A.D. 1927. Nairn Harbour. Byelaws. Council may impose Provisional Orders (No. 2). constituted under the Ministry of Transport Act 1919 (c) as if in section 4 of the said Act of 1874 the words "under 10 for the words "by writing under the hand of the president or of one of the secretaries of the board." (4) An application made to the Minister under this section shall be accompanied by such information and particulars as 15 the Minister may consider relevant certified in such manner as he may require and the Minister and the body or persons holding an inquiry for the purposes of this section may call for such documents and accounts as they may consider relevant and may hear such witnesses as they shall think fit and shall have power 20 to take evidence on oath and for that purpose may administer oaths. 28. (1) The byelaws which may from time to time be made by the Council in exercise of the power in that behalf conferred on them by section 83 of the Harbours Clauses Act 1847 may 25 provide for imposing a penalty not exceeding forty shillings for the breach or non-observance of any of the byelaws. (2) No byelaw shall come into operation until it has received the allowance and confirmation of the Minister of Transport and that allowance and confirmation shall be sufficient for all purposes. 30 (3) Sections 84 and 85 of the Harbours Clauses Act 1817 shall not be incorporated with this Order. FINANCE AND MISCELLANEOUS. 29.-(1) As from the fifteenth day of May one thousand nine hundred and twenty-seven section 23 (Council may impose 35 and levy special rate) of the Order of 1914 shall be and the same is hereby repealed. (2) Subject to the provisions of this Order the Council may from and after the fifteenth day of May in the year one thousand nine hundred and twenty-seven for the purposes of 40 the harbour the harbour undertaking the working management and maintenance of the harbour the borrowing of money (including money required for the construction and maintenance of the works and the payment of the costs of this Order) the Provisional Orders (No. 2). Nairn Harbour. repayment of money already borrowed or which may hereafter be A.D. 1927. borrowed the payment of interest on borrowed money and the other purposes of this Order or for all or any one or more of such purposes charge in equal proportions all owners and 5 occupiers of lands or premises within the burgh with a special harbour rate or assessment (in this Order called "the Nairn Harbour rate") which shall be levied and recovered in the same manner as the general improvement rate authorised by the Police Acts is levied and recovered and all the provisions 10 of those Acts with respect to the mode of imposing levying and recovering the general improvement rate shall mutatis mutandis extend and apply to the Nairn Harbour rate Provided that the Council shall levy the Nairn Harbour rate whenever the harbour revenue is insufficient for the purpose of providing for 15 the payment of interest on and repayment of any moneys borrowed under the powers of this Order. (3) The Nairn Harbour rate shall be in addition to any assessments levied by the Council under the Police Acts but shall not exceed (except with the consent of the Minister of Transport) 20 in any one year two shillings in the pound nor with such consent in any one year two shillings and six pence in the pound on the assessable value of all lands or premises within the burgh. 30.--(1) The Council may (in addition to any other sums Power to 25 already borrowed) from time to time borrow and re-borrow— 30 35 (a) For the purposes of the harbour undertaking and this (c) For paying the costs charges and expenses of this Order (2) Any money may be so borrowed on the security of the 40 harbour revenue or on the security of the Nairn Harbour rate or subject to the provisions of this Order on the security of the charge by this Order authorised or any one or more of them as the Council may from time to time determine. (3) For the purpose of raising the money which may be 45 so borrowed the Council may accept and take from any bank or banking company credit to such amount as they think expedient borrow. Nairn Harbour. Provisional Orders (No. 2). A.D. 1927. on a cash account to be opened and kept with such bank or banking company in the name of the Council according to the usage of bankers in Scotland and the Council may make and grant mortgages or other securities of and may assign the harbour revenue or the Nairn Harbour rate or both of them in security 5 for the repayment of the sum or sums so borrowed or of the amount of the credit or of the sums advanced on the cash account with interest thereon Provided always that the whole sums due and owing by the Council on such cash account and borrowed on mortgage bond or otherwise under the powers conferred by 10 this Order shall never when taken together exceed the aggregate amount of the sum by this Order authorised to be borrowed. Periods for repayment of money borrowed. Securities to rank pari passu. Reserve fund. (4) The Secretary of State for Scotland shall have and may exercise in relation to any such consent as aforesaid all the powers of section 93 of the Local Government (Scotland) 15 Act 1889. 31. The Council shall pay off all moneys borrowed by them under this Order within the respective periods following (that is to say) : (a) As to moneys borrowed under paragraph (a) of sub- 20 section (1) of the section of this Order the marginal note whereof is "Power to borrow" within fifty years from the date or dates of borrowing the same Provided that any moneys borrowed with the consent of the Secretary of State for Scotland shall be repaid within 25 such period and subject to such conditions as he may prescribe: (b) As to money borrowed under paragraph (b) of the said subsection within twenty-five years from the commencement of this Order: (c) As to money borrowed under paragraph (c) of the said subsection within five years from the commencement of this Order. 30 32. All mortgages bonds or other securities granted under the section of this Order of which the marginal note is "Power 35 to borrow" and the amounts due under the same for the time being shall rank pari passu without any preference among such mortgages bonds or other securities by reason of priority in the dates thereof or the dates of advancing the moneys for which the same shall have been granted. 40 33. The Council may if they think fit for the purpose of forming and maintaining a reserve fund not exceeding at any time the sum of two thousand pounds which fund shall be applicable to answer any deficiency at any time happening in the income of the undertakers or to meet any extraordinary 45 claim or demand in respect of the undertaking or for payment Provisional Orders (No. 2). Nairn Harbour. of the cost of renewing any part of the works forming part thereof A.D. 1927. appropriate and set apart subject to the provisions of this Order as to application of revenue any amount which they think fit in any year out of the revenue received under this Order and 5 shall deposit any such amount in some joint stock bank to be increased by accumulation in the way of compound interest or otherwise or shall invest the same in securities upon which trust moneys may be invested (other than securities of the Council) until required for any of the purposes aforesaid. 10 15 20 25 339 30 336 35 34. From and after the commencement of this Order the Application Council shall apply the harbour revenue for the purposes and of harbour in the order following and not otherwise (that is to say) : (1) In paying the costs charges and expenses of and con- (3) In paying year by year the interest on money borrowed (4) In providing for instalments for repayment of money (5) In providing for the repayment of any money borrowed (6) In making such payments (if any) as the Council think (7) In repaying all sums which have been provided by the Subject to and after answering the purposes aforesaid the 40 surplus revenue (if any) shall be applied by the Council in the general improvement of the harbour undertaking. revenue. 35.-(1) The Council shall on or before the date when a Annual copy of their annual account or an abstract thereof is under account to section 96 of the Town Councils (Scotland) Act 1900 to be sent 45 to the Secretary of State for Scotland send to the Ministry of Transport and to the Fishery Board for Scotland a copy of the be sent to Ministry of Transport. Provisional Orders (No. 2). A.D. 1927. separate account required by section 38 (Separate account for harbour undertaking to be kept) of the Order of 1914 and section 16 of the General Pier and Harbour Act 1861 Amendment Act shall apply to and include the Council and any and every such separate account. Nairn Harbour. Application of provisions of Order of 1914 with reference to financial and other matters. (2) The Council shall as from the said date be liable to a penalty not exceeding twenty pounds for each week or part of a week during which they refuse or neglect to comply with the foregoing provisions of this section. 5 36. The following provisions of the Order of 1914 shall 10 extend and apply to the exercise of the powers of this Order as if the same were with all necessary modifications expressly re-enacted in this Order (namely) :— Confirmation of sinking fund formed for repay. Section 50 (Local lighthouse authority). 37. The sinking fund formed by the Council in the year one thousand nine hundred and sixteen for the repayment ment of moneys within a period of thirty years therefrom of the moneys borrowed before the commencement of this Order shall be and the same is 35 hereby confirmed and the Council shall continue the payments into the said fund accordingly. borrowed prior to commencement of this Order. Application of Act 10 and 11 Vict. c. 27. Crown rights. 38. For all the purposes of the Harbours Clauses Act 1847 this Order shall be deemed the Special Act but sections 12 13 79 and 80 of that Act shall not be incorporated with this Order. 40 39. Nothing in this Order shall affect prejudicially any estate right power privilege or exemption of the Crown and in |