council.

may be

tain Cases.

1

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
adopted
earlier than eight hundred and fifty-three than would be competent under the
before pro- Provisions herein-before contained : Be it enacted, That in case the 25
vided in cer-

Town Council of any Burgh shall think it expedient that this Act
should be adopted at an earlier Period than the annual Election of
Councillors in the Year One thousand eight hundred and fifty-three,
it shall be lawful for such Town Council to resolve accordingly, by a
Majority of at least Two Thirds of the Members present at a Special 30
Meeting called for the Purpose; and the Council shall thereupon
convene a public Meeting of the Municipal Electors of the Burgh, by
public Advertisement on Fourteen Days Notice, to consider such
Resolution ; and in case such Resolution of the Town Council shall be
approved of by a Majority of the Municipal Electors present at such 35
public Meeting, the said Resolution shall have the like Force and
Effect as if the same had been approved of by a Second Meeting
of Council held after the annual Election in manner herein-before

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

such

again had

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