Highways Act Amendment. or Hedge, Ditch, or other Fence, or by placing any Dung, Compost, or other Materials for dressing Land, or any Rubbish, on the Side or Sides of any Carriageway or Cartway within Fifteen Feet of the Centre thereof, or by removing any Soil or Turf from the Side or Sides of any Carriageway or Cartway, except for the Purpose of improving the Road, and by Order of the Highway Board, or, where there is no Highway Board, of the Surveyor, he shall be subject on Conviction for every such Offence to any Sum not exceeding Forty Shillings, notwithstanding that the whole Space of Fifteen Feet from the Centre of such Carriageway or Cartway has not been maintained with Stones or other Materials used in forming Highways; and it shall be lawful for the Justices assembled at Petty Sessions, upon Proof to them made upon Oath, to levy the Expenses of taking down such Building, Hedge, or Fence, or filling up such Ditch or Pit, and removing such Dung, Compost, Materials, or Rubbish as aforesaid, or restoring the Injury caused by the Removal of such Soil or Turf, upon the Person offending: Provided always, that where any Carriageway or Cartway is fenced on both Sides no Encroachment as aforesaid shall be allowed whereby such Carriageway or Cartway shall be reduced in Width to less than Thirty Feet between the Fences on each Side. 52. The Highway Board may and is hereby authorized to Power to contract for purchasing, getting, and carrying the Materials contract for required for the Repair of the Highways, and for maintaining and Materials for repairing keeping in repair all or any Part of the Highways of any Parish within their Highway District, for any Period not exceeding Three Years: Highways. 23 & 24 Vict. c. 106. in 53. A Highway Board for the Purpose of improving the 8 & 9 Vict. Highways within their District may purchase such Lands or c. 18. and Easements relating to Lands as they may require; and " The Lands Clauses Consolidation Act, 1845," and the Act amending corporated. the same passed in the Session of the Twenty-third and Twentyfourth Years of the Reign of Her present Majesty, Chapter One hundred and six, shall be incorporated with this Act, with the Exception of the Clauses relating to the Purchase of Land otherwise than by Agreement. In the Construction of this Act and the said incorporated Acts this Act shall be deemed to be the Special Act, and the Board shall be deemed to be the Promoters of the Undertaking, and the Word "Land" or "Lands" shall include any Easement in or out of Lands. FIRST SCHEDULE. Proceedings of Highway Boards. (1.) The Board shall meet for the Despatch of Business, and shall from Time to Time make such Regulations with respect to the summoning, Notice, Place, Management, and Adjournment of such Meetings, and generally with respect to the Transaction and Management of Business, including Highways Act Amendment. including the Quorum at Meetings of the Board, as they think fit, subject to the following Conditions: (a.) The First Meeting after the Formation of the District shall be held at the Time and Place fixed by the Order of the Justices in that Behalf; (b.) One Ordinary Meeting shall be held in each Period of Four Months, and of such Meetings One shall be held on some Day between the Seventh and Fourteenth Days of April. (c.) An Extraordinary Meeting may be summoned at any Time, on the Requisition of Three Members of the Board, addressed to the Clerk of the Board; (d.) The Quorum to be fixed by the Board shall consist of not less than Three Members; (e.) Every Question shall be decided by a Majority of Votes of the Members voting on that Question; (f.) The Names of the Members present at a Meeting shall be recorded. (2.) The Board shall at the First Meeting, and afterwards from Time to Time at their First Meeting after each annual Appointment of Members of the Board as hereafter mentioned, appoint One of their Members to be Chairman and One other of their Members to be a Vice-Chairman for the Year following such Choice. (3.) If any casual Vacancy occur in the Office of Chairman or Vice-Chairman, the Board shall, as soon as they conveniently can after the Occurrence of such Vacancy, choose some Member of their Number to fill such Vacancy; and every such Chairman or Vice-Chairman so elected as last aforesaid shall continue in Office so long only as the Person in whose Place he may be so elected would have been entitled to continue if such Vacancy had not happened. (4.) If at any Meeting the Chairman is not present at the Time appointed for holding the same, the Vice-Chairman shall be the Chairman of the Meeting; and if neither the Chairman nor Vice-Chairman shall be present, then the Members present shall choose some one of their Number to be a Chairman of such Meeting. (5.) In case of an Equality of Votes at any Meeting the Chairman for the Time being of such Meeting shall have a Second or Casting Vote. (6.) All Orders of the Board for Payment of Money, and all Precepts issued by the Board, shall be deemed to be duly executed if signed by Two or more Members of the Board authorized to sign them by a Resolution of the Board, and countersigned by the Clerk; but it shall not be necessary in any legal Proceeding to prove that the Members signing any such Order or Precept were authorized to sign them, and such Authority shall be presumed until the contrary is proved. SECOND Highways Act Amendment. SECOND SCHEDULE. FORMS. Form of Mortgage. The Highway Board of the sideration of District, in con- Note.-See Sec tion 50 of Act. Pounds paid to the Treasurer of the said Board by A.B. of Pounds bears to the whole Sum borrowed on the Credit of the the Pounds per Pounds, The Interest on this Mortgage will be paid at every Year. Day and The Principal will be paid at Days of Day of on the Given under our Corporate Seal this Day of Note.-Highway Poor Rate when the Highways are maintained out of Poor Rate. Act. Parish means every Parish that separately returns a Waywarden or Waywardens to the Highway Board. in See Sect. 3 of Act. on Note.-The Mortgage must be under the Corporate Seal of the Act, 10 Vict. c. 16. s. 75. Transfer of Mortgage by Indorsement. The within-named A.B., in consideration of the Sum of Pounds paid to him by C.D. of hereby transfers to the said C.D., his Executors, Administrators, and Assigns, all his Interest in the Monies secured by the within-written Mortgage and in the within-named Rates. In witness whereof the said A.B. has hereunto set his Hand and Seal this Note.-The Transfer must be under Seal and duly stamped. See С А Р. СІІ. An Act for amending The Harwich Harbour Act, 1863. BE E it enacted by the Queen's most Excellent Majesty, by and 1. So much of Section Seven of The Harwich Harbour Act, 1863, (hereafter in this Act called the Principal Act,) as relates to the Maps therein mentioned, is hereby repealed. 2. As soon as may be after the passing of this Act the Board of Trade shall cause a Map to be prepared showing the Limits of Harwich Harbour and the Limits of the Jurisdiction of the Harwich Conservancy Board, as the same respectively are described in that Part of Section Seven of the Principal Act which is not repealed by this Act, the Limits of the Harbour being indicated on such Map by a continuous Red Line, and the Part of s. 7 of 26 & 27 Vict. c. 71. repealed. Maps to be made for showing Limits of Harbour and of Jurisdiction. Copies to be Clerks of Maps to be kept and to be open to Inspec tion. Maps to be conclusive Evi dence. Maps already deposited to be delivered up. Provision as to Harwich Harbour Act Amendment. Limits of the Jurisdiction of the Conservancy Board, where it extends beyond the Limits of the Harbour, being indicated thereon by a dotted Red Line. 3. Four Copies of such Map shall be made, and shall be each signed by the President of the Board of Trade, and shall be deposited as follows, namely,-One of the Copies with the Clerk of the Peace for the County of Essex, another with the Clerk of the Peace for the County of Suffolk, the Third with the Town Clerk of the Borough of Harwich, and the Fourth with the Town Clerk of the Borough of Ipswich. 4. The said Four Maps respectively shall be kept in the respective Offices of the Clerks of the Peace and Town Clerks with whom they are deposited, and may be inspected by any Person at any reasonable Time on Payment of One Shilling for each Inspection. 5. Any One of the said Four Maps shall be conclusive Evidence of the Extent of Harwich Harbour and of the Extent of the Jurisdiction of the Harwich Harbour Conservancy Board. 6. On any Map being deposited, as directed by this Act, the Clerk of the Peace or Town Clerk with whom the same is deposited shall deliver up to the Person depositing the same the Map deposited with him under the Principal Act. 7. Notwithstanding anything in the Principal Act, it shall not Life Boat, &c. be necessary for the Harwich Harbour Conservancy Board to provide or maintain any Life Boat, Mortar, or Rockets, except when and as long as they are required by the Board of Trade to do so. Interpretation of Terms. Short Titles. 8. Terms used in this Act have the same respective Meanings as they have when used in the Principal Act. 9. The Harwich Harbour Conservancy Board may from Time to Time purchase and acquire any Lands lying above High-water Mark which they may require for any of the Purposes of the Principal Act; and "The Lands Clauses Consolidation Act, 1845," and "The Lands Clauses Consolidation Acts Amendment Act, 1860," shall be incorporated with this Act, except so far as any of the Provisions thereof are inconsistent with this or the Principal Act: Provided, nevertheless, that this Act shall not authorize the taking or purchasing of any Lands otherwise than by Agreement. 10. This Act may be cited as The Harwich Harbour Act, 1864; and this Act and the Principal Act may be cited together as The Harwich Harbour Acts, 1863 and 1864. CA P. CIII. An Act to authorize the Acquisition of Lands by the Admiralty with a view to the Extension of Portsmouth Dockyard, and for other Purposes connected therewith. [29th July 1864.] WHEREAS it is expedient that the Admiralty be empow ered to acquire certain Property, and to execute certain 'Works, with a view to the Extension of Her Majesty's Dockyard at Portsmouth : · And Portsmouth Dockyard (Acquisition of Lands). 'And whereas a Plan and Sections and a Book of Reference relating to such Lands and Works have been deposited with the Clerk of the Peace for the County of Southampton, which are herein-after referred to as the deposited Plan, Sections, and Book of Reference :' ; 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 Portsmouth Dockyard Act, Short Title. 1864. 2. Terms used in this Act have the same Meanings as the Interpretation. same Terms have in The Admiralty Lands and Works Act, 1864. Lands. 3. Subject and according to the Provisions of The Admiralty Power to AdLands and Works Act, 1864, the Admiralty may, by Agreement miralty to take or compulsorily, purchase or take all or any Part of the Lands Lands specidescribed in the deposited Plan and Book of Reference, or any Interest or Easement in or over the same Lands or any of them. Works. 4. Subject and according to the Provisions of The Admiralty Lands and Works Act, 1864, the Admiralty may, on the Lands taken by them under this Act, and in the Lines, and on the Levels, and within the Limits of Deviation shown on the deposited Plan and Sections, make and execute the Works shown on the deposited Plan, or any of them; which Works comprise the following; namely, First. To make and erect a new Landing Place or Hard, Second. To make, dredge, deepen, and scour a Channel Third. To make a new Road or Street to commence at Fifth. fied. |