General Provisions. 19. SUBJECT to the provisions of the principal Act and this Act and any provisional order, The Harbours, Docks, and Piers Clauses Act, 1847, shall be deemed to be incorporated with every provisional order. 10 & 11 Vict. c. 27. incorporated with provisional orders. 20. THE undertakers may grant or allow to any persons the right of laying Water pipes. down or constructing and maintaining pipes or channels for the conveyance of water to, on, and within the pier or harbour, and may demand and receive such sums in consideration of such grant or allowance as they may think reasonable. 21. THE undertaking authorized by any provisional order shall be subject Application of to the provisions of The Merchant Shipping Act, 1854, and of every general Merchant Shipping Act, &c. Act relating to harbours or dues on shipping or on goods carried in ships, now in force 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. THE 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. 25. THE Board of Trade shall not make any provisional order taking away or abridging any right, privilege, power, jurisdiction, or authority given or reserved to any person or corporation by any local or special Act of Parliament, without the consent in writing of such person or corporation; but, subject 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 notwithstanding. Order affecting powers under local Acts not to be made without consent. 26. EVERY provisional order of the Board of Trade on any application Power to Board already made or to be hereafter made shall take effect subject and according of Trade to impose terms, to such restrictions and provisions and on such terms and conditions as may &c. be therein specified, not being inconsistent with the provisions of the principal Act or this Act. 1 Vict. c. 83. to the deposit of documents 27. THE provisions of the Act of the session of the seventh year of King Application of William the Fourth and the first year of Her Majesty, chapter eighty-three, 7 Will. 4. & "to compel clerks of the peace for counties and other persons to take the "custody of such documents as shall be directed to be deposited with them " 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 Act. 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. 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. SCWRCT to the provisions of the principal Act and this Act and any 10 & 11 Vet. provisional order. The Harbours, Docks, and Piers Causes Act, 1847, shall be seemed to be incorporated with every provisional order. perated with provisional orders. 10. TH3 undertakers may grant or allow to any persons the right of laying water pipes. hown or constructing and maintaining pipes or channels for the conveyance of wider 20, ou, and within the pier or harbour, and may demand and receive sui sums in consideration of such grant or allowance as they may think ping Act, &c. 11. Tas undertaking authorized by any provisional order shall be subject Application of a the provisions of The Merchant Shipping Act, 1834, and of every general Merchant ShipAt maning to harbours or dues on shipping or on goods carried in ships, now in 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. Tas costs of and connected with the preparation and making of each Costs of order. misional order shall be paid by the promoters. IV-GENERAL PROVISIONS 15. The Board of Trade shall not make any provisional order taking away Order affecting sindring any right, privilege, power, jurisdiction, or authority given or powers under served as any person or cerperation by any local or special Act of Parlia- to be made ment, without the consent in writing of such person or corporation: but. without sheet to this restriction, and to the provisions of the principal Act and s Act, every provisional order, when duly confirmed by Parliament, stal be off force and effect, any local or special Act to the contrary mersanding 26. Ev43y provisional order of the Board of Trade on any application Power to Board ready made or to be hereafter made shall take effect subject and severding of true to & such restrictions and provisions and on such tertus and conditions as may &e. de herein specified, not being inconsistent with the provisions of the principal unpose terus, 37. Tas provisions of the Act of the session of the seventh year of King Applestion of Villan the Fourth and the first year of Her Majesty, chapter eighty-three, va 、: * compel dierks of the peace for ecunties and other persons to take the to the deposit of vistody of such documents as shall be directed to be deposited with them documents *inder the standing orders of either House of Parliament, shall as far as 1ay be apply to all cases of deposit of documents made or to be made with person under the principal Act or this Act. SCHEDULES. SCHEDULE (B.) PART I. Advertisement in October or November of intended Application. (1.) EVERY advertisement is to state 1. The objects of the intended application, specifying any of the following objects, when comprised among the objects of the application : (a.) Extension of time for the completion of any works already authorized: (b.) Power for a company to amalgamate with another: (c.) Power to sell, purchase, lease, or take on lease an undertaking: (d.) Amendment or repeal of any local or special Act of Parliament, or of any former provisional order: (e.) Power to levy any tolls, rates, or duties, or to alter any existing tolls, rates, or duties: (f) The conferring, varying, or extinguishing of any exemption from tolls, rates, or duties, or of any other right or privilege : (g.) Constitution or alteration of constitution of any harbour authority. 2. A general description of the nature of the proposed new works, if any. 3. The names of the parishes, townlands, townships, and extra-parochial places in which the proposed new works, if any, will be made. 4. The times and places at which the deposit under part II. of this schedule will be made. 5. An office, either in London, or at the place to which the intended application relates, at which printed copies of the draft provisional order, when deposited, will be purchaseable as herein-after provided. (2.) The whole notice is to be included in one advertisement, which is to be headed with a short title descriptive of the undertaking or application. (3.) The advertisement is to be inserted once at least in each of two successive weeks in some one and the same newspaper published in the city, town, or place where the proposed works will be made, or where the pier or harbour to which the intended application relates is situate; or if there be no such newspaper, then in some one and the same newspaper published in the county in which such city, town, or place, or some part thereof, is situate; or if there be none, then in some one and the same newspaper published in some adjoining or neighbouring county. (4.) The advertisement is also in every case to be inserted once at least in the London Gazette if the place to which the intended application relates is situate in England or Wales, in the Edinburgh Gazette if such place is situate in Scotland, or in the Dublin Gazette if such place is situate in Ireland. PART II. Deposit on or before 30th November. (1.) The promoters are to deposit 1. A copy of the advertisement published by them. 2. A proper plan and section of the proposed new works, if any; such plan and section to be prepared according to such regulations as may from time to time be made by the Board of Trade in that behalf. (2.) The documents aforesaid are to be deposited for public inspection- 2. At the custom house, if any, of the port, sub-port, or creek to which the intended (3.) The documents aforesaid are also to be deposited in the offices of the Admiralty and of the Board of Trade. [*] PART III. Deposit on or before 23d December. (1.) The promoters are to deposit at the office of the Board of Trade 1. A memorial of the promoters, signed by them or one of them, headed with a short title descriptive of the undertaking or application (corresponding with that at the head of the advertisement), addressed to the Board of Trade, and praying for a provisional order. 2. A printed draft of the provisional order as proposed by the promoters. 3. An estimate of the expense of the proposed new works, if any, signed by the person making the same. (2.) They are also to deposit printed copies of the draft provisional order for public inspection at the custom house (if any) of the port, sub-port, or creek to which the application relates. (3.) They are also to deposit a sufficient number of such printed copies at the office named in that behalf in the advertisement; such copies to be there furnished to all persons applying for them at the price of not more than one shilling each. CHAPTER 20. AN ACT respecting the Issue of Writs of Habeas Corpus out of England into [16th May 1862.] WHEREAS it is expedient that writs of habeas corpus should not issue out of England into any colony or foreign dominion of the Crown where Her Majesty has a lawfully established court or courts of justice having authority to grant and issue the said writ, and to ensure the due execution thereof throughout such colony or foreign dominion: 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: 1. No writ of habeas corpus shall issue out of England, by authority of any judge or court of justice therein, into any colony or foreign dominion of the Crown where Her Majesty has a lawfully established court or courts of justice having authority to grant and issue the said writ, and to ensure the due execution thereof throughout such colony or dominion. 2. PROVIDED, that nothing in this Act contained shall affect or interfere with any right of appeal to Her Majesty in Council now by law existing. Writ not to VOL. XIV. [See note to section 4.] B |