5 Provisional Orders (No. 1). Penarth Pier. Crown 73. Nothing in this Order affects prejudicially any estate A.D. 1924. right power privilege or exemption of the Crown and in particular nothing herein contained authorises the Council to take use or in any manner interfere with any portion of the shore or bed of the sea or of any river channel creek bay or estuary or any lands rights. hereditaments subjects or rights of whatsoever description belonging to His Majesty in right of His Crown and under the management of the Commissioners of Woods or of the Board of Trade respectively without the consent in writing of the 10 Commissioners of Woods or the Board of Trade as the case may be on behalf of His Majesty first had and obtained for that purpose (which consent the said Commissioners and Board are hereby respectively authorised to give). 74. Notwithstanding the provisions contained in the section As to 15 of this Order of which the marginal note is "Crown rights" or in minerals. any public statute His Majesty and his lessees for their respective interests may work any minerals belonging to the Crown under or adjacent to the lands and works of the Council authorised to be taken or constructed by this Order but in the event of any such 20 right being at any time intended to be exercised the provisions of the Railways Clauses Consolidation Act 1845 with respect to mines lying under or near a railway shall apply when the workings reach a point the distance of which from the nearest of such lands would not if measured horizontally exceed one half the depth of 25 such workings below the surface level of such lands and in the said application of those provisions the term "company" shall mean the Council and the term "railway" shall mean the said lands and works and the "special act" shall mean this Order. 75. The pier shall for all purposes be deemed to form part of 30 the parish and urban district of Penarth in the county of Glamorgan. Pier to be deemed within parish of Penarth. 76. As from the date of transfer the Order of 1892 shall be Repeal of and thereafter is hereby repealed. Order of 1892. 77. All costs charges and expenses of and incident to the pre- Costs of 35 paration and obtaining of this Order and otherwise incurred in Order. reference thereto as taxed by the taxing officer of the House of Lords or of the House of Commons shall be paid by the Council out of the pier revenue or out of the district fund or out of money borrowed for the purposes of the promotion of this Order. Provisional Orders (No. 1). A.D. 1924. The SCHEDULES referred to in the foregoing Order. Penarth Pier. FIRST SCHEDULE. MEMORANDUM OF AGREEMENT made this twenty-second 10 WHEREAS under and by virtue of the Penarth Pier and Promenade And whereas in pursuance of the said Order the Vendors have And whereas by an indenture made on the tenth May one thousand nine hundred and seventeen between the Vendors of 30 the one part and Alfred William Newton of High Street Cheltenham of the other part for the consideration therein mentioned the Vendors leased the said pavilion to the said Alfred William Newton for seven several periods each beginning on Easter Monday in each of the years one thousand nine hundred 35 and seventeen to one thousand nine hundred and twenty-three both inclusive and ending on the Saturday of the week commencing on the last of such years whichever is the longer at the rent of one hundred and fifty pounds for each period: And whereas by the terms of the said indenture the said 40 Alfred William Newton had the option of taking and the 5 10 15 Provisional Orders (No. 1). Vendors thereby covenanted to grant a further lease of the said A.D. 1924. pavilion on the same terms for seven similar periods in the seven years from one thousand nine hundred and twenty-four to one thousand nine hundred and thirty both inclusive: And whereas the said Alfred William Newton on the twenty-eighth September one thousand nine hundred and twenty-two exercised his option to have such further lease at the increased rent of twenty-five pounds for each of the said further periods: And whereas the Purchasers are desirous of purchasing the undertaking and property of the Vendors as hereinafter mentioned and the powers and privileges conferred by the said Order but subject nevertheless to the conditions and upon the terms hereinafter contained: Now it is hereby agreed as follows: 1. Subject to the Vendors obtaining any necessary consent and subject to the Purchasers obtaining a Provisional Order confirmed by Parliament authorising the Purchasers to acquire the said undertaking with all necessary powers and authorities 20 incidentally required the Vendors shall sell free from incumbrances and the Purchasers shall purchase the undertaking of the Vendors which expression shall be deemed to include the said pier pavilion and all other premises comprised and demised by the said agreement for lease of nineteenth December one 25 thousand eight hundred and ninety-one (subject as to the said pavilion to the said lease thereof dated tenth May one thousand nine hundred and seventeen and the extension thereof) and all powers and privileges conferred by the said Order and buildings and works erected thereunder and all goods and chattels goodwill 30 things in action other than book debts agreements and other assets of which the Vendors are possessed or entitled to upon the day fixed by clause 4 hereof for completion of the purchase (hereinafter called "the day of transfer "). 2. The consideration for the said sale shall be the sum of five 35 thousand pounds payable by the purchasers to the Vendors on the completion of the sale at the Office of Messrs. Ingledew and Sons 4 Mount Stuart Square Cardiff the Vendors' solicitors. 3. The Vendors shall deliver to the Purchasers or to their clerk within seven days from the date hereof an abstract of 40 their title together with an abstract of the said lease of the tenth May one thousand nine hundred and seventeen and of the extension thereof and the Purchasers shall deliver their requisitions on title within twenty-one days from the delivery of such abstract. 45 4. The sale and purchase hereby agreed to be made shall be completed within six weeks next following the confirmation Penarth Provisional Orders (No. 1). A.D. 1924. by Parliament of the said Provisional Order and all rent rates taxes and other outgoings shall be paid by the Vendors up to the date of the completion of the purchase. Penarth 5. On the day of transfer the aforesaid consideration of five thousand pounds shall be paid and the Vendors shall execute 5 and do all such assurances and things as shall be reasonably required by the Purchasers for vesting in them and giving to them possession of the undertaking and property hereby agreed to be sold. 6. From the date of this agreement until the date of transfer 10 the Vendors shall carry on the undertaking in the same manner as heretofore so as to maintain the same as a going concern Provided that the Vendors shall not after the date of this agreement raise any capital or borrow any money or make or incur any expenditure or liability on capital account or (otherwise than in the ordinary 15 course of business) make or incur any expenditure or liability on revenue account without the consent of the Purchasers in writing under the hand of their clerk. 7. The Vendors shall not be responsible for any damage caused to the pier or the buildings thereon after the date of this 20 agreement by fire tempest or other inevitable accident and no claim shall be made against the Vendors for any deterioration thereof or damage thereto without the wilful default of the Vendors Provided that if any substantial damage shall be caused to the pier pavilion or buildings prior to the date of transfer 25 the Vendors shall forthwith make good the same or in default the Purchasers may by notice in writing to the Vendors rescind this agreement and thereupon this agreement shall become null and void The Vendors shall as from the date of this agreement and until the date of completion hold any subsisting policy or 30 policies of insurance against fire and other risks or their interest therein and also any other policies of insurance relating to the undertaking and premises hereby agreed to be sold in trust for the Purchasers subject to the consent of the office which issued the same and shall keep up or renew any policy or policies 35 which may expire during the said period All premiums thereon to be apportioned as at the date hereof and any moneys received from such insurances to be applied by the Vendors towards the repair of the said pier. 8. This agreement shall be deemed to incorporate all the 40 conditions of the statutory form of contract for sale of leaseholds issued by the Incorporated Law Society of Cardiff and district except condition numbered 17 so far as the said conditions are applicable to a sale by private treaty and are not inconsistent with this agreement. 45 Provisional Orders (No. 1). Penarth 9. The Purchasers shall forthwith take all steps necessary A.D. 1924. to apply for the consent of the Ministry of Transport and the before-mentioned Provisional Order and the confirmation thereof by Parliament and to obtain all powers necessary to enable 5 them to carry out this agreement and such other powers if any as the Purchasers may think desirable Unless the said consent shall have been obtained and the said Provisional Order shall have been obtained and confirmed and the said powers acquired before the thirty-first day of December one thousand nine 10 hundred and twenty-four or such further period as the parties hereto may agree to in writing this agreement shall be absolutely void. In witness whereof the parties hereto have hereunto affixed their seals the day and year first before written. 15 The Common Seal of the Penarth Promenade For every vessel exceeding the burden of 15 tons and 35 For every vessel of the burden of 50 tons and under £ s. d. per ton 004 - per ton register 100 tons and under - per ton register For every vessel of the burden of 150 tons and upwards 40 All lighters for each trip per ton register All boats entirely open landing or taking on board |