And whereas it has been found that a change of circumstances sometimes renders it expedient that the boundaries of such special drainage districts and special water supply districts should be altered, but the recited Act contains no provisions whereby such alteration can be effected: And whereas the Public Health (Scotland) Act, 1867, Amend- 42 & 43 Vict. ment Act, 1879, was passed for the purpose of making such pro- c. 15. vision, but it has been found insufficient for that purpose: And whereas it is expedient that such provision should now be made, and that the provisions of the first-mentioned Act should be made applicable to the districts so altered, and that the secondmentioned Act should be repealed: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this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: 1. This Act may be cited for all purposes as the Public Health Short title and (Scotland) Act, 1867, Amendment Act, 1882, and the first-mentioned construction. Act and this Act shall be read and construed together. 2. This Act shall commence to have effect on the first day of CommenceNovember one thousand eight hundred and eighty-two, which date ment of Act. is herein-after referred to as the commencement of this Act. 3. From and after the commencement of this Act the Public Repeal of Health (Scotland) Act, 1867, Amendment Act, 1879, shall be 42 & 43 Viet. repealed, and in lieu thereof it is provided as follows: c. 15. water supply (1.) Where there shall exist within the district of any local Special drainauthority to which the provisions of the seventy-sixth and age and special eighty-ninth sections of the Public Health (Scotland) Act, districts may 1867, respectively apply, a special drainage district or a special be altered, water supply district, as the case may be, it shall be com- combined, &c. petent to such local authority, upon requisition, as herein-after provided, to meet and consider the propriety of altering the boundaries of any such special drainage district or special water supply district, and to resolve upon such alteration of boundaries being effected, either (1) by enlarging or limiting the said boundaries; or (2) by combining two or more such special drainage districts or special water supply districts or portions thereof; or (3) by enlarging or limiting the said boundaries and combining two or more such special drainage districts or special water supply districts or portions thereof: (2.) The local authority shall not be entitled to meet for the purpose of considering the propriety of any such proposed alteration of boundaries, except after receiving a requisition to that effect, made in writing and signed by at least ten of the inhabitants of the district of the local authority; but upon receiving such a requisition it shall be bound to meet for such purpose, and twenty-one clear days notice of the meeting shall be given to the members of the local authority: (3.) In the event of the local authority resolving upon any such alteration of boundaries as aforesaid its resolution shall be advertised, and shall be subject to appeal and review in like manner as is provided by sections seventy-six and eighty-nine of the first-mentioned Act in regard to advertising and appealing against resolutions as to the formation of special drainage districts and special water supply districts under that Act: Provided that if the sheriff or sheriff substitute, as the case may be, shall disapprove of the resolution of the local authority he may vary the same, but only with the consent of the local authority: (4.) The whole provisions of the first-mentioned Act applicable to special drainage districts and special water supply districts shall be applicable mutatis mutandis to such districts when altered or combined or altered and combined under this Act: (5.) The provisions of this Act shall apply to all special drainage districts and special water supply districts, whether formed before or after the commencement of this Act, or altered or combined or altered and combined under the powers conferred by this Act: (6.) The repeal of the second-mentioned Act shall not affect anything duly done or any proceeding pending under the said Act, but such proceeding shall be carried on as if this Act had not passed. Repeal of so much of s. 3. of 17 & 18 Vict. c. 105. as di CHAPTER 12. An Act to amend the Law relating to the application of B 1. So much of section three of the Militia Law Amendment Act, 1854, as requires the residue of the purchase money arising from the sale of any place provided for keeping militia stores to be vestment of the invested in the public funds, and the interest thereof applied in aid of the county rate, is hereby repealed. rects the in proceeds of the sale of militia storehouses. to any pur 2. Any moneys which have been paid to and invested by or shall Such proceeds hereafter be paid to the treasurer of a county on account of the may be applied proceeds of the sale of any place provided for keeping militia stores, pose to which and which moneys shall not be required for the purposes of the said county rate Act, may be applied to any of the purposes to which money raised applicable. on the security of the county rate or stock is applicable, or the same may be invested in any security upon which trustees may by law invest trust moneys, and the interest applied in aid of the county rate or stock, as shall be directed by the justices of the county in quarter sessions assembled. Short title. 3. This Act may be cited as the Militia Storehouses Act, 1882. CHAPTER 13. An Act for the Improvement of Arklow Harbour. [19th June 1882.] WHEREAS by an Act of the Parliament of Ireland of the thirty-second year of the reign of George the Third, chapter twenty-four, intituled "An Act for the better enabling certain 32 G. 3. c. 24. (I.) persons to open and work mines, and to raise coal, culm, minerals, "and fossils in this kingdom, and to open and improve the harbour of Arklow in the county of Wicklow, and to form a "canal from the said harbour of Arklow to the Meetings Bridge, " and to extend the same towards the Kilkenny collieries and the Glenmalur mines," the Hibernian Mine Company were incorporated with divers powers for working mines and for opening and improving the harbour of Arklow, and for making and maintaining canals and navigation works, with power to take tolls, rates, and duties for vessels using their harbours and canals: And whereas by an Act passed in the twenty-sixth year of the 26 & 27 Vict. reign of Her Majesty the Queen, intituled "An Act for the Amal- c. ceix. gamation of the Hibernian Mine Company with the Wicklow "Copper Mine Company (Limited), and for other purposes;" after reciting amongst other things the said Act, and that the property of the Hibernian Company comprised the quays of the harbour of Arklow, with all the wharves and buildings thereon held in fee; and that the Hibernian Company had expended more than seventeen thousand pounds on works for the improvement of the said harbour and for making it fit for the reception of vessels and the landing and shipping of goods; and reciting that on the second day of February one thousand eight hundred and fifty-eight the Wicklow Copper Mine Company was registered under the Joint Stock Com- 19 & 20 Vict. panies Act, 1856, as a Company with limited liability; and that the c. 47. two Companies were desirous and it was expedient that the two Companies and their respective undertakings, property, and effects should be amalgamated, it is enacted that on the first day of September one thousand eight hundred and sixty-three the two Companies should be thereby amalgamated into a new Company, which, by the name "the Wicklow Copper Mine Company," should be one body corporate with the powers thereby given; and that the recited Act of the Parliament of Ireland of the thirty-second year of George the Third, chapter twenty-four, relating to the Hibernian Company should be repealed, and that all the estates and property, including the harbour of Arklow, of which the two Companies respectively were seised or possessed, should be vested in the Wicklow Copper Mine Company: And whereas one of the objects for which the Wicklow Copper Mine Company was incorporated was the maintaining, repairing, and improving of the harbour of Arklow, and the channel, embankments, piers, quays, wharves, buildings, and other works and conveniences of and connected with the harbour, and the regulating and controlling of the user of the same, and for any of those purposes; and also for the purpose of erecting sluices and other works for the improvement of the said harbour the Company may at all times Short title. Special meet ing to consider as to charging baronial rates with loan. use the bridge of Arklow, provided they make good any injury the bridge may sustain by their operations: And whereas the said harbour of Arklow is an important station and place of refuge for vessels employed in prosecuting the sea fisheries on the east coast of Ireland, but the said harbour has of late years been gradually silting up, and a bar is frequently formed across the entrance thereto, whereby its value and usefulness are materially injured: And whereas it is expedient that the said harbour should be deepened, extended, and otherwise improved, and the Wicklow Copper Mine Company, being unable to undertake the execution of the necessary works for that purpose, have agreed, in consideration of the sum of five thousand pounds, to be paid as herein-after mentioned, to transfer to the Commissioners of Public Works in Ireland (in this Act referred to as "the Board,") all their estate, interest, and property in the said harbour of Arklow, and the quays, wharves, and buildings connected therewith, as the same are delineated in red in the tracing now deposited in the office of the Board of Works in Dublin, and to which the seal of the Board has been affixed, and all their rights in the same: And whereas it is expedient that the Board should be authorised to undertake the execution of the said works, and for that purpose to advance by way of grant the sum of fifteen thousand pounds, being one moiety of the estimated cost thereof, and to advance by way of loan, on the security provided by this Act, the sum of twenty thousand pounds, being five thousand pounds for the price to be paid to the Wicklow Copper Mine Company, together with the other moiety of the estimated cost of the said works; and, if by reason of unforeseen circumstances the said estimated sum proves insufficient for the full completion of the works, to advance by way of further loan on the security of the rates leviable by the Town Commissioners of the town of Arklow such sum as may be necessary for that purpose: And whereas the objects of this Act cannot be attained without the authority of Parliament: Be it enacted by the Queen'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: 1. This Act may be cited as the Arklow Harbour Act, 1882. Advance of Money and Execution of Works. 2. A special meeting shall be held in the Court House in Arklow on some day to be appointed by the Board within two months after the passing of this Act, of the justices and associated cesspayers, entitled to attend at the presentment sessions of the baronies of Arklow and Ballinacor South in the county of Wicklow, and of Gorey in the county of Wexford. Notice of such meeting shall be given once in each of two consecutive weeks before the day fixed for the same in two or more newspapers circulating in each of the counties of Wicklow and Wexford. At such meeting a person nominated by the Board shall preside, and the justices and associated cesspayers for each barony shall separately declare their opinion as to the expediency of charging the rates of the barony with the repayment of the whole or of a specified part of the said loan of twenty thousand pounds, with interest thereon, payable in the manner appearing in this Act. If the justices and associated cesspayers of one only of the baronies declare their opinion to be in favour of such charge, they shall then proceed to declare their desire as to the period (not exceeding fifty years) within which the loan should be made repayable, having regard to the rate of interest fixed by the Treasury, by their minute dated the sixteenth day of August one thousand eight hundred and seventy-nine, for loans to which section two of the Public Works Loans Act, 1879, applies. 42 & 43 Vict. If the justices and associated cesspayers of more than one of the c. 77. baronies declare their opinion to be in favour of such charge, they shall proceed jointly to declare their desire as to such period of repayment, having regard to the considerations aforesaid. The chairman presiding at the meeting shall, by taking a vote in such manner as he thinks fit, ascertain and report to the Board what are the resolutions of the justices and associated cesspayers with reference to the loan. Transfer of 3. If the Commissioners of Her Majesty's Treasury (in this Act Charge upon referred to as the Treasury) are satisfied with the security offered baronies. Payment to by the justices and associated cesspayers of the three baronies or of Wicklow Copany of them at such meeting, they may authorise the Board to per Mine Comcarry this Act into effect, and to advance out of the moneys placed pany. in their hands by Parliament the sum of fifteen thousand pounds Harbour to by way of grant, and the sum of twenty thousand pounds by way Board. of loan, and may by order declare the said baronies or some or one of them to be charged with the payment of the said sum of twenty thousand pounds, and interest. In case the justices and associated cesspayers of one only of the said baronies have agreed to charge the rates of the barony with the payment of the loan, the order shall declare that barony only to be charged. In case the justices and associated cesspayers of more than one barony have agreed to charge the rates of the baronies with the payment of specified portions of the loan, the order shall apportion the charge upon the same baronies accordingly. The barony or baronies declared by such order to be charged with any payments shall by virtue of this Act become charged with such payments accordingly. All sums declared by the Treasury to be charged upon any barony shall be repayable within such period as the Treasury may at their discretion determine, at such rate of interest as the Treasury have fixed for loans to which section two of the Public Works Loans 42 & 43 Vict. Act, 1879, applies; and otherwise upon the same terms and condi- c. 77. tions as apply to loans made by the Board for purposes like to the purposes of this Act, under the Act of the session of the first and second years of the reign of King William the Fourth, chapter thirty-three, intituled, "An Act for the Extension and Promotion of "Public Works in Ireland." The Board may, upon being so authorised, out of any moneys placed in their hands by Parliament, lodge in the Bank of Ireland to the credit of the Wicklow Copper Mine Company the sum of five thousand pounds. |