Provisional Orders (No. 2).

Harbour.

every person partnership or company appearing by A.D. 1924.
the register of harbour ratepayers to be a harbour
ratepayer and who or which in the preceding Teignmouth
three years ending with the thirtieth day of June
nineteen hundred and twenty-four or the thirtieth day
of June in any subsequent third year has paid any
such rates and dues to the average amount of five
pounds per annum or upwards but less than twenty
pounds one vote to the average amount of twenty
pounds per annum or upwards but less than fifty
pounds two votes and to the average amount of fifty
pounds per annum or upwards three votes but no
person partnership or company shall have more than
three votes.

(12) The registered shipowners shall be entitled to
votes according to the following scale (that is to say)
every person partnership or company appearing by
the register of the registered shipowners to be a
registered shipowner whether as part owner or sole
owner to the amount or aggregate amount of fifteen
registered tons or upwards but less than three hundred
tons one vote to the amount or aggregate amount of
three hundred registered tons or upwards but less
than five hundred tons two votes and to the amount
or aggregate amount of five hundred registered tons
or upwards three votes but no person partnership or
company shall have more than three votes.

(13) From the commencement of this Order the clerk shall subject to the provisions of this Order prepare and keep a register of the harbour ratepayers who within twelve months beginning with the first day of July nineteen hundred and twenty-one and in every subsequent year and ending with the thirtieth day of June in the next year shall have paid any of the rates and dues specified in the Schedule "B" to the Act of 1853 or Schedule "B" to this Order and shall from time to time insert therein the names and addresses of all persons partnerships and companies entitled to be included in such registers respectively together with the particulars of the amounts from time to time paid to the Commissioners by each such person partnership and company for rates or dues in respect to which they are or may be entitled to vote Provided that for the purposes of this subsection the party appearing on the bills of lading in the case of exports as consignor and in the case of imports as consignee shall be deemed the party paying such rates and dues.

A.D. 1924.

Teignmouth
Harbour.

Qualification of and tenure of office by Commis

sioners &c.

Provisional Orders (No. 2).

(14) From the commencement of this Order the clerk shall subject to this Order prepare and keep a register of the registered shipowners and shall from time to time insert therein the names and addresses of all persons partnerships and companies who have been 5 registered in the books of the Custom House at Teignmouth as the owners or part owners at any time during the year ending on the thirtieth day of June then next preceding of any ships or vessels with the names and registered tonnage of such ships and vessels 10 respectively.

(15) The registers shall be kept at the office of the clerk and each register shall be certified in writing by the clerk as containing to the best of his knowledge. and belief correct particulars in accordance with the 20 provisions of this Order and shall thereupon be sufficient and conclusive evidence to all intents and purposes of the same being registers according to this Order and of all the provisions hereof in any way relating to the qualification of harbour ratepayers 25 or registered shipowners having been duly complied with.

(16) Every such register shall be in force until the completion of the then next register and the persons partnerships and companies whose names appear on 30 the register for the time being in force shall subject to this Order be the persons partnerships and companies entitled to vote for the purposes of the election of Commissioners and shall at every such election be respectively entitled to the number of votes to which 35 such register shall show them to be entitled in accordance with this Order.

8. (1) The Commissioners appointed or elected under subsections (6) (7) (8) (9) and (10) of section 7 shall be resident within eight miles of the town of Newton Abbot.

(2) The Commissioners appointed under the first five subsections of section 7 shall hold office respectively for life or as the case may be until they may resign or their appointments be determined as hereinafter provided.

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(3) Subject to the express provisions of this Order as to the 45 term of office of the first appointed and elected Commissioners, the Commissioners appointed or elected under subsections (6) (7) (8) (9) and (10) of section 7 shall hold office for a period of three years from the date of their appointment or election and retiring members shall be eligible for re-appointment or re-election.

(4) The appointment of an appointed Commissioner may at any time be determined by the body person or authority by whom

50

Provisional Orders (No. 2).

he may have been appointed and notice of such determination A.D. 1924. shall be given in writing by the body person or authority making

Harbour.

the same and be delivered to the Commissioners and an entry of Teignmouth every such determination shall be made in the minutes of the 5 proceedings of the Commissioners.

Provided that if any such person lord of manor or owner of canal is an infant or an idiot lunatic or non compos mentis his guardian or the committee of his estate may act in his stead in making the nomination and revocation respectively and whenever 10 any such person is beyond the seas he may by his steward or agent (if any in England) make the nomination or revocation.

(5) Whenever a vacancy arises by death resignation or otherwise in the office of an appointed Commissioner the body person or authority by whom such Commissioner was appointed shall 20 appoint another person to fill the vacancy.

(6) Whenever a vacancy arises by death resignation or otherwise in the office of an elected Commissioner the harbour ratepayers or registered shipowners as the case may be shall elect another person to fill the vacancy in the manner hereinafter 25 provided but each Commissioner so elected shall hold office so long only as the person in whose place he is appointed would have been entitled to continue in office.

9. With respect to the appointment of Commissioners by the Mode of apNewton Abbot Urban District Council Newton Abbot Rural pointment of 30 District Council and Teignmouth Urban District Council and each Commis of them the following provisions shall have effect :— (1) As to the appointment of first Commissioners:

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40

45

50

sioners by
Newton
Abbot
U.D.C. New-

(a) The clerk shall by notice in writing require the ton Abbot clerk of each of the councils to cause each such R.D.C. and council at a meeting of such council held within Teignmouth two months next after the commencement of this U.D.C. Order to appoint two Commissioners and within seven days after such meeting the clerk of the council shall report to the clerk the names of the persons appointed by the council;

(b) The persons appointed are to take office as
soon as may be and are to go out of office at the end
of the third Thursday in September nineteen hundred
and twenty-seven:

(2) As to the appointment of Commissioners subsequent to
the first :-

(a) The meeting for their appointment is to be
held in the month of and not later than the third
Thursday in September nineteen hundred and twenty-
seven and so in every subsequent third year;

A.D. 1924.

Teignmouth
Harbour.

Mole of elec

tion of Commissioners by

the harbour ratepayers and registered ship

owners.

Provisional Orders (No. 2).

(b) The persons appointed are to take office on the
Friday following the third Thursday in September
nineteen hundred and twenty-seven and in every
third subsequent year and are to go out of office
at the end of the day before the Friday on which 5
their successors are to take office :

(3) As to the appointment of Commissioners by any council
to fill casual vacancies the clerk shall notify the
clerk of such council whenever a vacancy is caused in
the office of any Commissioner appointed by such 10
council and the council shall at their next practicable
meeting appoint another person to fill the vacancy:
(4) Within seven days after every meeting at which any
Commissioner is appointed the clerk of the council
shall report to the clerk the name of the person 20
appointed.

10. With respect to the election of Commissioners by the harbour ratepayers and by the registered shipowners the following provisions shall have effect :—

(1) A company shall have the same powers of voting as an 25
individual and shall vote by its secretary or other duly
appointed nominee:

(2) In every case of several persons in partnership being
harbour ratepayers or being registered as shipowners
(whether as part owners or sole owners) then the member 30
of the firm agreed upon by the members of the firm in
writing or failing this the member whose name stands
first in the firm shall alone be entitled to exercise on
behalf of the firm the right of voting at the election
of Commissioners by harbour ratepayers and by 35
registered shipowners:

(3) As to the election of the first Commissioners :

(a) The meetings for their election are to be held at the town hall in the town of Teignmouth within two months after the commencement of this Order;

(b) The persons elected are to take office as soon as may be and are to go out of office at the end of the third Thursday in September nineteen hundred and twenty-seven.

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(4) As to the election of Commissioners subsequent to the 45 first:

(a) The meetings for their election are to be held. at a convenient place to be appointed by the Commissioners in the month of and not later than the third Thursday in September nineteen hundred and 50 twenty-seven and so in every subsequent third year;

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10

15

20

25

30

35

40

45

Provisional Orders (No. 2).

(b) The persons elected are to take office on the A.D. 1924.
Friday following the third Thursday in September
nineteen hundred and twenty-seven and in every Teignmouth
third subsequent year and are to go out of office at
the end of the day before the Friday on which their
successors are to take office :

(5) As to the election of the first and subsequent Commis-
sioners :-

(a) The clerk is to give notice of the day and place of meeting by affixing the same on the door of the office of the Commissioners and in any other convenient manner four days at least and not more than ten before the day of the meeting;

(b) Any elector may attend the meeting and vote;

(c) The registers of the Commissioners shall as herein before provided be evidence as to what persons are duly qualified electors;

(d) Any elector may at the meeting propose any person resident as herein before provided as a candidate and if the number of persons proposed do not exceed the number of Commissioners to be elected the chairman of the meeting is to declare them elected without taking a vote;

(e) The Commissioners to be from time to time elected shall be elected by a majority of the votes of the persons present and entitled to vote at the meeting for the election such votes to be given in such manner as may be directed by the chairman but a proxy is not to be in any case admitted Provided that in every case of an equality of votes the chairman of the meeting shall when requisite to decide the election have an additional or casting vote;

(f) At every meeting a person appointed by the meeting shall preside as chairman and the person so presiding shall receive the votes of the electors and shall act in all other respects as chairman of the meeting and the only business to be transacted or discussed at any such meeting shall be the election by the meeting of the persons to be elected Commissioners thereat;

(g) The chairman of the meeting is within seven days after the meeting to report to the clerk in writing the names of the persons elected.

Harbour.

11. All reasonable expenses properly incurred of or incidental Expenses of to an election of Commissioners under this Order are to be paid election.