Incorporation of Lands Clauses Act, except as to compulsory Powers.

Incorporation of Clauses of 10 & 11 Vict. c. 16. with

respect to

Mortgages.

Validity of Mortgages not withstanding Irregularities of Proceedings.

Public Works (Manufacturing Districts).

proportion to the Costs of the Works undertaken therein respectively, as set forth in the Estimate for the same, approved of by the Poor Law Board, and the Instalments and Interest when so apportioned shall be contributed by the Overseers of such Places respectively upon the Order of the Guardians as aforesaid:

(3.) Where the Works shall be undertaken for a Place, for Part only of which the Guardians are the Local Authority, the Instalments and the Interest shall be contributed by the Overseers upon the Order of the Guardians, but the Overseers shall raise the Amount from Time to Time as required by a Rate upon all the rateable Property within that Part of such Place within which the Guardians are the Local Authority, as if such Part were a separate Place maintaining its own Poor; and such Rate shall be made and enforced in like Manner in every respect as a Rate for the Relief of the Poor: (4.) Where the Works shall be undertaken for One or more Places maintaining their own Poor, and also for One or more such Places, for Part only of which the Guardians are the Local Authority, the Instalments and the Interest shall be apportioned by them between such Places and Parts of Places respectively, and shall be contributed and collected by the Overseers in manner herein-before provided with respect to Contributions from such Places and Parts of Places respectively. 16. The Lands Clauses Consolidation Act, 1845, and any Act amending the same, except with respect to the taking of Lands otherwise than by Agreement, shall be incorporated with this Act; and for the Purposes of those Acts this Act shall be deemed the Special Act, and the Local Board or Local or other Authority exercising the Powers of this Act shall be deemed the Promoters of the Undertaking.

17. The Clauses of The Commissioners Clauses Act, 1847, with respect to the Mortgages to be executed by the Commissioners, except so far as the same may be inconsistent with the Provisions of the said Act of the Session of the Twenty-fourth and Twenty-fifth Years of Her Majesty (Chapter Eighty), or of any of the Acts therein recited, shall be incorporated with this Act; and in the Construction of this Act and of the said incorporated Clauses this Act shall be deemed the Special Act, and the Local Board or Local or other Authority to which a Loan is made shall be deemed to be the Commissioners.

18. Every Mortgage for securing Money lent under this Act purporting to be executed by any such Local Board or Local or other Authority as herein-before described, except Guardians, in manner provided by the Clauses of The Commissioners Clauses Act, 1847, herein incorporated, and every like Mortgage purporting to be executed by the Guardians of any Union, Parish, or Township as aforesaid, shall constitute a complete and valid Security on the Rates, Property, and Income thereby expressed to be mortgaged, and shall give to and impose on the Local

Board

T

Public Works (Manufacturing Districts).

Board or Local or other Authority intrusted with the levying of.
the Rates thereby expressed to be mortgaged, or authorized to
make Calls for Contributions as herein-before mentioned, the
Power and Obligation from Time to Time to levy such Rates, or
to make and enforce such Calls, as the Case may be, to an Amount
sufficient to maintain any such Works and to discharge, in manner
provided by such Mortgage, the Principal and Interest expressed
to be thereby secured, notwithstanding any Defect or Irregularity
in the Election, Appointment, Constitution, or Proceedings of
such Local Board or Local or other Authority, and notwithstand-
ing any Vacancy in the Number of Persons, or any Disqualifica-
tion of any Person or Persons being a Member of or constituting
such Local Board or Local or other Authority, and notwithstanding
that any Person or Persons may have assumed to act as Member
or Members of such Local Board or Local or other Authority, or
as such Authority, though not legally elected, appointed, consti-
tuted, or qualified as such Member, Members, or Authority.

Rates notwith-
standing Defect
with Condi-
in compliance
tions of Act.

19. Where the Public Works Loan Commissioners make a Validity of Loan in pursuance of any such Order of the Poor Law Board as Security on herein-before mentioned, and take a Mortgage for securing Repayment of the same, purporting to be made under the Authority of this Act, they shall not be bound to require Proof that any Condition imposed by this Act has been duly complied with; and in every such Case the Local Board or Local or other Authority shall have full Power and is hereby required to levy the Rates mortgaged, or to make and enforce such Calls for Contributions as aforesaid, as the Case may be, for Repayment of the Money borrowed, with Interest, notwithstanding that any such Condition may not have been complied with; and it shall not be competent to any Ratepayer or other Person to question the Validity of any such Mortgage or Rate on the Ground that any such Condition had not been complied with.

20. The Poor Law Board shall not make an Order for a Loan Limitation of under this Act in any Case after the First Day of July One Time for thousand eight hundred and sixty-four, unless they think fit to obtaining make an Order after that Day with a view to the Completion of Works then already begun.

Loans.

21. This Act shall extend and apply only to Boroughs, Extent of Act. Parishes, Towns, Districts, and Places within or comprising the Unions situate wholly or in part in the Counties of Chester,

Lancaster, and Derby.

22. The Word "Overseers" shall include Churchwardens in Interpretation. the Case of any Parish to which this Act applies.

23. This Act may be cited as The Public Works (Manufac- Short Title. turing Districts) Act, 1863.

SCHEDULE.

THIS DEED, made the

Day of

One

thousand eight hundred and sixty

of

witnesseth, that A.B. being the Owner within the Meaning of

"The Public Works (Manufacturing Districts) Act, 1863," of the

Ꭲ 4

Lands

Public Works (Manufacturing Districts).

Lands mentioned in the Schedule hereto, by virtue and in exercise of the Power in this Behalf vested in him by the said Act, and of every other Power enabling him in this Behalf, doth hereby charge the Inheritance of such Lands with the Sum of Pounds, being the Amount expended by [describe the Local Board or Local or other Authority] in the Execution of the following Works for the Improvement of the said Lands [describe the Works], and with the Sum of Pounds, being

the Amount of the Costs incurred by the said Local Board [or Local or other Authority] and the said A.B. as such Owner as aforesaid in relation to this present Security, making together the Sum of Pounds, together with Interest for Pounds at the Rate

the same aggregate Sum of

of

Day of

per Centum per Annum from the until full Payment thereof; and doth hereby declare that the said Principal Money and Interest shall be paid by the Owner for the Time being of the said Lands to the said Local Board [or Local or other Authority] in manner following; namely, the Interest on such Principal Sum of

Pounds, or on so much thereof as from Time to Time remains unpaid, shall be paid by equal half-yearly Payments on the

of

Day of

and the

Day

in every Year, the First Payment of such Interest

One

; and such Principal

equal

Day of

in every

to be made on the
Day of
thousand eight hundred and sixty-
Sum of
Pounds shall be paid by
annual Instalments on the
Year, the first of such Instalments to be paid on the
One thousand eight hundred and sixty-

Day of

In witness whereof the said A.B. hath hereunto set his Hand

Harwich Harbour.

CA P. LXXI.

An Act for the Preservation and Improvement of Harwich
Harbour.
[28th July 1863.]
W HEREAS it is apprehended that the Navigation into Har-
wich Harbour may be impeded by the Extension of Land-
guard Point across the Mouth of the Estuary in consequence of
an Accumulation of Shingle on the Seaward Side of that Point:
' And whereas Harwich Harbour is used both as a Harbour of
Refuge and for Purposes of local Trade, and it is therefore
expedient that Measures should be taken to prevent the further
'Extension of Landguard Point as aforesaid, and otherwise to
preserve and improve the Harbour:

6

6

'And whereas, with a view to the more effectual Execution of such Measures, it is expedient that the whole Estuary should be placed under the Management of One General Conservancy Authority, with Power to execute all necessary Works, and to levy Rates on Ships using the Harbour:

And whereas it is expedient that a Sum should be contributed, out of Money to be provided by Parliament, towards the Expenses of the Execution of such Works as may be necessary for the Preservation and Improvement of the Har

'bour:

6

6

And whereas it is expedient that certain Dues now levied on Ships using the Harbour and Goods therein, but not applied exclusively to Shipping Purposes, should be abolished :'

May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Preliminary.

1. This Act may be cited as The Harwich Harbour Act, 1863.
2. In this Act-
The Term "Person" shall include Her Majesty, Her Heirs and
Successors:

The Term "the Treasury" means the Commissioners of Her
Majesty's Treasury :

The Term "the Admiralty" means the Lord High Admiral of
the United Kingdom, or the Commissioners for executing the
Office of Lord High Admiral:

The Term "the Board of Trade" means the Lords of the Com-
mittee of Her Majesty's Privy Council appointed for the
Consideration of Matters relating to Trade and Foreign
Plantations:

The Term "the Trinity House" means the Master, Wardens,
and Assistants of the Brotherhood of the Most Glorious and
United Trinity and of Saint Clement in the Parish of Dept-
ford Strond in the County of Kent:

The Term "the Municipal Corporation of Harwich" means the Mayor, Aldermen, and Burgesses of the Borough of Harwich:

The

Short Title. Interpretation of Terms.

Harwich Harbour Conservancy Board incorporated.

Appointment and Election of the several Conservators originally and on Vacancies; Tenure of

Office.

Harwich Harbour.

The Term "the Municipal Corporation of Ipswich" means the
Mayor, Aldermen, and Burgesses of the Borough of Ipswich:
The Term "the Ipswich Dock Commissioners" means the Com-
missioners incorporated by The Ipswich Dock Act, 1852.

Conservancy Board.

3. There shall be Nine Conservators for carrying this Act into execution, which Conservators and their Successors shall be and are hereby, for the Purposes of this Act, incorporated by the Name of 'The Harwich Harbour Conservancy Board, and by that Name shall be One Body Corporate, with perpetual Succession and a Common Seal, and with Power to purchase, take, hold, and dispose of Land and other Property for the Purposes but subject to the Restrictions of this Act.

The Term "the Conservancy Board" herein-after used means The Harwich Harbour Conservancy Board.

4. The Appointment and Election of the several Conservators forming the Conservancy Board, and their Tenure of Office, shall be regulated as follows:

:

(1.) One Conservator shall be appointed by each of the following Authorities,

The Treasury ;

The Admiralty ;

The Trinity House;

The Municipal Corporation of Harwich, acting by the Town Council;

The Municipal Corporation of Ipswich, acting by

the Town Council; and

The Ipswich Dock Commissioners;

and Two by the Board of Trade :

(2.) The First Appointment of each such Conservator shall be made as soon as may be after the passing of this Act: (3.) Each Vacancy in the Office of any such Conservator shall be filled up by an Appointment made by the same respective Authority as appointed or was entitled to appoint the vacating Conservator:

(4.) Each Appointment of any such Conservator shall be determinable at any Time by the Authority which appointed that Conservator, and (subject thereto and to the other Provisions of this Act) shall be operative for Five Years and no longer; but at the End of the Term of Five Years an out-going Conservator shall be capable of Reappointment:

(5.) In case the Municipal Corporation of Harwich or Ipswich or the Ipswich Dock Commissioners fail on any Occasion to appoint a Conservator in conformity with this Act within One Month after being required by the Board of Trade to do so, then the Board of Trade, instead of the Authority so failing, shall for that Turn appoint a Conservator :

(6.) The Owners and Occupiers of Lands situate in the Parishes of Mistley and Manningtree in the County of Essex,

and