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NEW HARBOUR BILL. I

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NEW HARBOUR BILL. I A COMPLETE COPY. I The following is a cn1nlec cor" ('f+]'8 TIE" I Harbour Bill which is to be promoted jointly I i;a; the :Ii;;r.lii:r 1,uII;J1Bl'j; District C-jnrLcH:— ) AN ACT I To c-onfirm end give effect to an Indenture between Ü,<jLhnelly Harbour Trust the Urban District Council -of Llanelly- and the Cruvernor and. Company of the Bank of Fug-land: to amend the Llanelly Har- bour Ac; 1504; and for other purposes. Preamble. WHEItEAS un.ee:* the local and personal Act '.1 George III. Section 2 Chapter CVII. 'in this A?t csHed "the Act of 1807") com- monable binds and waste grounds in the parish of Llanelly were enclosed a.nd certain of them (in this Act called "the public es- tates") were allotted to and vested in trustees by that Act constituted who were thereby authorised to lease the same and to raise money en the security cf the rents and pro- fits thereof and to apply all money so raised in (among other things) the improvement of the town and pert of Llanelly or of the public estates and to apply the residue of the said rents and profits <in this Act called "the in- come of the public estates") after payment i thereout oT the- annual charges payable in re- spsct of the moneys so raised and of the costs charges and expenses cf the said trusteBs in the improvement of the said town and port: And whereas by the local .and personal Act 53 George III. chapter CLXXXIII. certain Commissi jner3 were constituted and em- powered to improve deepen widen and main- tain the m of the Kivers Burry Loughor and L' < iad to light --Lid buoy the same and f'n thFC purposes to levy dues on shipping and goods and borrow moneys and their powers were extended by Acts passed in the years 1343 and 1358: And whereas by a Provisional Order made undar the Public Health Act 1843 and (on-, firmed by the Public Health Supplemental i Act 1850 (No 3) the borough cf Llanelly as therein defined was constituted a district under th<; Public* Health Acs 1843 and the public estates were transferred to and vested in the I ^c:l Board of Health f— tl? s??d lls¿t TÚ ¡}lG:)}\ 1i:(1:1:;i10 fl:1Jtl'BO:l:j I upon the Trusts thereof declared and with and subject to the rights powers authorities and duties granted or imposed by so much of the Act < f 1807 as was not by the said Order repealed and so far as the same were not re- pugnant to or inconsistent with that Order or the Public Health Act 1848 or any bye law made (hereunder and provision was made that if the property so transferred should be insufficient to satisfy charges created by the said Trustee K thi deficiency should be charged on the general dis+riet rates levied in the pavt and places which but for the said T) ?(. 1 1 f-3j: t?,e E:li(I order would or ought to have been chargeable with such deficiency and that all expenses which should be incurred by the Local Board under so much of the Act of 1807 as was not repealed by the said Order and which should not be defrayed out of the revenue received by the Local Board under the Act of 3807 should be defrayed out of the general cr special district, rates as the ease might re- quire h ??re-zis l?y t-ile, And whereas by the Llanelly Harbour Act 1864 (in eallc(i "I-e Act of 1864") the said Commissioners were incorporated and empowered to dredge the Harbour to con- struct a new Dock and other works and to levy, dues fer the use thereof: And whereas by a Provisional Order under the L.JC d (JOYeminent Board Act 1363 con- firmed i -r 1be Land Government Sunp1 omen- tal Act 1863 the district of the Local Board was extern cod: And wiser no: by tbe Llanelly Harbour Act 1878 (in this Act called "tho Act of 1378") the were c'^nitituteri and were aothorisad to bortyx with the consent of the I cal Board fifty thousand pounds on the sccuritv d the Harbour revenues and by v. v of cdL;.?t.,d Fecurity :he income of the fl :t (H ;IfEl: t <,111l:)l:(t\ j public eshiies "/? it wro:, provided by the said insufficient f-r ;bc repayment of the moneys :sY;l,:j r- rhe );Si'{'t¡;hb)];l J Beard should after demand under the seal of I the Commission?.rs p.'?v to fmir order the mn) thereby demanded out of the income •'••f the public estates and .bat if by reason of any sueh payment the .H u-- --WHO f'?uld !>e in- F.uiHcient io meet "the' cha-?.s u??n Iho public the T_cc-:d I* -anl shotdd ma he good such deficiency cui :f tbe revenue cf! Water \J? 'Jd h' f11:]:e \\7.C\Ili::Utl cient then out f the general district ra-.e of ih.e said <?'ct f flirt th? toy't net incomes of the public estates miaht if required be available for the payment of the principal moneys borrowed under the Act of 1378 and tba interest thereon: And whereas by the Llanelly Harbour Act 1888 (iu this Act called "th", Act of 1888") The Local Board were cuthorised to sell the public estates freed from the, trusts of the Act of 1807 and all principal moneys raised on the security of the recited Acts but it was enacted that the purchase money paid to the Local Board on any such sale (in that and this Act called "public estates capita] money") should while uninvested or unapplied and the in- vestments thereof wben invested be held on there, I i I.N s t r- the same trusts as the public estatfes would have been if not sold and that the income of the public estates capital money should be applied as the income cf the public estates if not sold would have been applied and it was io' sriii al?.ii. the powers r securing the repayment of moneys bor- rowed b\ the Commissioners under the Act of 1878 and the interest thereon the Local Board might if they thought fit charge by way of further collateral security ihe general i district rates of their district with the repay- ment of such moneys and interest provided that the aggregate amount which might in any one year become pavable in respect of any such charges should not exceed the amount which might in such year be pro- duced by a general district rate of sixpence in the pound -on the assessable value for that year of the property assessable to that rate and that such collateral security should cease on the expiration of fiffcv years from the first day of January one thousand eight hun- dred and ninety: And whereas by the Llanelly Harbour Act 1896 and the L'anelly Harbour Act 1S01 (in this Art respecti celv called "the Act of 1896" and "the Act of 1901") the Commissioners were empowered with the consent of the suc- cessors of the Local Board of the Urban District Council of Llaneliv (in this Act called "the to borrow further moneys and to charge the moneys so horrow cd on the Harbour revenue and by wav of collateral se- j curity on the income of the public estates and Duhlic capital money and the Council were authorised by way of further (Y:áal 1 ¡,th;' j ¡, t'Y 1'ayr¡ ;'l the moneys ,c) 1 i »cwed .md the interest thereon on 1118 gu c al district rate of the said Urban District but so that the aggregate < amount payable in any one year in respect .of any loans to the -z under what- ever Act raised should not exceed the amount which might in such year be pro- duced by a general district rate of one shil- ling in the pound ca the assessable value for that year of tho o-iperiy assessable to that rate and that such. collateral security should cease at the expiration of sixty years from the first day of January one thousand eight hundred and nn?'tv-F'?'en: And whereas the Commissioners with the consent of the Ljc?l Board or the Counci! have hrnn lime to time borrowed., under the powers of the of 1878 1896 and 1901 vari- ous sums wtpoh at the passing of the Act of I 1904 hereinafter mentioned amounted to two hundred and twenty-ifve thousand seven hundred and seven pounds ten shillings and seven penco of which sums amounting to two I hundred and twenty thousand seven hun- dred and eight-seven pounds ten shillhgs i and seven pence wes advanced to the Com- missioners bv the Governor and Company of the Bank of England ?n nis Act called "the Bank") and were under the provisions of the I said Acts and the Act of 1888 oharged upon the Harbour revenues the Harbour Under- taking the income of the nubUc estat?a and of th?? public estates capital money and (sub- ject to )h? limitations cont-vn^d in the Acts of 1396 and 1801) on general district rate of th« said disui?t or some of them. And whereas by the Llanelly Harbour Act I ISO* (in this Act called "the Act of 1904") the ¡ title of the Commissioners was changed to I the Llanelly Harbour Trust (in this Act called "The Trust") and the constitution of the Trust was altered and the Trust were em- powered to borrow further moneys including such sums as the Board of Trade might con- sider expedient for improving the Harbour and facilitating the trade of the port and might sanction accordingly and it was pro- vided that subject to the provisions of that I Act the whole of the moneys borrowed from the Bank under the powers of the Act of 1904 and the Acts: 1878 1893 and 1901 should as I from the thirtieth day of September One thou- sand nine hundred and four form one con- solidated loan which together with the in- terest thereon should subject only to their existing loans and interest as to the sum of thirty thousand pounds borrowed or then to be borrowed under the Act of 1901 be a first charge upon the Harbour Undertaking and all real and personal property belonging thereto and as to the moneys borrowed or then to be borrowed under the Acts of 1878 and 1896 and that Act be a first charge upon the harbour revenue and that the whole con- solidated loan should further (subject as aforesaid) be a first charge upon the income of the public estates and of the public estates capital money and upon the general district rate leviable by the Council provided that the aggregate amount which might in any one year be-come payable by the Council out of the general district rate should not exceed the amount which might in such year be I produced by a general district rate of two shillings in the pound on the assessable value for that year of property assessable to the general district rate and that such charge en the general district rate should cease at the expiration of sixty years from the first day of January One thousand eight hundred and ninety-seven or such earlier date as the moneys so secured should have been repaid to the Bank and that the interest on such consolidated loan should be at the rate of I four per cent. per annum payable on the first day of January and the first day of July in each year and it was further provided that I the Trust should forthwith after the expira- tion of five years from the twenty-ninth day of September One thousand nine hundred and four make provision to the satisfaction pf the Board of Trade for paying off all moneys lxvrroweci under the Act of 1904 and the Acts of 1878 1836 and 1901 within fifty-five years f'*om the twenty-ninth day of September One thousand nine hundred and four: And whereas the Act of 1904 provided for the appointment of two trustees by the Bank and of a jcint committee consisting of four trustees of whom two should be the trustees appointed by the Bank and conferred upon the joint committee the powers mentioned in the Act: And whereas by an indenture dated the I fourth day of Decem her One thousand nine hundred and five and made between the Trust of the first part the Council of the second part. and the Bank of the third part which recited that the principal sum due to the Bank had been reduced to two hundred and twelve thousand two hundred and twsnty-one nounds twelve shillings and two- pence the Bank covenanted io advance to the Trust the further sums of eight thousand • seven hundred ancl twenty-five pounds and se% e- l iw. eleven thousand pounds and (subject to cer- tain conditions.) the sum of twenty-four thou- sand pounds and the Trust covenanted to repay to the Bank the said sum of two hun- dred and twelve thousand two hundred and twenty-one pounds twelve shillings and two- pence and any further sums advanced by the Bank as aforesaid with interest thereon at the rate or four per cent per annum and with the consent of the Council charged with payment to the Bank of the said principal sums and interest the Harbour Undertaking and Revenues all real and personal property belonging to the Harbour Undertaking the income of the public estates and of the public estates capital money according to the tenor of the Act of 1C04 and the Council by-way of further collateral security charged with the payment to the Bank of the said principal sums and interest the general district rate until the said principal sums and interest should be fully paid or until the expiration of sixty years front the first day of January One thousand eight hundred and ninety- seven which ever should first happen provi- ded that the aggregate amount which might for any year become payable out of the said rate in respect cf the principal moneys and interest thereby secured should not exceed the amotint which might in such year be pro- duced by a ooneral district rate of two phil- linfr" in the round on the assessable value in that year of property assessable to the general i': • ii-t rate. And whereas the Bank advanced to the Trust the sums of Eight thousand seven hundred and twenty-five pounds and eleven thousand pounds and r sum of five thousand pounds oil account of the raid sum of twenty- four thousand pounds and there is now due to the Bank the principal sum of two hun- dred and thirty-six thousand nine hundred I and forty-six pounds twelve shillings and twopence together with interest thereon at the rate of four pounds per cent, per annum from the thirtieth day of June One thousand nine hundred and nine: And whereas the Board of Trade has sanc- iiohed the borrowing by the Trust of further moneys to the extent of twelve thousand pounds for the purpose of constructing train- ing walls and works for the improvement of the Port and Harbour under the powers of the said Acts but no such further moneys have yet been borrowed: And whereas the revenues of the Trust to- gether with the sums payable under the charges by way of collateral security are in- sufficient to discharge the interest payable on the outstanding loans of the Trust and to also provide for the repayment of such loans in accordance with Section 35 of the Act of 1904 and to also afford adequate security for further moneys which it is expedient the Trust should borrow for the purpose of im- proving the Harbour: And whereas the indenture set forth in the Schedule to this Act has been entered into I bv the Trust the Council and the Bank pro- viding for a reduction in the rate of interest payable on the principal moneys now due to the Bank and the repayment of such princi- pal moneys by instalments and for further advances by the Bank to the Trust up to forty thousand pounds in consideration of the charges intended to be created by the Trust and the Council and it is expedient that the said indenture should be eonfirrmed and made binding: And whereas it is expedient that the other provisions hereinafter contained should be made: And whereas an absolute majority of the whole number of the Council at a meeting held on the eighteenth day of April One thou- sand nine hundred and ten after ten clear days' notice bv public advertisement of such meeting and of ihe purpose thereof in a local newspaper published and circulating in the district such notice being in addition to the ordinary notices required for summoning such meeting such meeting resolved that the expense in relation to promoting the Bill for this. Act should be charged on the district fund and general district rate: And whereas such resolution was published twice in n. local newspaper published and cir- eu biting in the district and has received the approval of Hie Local Government Board: And whereas the i ropriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the Council at a further special meeting held in pursuance of a similar notice on the day of One thousand nine hun- dred and ten being not less than fourteen days after the deposit of the Bill in Parlia- ment: And wh u'cas :n relation to the promotion of the Bill for llii., Ar-t the requirements con- tained in Kbst Schedule to the Borough Funds Act lf05 have, been observed: And where is the obieets of this Act cannot be attained without the authority of Parlia- ment MAY IT THEREFORE PLEASE YOUR I JVTAJESTY That it may he Enacted and be if Enacted by the King's Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows Short, Title. I 1. This Act may "oe cited as the Llanelly J Harbour Act 1910 aRd the Llanelly Harbour Acts 1858 to 1904 and this Act may be cited as the Llanelly Harbour Acts 1858 to 1910. Interpretation. 2. In this Act:— "The Trust" means the Llanelly Harbour Trust; "The Council" means the Urban District Council for the District of Llanelly; "The Bank" means the Governor and Company of the Bank of England; "The Scheduled Indenture" means the Indenture contained in the Schedule to this Act. Confirmation of Scheduled Indenture. 3/ The Scheduled Indenture is hereby con- firmed and made binding on the parties thereto and shall be carried into effect accor- dingly. Sections 237 to 239 of the Public Health Act 1875 to apply to Scheduled Indenture. 4. The Scheduled Indenture shall be deemed to be a mortgage to which the provisions of 237th 238th and 239th Section of the Public Health Act 875 apply and the provisions of these sections shall apply accordingly. Application of Harbour Revenues. 5. Before applying the Harbour Revenues in improving the Harbour and Works of the Trust as provided by Section 36 (1 (w) ) of the Act of 1904 the Trust shall pay the half-yearly instalments payable by them under the Sche- duled Indenture and the said Section shall be read and have effect accordingly. Appeal and Amendment of Provisions of the Act of 1904. 6. (1) The following provisions of the Act of 1904 are hereby repealed that is to say:- So much of Secetion 5 as provides that two Trustees shall be appointed by the mortgagees therein mentioned; Section 6; The proviso to Section 15; The proviso to Section 18 (c); Section 19 (1 (b) The words "but this section shall not apply to a Trustee appointed by the < mortgagees" in Section 20 and Sections 24 and 25. (2 The proviso to Section 35 shall not apply to the moneys secured by the Scheduled In- denture. Extension of purposes for which Trust may borrow with sanction of Board of Trade. 7. The purposes for which the Trust may borrow with the sanction of the Board of Trade under Section 32 of the Act of 1904 shall be deemed to include the payment of the costs of this Act and any costs payable by the Trust to the Bank or the Council under the provisions of the Scheduled Indenture and the payment of three thousand five hun- dred and nine-four pounds nine shillings in respect of arrears of interest on moneys bor rowed by the Trust. Limitation of amount to be borrowed by Trust with sanction of the Board of Trade. 8. The sums to be borrowed by the Trust with the sanction of the Board of Trade under Section 32 of the Act of 1904 shall not exceed in the aggregate the sum of forty thousand pounds. Costs of Act and Scheduled Indenture. 9. All the costs charges and expenses pre- liminary to and incidental to the preparing 1 applying for obtaining and passing of this Act including the costs of and incidental to the negotiation preparation and execution of the Scheduled Indenture shall be paid by the Trust out of the Harbour Revenue or out of moneys to be borrowed for that purpose under the Act of 1904 as amended by this Act.

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