Provisional Orders (No. 2). A.D. 1924. and that allowance and confirmation shall be sufficient for all purposes. Girvan Harbour. (3) Sections 84 and 85 of the Harbours Clauses Act 1847 shall not be incorporated with this Order. Provision for life-saving apparatus. Life-saving apparatus may be attached to harbour. Lifebuoys to be kept. Lights on 59.-(1) Sections 16 to 19 inclusive of the Harbours Clauses Act 1847 shall not be incorporated with this Order. (2) The Town Council shall whenever required by the Board of Trade provide at their own expense and to the satisfaction of the Board of Trade a site on or near the harbour and build on 10 that site a house or other proper accommodation for a lifeboat rocket apparatus and other life-saving apparatus. (3) If the Town Council fail to comply with this section they shall be liable to a penalty not exceeding ten pounds for every month during which the failure continues. 15 60. The officers of the coastguard and all other persons for the time being actually employed in connection with the lifeboat or the apparatus for saving life may either permanently or temporarily without payment attach or cause to be attached to any part of the harbour spars and other apparatus for saving 20 life and may also either in course of using or of exercising the apparatus for saving life fire rockets over the harbour. 61. The Town Council shall at all times keep at convenient places in the harbour and in obedience to any requirements which may be made by the Board of Trade lifebuoys and lifelines 25 in good order and fit and ready for use. LIGHTS. 62. The Town Council shall at or near the works below works during high-water mark during the whole time of the constructing construction. altering or extending the same exhibit and keep burning at their 30 own expense every night from sunset to sunrise such lights (if any) and take such other steps for the prevention of danger to navigation as the Board of Trade from time to time require or approve. Permanent lights on works. If the Town Council fail to comply in any respect with the 35 provisions of this section they shall for each day in which they so fail be liable to a penalty not exceeding twenty pounds. 63. The Town Council shall at the outer extremity of the works below high-water mark exhibit and keep burning from sunset to sunrise such lights (if any) and take such other steps for 40 the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct. Provisional Orders (No. 2). If the Town Council fail to comply in any respect with the A.D. 1924. provisions of this section they shall for each day in which they so fail be liable to a penalty not exceeding twenty pounds. Girvan Harbour. 64. In case of injury to or destruction or decay of the Provision 5 works below high-water mark or any part thereof the Town against Council shall lay down such buoys exhibit such lights or take danger to such other means for preventing so far as may be danger to navigation. navigation as shall from time to time be directed by the Commissioners of Northern Lighthouses and shall apply to those Com10 missioners for directions as to the means to be taken and the Town Council shall be liable to a penalty not exceeding ten pounds for every calendar month during which they omit so to apply or refuse or neglect to obey any direction given in reference to the means to be taken. sunk vessels. 65. (1) Whenever any vessel is stranded or sunk in the Removal of harbour or in or near any approach thereto from the sea or is stranded or laid by in the harbour or neglected as unfit for sea service the Town Council may cause that vessel to be raised or removed 20 or to be blown up or otherwise destroyed so as to clear the harbour and its approaches therefrom. (2) The Town Council may cause any such vessel and the furniture tackle and apparel thereof or any part thereof respectively which shall be raised or saved and also all or any part of 25 the cargo goods chattels or effects which may be raised or saved from any such vessel to be sold in such manner as they think fit (subject to such notice being given of the intended sale as is prescribed by the first proviso to section 530 of the Merchant Shipping Act 1894) and out of the proceeds of sale may reimburse 30 themselves for the expenses incurred by them under this section and also for any expenses incurred by them in marking watching lighting or otherwise controlling the vessel and shall hold the surplus (if any) of the proceeds of sale in trust for the persons entitled thereto : 35 Provided that the Town Council shall before selling any such cargo goods chattels or effects as aforesaid pay all duties which may be payable to His Majesty in respect of the cargo goods chattels or effects to be sold and they may retain the amount of the duties so paid out of the proceeds arising from 40 the sale of such cargo goods chattels or effects. (3) If the proceeds of sale are insufficient to reimburse the Town Council for the aforesaid expenses the Town Council may recover the deficiency or in case of an appeal under subsection (4) of this section such sum as is awarded by the arbiter to be 45 payable in respect of the deficiency from the person who at the time of the sinking or stranding of the vessel was the registered Provisional Orders (No. 2). A.D. 1924. Girvan Harbour. Cables pipes or wires under or across tidal waters. Meters and weighers. Appointment of officers to enforce byelaws and regulations. Application of Act 10 & owner thereof or from the executors or administrators of such owner as a debt either summarily as a civil debt or in any court of competent jurisdiction. (4) If on demand being made under this provision for payment of any deficiency the person on whom the demand is made 5 is dissatisfied with the amount demanded he may within fourteen days after the receipt of the demand appeal to the Board of Trade who shall appoint an arbiter to determine and award whether any and what sum is payable in respect of the deficiency and the award of the arbiter appointed by the Board of Trade 10 that no sum is payable or as to the sum payable as the case may be shall be conclusive and binding on both parties The costs of the appeal and the award shall be in the absolute discretion of the arbiter and he shall award and order how those costs are to be borne and paid and any costs so awarded and 15 ordered to be paid by either party may be recovered by the other party in the same manner as the sum payable in respect of the deficiency is recoverable under subsection (3) of this section. (5) The powers given to the Town Council under sub- 20 section (1) of this section shall not be exercised if the registered owner of the vessel stranded or sunk shall within twenty four hours after the vessel shall have been stranded or sunk take such steps as may in the opinion of the harbour master be necessary for the raising or removal thereof and shall thence- 25 forth continuously and diligently and to the satisfaction of the harbour master prosecute and do all such works and things as may in the opinion of the harbour master be necessary and proper for the raising and removal of the vessel as speedily as possible. 66. Notwithstanding anything contained in this Order any cables pipes or wires to be laid or placed by the Town Council under or across any tidal water shall be laid or placed at such depth under or such height over the tidal water as the Board of Trade may require. 30 35 67. The Town Council shall have the appointment of meters and weighers within the limits of the harbour. 68. The Town Council may appoint officers for securing the observance of the byelaws and regulations made by the Town Council under this Order in respect of the harbour and 40 may from time to time procure such officers to be sworn as constables for that purpose but no such officers shall act as constables until so sworn in and unless in uniform or provided with a warrant. 69. For all the purposes of the Harbours Clauses Act 1847 45 this Order shall be deemed "the special Act "but sections 12 and 11 Vict. c. 27. 13 of that Act shall not be incorporated with this Order. Provisional Orders (No. 2). A.D. 1924. Girvan Harbour. 70. All penalties under this Order shall be recovered and applied as penalties are recoverable and applicable under the Recovery of Harbours Clauses Act 1847. penalties. 71. Officers of the Board of Trade and Ministry of Transport Officers 5 and police officers acting in the execution of their duty shall at exempt all times have free ingress passage and egress to along and from the harbour without payment. from rates. 72. The Town Council shall within the limits of the harbour Local be a local lighthouse authority for the purposes of the Merchant lighthouse 10 Shipping Act 1894. authority. 73. Nothing in this Order or in the First Schedule to this Crown Order shall affect prejudicially any estate right power privilege rights. or exemption of the Crown and in particular nothing herein contained shall authorise the Town Council to take use or in 15 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 land heritages 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 re20 spectively without the consent in writing of the Commissioners of Woods or of 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). 25 74. Notwithstanding the provisions contained in the section Crown of this Order of which the marginal note is "Crown rights" or minerals. in 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 Town 30 Council authorised to be taken or constructed by this Order but in the event of any such right being at any time intended to be exercised the provisions of the Railways Clauses Consolidation (Scotland) Act 1845 with respect to mines lying under or near the railway shall apply when the workings reach a point 35 the distance of which from the nearest of such lands would not if measured horizontally exceed one half the depth of such workings below the surface level of such lands and in the application of those provisions the term "company" shall mean the Town Council and the term "railway shall mean the said 40 lands and works. 75. The harbour shall be deemed to be for all purposes Harbour to within the burgh. 76. The Harbour Orders are hereby repealed. be within burgh. Repeal. 77. All costs charges and expenses of and incident to the Costs of 45 preparing obtaining and confirmation of this Order and otherwise Order. incurred in reference thereto (as taxed by the proper officer) A.D. 1924. Girvan Harbour. Provisional Orders (No. 2). The SCHEDULES referred to in the foregoing Order. FIRST SCHEDULE. MINUTE OF AGREEMENT between the Harbour of Girvan It is Contracted and Agreed between the parties as follows:- |