Offenders not ment shall specify the number of strokes to be inflicted and the instrument to be used in the infliction of them; and in the case of an offender whose age does not exceed fourteen years, the number of strokes inflicted shall not exceed twelve, and the instrument used shall be a birch rod. 2. No offender shall be whipped more than once for the same offence; and to be whipped in Scotland no offender above sixteen years of age shall be whipped for theft, more than once, &c. or for crime committed against person or property. Construction Notice by advertisement CHAPTER 19. AN ACT to amend The General Pier and Harbour Act, 1861. [16th May 1862.] WHEREAS it is expedient to amend The General Pier and Harbour Act, 1861, herein-after called the principal Act: Be it therefore 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 shall be read (as far as may be) together with the principal Act as one Act, and may be cited as The General Pier and Harbour Act, 1861, Amendment Act. I. FUTURE APPLICATIONS FOR PROVISIONAL ORDERS. 3. ANY persons intending to make application to the Board of Trade for a as in schedule provisional order relative to a pier or harbour, which persons are herein-after (B.) part I. called the promoters, shall in the months of October and November, or either of them, immediately preceding the application for the provisional order, publish notice of their intention by advertisement according to the regulations contained in schedule (B.) part I. to this Act. Deposit of documents, as 4. ON or before the thirtieth day of November immediately preceding the in schedule (B.) application for the provisional order, the promoters shall deposit the documents described in schedule (B.) part II. to this Act, according to the regulations therein contained. [*] part II. Subsequent deposit of 5. ON or before the twenty-third day of December in the same year, the promoters shall deposit the documents mentioned in schedule (B.) part III. to in schedule (B.) this Act, according to the regulations therein contained. documents, as part III. Extent of II.-FUTURE OR PENDING APPLICATIONS FOR PROVISIONAL ORDERS. 6. THE provisions of this part of this Act shall apply to every provisional part II. of Act. order of the Board of Trade on any application already made or to be hereafter made. Approval of works by Admiralty. Works. 7. BEFORE commencing the construction of any part of the works. authorized by a provisional order, the undertakers shall deposit at the Admi [Any provision of this Act requiring any deposit of documents to be made at the Admiralty Office, rep., 25 & 26 Vict. c. 69. s. 12.; and see sect. 14 of that Act.] ralty Office working drawings of the whole works for the approval of the Lords of the Admiralty: The works shall not be constructed otherwise than in accordance with such approval. After the same are commenced or constructed the undertakers shall not alter or extend the same without first obtaining the like approval. If any work be commenced, constructed, altered, or extended contrary to this provision, the Lords of the Admiralty may, at the expense of the undertakers, abate and remove it, or any part of it, and restore the site thereof to its former condition. disuse, &c. of works. 8. If any work authorized by any provisional order be abandoned or Abandonment, suffered to fall into disuse or decay, the Lords of the Admiralty may, if and as they think fit, at the expense of the undertakers, either repair and restore such work or any part of it, or abate and remove it or any part of it, and restore the site thereof to its former condition. Admiralty 9. THE Lords of the Admiralty may at any time, at the expense of the undertakers, cause to be made a local survey and examination of the works may cause authorized by any provisional order, or of the site thereof. 10. WHENEVER the Lords of the Admiralty, under the authority of this Act, do any act or thing in relation to any works authorized by any provisional order, which they are by this Act authorized to do at the expense of the undertakers, the amount of such expense shall be a debt due to the Crown from the undertakers, and shall be recoverable as such, with costs; or the same may be recovered with costs as a penalty is or may be recoverable from the undertakers. 11. DURING the construction of the works the undertakers shall, at their own expense, exhibit and keep burning every night from sunset to sunrise such lights for the guidance of vessels as the Lords of the Admiralty shall from time to time require or approve of: If the undertakers refuse or neglect to comply with this provision, they shall for each offence be liable to a penalty not exceeding ten pounds. survey to be made. Recovery of expenses from undertakers. Lights to be exhibited at night during construction of works. time for completion of works. 12. THE works authorized by any provisional order shall be completed Limitation of within five years after the passing of an Act confirming the provisional order, or within such other time as the provisional order may direct; and on the expiration of that period the powers by the order given to the undertakers for executing the same, or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as is then completed. Rates. 13. ON payment of the rates payable under a provisional order, and subject to the provisions of the principal Act and this Act and the provisional order, the pier or harbour to which the provisional order relates and its approaches shall be open to all persons for the shipping and unshipping of goods, and the embarking and landing of passengers; and such persons and passengers shall have unobstructed ingress, passage, and egress into, along, through, and out of the same. Pier, &c. to be open to public rates. on payment of Board of Trade to revise rates. 14. WHERE the undertakers are a company incorporated by the provisional Power to order for the purposes of the undertaking, then, if at any time it appear to the Board of Trade that the clear annual profits divisible on the subscribed and paid-up capital of the company, on the average of the then three last Company to send copy of annual account in abstract to Board of Trade, &c. Audit of account on complaint to Board of Trade, Rates to be preceding years, amount to or exceed the rate of ten per centum per annum on 15. WHERE the undertakers are a company as aforesaid, the company, within one month after sending to the clerk of the peace for the county the copy of their annual account in abstract, shall send a copy of the same to the Board of Trade, who shall forward a copy to any persons who may require the same: If the company refuse or neglect to comply with this provision, they shall for every such refusal or neglect be liable to a penalty not exceeding twenty pounds. 16. If, on complaint in writing by any person interested, it appear to the Board of Trade that there is reasonable ground for believing that such lastmentioned account has not been duly kept, or that any rates have been improperly or unfairly levied by the company, or have not been applied in ccordance with the order, then the following provisions shall take effect : (1.) The Board of Trade may appoint an auditor to audit and examine such account, and inquire into the matters complained of, and report to the Board of Trade on such account and matters: (2.) The company shall on demand produce to such auditor all or any of (3.) In case any such complaint be found to be true, the reasonable expenses (5.) In either case, such expenses shall be a debt due to the Crown from 17. ALL rates levied under any provisional order shall be charged equally equally levied. to all persons with respect to the same description of vessels and the same description of goods. Mode of recovery of rates. 18. WITHOUT prejudice to any other remedy, the undertakers may recover any rates due in respect of a vessel from the owner or master of such vessel, and any rates due in respect of goods from the owner or consignee of such goods, by proceedings in any court of competent jurisdiction. General Provisions. e. 17. incor 19. Sowner to the provisions of the principal Act and this Act and any 10 & 11 Viet. provisional order. The Harbours, Docks, and Piers Clauses Act, 1847, shall be porated with deemed to be incorporated with every provisional order. provisional orders. 20. THE undertakers may grant or allow to any persons the right of laying Water pipes drwn, or constructing and maintaining pipes or channels for the conveyance of water so on, and within the pier or harbour, and may demand and receive such suns în consideration of such grant or allowance as they may think ping Act, &c. 31. THE undertaking authorized by any provisional order shall be subject Application of a the provisions of The Merchant Shipping Act, 1854, and of every general Merchant ShipAn ruating to harbours or dues on shipping or on goods carried in ships, now n free or hereafter to be passed, and to any future revision or alteration under the authority of Parliament of the rates authorized by the order. 22. Tax costs of and connected with the preparation and making of each Costs of order. provisional order shall be paid by the promoters. IV-GENERAL PROVISIONS. local Acts not to be made without consent. 25. TEE Board of Trade shall not make any provisional order taking away Order affecting string any right, privilege, power, jurisdiction, or authority given or powers under served to any person or corporation by any local or special Act of Parliament, without the consent in writing of such person or corporation; but, stject to this restriction, and to the provisions of the principal Act and of this Act, every provisional order, when duly confirmed by Parliament, shall be of full force and effect, any local or special Act to the contrary mtwithstanding of Trade to 16. EVERY provisional order of the Board of Trade on any application Power to Board my made or to be hereafter made shall take effect subject and according impose terus, a such restrictions and provisions and on such terms and conditions as may se je merein specified, not being inconsistent with the provisions of the principal At or this Act. 4. & 21. THE provisions of the Act of the session of the seventh year of King Application of Tan the Fourth and the first year of Her Majesty, chapter eighty-three,vt & St *a angel clerks of the peace for counties and other persons to take the to the deposit custody of such documents as shall be directed to be deposited with them of documents under the standing orders of either House of Parliament," shall (as far as may be apply to all cases of deposit of documents made or to be made with any person under the principal Act or this Act. under this AG. Company to send copy of annual account in abstract to Board of Trade, &c. Audit of account on complaint to Board of Trade. Rates to be preceding years, amount to or exceed the rate of ten per centum per annum on the nominal value of the shares, the Board of Trade may, if in their discretion they think fit, require the company to reduce the rates received by them to such extent as may to the Board of Trade seem fit: If the company refuse or neglect to comply with any such requirement, they shall be liable to a penalty not exceeding fifty pounds for every day during which such refusal or neglect shall continue: Provided that, if at any subsequent time the profits fall below the said rate of ten per centum per annum, the company may, with the sanction of the Board of Trade again raise the said rates to an amount not exceeding the amount authorized by the provisional order. 15. WHERE the undertakers are a company as aforesaid, the company, within one month after sending to the clerk of the peace for the county the copy of their annual account in abstract, shall send a copy of the same to the Board of Trade, who shall forward a copy to any persons who may require the same: If the company refuse or neglect to comply with this provision, they shall for every such refusal or neglect be liable to a penalty not exceeding twenty pounds. 16. If, on complaint in writing by any person interested, it appear to the Board of Trade that there is reasonable ground for believing that such lastmentioned account has not been duly kept, or that any rates have been improperly or unfairly levied by the company, or have not been applied in ccordance with the order, then the following provisions shall take effect : (1.) The Board of Trade may appoint an auditor to audit and examine such account, and inquire into the matters complained of, and report to the Board of Trade on such account and matters: (2.) The company shall on demand produce to such auditor all or any of (3.) In case any such complaint be found to be true, the reasonable expenses (5.) In either case, such expenses shall be a debt due to the Crown from 17. ALL rates levied under any provisional order shall be charged equally equally levied. to all persons with respect to the same description of vessels and the same description of goods. 18. WITHOUT prejudice to any other remedy, the undertakers may recover any rates due in respect of a vessel from the owner or master of such vessel, and any rates due in respect of goods from the owner or consignee of such goods, by proceedings in any court of competent jurisdiction. |