Port Adelaide Harbour Act 1854 (SA)

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No. 20,

An Act to authorize the raising a sum of One Hundred Thousand

pound,^ for the deepening and improvement of the Harbor qf

Port

~dk la ide,

and for other the purposes therein numed.

A. W&.----

.

[Assented to, December 16, 1854.1

f

W HEREAS, by an Act passed in the fifteenthzar of the Reign Preamble- - -

of Her present Majesty, intituled " XnS6;4& to incorporate the Trinity House of Port Adelaide, South Australia," it was amongst

pr.

/?.F$7

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other things Enacted, that it should be lawful for the Trinity House of Port Adelaide, thereby authorized to be incorporated, to clear and' deepen the said Port: h c l whereas it is expedient that the said PO& should be deepened from the outer bar at t h e mouth thereof, ---

up to and beyond the wharf know%-as the Prince's Wharf, and the

f&ds at tlle"diapouitl of the said Board are not sufficient for the effectual accomplishment of the said object, and it is expedient, with

a view to the carrying out of the same, to authorize the said Board

to raise such sum or sums of money, not exceeding in the whole the sum of One Hundred Thousand Pounds, in the manner hereinafter directed, and to employ the same in such work of clearing and

g the said Port, and also to provide for the reimbursement mc moneys, and for the payment of the interest from time to time accruing due thereon, by the imposition of a tonnage duty upon all vessels frequenting the same harbor-Be it therefore Enacted, by the Lieutenant-Govcrnor of South Australia, with the advice and consent of the Legislative Council thereof, as follows:

1. I t shall be lawful for the Colonial Treasurer, for the t h e being, of the said Province, from time ta time, to issue bonds, for such CO1o"ial

Bond8 to ir.

,..al.d by

T ~ K w ~ T.

amounts as he may deem expedient; not exceeding in the whole the

M 2

sum

sum of One M u d r d lElzm899 Pounds, and such bon& shall be

in the fonn folloiog, that ia to W-

No.

S

WO.

;E

Form QZ bond.

Port Adelaide Tnu& &m&.

1,

Colonial T m m r of the Province of South

Australia. in consideration of the sum of

Pounds.

paid to me for the purposes of the _Port Adelaide ~

~

t

;

do herebv bind mvself to &v to the holder, for the time being, of *this oblig&k, the sum of ' Pounds, and interest thereon afteg' the rate of six per cent. per annum ; such interest toj be payable on the first day of January and the every year, and the

principal to be paid on

,

in the Year

One Thousand Eight

Sealed with

day of

7

One Thousand Signed, sealed,

the presence of

I

No~~.-hterest, payable atr the Colonid Treasury in Adelaide, South Australia, or [ib London or in any other agreed place], at such place as may be appointed, by notice to be given in the South Aqtraiian Govmment Gazette, [and in the Londota Gazette].

Principal payable at the Colonial Treasury in Adelaide,

or, at the option of the holder [in London or other agreed

place,] if six months' potice of desire to that effect be given

to the Calonid Treasurer in South Australia.

entitled to &U rigbts and remedies, under and. in respect of the same, And every holder of any sue$ bond, for the time being, shall be

in the like manner as though he had been named therein as the

obligee thereof,

Bonh

beat iutare@t

2. The said bonds shall bear interest at the rate of Six Pounds per

at dx p r

cent.

centurn per m u m, and e h d l; h issued in such manner, and payable

at such times respectively, 8s that bonds amounting to the sum of

Fow Thousmd Pounds shall be redeemable in every year from the

first issue thereof; and the interest and principal upon such bonds shall be payable and paid to the holder thereof, at such place and time as may be specified therein.

Moneys to be mried

3. All num of money d ~ e d

and received by the Coionid Trewwer

to credit of Tmt.

upon the murity of the said bonds, shall be carried by the said

Treasurer t

the credit of _the mid Trust, and shall be by him

Sy any' warrant under his hand, may, from time to time, authorize

to the said !r--- rust, in such amomts and n~mex as the Governor,

and direct.

a u h r i t y hem& until the whole of h amounts m rrtised, and all interarrt thereon, ehaU have bew duly paid, to set apart the stua of Ten Thouaaad Pounds, or such lewr sum as shall sufEce to pay the amount of bonds redeemable daring such year, together with intereat upon all bonds which shall then hem interest, and shall apply such sum in payment of swh bonds and inter@& as aforesaid, in manner

specified h

such bonds.

5. The said T~]s3ast shall,

time to time, expend the moneys Moneys

nded in

to deepening

be ex-

which mav 6

received

under the authority hereof, in ErbOr.

deepeningd the outer m d

bars, of the said harbcdr of Port

Adelaide, to a depth of

lowwater, ancl &o in

deepening the fairway or

said harbor to a like depth,

from the said outer bar

d the said wharf called t b

Princes Wharf, and shall

e, furnish euch accounh,

details, and vouchers of

and such pmticula~s m

may be required by the Governo

6. No warrant

of any money

from the

7. It shall be law* for

TruC)t, aad it irJ hereby narb)r *uea not ex-

ceding 6d. p r

authorized, to evy and impose

+

ships or vessels entering the

i m w.

aid Port, harbor dues not ex

Sixpence per ton for every

ton of the registered burthen

such ship or vessel, and

from time to make, alter, and r

a for the enforcement and

collection of such harbor due

y-laws, when allowed in

manner by the said A& prescr

e the fo r&xlaw m an

/-/

reijj&ts.-

8. All moneys which shall be fro

time to time received and ?';;E?$~F

collectea by the said Trust on accoun of such harbr dues shall, colonial Trcaaurer.

E&

time to time, Le &d

by the aid Trust to the COG~I

-m

Treasurer, for the ~ u b h c

PU~DOWS

of

th 1

said

Province.

9. An mnual account in abstract shall

reparedby the said Trust f~A~;~b~p;~

of the total receipts and expenditure

funds raised or received lished.

under authority hereof for the

the said work, whether

-

&sing

from loins,

charges, 07 -my

er source, for and during

the past year, under the several distinct

ds of receipt and expen-

diture, with a statement of the balanc the same account duly audited and certified by the Colonial Treasurer and also by the Auditor-General, and a copy of such annual account shall be pub- lished in the South Australian Government Gwrptte.

*+~8t

to be formd.

10 The four senior Members, for the time being, of the Trinity Board, together with William Younghusband, Esquire, of Adelaide, merchant, Member of the hgidative Council, George Hall, Esquire, of Port Adelaide, merchant, and Edward Gascoyne Collinson, of Port Adelaide, merchant, and their successors to be appointed as herein- after-mentioned, shall form and be a Trust for the purpose of carry- ing this Act into effect, and wherever, in this Act, the word Trust is used the said persons and their successors shall be understood.

~ O W ~ O T

may remove

Membera in oom-

11, It shall be lawful for the Governor, from time to time, in com-

*Eme kfi ddras. pliance with any address of the Legislative Council or House of As-

of I~egislativeCouncd+ sembly, to remove any one of the said Trust and to appoint another person is his place, or in the place of any one of such persons who may die or resign: Provided, that until the appointment of any new Member of the said Trust, the residue thereof shall have and exercise

all the powers herein conferred.

Trust may appoint

oicera, eubject to

12, The said Trust shall, from time to time, appoint and employ such secretary, solicitor, engineers, clerks, messengers, and other officers, at such reasonable salary, pay, or reward, as to such Trust

approval.

may seem meet, subject to the approval of the Governor; aslit, from

time to time, at their discretion, to dismiss and discharge such officers, or any of them, and to appoint others in their place, subject to such approval as aforesaid.

Trust may sue andbe

13. The said Trust may sue and be sued in the name of their sonal responsibility by reason of any contract, engagement, matter, or thing, made, done, committed, or entered into, in the execution

aued in namc of secre-

secretary; and no member thereof shall incur any individual or per-

bv.

and performance of the matters herein authorized to be done.

p----

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Adelaide: PTisted by aathority b~ W.

C. Cox, Government Printer, Victoria-squara

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