Authority to execute works. Special meeting to consider as to charging town rates with expenditure in excess of estimate. 17 & 18 Vict. . 103. On such lodgment being made all the said harbour of Arklow, and the lands, piers, quays, wharves, and buildings thereof, or in any manner connected therewith (in this Act referred to as the harbour), as the same are delineated in red in the tracing now deposited in the office of the Board in Dublin, and to which the seal of the Board has been affixed (subject, however, to the reservation herein-after contained), and all rights and easements connected therewith, shall be and the same are hereby transferred to and vested in the Board of Works for the purposes herein-after mentioned; discharged from all estates, rights, titles, charges, and incumbrances whatsoever of the Wicklow Copper Mine Company, and of every other person, other than those of Her Majesty, her heirs and successors: Provided, however, that the tramways, turntables, and weighing houses belonging to the Wicklow Copper Mine Company in connexion with the harbour, existing at the time of the passing of this Act, shall remain vested in the Company, with the exclusive right to use the same. 4. The Board may proceed with all necessary works for deepening, extending, and improving the harbour, and with such other works appertaining thereto, as they may deem fit and proper; and for that purpose, may do any matter or thing and shall have and may, if they think fit, exercise any right, power, or authority, with reference to such works which they might do, or would have if the work were undertaken by them under the provisions of the Act of the session of the ninth and tenth years of the reign of Her present Majesty, chapter three, and any Act amending the same, and may expend for that purpose, out of the moneys placed in their hands by Parliament, any sum not exceeding the sum of thirty thousand pounds. 5. If at any time before the completion of the said works the Board reports to the Treasury that it would be desirable to expend any further sum in excess of the sum of thirty thousand pounds for the completion of the works, and recommends that a loan should be offered for that purpose upon the security herein-after mentioned, and the Treasury thinks fit to sanction such loan, then a special meeting of the Town Commissioners of the town of Arklow shall be held on some day to be appointed by the Board, at which the Town Commissioners shall declare their opinion as to the expediency of charging the rates of the town with the repayment of such further loan as may be offered to be advanced by the Board for the completion of the harbour in excess of the sum of thirty thousand pounds, or with such limited sum for the like purpose as the Town Commissioners think proper to approve. For the assistance of the Town Commissioners, a person nominated by the Board shall be present at such meeting. If the Town Commissioners pass a resolution in favour of such charge, the Treasury may by order declare all property in the town rateable by the Town Commissioners under the powers conferred on them by the Towns Improvement (Ireland) Act, 1854, to be charged with the payment of the whole of such further loan and interest, or with such limited sum and interest as the Town Commissioners shall, by their resolution, have approved. And such rateable property shall by virtue of this Act become charged with such payment accordingly. All sums declared by the Treasury to be charged upon the town shall be repayable within such period as the Treasury may at their discretion determine, at such rate of interest as the Treasury have fixed for loans to which section two of the Public Works Loans Act, 1879, applies; and otherwise upon the 42 & 43 Vict. same terms and conditions as apply to loans made by the Board c. 77. for purposes like to the purposes of this Act, under the Act of the session of the first and second years of the reign of King William the Fourth, chapter thirty-three, intituled, "An Act for the "Extension and Promotion of Public Works in Ireland." baronies. 6. On the completion of the works, or at such other time as the Payments by Treasury may direct, the Board shall make an order declaring the sums payable by the said baronies, or some or one of them, on account of the loan referred to in this Act. Such sums shall be raised from time to time by grand jury presentments, the first of which shall be made at the assizes next after the making of the order by the Board. And the Board shall, before each assizes, make out a certificate for each of the counties of Wicklow and Wexford, or for one of them, as the case may be, specifying the amount then payable by any barony in such county under this Act. The Board shall transmit the certificate to the secretary of the grand jury of the county, to be laid before the grand jury, and thereupon the grand jury shall, without any previous application to presentment sessions, make a presentment for the amount specified in such certificate as payable by the barony or baronies therein specified; and in default of such presentment the amount shall be raised by an order of the judge of assize, which shall have the force of a presentment. The amount raised in such presentment shall be paid to the Board in such manner as the Treasury may from time to time direct. Arklow. 7. In case any further loan in excess of the estimated sum of Payments by thirty thousand pounds has been advanced by the Board for the town of completion of the harbour, and the rateable property in the town of Arklow has been declared by the order of the Treasury to be charged with the payment of any sum on account thereof, the Board shall, on the completion of the works, or at such other time as the Treasury may direct, make an order declaring the sums payable by the town on account of such further loan. The Board shall annually, or at such intervals as they think fit, make out a certificate specifying the amount then payable by the town under this Act. The Board shall transmit the certificate to the town clerk to be laid before the Town Commissioners. The sums specified in such certificate shall be raised from time to time by the Town Commissioners, by a special rate, to be in addition to any rates which they are empowered to make under the Towns Improvement (Ireland) Act, 1854. The provisions of the said Act relative to the making and enforcement of rates, and the partial exemption of certain classes of property, shall apply to any rate made under this Act. Every certificate of the Board under this Act shall be conclusive evidence of all facts and circumstances necessary to authorise the making of it. Transfer of harbour to Harbour Commissioners. Incorporation of Harbour Commissioners. Appointment and election of Harbour Com the several missioners, originally and on vacancies; tenure of office. 8. Upon the completion of the works authorised to be constructed by the Board under this Act, or at such other time as the Treasury may direct, the Board may, with the consent of the Treasury, by order under their seal, declare that the harbour shall from a time to be named in such order be vested in the Harbour Commissioners constituted under this Act; and thereupon the harbour, and all the property connected therewith by this Act transferred to the Board shall, without any conveyance thereof, be transferred to and vested in the Harbour Commissioners, for the purposes of this Act. Constitution and Powers of Harbour Commissioners. 9. For the purposes of this Act there shall be Harbour Commissioners, not exceeding seven in number, which Commissioners and their successors are hereby constituted a body corporate by the name of the Arklow Harbour Commissioners, 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. 10. The appointment and election of the several Commissioners forming the Harbour Commission, and their tenure of office, shall be regulated as follows: (1.) One Commissioner shall be appointed by the Treasury; one (2.) The first appointment of each such Commissioner shall be by the Treasury, by notice addressed to the secretary of the grand jury of the county, to do so, then the Treasury, instead of the authority so failing, shall for that turn appoint a Commissioner or Commissioners. The powers of the Commissioners shall not be dependent upon the whole number of Commissioners being at any one and the same time in office. 11. The Commissioners Clauses Act, 1847, shall be incorporated Incorporation with this Act, and shall (so far as the same may be applicable and of parts of not inconsistent with any of the provisions of this Act) apply to the Harbour Commissioners (for the purposes of which Act this Act shall be deemed to be the special Act); except the clauses with respect to accounts and byelaws, and recovery of damages and penalties; and section one hundred and nine thereof shall be read as subject to the provisions of this Act expressly affecting such of the rights or things therein mentioned as are specified in this Act; and with reference to section thirty-nine, the prescribed number (forming a quorum) of the Commissioners shall be three. 10 & 11 Vict. c. 16. 12. It shall be lawful for the Harbour Commissioners to levy or Power to levy cause to be levied and paid for the use of the harbour such tolls, tolls, &c. wharfage rates, licence duties, and charges as the Treasury shall from time to time approve of. The power vested by this section in the Harbour Commissioners shall, immediately after the passing of this Act, and until the transfer of the harbour to the Harbour Commissioners, be vested in the Board. Accounts and annual report of Harbour Commis 13. The accounts of the receipts, expenditure, credits, and liabilities of the Harbour Commissioners shall be kept and audited, and the same, or proper abstracts thereof, shall be published, in such form and manner, and at such times as the Treasury from time to sioners. time directs or approves; and a proper abstract of all such accounts, together with a report of the Harbour Commissioners on their proceedings, and on the works executed by them, and on the state of the harbour, shall be annually furnished by them to the Treasury, who shall lay the same before both Houses of Parliament. 10 & 11 Vict. c. 27. 14. The provisions of the Harbours, Docks, and Piers Clauses Incorporation Act, 1847, with respect to watchhouses, boathouses, warehouses and of parts of cranes, and legal quays; and with respect to the rates to be taken by the undertakers and exemption therefrom; and with respect to the collection of rates; and with respect to harbour masters, dock masters, and pier masters; and with respect to the discharge of cargoes and removal of goods; and with respect to the protection of the harbour, dock, and pier; and with respect to lighthouses, beacons, and buoys; and with respect to byelaws; and with respect to the recovery of damages and penalties; and also sections twelve and thirteen of the said Act as the same are amended by any Act or Acts, shall be incorporated with this Act, so far as the same may be applicable and not inconsistent with any of the provisions of this Act, and for the purpose of such incorporation this Act shall be deemed to be the special Act, and the Board until the transfer of the Harbour to the Harbour Commissioners shall be taken to mean the undertakers, and after such transfer the Harbour Commissioners shall be taken to mean the undertakers: Provided, that Abatement Lights to be exhibited during construction of works. Survey of Lights to be exhibited on permanent works. Bridge to be maintained for purposes of tramway. Application of tolls. the rates to be fixed by the Harbour Commissioners shall be subject to the approval of the Treasury. 15. If a work constructed by the Board or the Harbour Commissioners on, in, over, through, or across tidal lands or a tidal water is abandoned or suffered to fall into decay, the Board of Trade may abate and remove the work or any part of it, and restore the site thereof to its former condition at the expense of the Board or Harbour Commissioners, and the amount of such expense shall be a debt due from the Board or Harbour Commissioners to the Crown, and recoverable accordingly with costs, or the same may be recovered with costs as a penalty is recoverable from the Board or Harbour Commissioners. 16. The Board or the Harbour Commissioners shall on or near the works below high-water mark hereby authorised, during the whole time of the construction, altering, or extending thereof, exhibit and keep burning at their own expense every night from sunset to sunrise such lights (if any) as the Board of Trade from time to time requires or approves, and (notwithstanding the enactments for the time being in force respecting lighthouses) shall also on or near the work when completed always maintain, exhibit, and keep burning at their own expense every night from sunset to sunrise such lights (if any) for the guidance of ships as the Board of Trade from time to time requires or approves. If the Board or the Harbour Commissioners fail to comply in any respect with the provisions of the present section, they shall for each night in which they so fail be liable to a penalty not exceeding twenty pounds. 17. If at any time the Board of Trade deems it expedient for the purposes of this Act to order a survey and examination of a work constructed by the Board or the Harbour Commissioners on, in, over, through, or across tidal lands or tidal water, or of the intended site of any such work, the Board or the Harbour Commissioners shall defray the expense of the survey and examination, and the amount thereof shall be a debt due from the Board or the Harbour Commissioners to the Crown and be recoverable accordingly with costs, or the same may be recovered with costs as a penalty is recoverable from the Board or the Harbour Commissioners. 18. The Harbour Commissioners shall at the outward extremity of the works of Arklow Harbour exhibit and keep burning from sunset to sunrise such light or lights (if any) as the Commissioners of Irish Lights shall from time to time require. 19. The swivel bridge on the north side of the harbour shall be maintained by the Harbour Commissioners as an opening bridge. And the Wicklow Copper Mine Company shall have a right of way over the same for the purposes of their tramways and general business, subject to any rules or byelaws of the Harbour Commis sioners. 20. The tolls, rates, and charges payable under the provisions of this Act shall be applied by the Harbour Commissioners from time to time in repairing and maintaining the harbour, and the overplus thereof, if any, shall be applied for indemnifying any barony chargeable with any payment under this Act against such charge or liability and for indemnifying the town of Arklow if it |