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A.D. 1928.

of lifeboat

Harbour Provisional Order.

20. All persons going to or returning from any lifeboat or using any apparatus for saving life and being persons either Exemption belonging to the crew of the lifeboat or to the coastguard or being persons for the time being actually employed in saving life or in exercising or using the lifeboat or the apparatus for saving life 5 and all persons brought ashore from any vessel in distress shall at all times have free ingress passage and egress to along and from the premises and works belonging to the Commissioners.

crew.

Minister of Agriculture and Fisheries may

21.-(1) The rates to be received by the Commissioners shall be adjusted by them in such a manner that as far as possible 10 the harbour revenue shall be sufficient and not more than sufficient reduce rates. for the purposes of the harbour.

(2) If at any time it appears to the Minister of Agriculture and Fisheries from the annual account to be sent to him under this Order that the clear annual income derived from the rates 15 leviable by the Commissioners on the average of the then three last preceding years after payment of all expenses and outgoing exceeds the amount sufficient for the purposes of the harbour (including the provision of a contingency fund referred to in section 27 of this Order) the Minister of Agriculture and Fisheries 20 after consultation with the Minister of Transport may if in his discretion he thinks fit reduce the rates leviable under this Order to such amounts as will be sufficient to provide the amount aforesaid and may again at any time raise the rates to any amount not exceeding the rates specified in the schedule to 25 this Order.

Power to dredge.

POWER TO DREDGE.

22. (1) The Commissioners may deepen dredge scour and excavate any portion of the harbour to the extent necessary to secure a sufficient waterway within the harbour for the vessels 30 using the same.

(2) All sand mud and other materials dredged up or removed for the purposes and to the extent aforesaid shall be the property of the Commissioners and they may sell or otherwise dispose of or remove or deposit the same as they think fit:

Provided that no sand mud or other material shall be laid down or deposited in any place below high-water mark without the consent in writing of the Board of Trade having been first obtained.

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(3) All money arising from any sale or other disposition of 40 sand mud and other materials under this section after payment of the expenses connected therewith shall be applied in the same manner as the harbour revenue under this Order is to be applied.

Harbour Provisional Order.

(4) The powers of the Commissioners under this section A.D. 1928. shall be exerciseable subject to the provisions of the section of this Order of which the marginal note is "Saving rights of Crown" and in particular and without prejudice to that general limitation 5 any consent given to the exercise of such powers by the Commissioners of Crown Lands or the Board of Trade on behalf of His Majesty may be given subject to such restrictions and conditions including the payment by the Commissioners to the Commissioners of Crown Lands or the Board of Trade of royalties 10 rents or sums of money in respect of materials raised from any place below high-water mark and sold by the Commissioners under this section or in respect of any place below high-water mark upon which materials may be deposited as may be fixed by the Commissioners of Crown Lands or the Board of Trade as the case 15 may be.

FINANCE.

23. (1) The power of the Commissioners to borrow money Power to under section 94 of the Act of 1837 shall after the date when this borrow. Order comes into operation only be exerciseable with the consent 20 of the Minister of Agriculture and Fisheries.

(2).The Commissioners may with the consent of the Minister of Agriculture and Fisheries from time to time borrow at interest not exceeding the rates sanctioned by the Minister of Agriculture and Fisheries on the security of the harbour revenue or any 25 part thereof such further money as may be necessary for any of the purposes of their undertaking (including works of extension and improvement) For the purpose of securing any money so borrowed the Commissioners may subject to the conditions on which the loan is granted being approved by the Minister 30 of Agriculture and Fisheries from time to time convey assign and charge by means of mortgages the harbour revenue or any part thereof and may execute and do all deeds acts and things necessary or proper for that purpose.

(3) All money borrowed by the Commissioners under this 35 section shall be repaid within such period (if any) as may be prescribed by the Minister of Agriculture and Fisheries.

(4) All money borrowed under the Act of 1837 and/or this Order shall be applied to those purposes of the Commissioners' undertaking for which capital money may properly be applied or 40 for such other purposes as may be allowed by the Minister of Agriculture and Fisheries.

24. Any person advancing money to the Commissioners Protection shall not be bound to require any further or other evidence of the of lenders. power of the Commissioners to borrow the money advanced

45 by such person than such as is afforded by a certificate signed by the clerk to the Commissioners and two of the Commissioners

Harbour Provisional Order.

A.D. 1928. that the Commissioners are not exceeding the powers of borrowing conferred on them by the Act of 1837 and this Order.

Application

75 to 88 of the Com

25. Section 56 and sections 75 to 88 (both inclusive) of the of section 56 Commissioners Clauses Act 1847 are hereby incorporated with and sections this Order and the expression "Commissioners" therein shall 5 mean the Commissioners and the expressions "mortgage" and mortgagee therein shall respectively include any security for money borrowed under this Order and the holder of any such security.

missioners

Clauses Act

1847.

Repayment of borrowed

money.

Contingency fund.

Application

of harbour revenue.

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26. All money borrowed by the Commissioners under this 10 Order shall be repaid either by equal yearly or half-yearly instalments of principal or of principal and interest combined or by means of a sinking fund or partly by such instalments and partly by a sinking fund.

27. The Commissioners, may for the purpose of meeting any 15 extraordinary claim or demand or any unforeseen accident or damage or for meeting any extraordinary expenditure which may become necessary for the proper development of the harbour form and maintain a contingency fund not exceeding at any time the sum of seven thousand pounds and the Commissioners may 20 subject to the provisions of this Order as to the application of revenue appropriate and set apart any amount which they think fit in any year out of the harbour revenue and shall deposit such amount in some joint stock bank to be increased by accumulation in the way of compound interest or invest the same and 25 the accumulated interest thereof in trust securities (other than the securities of the Commissioners) until required for any of the aforesaid purposes.

28. The revenue of the harbour received under the Act of 1837 and this Order shall be applicable for the purposes and in the 30 order following and not otherwise :

(1) In payment of the cost of and connected with the preparation and obtaining of this Order:

(2) In payment of the expenses properly chargeable to
revenue of the maintenance repair and management 35
of the harbour and all conveniences connected there-
with :

(3) In payment year by year of the interest accruing on
money borrowed under the Act of 1837 or this Order:
(4) In payment of the instalments as they become due in 40
discharge of any money so borrowed and repayable by
instalments and in forming any sinking fund required
by the terms of the consent to the borrowing of any
money under this Order:

(5) In making such payments (if any) as the Commissioners 45
think fit into a contingency fund established under the
provisions of this Order.

Harbour Provisional Order.

The surplus (if any) after providing for the purposes aforesaid A.D. 1928. shall be applied by the Commissioners in the further general improvement of the harbour.

29. (1) The Commissioners shall within two months of Annual 5 the date to which their annual accounts are made up send a accounts. copy of an abstract and summary of the accounts to the clerk of the peace for the East Riding of the county of York the corporation of Bridlington the chief lord feoffee of the manor of Bridlington the Ministry of Health the Ministry 10 of Transport the Ministry of Agriculture and Fisheries the North Eastern Local Fisheries Committee and the East Riding of Yorkshire County Council and section 16 of the General Pier and Harbour Act 1861 Amendment Act shall apply to and include any such account.

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(2) The account shall be made up to the end of the thirty-first day of March in each year.

(3) The Commissioners shall as from the expiration of the month of May be liable to a penalty not exceeding twenty pounds for every week or part of a week during 20 which they refuse or neglect to comply with this section.

(4) In addition to the accounts to be lodged with the clerk of the peace the Commissioners shall also lodge with him a full and detailed statement showing the capital expenditure made by the Commissioners during the year covered by the 25 said accounts.

30. (1) The Minister of Agriculture and Fisheries shall Appointment unless he sees special reason to the contrary appoint a person of auditor. to be permanent auditor to examine and audit the accounts of the Commissioners and shall fix the payments to be 30 made to him for salary and for expenses (if any) and the amount of the salary and expenses (if any) shall be paid by the Commissioners out of the rates or other income received by them under this Order.

(2) The Minister of Agriculture and Fisheries may at any 35 time revoke the appointment of any person as auditor and thereupon shall unless he sees special reason to the contrary appoint another person as auditor.

(3) The Commissioners shall on demand by the auditor produce to him all books accounts deeds papers writings 40 and other documents or information in their possession or power and afford him all reasonable facilities for conducting the examination and audit.

(4) If the Commissioners refuse or neglect to comply with any of the provisions of this section they shall be liable to a

Harbour Provisional Order.

A.D. 1928. penalty not exceeding twenty pounds for every month during which they neglect or refuse so to comply.

Commis

borrow from bankers.

(5) In the event of the Minister of Agriculture and Fisheries not appointing a person to be auditor to examine and audit the accounts of the Commissioners the Commissioners 5 shall appoint a member of the Institute of Chartered Accountants or of the Institute of Incorporated Accountants to audit their accounts.

31. The Commissioners may subject to the provisions sioners may of section 23 of this Order for the purpose of raising any money 10 by this Order authorised to be borrowed accept and take from any bank or banking company credit to any amount not exceeding in the whole the amount for the time being of the unexhausted borrowing powers of the Commissioners under this Order.

Removal of stranded or sunken vessels.

STRANDED OR SUNKEN VESSELS.

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32.-(1) Whenever any vessel is stranded or sunk in the harbour or in or near any approach thereto from the sea or is laid by in the harbour or neglected as unfit for sea service the Commissioners may cause that vessel to be raised or removed or 20 to be blown up or otherwise destroyed so as to clear the harbour and its approaches therefrom.

(2) The Commissioners may cause any such vessel and the furniture tackle and apparel thereof or any part thereof which shall be raised or saved and also all or any part of the cargo 25 goods chattels and 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 :

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Provided always that the Commissioners 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 the 40 sale of such cargo goods chattels or effects.

(3) If the proceeds of sale are insufficient to reimburse the Commissioners for the aforesaid expenses the Commissioners may recover the deficiency or in case of an appeal under subsection (4) of this section such sum as is awarded by the arbitrator 45 to be payable in respect of the deficiency from the person who at

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