LIBRARY ANNEX Ics'- -rf' l?i iiiil •^>^'l CoU^e of AMhitectmre Library CoMflil U»iTeraty 1^0^ QJorttcU HnioEtaitg ffiihratg 3t^aca, Sitw lock SOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND THE GIFT OF HENRY W. SAGE 1891 ^aArts Cornell University Library NAC 2604 .L8G78 1908 Port of London Act. 1908. 3 1924 024 407 698 ¥2 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024407698 Port of London Act, 1908. [8 Edw. 7. Ch. 68.] ARRANGEMENT OE SECTIONS. Establishment of Port of London Authority . Section. 1. Establishment of Port of London Authority. Powers and duties of Port Authority as to Accommodation and Facilities. 2. General duties of Port Authority as to improvement of accommodation and facilities. 3. Transfer to Port Authority of undertakings of Dock Com- panies. 4. Power to purchase undertakings. 5. Power to Port Authority to enter into agreements with London County Council as to transfer of piers, &c. 6. Power of Board of Trade to authorise construction of works, &c. Provisions as to the Thames Conservancy. 7. Transfer of powers, &c. of Thames Conservators in respect of lower river. 8. Reconstitution of Conservators. 9. Substitution of port stock for Thames Conservancy A debenture stock. 10. Relations between Port Authority and the Conservators. Provisions as to the Watermen's Gompa/ny, SfC. 11. Transfer of certain powers and duties of the Watermen's Company. 12. Provisions as to freemen and a,s to Sunday ferries and other charities of the Watermen's Company. iPrice 8d.] A i A.D. 1908. [Oh. 68.] Port of London Act, 1908. [8 Edw. 7.] A.D. 1908. Financial JProvisions. Section. 13. Port rates on goods. 14. Dock dues on vessels. 15. Prohibition of preferential, dock charges. 16. Port fund. 17. Security for transferred liabilities. 18. Powers of borrowing. 19. Issue of port stock. 20. Provisions as to discharge of loans, &c. 21. Order in whieh revenue to be applied. 22. Reserve fund. 23. Power of Board of Trade to order increase of dues. 24. Accounts and audit. 25. Power of Board of Trade to require estimates and audit more than once a year. Miscellaneous. 26. Powers of Port Authority to acquire land, promote Bills, &o. 27. Powers of Board of Trade as to conciliation. 28. Begulation of engagement of casual labour. 29. Provision of accommodation for alien passengers. 30. Duty of Port Authority as to surveys. 31. Through rates in respect of dock railways. 32. Provisions as to substituted stock. 33. Provision as to Provisional Orders, &c. 34. Byelaws. 35. Mutual rights as to inapection of documents. 36. Annual report. 37. Qualification of justices. 88. Provisions as to the Board of Trade. 39. Exemption of members of Port Authority from [service on juries. 40. Saving of right of authorities to be heard against Bills. 41. Saving for the Customs. 42. Saving for Admiralty, ii J J :iM fi (J ;^ \\?.n 3 V 1 M u Y5", AHSIJ.,' ' 8 Edw. 7.] Port of London Act, 1908. [Ch. 68.J Section. 43. Saving for vessels and goods passing through the Port of A.D. 1908. Loudon. 44. Saving in case of damage caused by dredging. 46. Saving for the borough of Southend-on-Sea. 46. Saving for the urban district of Sheerness. 47. Saving for the rural district of Sheppey. 48. Saving for London, Tilbury, and Southend Eailway Company. Definitions, Repeal, Sj-o. 49. Definitions. 50. Repeal. 61. Short title. Transitory Provisions. 52. Adjustment of property and liabilities. 53. Maintenance of undertakings of dock companies until the appointed day. 54. Dissolution of dock companies. 65. Saving for existing watermen and apprentices. 66. Temporary advances. 57. Pending proceedings and existing contracts. 58. Saving for existing byelaws, &c. 59. Compensation to directors of dock companies. 60. Existing officers and servants. 61. Amendment of Pilotage Order Confirmation Act, 1896. 62. Power of Board of Trade to remove difficulties. 63. Costs of Act. SCHEDTJLSS. A 2 iii [8 Edw. 7.1 Fort of London Act, 1908. [Ch. 68.] CHAPTER 68. An Act to provide for the improvement and better a.d. 1908. administration of the Port of London, and for purposes incidental thereto. [21st December 1908.] BE it 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: — Estahlishment of Port of London Authority. 1. — (1) An authority (in this Act referred to as the Port Establish- Authority) shall be established for the purpose of administering, "l®?* °^ ^^'^ • A • ■ +V, T) + «^ T i A i-i. • ^ of London preservmg, and improving the Port or London and otherwise for Authority. the purposes of this Act. (2) The Port Authority shall be a body corporate by the name of the Port of London Authority, with a common seal, having power to acquire and hold land for the purposes of this Act without licence in mortmain. (3) The Port Authority shall consist of a chairman and vice-chairman and other members elected and appointed in manner provided by this Act. (4) Subject to the provisions of this section, the chairman and vice-chairman shall be appointed by the Port Authority ; the person to be appointed to either such office may, but need not, be an elected or appointed member. (5) Subject to the provisions of this section, the number of elected members shall be eighteen, of whom seventeen shall be elected by payers of dues, wharfingers, and owners of river craft, and one shall be elected by. wharfingers. A3 1 [Oh. 68.] Port of^ London Act, 1908. [8 Edw. 7.] A.D. 1908. (6) Subject to the provisions of this section, the number of the appointed members shall be ten, appointed as follows: — By the Admiralty . . - - 1 By the Board of Trade .... 2 By the London County OouncU (being members of the Council) - - 2 By the London County Council (not being members of the CouncU) - - 2 By the Corporation (being a member of the Corporation) - - - - 1 By the Corporation (not being a member of the Corporation) - - - - 1 By the Trinity House - - - 1 (7) With a yiew to providing for the representation of labour on the !Port Authority, one of the members of the Port Authority appointed by the Board of Trade shall be appointed by the Board after consultation with such organisations representative of labour as the Board think best qualified to advise them upon the matter, and one of the members of the Port Authority appointed by the London County Council shall be appointed by the council after consultation with such organisations representative of labour as the council think best qualified to advise them upon the matter. , (8) Until the time fixed by this Act for the first retirement of members, two at least of the members of the Port Authority shall be persons of experience in dock management, and, if in order to enable this requirement to be observed it is necessary to do so, the Board of Trade may appoint one or two additional appointed members. (9) Subject to the provisions of this section, the Port Authority may pay to the chairman, vice-chaurman, and chair- man of any committee, or to any of them, such salaries or salary as the Port Authority may determine. (10) Subject to the provisions of this section, the provisions contained in the Pirst Schedule to this Act shall have effect with respect to the constitution and proceedings of the Port Authority and the election and appointment of members. (11) The first elected members, instead of being elected as provided by this Act, shall be appointed by the Board of Trade after consultation with such persons and bodies having knowledge 2 [8 Ebw. 7.J Fort of London Act, 1908. [Oh. 68.] and experience of trade or shipping in the Port of London as A.D. 1908. the Board may think fit, and the fi-rst chairman shall, if the Board think fit, be appointed by the Board, and shall, if appointed by the Board, be paid such salary (if any) as the Board may determine. Powers and duties of Port Authority as to Accommodation and Facilities. 2.— (1) It shall be the duty of the Port Authority, as soon as General may be after ihe appointed day, to take into consideration the p^^^V'ti state of the rirver and the accommodatiooi and facilities afforded rfty as to im- in the Port of London, and, subiect to the protisions of this provement of ■' ■*■ accommoaa- Act, to take such steps as they may consider necessary for the tion and improvement thereof. facilities. (2) For the purposes aforesaid the Pbrt Authority may, subject to the provisions of this Act, do all or any of the following things: — (a) carry on the undertaking of any dock compmy trans- ferred to the Poit Authority by this Act; (8) acquire and carry on any undertaking affording or intended to afford accommodation or facilities for the loading, unloading at warehousing of goods in the Port of London; (c) constnict, equip, maintain, or manage any docks, quays, wharves, jetties, locks, or piers, and buildings, rail- ways and other works in connexion therewith; {d) exercise any other powers conferred on or transferred to the Port Authority by or under this Act. 3. — (1) As from the appointed day the undertakings- of the Transfer to London and India Docks Company, the Surrey Commercial Dock rf^'^o^u^"' Company, and the Millwall Dock Company (which companies are takings of in this Act referred to as dock companies) shall be transfierrBd ^°°^«"n- •*■ panies. to and vest in the Port Authority, and the Port Authority shall issue to those companiesy or as they may direct, as eonsideratioia for theie undertakings the following amounts of port stock rareated under this Act — (a) in the case; of the London and India Doicks Company, seven million nine hundred and seventy-eight thousand eight hundred and seventy-sis pounds of A port stock A 4 3 [Ch.:68.J Port of London Act, 1908. [8 Edw. 7.] A.D. 1908. and nine million eight hundred and ninety-three thou- sand eight hundred and thirty-five pounds of B port stock : (6) in the case of the Surrey Commercial Dock Company, five hundred and twenty-two thousand pounds of A port stock and two million three hundred and eighty- eight thousand four hundred and eighty-five pounds of B port stock : (c) in the case of the Millwall Dock Company, six hundred and fifty-one thousand two hundred and seventy-six pounds of A port stock and nine hundred and twenty- eight thousand five hundred and four pounds of B port stock. (2) The stocks so issued shall be substituted for the existing debenture and other stocks of the dock companies in accordance with the provisions of the Second Schedule to this Act, and on such substitutions being effected the existing debenture and other stocks of those companies shall be cancelled : ■ Provided that no interest shall accrue due on any such existing stock in respect of any period after the appointed day, but the port stock issued in substitution therefor shall carry interest as from the appointed day. (3) Subject to the provisions of this Act and of any order of the Board of Trade made under this section, on the transfer of anv such undertaking the Port Authority shall hold the undertaking, and may exercise all the rights, powers, and privileges of the company, and shall, to the exclusion of the company, be subject to all the duties, obligations, and liabilities of the company (other than those in respect of the debenture stock of the company) under the Acts, whether local or general, and other provisions relating to or affecting the company, and to all other duties, liabilities, and obligations of the company existing at the appointed day, in like manner as if they were the company. (4) The Board of Trade may make such orders as may be necessary for the purpose of enabling the transfers to be effected and enabling the Port Authority to carry on the undertakings when transferred. Power to 4. — (1) It shall be lawful for the Port Authority and the u^ertek- Owners of any undertaking affording or intended to afford accom- ings. modation or faciUties for the loading, unloading, or warehousing 4 [8 Edw. 7.] Port 0/ London Act, 1908. [Oh. 68.] of goods in the Port of London with the consent of the Board of A.D. 1908. Ti'ade to enter into and carry into effect an agreement for the transfer of the undertaking to the Port Authority, and the Board of Trade may, on the application of the Port Authority or the owners, make such orders as may be necessary for the purpose of enabling the agreement to be carried into effect, and any such order may (amongst other things) provide, if the owners are a company, for the redemption and payment off of any debentures or debenture stock of the company, and for the dissolution of the company, and, if the whole or any part of the consideration under the agreement consists of port stock, as to the period within which provision is to be made for the redemption of that port stock, (2) If the Port Authority desire to purchase any such under- taking but are unable to come to an agreement with the owners of the undertaking, it shall be lawful for the Port Authority to promote a Bill in Parliament for the purpose. 5. The Port Authority and the London County Council may Power to enter into and carry into effect agreements for or with respect ^P^ Autho- to the acquisition by or transfer to the Port Authority, on such into agree- terms and conditions as may be agreed, of any piers and ments with landing places belonging to or held by the said council, together County with the powers of making byelaws, appointing tolls, rates, or Council as to charges, and of levying and enforcing the same, and with all pig^g ^ J*' other rights, powers, and authorities vested in or exerciseal)le by the said council in respect of such piers and landing places, and, upon such acquisition or transfer, all the said powers, rights, and authorities shall become vested in and exeroiseable by the Port Authority. 6. — (1) The Board of Trade may on the application of the Power of Port Authority make an order — S^^V^**^ •' Trade to au- («) authorising the construction and equipment of such *Jiorise con- j 1 I, • i.j.- • J T. -1 T struction of docks, quays, wharves, jetties, or piers, and buildings, works, &c. railways, and other works in connexion therewith as may be specified in the order ; (i) authorising the purchase and taking otherwise than by agreement of such land as may be specified in the order ; ( other chari- (2) So much of the Watermen's and Lightermen's Amend- ties of the Waterinen 8 ment Act, 1859, as relates to Sunday ferries and the appointment Company, and licensing of watermen or lightermen to ply on Sundays, shall as from the appointed day be repealed, and the Port Authority shall pay to the Watermen's Company in respect of any Sunday ferry established under that Act, and existing at the passing of this Act, such sum as, in default of agreement, may be determined by an arbitrator appointed by the Board of Trade. (3) Penalties and forfeitures paid to the Port Authority under section ninety of the Watermen's and Lightermen's Amend- ment Act, 1859, as applied by this Act, shall be applied by the Port Authority as part of their general funds, and the Port Authority shall pay to the Watermen's Company in respect of the loss of such penalties and forfeitures such sum as, failing agreement, may be determined by an arbitrator appointed by the Board of Trade. (4) The sums to be so paid to the Watermen's Company shall be paid into and form part of and be held on the trusts affecting the Poor's Pund of the Watermen's Company. (5) If the Charity Commissioners are at anytime of opinion that by reason of any alteration in the constitution or nature of the Watermen's Company or the qualifications to be possessed by freemen, the trusts affecting the Poor's Pund of the Company require to be modified, the Charity Commissioners may, either on the application of the Watermen's Company or without any such application, establish a scheme under the Charitable Trusts Acts, 1853 to 1894, regulating the application and administration of B 3 17 [Oh. 68.] Port of London Act, 1908. [8 Edw. . A.D. 1908. the Poor's Fund, regard being had to the purposes to which that — fund is at the passing of this Act applicable. Mnancial Provisions. Port rates on 13. — (1) Subject to the provisions of this section, as from S^°^^- such day as may be fixed by the Board of Trade not being more than thirteen weeks after the Provisional Order embodying the schedule mentioned in subsection (2) of this section has been confirmed by Parliament, all goods imported from parts beyond the seas or coastwise into the Port of London or exported to parts beyond the seas or coastwise from that port, shall, subject to any exemptions or rebates which may be contained in a Provisional Order under this section or allowed by the Port' Authority, be liable to such port rates as the Port Authority may fix, not exceeding such rates as may be specified in any Provisional Order, made by the Board of Trade for the time being in force, but the port rates charged by the Port Authority shall at all times be charged equally to all persons in respect of the same descrip- tions of goods under the like circumstances, and shall be charged separately from any other dues payable to the Port Authority : Provided that — (a) Nothing in this section shall authorise the Port Authority to charge lower port rates in respect of goods to be discharged from a vessel in a dock gf the Port Authority, or to be landed on the premises of or warehoused with the Port Authority, by reason only that the goods are to be so discharged, landed, or warehoused ; (6) The Provisional Order under this section shall provide for exempting from such rates goods imported for transhipment only, or which remain on board the ship in which they were imported for conveyance therein to another port, and may determine what goods are for the purposes of such exemption to be treated as goods imported for transhipment only. (2) Within six months after the appointed day the Port Authority shall submit to the Board of Trade a schedule of maximum port rates on goods, and tlie Board of Trade shall embody the schedule in a Provisional Order made for the pur- poses of this section, either without modifications or with such modifications as the Board think fit, and, if the Port Authoritv fail within such period as aforesaid to submit to the Board of 18 [8 Edw. 7.] Tort of London Act, 1908. [Oh. 68.] Trade sucli a schedule, the Board shall themselves prepare and A.D. 1908. embody in such a Provisional Order a schedule of maximum port rates on goods : Provided that the rates specified in the Schedule shall be such that, in the opinion of the Board of Trade, the amount of revenue produced thereby will, with the other receipts on revenue account of the Port Authority, be sufficient to meet the expenditure on all the purposes to which the receipts of the Port Authority on revenue account are by this Act to be applied and to provide a reasonable margin for contingencies. (3) If in each of two successive years the aggregate amount received from port rates on goods exceeds one-thousandth part of the aggregate value of the goods imported into and exported from the Port of London from and to parts beyond the seas in the year, or, if the amount received from port rates on goods discharged from or taken on board ships not within the premises of a dock of the Port Authority exceeds one three-thousandth part of the said aggregate value, it shall be the duty of the Port Authority to take the necessary steps to prevent the continuance of the excess, including, if necessary, an application to Parliament to provide them with further means of meeting their financial obligations. (4) A Provisional Order under this section may provide for the method of the collection and recovery of port rates on goods imposed under this section, and may for that purpose incorporate all or any of the provisions of the Harbours, Docks, and Piers lo All Vict. Clauses Act, 1847, with respect to the collection and recovery of **■ rates, so far as they relate to rates on goods, but shall provide that in the event of the owner or consignee of any goods liable to pay any port rates to which those goods are subject under this section not having paid those rates by the time when the goods are ready to be discharged, the owner or master of the vessel in which the goods are carried may himself pay such rates, and thereupon shall have a lien on the goods and all the rights and powers in respect of the same as he would have under Part VII. of the Merchant Shipping Act, 1894, in respect of unpaid freight or other charges, and where the goods are to be delivered to a public wharfinger that he may pay such rates on behalf of the owner or consignee of the goods, and thereupon shall have the like lien on the goods as he would have in respect of charges for the safe custody of the goods ; and such Provisional Order may authorise the making of special arrangements respecting the time and method of payment of port rates on goods by any B 4 19 [Oh. 68.] Port of London Act, 1908. [8 Edw. 7.] A.D. 1908. persons who at frequent intervals become liable to pay those rates, whether on their own account or on account of any other persons. (5) Eor the purpose of this section goods shall not be treated as having been imported or exported coastwise unless imported from or exported to a place seaward of a line drawn from Eeculvers Towers to Colne Point, being a line determined by the Treasury in pursuance of the power, conferred upon them 39 & 40 Vict, by section one hundred and forty of the Customs Consolidation c. 36. ^g^^ 1876, or any line that may be substituted therefor by the Treasury in pursuance of such power as aforesaid : , Provided that with respect to goods originally imported from a place seaward of the said line to a place' westward of the said line and thence imported into the Port of Londoii, and with respect to goods exported from the Port of London to a place westward of the said line and thence exported to a place seaward of the said line, such goods shall for the purposes of this subsection be considered as having been imported from or exported to a place seaward of the said line, and not from or to a place westward of the said line, unless they are landed at the latter place, but the authority having jurisdiction in the port of such intermediate place shall, if so required by the Port Authority, collect and pay over to the Port Authority the port rates to which the goods would have been liable had they been imported direct to or exported direct from the Port of London, and for thaft purpose shall have all such powers of collecting rates as are by or under this section conferred on the Port Authority, and shall be entitled to be repaid by that authority any expenses properly incurred by them in the exercise of those powers. Dock dues 14. The provisions contained in the enactments relating to on vessels, ^jjg London and India Docks Company conferring on that com- pany power to demand and take rates, rents, and sums in respect of vessels entering, lying in, or departing from the docks, basins, cuts, or entrances of that company, or granting any exemptions or immunities from any such rates, rents, or sums, shall continue to apply in respect of vessels entering, lying in, departing from, or otherwise using the docks, basins, cuts, or entrances and shall also apply in respect of vessels entering, lying in, departing from, or otherwise using docks, basins, cuts, or entrances constructed by the Port Authority under this Act, or transferred from any other dock company to the Port Authority by this Act, and shall as respects docks, basins, cuts, or entrances so transferred be substituted for the provisions as to rates and other charges on 20 [8 Edw. 7.J Port of London Act, 1908. [Oh. 68.] vessels contained in the enactments relating to the companies A.D. 1908. whose undertakings have been so transferred: Provided that — {a) In the case of the undertaking of the Surrey Com- mercial Dock Company, this provision shall not apply to vessels passing along the canal of that company, and not otherwise using the docks of that company when transferred; and (5) Nothing in this section shall be construed as extending any limitation on the immunities conferred by sec- tion twenty-eight of the Harbours, Docks, and Piers Clauses Act, 1847, to the case of any dock, basia, cut, or entrance to which that section applied without limitatixjn at the time of the passing of this Act. 15. — (1) The Port Authority shall not make any agreement, Prohibition nor shall they renew any agreement subsisting at the appointed of preferen- day by which any preferential dues or allowances on vessels or charges, goods, or for discharging the same, are or may be provided for, but, subject and without prejudice to any express statutory provision and to any agreements which may be subsisting at the appointed day, all dues imposed by the Port Authority in exercise of the powers transferred to or conferred on them by or under this Act, shall be charged equally in respect of all vessels of the same description carrying the same description of goods under the same circumstances or, as the case may be, in respect of all goods of the same description under the same circumstances in the same dock. (2) This provision shall as from the appointed day be sub- stituted for the provisions contained in the Acts of the several dock companies relating to equality of charges. 16. There shall be established a port fund, and all receipts Port fund. of the Port Authority shall be carried to that fund, and all pay- ments by the Port Authority shall be made out of that fund. 17. — (1) As from the appointed day any debentures, debenture Security for stock, mortgage debts, or other charges, the liability for which is [.''^"jf'f"®*^ by or under this Act transferred to the Port Authority, secured on the whole or any part of the undertaking or revenue of a dock company, or on the lower navigation fund or any revenue of the Conservators, shall, with the interest thereon, be, by virtue of this enactment, secured in like manner on the port fund ; and any debentures, debenture stock,, mortgage debts, or other charges secured on any specific property of any such company or 21 [Oh. 68.J Port of London Act, 1908. [8 Edw. 7.] A.D. 1908. the Conservators, the liability for whicli is so transferred, shall remain charged on that property; and any dehenture holder, holder of debenture stock, mortgagee or other person secured, shall have the same rights and remedies, as nearly as may be, against the Port Authority, and against the port fund or any specific property charged, as he would have had against the company or the Conservators, and against the undertaking, lower navigation fund, or revenue, or the specific property charged, if this Act had not been passed. (2) Subject to the provisions of this Act with respect to the substitution of A port stock for Thames Conservancy A deben- ture stock, the Port Authority may agree with the holder of any such debentures, mortgagee, or other person secured for the substitution of such amount of port stock of such class as may be agreed for the debentures, mortgage, or other security. Powers of 18. — (1) The Port Authority may borrow money for the borrowing. purpose of— {a) raising any money payable in respect of the transfer of the undertaking of any dock company under this Act ; (6) purchasing, redeeming, or paying off any debentures^ mortgage debt, or other charge the liability for which is transferred to the Port Authority by or under this Act; (c) raising any money payable in respect of the transfer, under this Act of any undertaking affording or intended to afford accommodation or facilities for loading, unloading or warehousing goods in the Port of London; [d) dredging and otherwise improving the river ; {e) constructing works for improving the accommodation and facilities of the Port of London, or acquiring land for any such work ; (/) P^yiiig ^'^7 compensation payable under this Act other- wise than by way of annuity ; and, with the consent of the Board of Trade, for the purpose of any payment by the Port Authority or of any work or other thing which the Port Authority are authorised to execute or do, and which or the cost of which ought, in the opinion of the Board of Trade, to be spread over a term of years. (2) Money borrowed under this section may be borrowed in such manner as the Board of Trade may by order direct, and 22 [8 Edw. 7.] ToH of London Act, 1908. [Ch. 68.] such money and the interest thereon shall he charged on the a.D, 1908. port fund or on such property or revenues of the Port Authority, and in such manner as the Board of Trade may sanction. (3) Any money borrowed ungler this Act, if borrowed for the purpose of — (a) raising any" money payable in respect of the transfer of the undertaking of any dock company under this Act ; or (6) purchasing, redeeming, or paying off any debentures, mortgage debt, or other charge ; or (c) raising any money payable in respect of the transfer under this Act of any undertaking affording or intended to afford accommodation or facilities for loading, unloading, or warehousing goods in the Port of London; or (t?) constructing any works for improving the accommoda- tion and facilities of the Port of London (other than dredging) or acquiring land for any such work; shall be repaid within such period not exceeding ninety years, and, if borrowed for any other purpose, shall be repaid within such period not exceeding sixty years, from the date of the borrowing as the Port Authority with the consent of the Board of Trade may, having regard to the circumstances of each particular case, determine. (4) For the purpose of paying off a loan raised under this Act, the Port Authority shall have the like powers of re-borrowing as a county council have under section sixty-nine of the Local 51 & 52 Vict. Q-overnment Act, 1888, and the provisions of that section so far ''• *1' as they relate to re-borrowing shall apply as if they were herein re-enacted and in terms made applicable to the Port Authority and to the security on which the Port Authority are by or under this Act authorised to borrow. 19. — (1) Por the purpose of enabling the Port Authority to issue of raise money which they are authorised to borrow, and to issue po'tstoc'^- any port stock which, by or under the provisions of this Act, is to be, or may be, issued, the Port Authority may create stock, to be called Port of London Stock, and in this Act referred to as port stock. (2) The port stock so created shall consist of A port stock bearing interest at three per cent., and B port stock bearing interest at four per cent, per annum, and, if the Port Authority 23 [Oh. 68. 1 Port of Londm Act, 1908. [8 Edw. 7.] A.D. 1908. SO determine, of other classes of port stock ranking pari passu with B port stock and bearing interest at such rate as the Port Authority may resolve. (3) A port stock and the interest thereon, and subject thereto all other port stock and the interest thereon, shall be charged on the port fund and on all the revenues of the Port Authority. (4) Subject to the provisions of this Act all port stock created by the Port Authority under the powers of this Act shall be issued, transferred, dealt with, and redeemed in accord- ance with regulations to be made by an order of the Board of Trade prior to the issue of any such port stock, or such other regulations as the Board oE Trade may from time to time by order prescribe, and such regulations may without prejudice to the generality of the above provision provide for the consent of limited owners, and for the application of the Acts relating to stamp duties and to cheques, and for the disposal of un- claimed dividends, and may apply for the purposes of this section with or without modifications any enactments of the 38 & 39 Vict. Local Loans Act, 1875, and the Acts amending the same, and "■ of any Act relating to stock issued by the County Council of London, or by the corporation of any municipal borough. Provided nevertheless that the regulations to be made as aforesaid — {a) shall authorise the holders of port stock of any class or classes of an aggregate nominal value of not less than five hundred thousand pounds in respect of the payment of interest on which the Port Authority have made default for a period of not less than three months to apply to the High Court for the appoint- ment of one or more receivers and managers of the revenues, property, and undertaking of the Port Authority ; and (6) shall not make A port stock or B port stock redeem- able before the expiration of twenty years from the appointed day; and (c) shall require at least six months' notice of intention to redeem port stock to be given; and {d) shall provide for the interest on A and B port stock being paid half-yearly and shall fix the date for the first payment of interest on A port stock not later than the first day of July nineteen hundred and nine 24 [8 Edw. 7.] Fort of London Act, 1908. [Ch. 68.] and the date for the first payment of interest on B port A.D. 1908. stock not later than the first day of August nineteen hundred and nine. (5) The total amount of port stock created under this Act and for the time heing outstanding shall not, unless Parliament otherwise determines, exceed by more than five million pounds the amount of port stock issued as the consideration for or in connection with the transfer of the undertakings of the dock companies. 20. — (1) The Port Authority shall, in accordance with regu- Provisions as lations made by the Board bf Trade, by the creation of one or to discharge more sinking or redemption funds or otherwise, make proyision ' for — (a) the redemption within a period of ninety years from the date of the transfer of the undertaking of any dock company of the amount of any port stock issued by the Port Authority as consideration for or in connection with that transfer, or issued by the Port Authority in substitution for any debentures, mortgages, or other securities of the company the liability for which is transferred to the Port Authority by this Act ; and (6) the redemption within a period of sixty years from the date of the substitution, of any port stock issued under this Act by the Port Authority in substitution for any Thames Conservancy A debenture stock; and (c) the repayment within the periods within which they are under this Act to be repaid of any sums borrowed by the Port Authority under this Act : Provided that, as respects any stock issued or money borrowed, the pmod for the redemption or repayment of which is or may be ninety years, the Port Authority shall not, during the first ten years of the period allowed for redemption or repayment, be required to make any payments into any sinking or redemption fund for or otherwise towards the redemption or repayment of the stock or loan. (2) Any regulations made by the Board of Trade under this section, so far as they relate to the repayment of any loans, may apply with or without modifications any enactments of the Local ijoan Acts, 1875, and the Acts amending that Act, and may contain such other provisions as appear to the Board of Trade necessary or proper, and shall have effect as if they were enacted in this Act. 25 [Oh. 68.J Port of London Act, 1908. [8 Edw. 7.] A.D. 1908. 21. The receipts of the Port Authority on reyenue account OrdeM^ ill any year shall be applied to the following purposes in the which re- following Order : — venue to be applied. ^^ rpjig payment of working and establishment expenses and the cost of the maintenance of the port, and of the execution and performance of the powers and duties of the Port Authority (including amongst other things payments on account of pensions, superannuation allow- ances, and compensation payable to oflBcers and servants) properly chargeable to revenue account : (2) The payment of interest on* A port stock and any arrears thereof : (3) The payment of interest on other classes of port stock and any arrears thereof: (4) The payment of interest on any loan raised by the Port Authority otherwise than by the issue of port stock : (5) The payment of any sums required under this Act to be paid into any sinking or redemption fund, or otherwise towards the discharge of any capital liability : (6) The payment into the reserve fund created under this Act of any sums required by this Act to be paid into that fund; and the balance, if any, shall be applicable to such purposes and in such manner, for the benefit of the port, as the Port Autho^ty may determine : Provided that — {a) The Port Authority shall be entitled at the end of the year to carry forward such sum as may be reason- ably necessary for meeting current expenses ; and , (5) The payment of interest on any debentures, debenture stock, mortgage debts, and other charges, the liability for which is by this Act transferred to the Port Authority, and the payment of interest on and the repayment of such temporary advances as the Port Authority are by this Act authorised to obtain with a view to supplying funds immediately on and for five years after entering on the undertakings of the dock companies shall, so long as payable, rank before the payment of interest on A port stock ; and {c) If the Board of Trade so direct, the payment of interest on a temporary loan, repayable in a period not exceeding two years (other than such a tempo- 26 [8 Edw. 7.J Tort of London Act, 1908. [Oh. 68.] rary advance as last aforesaid) shall rank pari passu a.D. 1908. with the payment of interest on any class of port " stock; and {d) The certificate of the auditor of the accoiints of the Port Authority, subject to such variations as the Board of Trade may allow, shall be conclusive as to the amount available for any of the purposes aforesaid. 22.-!— (1) The Port Authority shall carry to a reserve fund Eeserve such part of the receipts on revenue account as is available ^""'^• for the purpose until the fund amounts to one million pounds, and, if the fund is subsequently reduced below that amount, the Port Authority shall carry to the fund so much of any such receipts as is required to restore the fund to that amount and is available for the purpose. (2) The reserve fund so formed shall be applicable only towards meeting any deficiency on revenue account in any year. Provided that, if it is proved to the satisfaction of the Board of Trade that it is expedient to apply any part of it to any other purpose, *the Board may by order authorise the Port Authority to apply so much thereof as may be specified in the order to such other purpose, subject, however, to such conditions (if any) as may be specified in the order. (3) The sums paid into the reserve fund shall be invested in the prescribed manner. 23. — (1) The Port Authority shall at the beginning of every Power of financial year of the Port Authority submit to the Board of Trade J^oard of xrSids to an estimate of the receipts and expenditure of the Port Authority order in- during that financial year, whether on account of property, dues, crease of 1 ,T_ . dues. loans, or otherwise. (2) If the Board of Trade are satisfied that the receipts of the Port Authority on revenue account in any year are likely to be insufficient to meet the charges payable out of revenue in that year, or that the receipts of the Port Authority on revenue account in the last preceding year were insufficient to meet the charges payable out of revenue in that year, the Board may make an order requiring the Port Authority to levy any additional or increase any existing dues which they are authorised to levy to such extent and for such period as the Board may specify in the order, and the Port Authority shall comply with the order so made, so however that neither the additional nor the increased dues shall exceed the maxima allowed by law. 27 [Oh. 68.] Port of London Act, 1908. [8 Edw. 7.] A.D. 1908. 24. — (1) As soon as may be after the end of each, financial Accounts y®^^ °^ ^^^ ^oti Authority the accounts of the Port Authority, and audit. and any committee appointed by them, and of their oflBcers, shall be made up to the end. of that year and shall be in such form and contain such particulars as may for the time being be prescribed by the Board of Trade, and shall be audited by an auditor appointed by the Board, of Trade : Provided that — {a) the regulations made by the Board of Trade shall provide for the accounts of all sums expended by the Port Authority in erecting, maintaining, and managing warehouses, and of all receipts in respect of the warehousing of goods, being kept distinct from the other accounts of the Port Authority, and for those accounts being audited as a separate section of the accounts of the Port Authority ; and (6) in prescribing the form of accounts the Board of Trade shall have regard to the desirability of showing separately, so far as practicable, 'such items of receipts and expenditure on capital and revenue account as are wholly or mainly attributable to the dock undertakings of the Port Authority, and in particular the regulations shall provide that all receipts from port rates on goods discharged froia or taken on board ships not within the dock pre- mises of the Port Authority shall be shown sepa- rately from the receipts from port rates on goods discharged from or taken on board ships within such premises. (2) The Port Authority shall give to the auditor access to such books and documents as ' are necessary for the purposes of the audit, and shall when required furnish to him all vouchers and information requisite for that purpose, and shall afford to him all facilities for the proper execution of his duty. (3) If the auditor reports to the Board of Trade that the Port Authority have declined or neglected to comply with any of his recommendations or requirements, the Board may, if they think fit, after giving the Port Authority an opportunity of being heard, make an order directing the Port Authority to comply with such recommendations and requirements, with or without modification, as may be specified in the order. 28 [8 Edw. 7.] Tort of London Act, 1908. [Oh. 68.J (4) Within fourteen days after completion of tie audit tlie A.D. 1908. Port Authority shall publish an abstract of the accounts, together with any report of the auditor thereon, in some one or more London newspapers. (5) The remuneration of the auditor shall be such as the Board of Trade direct, and that remuneration and all expenses incurred by him in or about the execution of his duties, to such an amount as the Board of Trade approve, shall be paid by the Port Authority. 25. If the Board of Trade at any time consider it desirable Power oC that estimates should be submitted, and the accounts of the Port "°^^g \^ ^g. Authority made up and audited, more than once a year, the quire esti- Board may make an order to that effect, and may by the order ^^f^^j^^jg make such modifications in the provisions of this Act relating than once a to the submission of estimates and the making up and auditing y^*""- of the accounts of the Port Authority as may be necessary to give effect to the order. Miscellomeous. 26. — (1) The Port Authority shall, for the purposes of Powers their powers and duties under this Act, or otherwise with respect Authority to the administration, preservation or improvement of the Port to acquire of London, have power— moteBrn's, («) to manage, alter, remove, or enlarge any building, and **'• to alienate any land or buildings transferred to the Port Authority under this Act or otherwise vested in them ; and (6) to acquire, hire, erect, and furnish such buildings and ofl&ces as they may require; and ('*"<'«=«- undertakings of the dock companies the Port Authority may obtain advances of such sums of money as thpy may require for meeting their obligations and carrying on their business : Provided that the total amount so obtained shall not exceed five hundred thousand pounds, or such larger sum (not exceeding one million pounds) as the Board of Trade may sanction, and the sums so advanced shall bo charged on the port fund, but it shall be the duty of the Port Authority to repay any advance obtained under this section, together with all interest thereon, within five years from the date of obtaining the advance. (2) The provisions of this Act as to borrowing and the repayment of money shall not apply to advances under this section. 57. — (1) If on the appointed day any proceeding or any cause Pending of action is pending or existing by or against the Conservators, P^^^^^'^gs a dock company, or the Watermen's Company, the same shall contracts, not abate, be discontinued, or be in any way prejudicially affected by reason of anything in this Act, but the proceeding or cause of action may be continued, prosecuted, and enforced by or against the Port Authority as it might have been by or against the Conservators or the company if this Act had not been passed, but not further or otherwise. (2) All contracts, deeds, bonds, agreements, and other instru- ments, and all working arrangements subsisting immediately before the appointed day, and affecting the Conservators, a dock company, or the Watermen's Company, shall be of as full force aad effect against or in favour of the Port Authority, and may be enforced as fully and effectually as if, instead of the Conservators or the company, the Port Authority had been a party thereto : Provided that — (i) With respect to contracts any liability under which is to remain a liability of a dock company, the provisions of this, section shall in all respects be subject to the provisions of the sections of this Act relating to the maintenance of undertakings of dock companies until the appointed day and existing D 45 [Ch.68.] Tort of London Ads,. 14)08. [8 Edw. 7*]' A.D. 1908. Saving for existing byelaws, &c. Compen- sation to directors of dock com- panies. officers and servants, and shall not prejudice any remedy over by the Port Authority against a dock company in respect of any such liability; and (ii) Nothing in this section shall afEect any proceeding, cause of action, contract, deed, bond, agreement, or other instrument relating solely to any powers, duties, property, or liabilities of the Conservators or of the "Watermen's Company not transferred to the Port Authority by or under this Act. 58. All byelaws, rules, regulations, and dues made or enforceable by the Conservators, a dock company, or the Water-, men's Company, or the Court of the Watermen's Company, shall, so far as they are not inconsistent with the provisions of this Act, and until repealed, altered, or superseded, remain in force in like manner and to the like extent as if this Act had not been passed : Provided that any byelaws, rules, regulations, or dues made or imposed in pursuance of any power by this Act transferred from the Conservators or the Watermen's Company or the Court thereof to the Port Authority, shall, subject to any order made by the Board of Trade, extend throughout the area within which the power in pursuance of which they were made or imposed is for the time being exerciseable by the Port Authority. • 59: — (1) The Port Authority shall issue by way of com- pensation for the loss of office sustained by such of the directors of the several dock companies as were in office both at the date of the publication of the notice of the Bill for this Act and on the appointed day, the following amounts of A port stock :— {a) to the London and India Docks Company sixty-seven thousand six hundred pounds ; (6) to the Surrey Commercial Dock Company forty thousand pounds ; (c) to the MUlwall Dock Company twenty thousand pounds ; and the stock so issued shall be distributed amongst the directors entitled to compensation in such proportions as those directors or a majority of them determine. (2) If any such director becomes entitled to a salary as chairman, vice-chairman, or chairman of a committee of the Port Authority a sum equal to the amount of the interest on the port stock allotted to him as compensation under this section 4=6 [8 EjDW. 7.] Part of London Aet, 1908. [0h.^ 68.] shall, whilst he holds the office to which the salarj* is attached, A.D.iaos. be deducted from the salary which would otherwise be payable to him. 60. — (1) Subject to the provisions of this Act — ' Existing officers and {fi) every officer and servant of the Conservators, unless he servants, is immediately before the appointed day employed solely or mainly in connexion with the powers and duties of the Conservators not transferred by this Act to the Port Authority ; and {b) every officer and servant of th© several dock companies ; and (c) every officer and servant of the Watermen's Company immediately before the appointed day employed solely or mainly in connexion with the powers and duties of the Watermen's Company or the court of that company by this Act transferred to the Port Authority, (all which officers and servants are in this Act referred to as existing officers and servants) shall, as from, the appointed day, become an officer or servant of the Port Authority, and shall hold his office or situation by the same tenure and upon like terms and conditions, (including all conditions regarding pension or other superannuation allowance) under the Port Authority as he would have held the same under the body from whbm he is trans- ferred if this Act had not been passed, and while performing the same duties shall receive not less salary, wages, or pay than he would have been entitled to if this ^.ct had not been passed. (2) Every existing officer and servant shall perform, such duties as he may be required to perform by the Port Authority, (3) The Port Authority may abolish the office or situation of any existing officer or servant which they deem unnecessary, and any existing officer or servant required to perform duties such as are not analogous, or which are an unreasonable addition to those which as an officer or servant of the body from whom he is trans- ferred he was required to perform, may relinquish his office or service/ and every existing officer or servant whose office is so abolished or who so relinquishes his office or service as aforesaid or who otherwise suffers any direct pecuniary loss in consequence of this Act, . shall be entitled to be paid by the Port Authority compensation ior such pecuniary loss, regard being had to the conditions on which his appointment was made, the nature of his D 2 47 [Oh. 68.] Pwt of London Act, 1908. [8 Edw. 7.] A.D. 1908. office or employment, the duration of Ms service, aud any other circumstances affecting the case. (4) Subject to the provisions of this section, the provisions 51 & 52 Vict, contained in section one hundred and twenty of the Local Govern- °'*^" ment Act, 1888, relating to compensation to existing officers, shall apply to any claim for compensation by an existing officer or servant with the substitution of references to the Port Authority and port fund for references to the County Council and county fund. (6) If within a period of five years after the appointed day the services of any existing officer or servant are dispensed with by the Port Authority because his services are not required, and not on account of misconduct or incapacity, or the salary to any sach officer or servant is reduced on the ground that his duties have been diminished in consequence of the provisions of this Act, the officer or servant shall be deemed to have suffered direct pecuniary loss in consequence of this Act. (6) Any person foi*merly in the employment of the Con- servators, or of any dock company, or the Watermen's Company, who on the appointed day is, though not legally entitled thereto, in receipt of a pension or other superannuation allow- ance from the Conservators, or any dock company, or the Watermen's Company, shall continue to receive from the Port Authority the same pension or allowance unless he is guilty of grave misconduct, and any question whether he has been guilty x)f such misconduct shall, in case of difference be determined by the Board of Trade: Provided that this provision shall not apply in the case of a person in receipt of a pension or superannuation allowance from the Conservators or the Watermen's Company unless the employ- naent of the person whilst in the employ of the Conservators or Watermen's Company was of such a nature that, in the opinion .of the Board of Trade, he would have been transferred to Port Authority had he been in that employment at the appointed day. (7) In computing the time of service of any existing officer or servant for the purpose of determining the compensation to which •he is entitled under this section, or of any superannuation or annual allowance that may be awarded him by the Port Authority 29 & 30 Vict, under the provisions of the Superannuation (Metropolis) Act, 1866, '-'•^^- as applied by this Act, or to which he may be entitled under the London and India Docks Pension Scheme, or the respective 48 [$ Edw. 7.] Port of London Act, 1908. [Oh. 68.] schemes of the Surrey Commercial Dock Company or otherwise, A,D. 1908. the period during which he has been in the service of the Con- servators, a dock company, or the Watermen's Company shall be included : Provided that as respects the officers mentioned in the Seventh Schedule to this Act (being officers who were appointed to their offices as specially qualified persons at an age exceeding that at which public service ordinarily begins) the provisions of this subsection shall apply as modified by that schedule. (8) Charles James More, the engineer of the Conservators, and Thomas Henry Cullis, the secretary of the Surrey Commer- cial Dock Company, if they respectively continue to hold those offices till the appointed day,, shall on the appointed day be entitled to relinquish their offices and to be paid by the Port Authority a superannuation allowance amounting to two-thirds of the salary payable to them respectively at the date of the introduction of the Bill for this Act. (9) The liability of the Conservators ' in respect of any pension or superannuation allowance ' payable to James Hilditch Gough shall be transferred to the Port Authority. (10) As respects Joseph Guinness Broodbank, the {secretary to the London and India Docks Company, Thomas Hardy, the manager of that company, and Edward Prancis Turner, ^^the solicitor to that company, such of the provisions of the agree- ments made by that company with those officers respectively, the first two dated the eleventh day of February one thousand nine hundred and eight and the third dated the twenty-fourth .day of Pebruary one thousand nine hundred and three, as determine the rights of those officers in the event of the undertaking of the company being purchased in pursuance of any statutory power (except in the case of the two first-mentioned agreements the provisions of clause six of those agreements) shall be substituted for the provisions of this section both as to the conditions of employment (if the Port Authority elect to employ them) .and compensation and as respects the said provisions of ; those agree- ments the Port Authority shall, except as aforesaid, be subject to the exclusion of the company, to all the duties, liabilities, and obligations of the company under those agreements in like manner as if they were the company. (11) Every existing officer or servant not entitled to com- pensation under this section, and not otherwise lejjalJy entitled to D 3 49 [Gp, 68.] Fort of London Act, 1908. £8 Edw. 7.] AJ). 1908. any pension or superannuation allowance, who becomes inculpable of discharging the duties of his office with efficiency by reason of permanent infirmity of mind or body, or who has attained the age of sixty years, or who having been in the service of the Conservators, or a dock company, or the "Watermen's Company for a period of not less than five years, is dismissed by the Port Authority on any ground other than misconduct shall, upon his resigning or otherwise ceasing to hold office, be entitled to a superannuation allowance upon the terms and conditions and according to the scale specified in the Superannuation (Metropolis) Act, 1866, as applied by this Act : , , Provided that this provision shall not apply to any officer or servant who, having regard to the practice of the body from whom he is transferred with regard to pensioning their officers and servants, had no reasonable expectation of receiving a pen- sion or superannuation allowance on retirement had he remained in the service , of that body, and any question as to whether an officer or servant had such reasonable expectation shall be finally deterjaained by the Board- of Trade. (12) If the Port Authority think— ^ : ; {a) that any appointment- to any office or service of the Conservators, a dock company, or the Watermen's Company, or any alteration in the rate of salary, wages, or pay of any existing officer or servantt made subsequently to the date of introduction ..of the Bill for this Act, was not reasonably necessary in the ordinary course of the business of the Con- servators or the company ; or (S) that any grant or alteration of a pension or super- annuation allowance, or of any right thereto, made by the Conservators, a dock company or the Water- men's Company subsequently to that date was not in accordance with the usual practice of the Con- servators or the company with respect to granting or altering pensions or allowances, the Port Authority may give notice in writing to the Conservators the dock company or the Watermen's Company to that effect within six weeks after the appointed day, and, if the Port .Authority give such a, notice, it shall be referred to an arbitrator appointed by the Board of Trade to determine whether or not 50 [8 EJ^kW. 7.] PQrt of LQndon J.ct, 190,8. j [Ch. 68.] the appointment, alteration or grant was reasonably necessary in A.D. the ordinary course of the business, or was in accordance with ~ the usual practice of the Conservators or the company, and the arbitrator shall determine whether, and to what extent, as between the Port Authority and the Conservators or the company any liability arising in respect thereto is to be transferred to the Port Authority or is to continue as a liability of the Conservators or the company. (13) Nothing in this Act shall prejudice or affect the rights or interests of any person who on or immediately before the appointed day is a member of the staff of the London and India Docks Company, or who may or would become or be entitled to a superannuation allowance of and in the pension fund or other fund formed by and under the' provisions of the indenture and official circular mentioned in Part I. of the Eighth Schedule to this Act; but all the provisions of such deed and official circular in favour of or affecting the members of the staff of the London and India Docks Company, and their wives and families, shall remain in full force and' effect, and the Port Authority shall, as from the appointed day, be entitled to all the benefits and interests, and bfe subject to all the liabilities of the London and India Docks Company under such indenture and ofiB^oial circular. (14) Nothing in this Act shall prejudice or affect the rights or interests of any person who on or immediately before the appointed day is a member of the staff of the Surrey Commercial Dock Company, or entitled to a superannuation allowance under the provisions of any of the superannuation deeds mentioned in Part II. of the Eighth Schedule to this Act, or except as other w^ise expressly provided by this Act with respect to James Stranach GaskeU and Gilbert William Wheeler under any resolution of the company passed previously to the introduction of the Bill for this Act by which, for the purpose of any pension or superannuation allowance, any number of years has been added to the number of years during which any such person as aforesaid has actually served the company; but all the provisions of any of the said superannuation deeds and resolutions in favour of or affecting any such person as aforesaid shall remain in full force and effect, and the Port Authority shall, as from the 9,ppointed day, be entitled to all the benefits and interests and be subject to all the liabilities of the Surrey Commercial Dock Company under the said several superannuation deeds and resolutions. D 4 51 [Ch. 68.] Fort of London Act, 1908. [8 Edw. 7 j Ameudm ent of Pilotage Order Con- firmation Act, 1896. .A.D. 1908. (15) If any question arises as to whether an officer or servant is transferred to the Port Authority under this section, the question shall be determined by the Board of Trade. (16) The temporary retention after the appointed day of the services of an officer or servant by any dock company in accordance with the provisions of this Act shall in no wise prejudice or affect, his rights under this section. (17) This section shall, with the necessary adaptations, apply to the officers and servants of the Conservators who are not trans- ferred to the Port Authority in like manner as if the Conservators,' as reconstituted by this Act, had been a new authority and those officers and sen'ants had been transferred to that authority. 61. As from the appointed day, and unless and until a Provisional Order under section five hundred and seventy-seren of the Merchant Shipping Act, 1894, dealing with the matter is made and confirmed, a shipowners' representative on the Pilotage Committee of the Trinity House shall, instead of being elected in the manner provided by the Order scheduled to the Pilotage 59 & 60 Vict. Order Confirmation Actj 1896, be appointed by the Board of c. xcvu. Trade after consultation with the General Shipowners' Society of London and such other persons or bodies having knowledge or experience of shipping in the Port of London as the Board think fit, and the Order scheduled to the Pilotage Order Confir- mation Act, 1896, shall be read accordingly as though referencdfe to such an appointment were substituted for references to elections by shipowners. 62. — (1) If any difficulty arises with respect to the establish- ment of the Port Authority, or the reconstitution of the Con- servators, or to the appointment of the first members, or to the first meeting of the Port Authority or of the Conservators as reconstituted, the Board of Trade may by order make any appointment or do anything which appears to them to be neces- sary or expedient for the proper establishment of the Port Authority, or the reconstitution of the Conservators, and the proper holding of the first meeting: Provided that nothing in this section shall empower the Board of Trade to alter the number of the Conservators or to alter or interfere with the right of any body under this Act to a])point a Conservator or Conservators or the proportion of representation to which any such body is entitled under this Act. R2 Power of Board of Trade to remove difficultie?. [8 Edw. 7.] :Bort of London Act, 1908, [Ch. 68.] (2) Any such order may modify the provisions of this Act A.D. 1908. and the Thames Conservancy Act, 1894, so far as may appear to the Board of Trade necessary or expedient for carrying the order into effect. 63. All costs, charges, and expenses preliminary to and of Costs of Act. and incidental to the preparing, applying for, obtaining, and passing of this Act incurred by the Board of Trade shall be repaid to that Board by the Port Authority when established under this Act. 53 [Gh. 68.1 ^or^ of London Act, 1908. [8 Bdw. 7.] A.D. 1908. SCHEDULES. Section 1. PIRST SCHEDULE. CONSTITUTION OF PORT AUTHORITY. Pakt I. Provisions as to Proceedings at Meetings of Port Authority. (1) At every meeting of the Port Authority, the chairman, if present, shall preside. If the chairman is absent, the vice-chairman, if present, shall preside. If both the chairman and vice-chairman are absent, such other member as the members then present choose shall preside. (2) Every question at a meeting of the Port Authority shall be decided by a majority of votes of the members of the Port Authority present and voting on that question, and in the case of equality of votes the person presiding at the meeting shall have a second or casting vote. (3) The quorum of the Port Aiithority shall be one-third of the whole number of the Port Authoiity. (4) The Port Authority may appoint such and so many committlfes, either of a general or special nature, and consisting of such number of persons, and either wholly or partly of members of the Port Authority, as they think fit, for any purposes which, in the opinion of the Port Authority would be better regulated and managed by means of committees, and may delegate, with or without any restrictions or conditions, as they may think fit, any of their powers or duties, except any power of raising money, and except any powers of fixing or varying any dues, and except any power of making any application to Parliament or to the Board of Trade in respect of any such dues, to any committee of the Port Authority so appointed, and the provisions of section eighty-two of the Local Government Act, 1888, with respect to proceedings of committees of county councils, shall apply to committees of the Port Authority as if they were committees of a county council: Provided that a majority of the members of every committee shall be members of the Pdrt Authority. (5) A minute of the proceedings of the Port Authority or of a committee thereof, signed at the same or the next ensuing meeting by a member of the Port Authority or comoiittee describing himself as, or appearing to be chairman of the meeting at which the minute is signed, shall be received in evidence without further proof. 54 [8 Edw. 7.] Port of London Act, 1908. [Gfl. 68.] (6) Until the contrary is proved, every meeting in respect of the pro- ^,D. 1908. ceedings whereof a minute has been so made shall be.deepjed.to have bpen duly convened and, Jield, and all the men;ibers of the. meeting shall be deemed to have been duly qualified ; and where the proceedings are proceedings of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matter referred to in the .minutes. (7) Subject to the provisions of this Act, the Port Authority may regulate their own procedure. (8) No act or proceeding of the Port Authority shall be questioned on account of any vacancy in their body, or on account of the election or appointment of any member having been defective. Paut II. Provisions as to QuAiiiFiCATioNS of Chairmak, VjCE-Ch AIRMAN, AND OTHER MEMBERS. (1) A person shall be disqualified for being appointed, or being chairman or vice-chairman, or being elected or appointed or being a member of the Port Authority if he — (a) is not a British subject resident in the United Kingdom; or. . (6) holds any paid office under the Port Authority save as permitted by this Act ; or (c) is concerned in any bargain or contract entered into with the Port Authority, or participates in the profit of any such bargain or contract, or of any work done under the authority of the Port Authority : Provided, that a person shall not be disqualified for being appoinfegd or being chairman or vice-chairman, or being elected or appointed or being a member; by reason of being intej;ested — ( : (i)' in 'liie sale oi: lease of any lands, or in any loan of money to the Port Authority, or in any contract with the Port Authority 'fbr ' I the supply from landj of which he is owner or occupier, of materials for work being done by or' under the authority of the - Port Authority ; or (ii) in any newspaper in which any advertisement relating to the affairs of the Port Authority is inserted ; or (iii) in any bargain or contract with the Port Authority or made in the ordinary course of the dock or warehousing business , of the Port Authority. (2) A person shall be disqualified for being chairman, vice-chairman or other member of the Port Authority if he is convicted, either on indictment or summarily, of any crime, and sentenced to imprisonment with hard labour without the option of a fine, or to any greater punishment, or is adjudged bankrupt, or makes a composition or arrangement with his creditors. •■'■'' 55 [Ch. 68.] Pot^t of London Act, 1908. [8 Edw. 7.] A.D. 1908. (3) If any member of the Port Authority appointed by the London County Council or the Corporation, who at the date of his appointment was a member of the appointing authority, ceases for three months to be a member of that authority, lie shall at the end of that period vacate his office as member of the Port Authority, and if any member of the Port Authority appointed by the London County Council or the Corporation who at the date of his appoiatment was not a member of the appointing authority becomes a member of that authority he shall forthwith vacate his office as member of the Port Authority. (4) If the chairman, vice-chairman or any other member is absent from meetings of the Port Authority for more than six months consecutively, except for some reason approved by the Port Authority, he shall, on the expiration of those months, vacate his office. (5) Where the chairman, vice-chairman or other member becomes dis- qualified for holding office, or vacates his office from absence or otherwise, the Port Authority shall forthwith declare the office to be vacant, and shall notify the fact in such manner as they think fit, and thereupon the office shall become vacant. Part III. Provisions as to Tenure of Ottice, Casual Vacancies, &c. (1) Subject to the provisions of this Schedule, the term of office of a member of the Port Authority shall be three years, and the term of office of the chairman and vice-chairman shall be three years. (2) On the first day of April nineteen hundred and thirteen (and in the case of members appointed by the London County Council nineteen hundred and ten), and on the first day of April in every third year thSre- after, all the elected and appointed members of the Port Authority shall go out of office, and their places shall be filled by new elections and new appointments to be held and made at such times as may be fixed by an Order made by the Board of Trade, but a person going out of -office may, if otherwise qualified, be re-elected or re-appointed. (3) The first business at the first meeting of the Port Authority, after the first day of April nineteen hundred and thirteen, and at the first meeting after the first day of April in every third year thereafter, shall be the new appointment of a chairman and vice-chairman, but a person going out of office may, if otherwise qualified, be re-appointed, and a chairman or vice-chairman shall continue in office until his successor is appointed. (4) On a casual vacancy occurring in the Port Authoritjr by reason of the death, resignation, disqualification, or absence of a member, or otherwise, the vacancy shall be filled, — (a) in the case of an elected member, by .a member co-opted by the remaining elected members of the Port Authority at a meeting of those members specially summoned for the purpose; (6) in the case of an appointed member, by a member appointed by the authority by whom the vacating member was appointed ; 56 [8 Edw. 7.] :Port of London Act, 1908, [Ch. 68,] and the person so co-opted or appointed shall hold office until the time when A.D. 1908. the person in whose place he is co-opted or appointed would have regularly gone out of office, and shall then go out of his office. (5) On a vacancy occurring or being about to occur in the office of an appointed member the elevk or secretary of the Port Authority shall imme- diately give notice to the authority by which the vacancy is to be filled. (6) Oq a person being elected or appointed a member, the returning officer or the appointing authority, as the case may be, shall forthwith give notice of the election or appointment to the Port Authority. (7) The appointment of a member to be chairman or vice-chairman shall not create a casual vacancy. (8) On a casual vacancy occurring in the office of chairman or vice- chairman of the Port Authority by reason of the death, resignation, disqualification, or absence of the chairman or vice-chairman, or otherwise, the person appointed in his place shall hold oifice until the time when the person in whose place he is appointed would regularly have gone out of office, and shall then go out of office. Part IV. Provisions as to Election op EiiECted Members. (1) Subject to the provisions of this Act, elections of elected members shall be held at such times and in such manner and in accordance with such regulations as the Board of Trade niaj? by order direct ; and those regulations may contain all things necessary, preliminary, or incidental to the election. Provided that, in prescribing the manner in which elections are to be conducted and votes are to be recorded,, the Board of Trade shall have regard to the desirability of elections being so conducted and votes being so recorded whether by allowing the voter to record a vote for a number of candidates in order of preference or otherwise as to secure that so far as possible the several interests concerned shall be adequately represented on the Port Authority. (2) The regulations may provide that (subject to duly qualified candidates presenting themselves) the elected members shall include as nearly as may be an equal number of persons whose principal business 13 or has been mainly connected with vessels and persons whose principal business is or has been mainly connected with goods. (3) A register shall be formed and revised at such times, in such manner, and in accordance with such regulations as the Board of Trade may by order direct, comprising payers of dues, wharfingers, and owners of river craft. (4) The register for the time being in force shall be. conclusive evidence tliat the persons named therein and no others are entitled to vote at an election, and that those persons respectively are entitled to the number of votes stated therein. 57 [Oh. 68.] Port of London Act, 1908. [8 Edw. 7.] A.D. J908. ' (5) Subject ' to the provisions of this Schedule, every person -shall be entitled to have 'his name entered on the register as a payer of dues who is resident in the United Kingdom, and has on his own account during the preceding, I financial year paid to the Port Authority dues amounting in the aggregate to not less than ten pounds. . (6) Subject to the provisions of this Schedule, every person shall be entitled to have his name entered on the register as a wharfinger, who is resident in the United Kingdom, and was, on the prescribed date,, the occupier of a wharf, quay, warehouse, or granary adjoining the Port of London mainly used for warehousing the goods imported into the port of London of persons other than the occupier of such premises, the rateable value of which is not less than fifty pounds. (7) Subject to the provisions of this Schedule, every person shall be entitled to have his name entered on the register as an owner of river craft who is resident in the United Kingdom and was on the prescribed date the owner of such a craft. (8) Subject to the provisions of this Schedule, each person whose name is entered on the register shall, at any election of members to be elected by payers of dues, wharfingers, and owners of river craft, be entitled to give one or more votes according to the following scales : — (a) In the case of a person entered on the register as a payer of dues — £ £ Where the dues amount to 10 but do not amount to 25 50 JJ ?j 100 it a 200 >) 3> 400 » »» 800 >i t> 1,500 JJ » 3,000 25 Votes, 1 50 , 2 100 , 3 200 , 4 400 , 5 800 , 6 1,500 , 7 3,000 , 8 5,000 , 9 and for every additional 2,000/. over 5,000/. one vote, so, however, that the total number of votes to which any one payer of dues is entitled shall not exceed fifty. (6) In the case of a person entered on the register as a wharfinger — Where the rateable value of the premises amounts to — 50/. but does not amount to 125/. - Votes, 1 125/. jj 250/. „ 2 250/. » 500/. „' 3 500/. 5J » 1,000/. - „ 4 1,000/. t) >i 1,500/. » 5 1,500/. a i> 2,000/. „ 6 2,000/. }} ■ it 3,000/. - „ 7 3,000/. » Jj 4,000/. - „ 8 4,000/. >; )) 5,000/. - „ 9 58 [8 Edw. 7.] Fort of London Act, 1908. [Ch. 68.] Where the rateable value amoUuts to 5,000Z. or oyer, 10 votes. , A«D. 1909^,. (c) In the case of a person entered on the register as an owner of river craft. Where the number of craft owned amounts to- 1 but does not amount to 10 10 „ ., 30 - 30 50 50 100 100 150 150 200 200 300 300 400 400 500 Where the number of craft owned amounts to 500 or over Votes, 1 ;, 2 „ 3 „ 4 „ 5 „ 6 „ r „ 8 .. 9 10 (9) Subject to the provisions of this Schedule the persons entitled to vote at an election of a member to be elected by wharfingers shall be the persons entered upon the register as wharfingers and no others, and at such an election each person shall be entitled to give one or more votes according to the scale hereinbefore contained. (10) Where a wharfinger is the occupier of two or more premises sepa-' rately assessed, he shall be entitled to be entered on the register and to vote: in respect of each of such premises in like manner as if as respects each of such premises he were a separate person, (11) Where any dues have been paid on account of a company or a firm, . or the owners of : any ship or river craft who are not partners, or where a company or a firm or an association or body of persons are the occupiers of such a wharf, quay, warehouse, or granary as aforesaid,, or where any river craft is owned by a company or a firm or by persons who are not partners, the dues shall be deemed to have been paid on his own account by such one of the directors or officers of the company or partners in the firm or members of the association or body or owners of the ship or river craft or other person as the directors or firm or association or body or owners may appoint in the prescribed manner, and the wharf, quay, warehouse, or granary shall be deemed to be occupied, and the craft owned, by a director or partner or owner or member similarly , appointed. (12) Where a person possesses more than one qualification he shall be entitled to be entered on the register and to vote in respect of each such, qualification, in like manner as if as respects each such qualification he were a separate person. (13) If at any time it appears to the Board of Trade that, as a result of the qualifications and scales of votes fixed by this Schedule the voting power of any voters or class of voters is disproportionate or inadequate having regard to their interest in the Port of London, the Board may by provisional order make such variations in those qualifications or scales of votes as may seem to them to be just, and may provide for 69 [Oh. 68,] Port of London Act, 1908. [8 Edw. 7.] A.D. 1908. different qualifications and different scales of votes for different classes of payers of dues. (14) All proper expenses of or incidental to the formation or revision of the register, or of or incidental to an election of an elected member shall, subject to any regulations in any order of the Board of Trade made under this Part of this Schedule, be defrayed by the Port Authority. (15) The Port Authority shall not themselves be entitled to be entered or to appoint any person to be entered, on the register in respect of any qualification possessed by the Port Authority. (16) Ar.y forms provided or sanctioned by the Port Authority for use in connection with the payment of any dues shall contain a column for the insertion ttiereir of the name and address of the person on whose account the dues are paid : Where dues paid by any person are paid by him on behalf of any otiier person and are directly recoverable by him from that othec person that other person shall if he so requires be entered as the person by whom and on whose account tlie dues are paid : Provided that where the owner or master of a ship or a public wharfinger has in pursuajice of this Act paid rates on goods on behalf of some other person the rates shall for the purposes of this Schedule be deemed to have been paid by and on account of such other person. Subject as aforesaid the person by whom the dues are paid shall for the purposes of this Schedule be deemed to be the person on whose account they are paid. (17) For the purposes of this Schedule " dues " shall not include fees in respect of the registration or licensing of craft and boats but shall include payments in commutation of due.-?. (18) For the purposes of the first election under this Act " dues " shall include dues of such classes and in respect of such services only as may be set forth in a Provisional Order to be made by the Board of Trade. Part V. Provision as to First Constitution and Eirst Meeting. (1) The Board of Trade shall take such steps as may be necessary for constituting the Port Authority as soon as may be after the passing of this Act, and for summoning the first meeting of the Port Authority and regu- lating the proceedings thereat, and all authorities and persons shall comply with any instructions issued by the Board of Trade for that purpose, and any expenses incuired by the Board of Trade for the purpose aforesaid shall be repaid to that Board by the Port Authority when established. (2) The notice of an appointment of an appointed member required by this Schedule to be given to the Port Authority shall in the case of a first appointment be given to the Board of Trade. 60 [8 Ed-w. 7.] :Port of London Act, 1908. [Oh. 68.] SECOND SCHEDULE, (1) The amount of stock to be issued to the several dock companies under this Act, as consideration for {heir undertakings, shall be distributed amongst the holders of the various classes of stock of the companies at the rates of substitution specified in the following scales ; — (a) In the case of the London and India Docks, Company — For lOOi. 3 per cent. A Debenture stock ' „ lOOi. 3 „ B „ lOOi. 3 „ C „ 1001. 4 „ A preference „ ) „ lOOi. 4 „ B „ lOOl. preferred ordinary stock „ 1001. deferred „ „ (6) In the case of the Surrey Commercial Dock Company — For 1001. 4^ percent, debenture stock -" there shall be substituted lOOZ. 4 100?.. 5 1001. 5 lOOZ. 5 1001. 5 lOOZ. 5 (minim am) A pre- ference stock. B preference stock „ „ D E „ „ F ,, „ there shall be substituted „ 100 ordinary stock - - -J (c) In the case of the Millwall Dock Company — For lOOl. 5 per cent, debenture stock aOOi, A Port stock. 1001. A „ ?J 1001. A „ }) 1001. B „ 9} \00l. B „ » 1001. B „ ») :75l.B „ it ^150l A Port stock. 1121. 10s. B Port stock. 1251. B Port stock. 125?. B „ i? 1251. B „ JJ 1251. B „ ^, 1251. B „ )) 'v 951. B „ 9> 1001. 4 lOOl. 5 per cent, preference stock 1001. 4i 1001. new 5 per cent. „ „ 1001. ordinary stock - there shall be substituted A.D. 1908. Sections 3, 54. 133i. 6s. 8d A Port stock and 251. B Port stock. 100?. A Port stock and 25?. B Port stock. 94?. B Port stock. 45?. B „ „ 35?. B „ „ 24?. 10s. B Port stock. (2) Immediately after the appointed day every holder of debenture or other stock in any dock company shall deliver up to the company the certificates of the stock held by him to be cancelled, and on such delivery the directors of the company shall issue or cause to be issued to each such stockholder in substitution for the stock of the company so held by him the amount of Port stock to which he is entitled under the foregoing scales : Provided that the directors shall dispense with such delivery of a certificate if the loss or destruction thereof is proved to the reasonable satisfaction of the directors. , ,, . « ii (3) The transfer books of the several dock companies shall be tinaUy closed on such date previous to the issue of Port stock in substitution for E 61 [Oh. 68.] P(n't of London Act, 1908. [8 Edw. 7.] A.D. 1908. the existing stocks of any such company as the directors of the company may determine, and notice of such closing shall be given by the com- pany to the secretary of the London Stock Exchange, and also by advertisement in two London daily newspapers thirty days before the date on which such transfer books are to be closed, and after the date of closing such transfer books the company may refuse to register any transfer of any of the company's stocks. (4) The Port Authority shall, if so required by a dock company, before the Port stock to be issued as consideration for the undertaking of the company is issued to the company, instead of issuing to the company the whole of the Port stock to be so issued to it, issue the Port stock to such amounts and to such persons as the company may require, and the issue of Port stock in accordance with such requirements shall, to that extent, discharge the Port Authority of their liability to issue Port stock to the company. (5) Any money paid to a dock company by the Port Authority under the provisions of this Act shall be applied by the directors towards the payment and discharge of any liability which, under this Act, is to continue as a liability of the company, or is not otherwise provided for, and, subject thereto, shall be distributed amongst the various stock- holders of the company in like manner as if it were profits available for immediate distribution as dividend, notwithstanding anything in any special Act relating to the company prescribing the date at which and the period in respect of which dividends on any particular classes of stock of the company may be distributed : Provided that if authorised so to do by a special resolution of the company, the directors may pay thereout any sum in consideration ,of loss of office, or in recognition of any services rendered to the company. (6) Where a dock company is unable after diligent inquiry to find the person to whom any Port stock is issuable or money payable under this schedule, or where any stock is issuable or money is payable to a person who, or whose committee cannot give an effectual receipt for the same, che company may transfer the stock or pay the money, as nearly as may be, in manner provided for payment of money into court by any Act for the time being in force for the relief of trustees, and such Act shall apply with all necessary modifications to such stock and money. (7) When all Port stock issuable to a dock company has been distributed or paid into court as aforesaid and all such money has been applied and distributed as aforesaid, the company may apply to the Board of Trade, which, if satisfied that the said conditions have been complied with, shall give a certificate to that eflFeot, and upon publication of such certificate in the London Gazette the company shall be dissolved. (8) The rights conferred by this Act on the holders of the various classes of stocks of a dock company shall be in substitution for the rights conferred on them in the event of the winding-up of the company under the enactments relating to the company. 62 [8 Edw. 7.] Port of London Act, 1908. [Oh. 68.J THIRD SCHEDULE. a.d. 1908. Section 8. Provisions as to Appointment op Conservators. (1) The Conservators shall be appointed as follows : — By the Board of Trade - - - - 4 By the Port Authority - - - 1 By the Metropolitan Water Board - - 2 By the London County Council - - 3 By the Corporation .... 2 By the Gloucestershire and Wiltshire County Councils - 1 By the Oxfordshire County Council - - - 1 •* By the Berkshire County Council - - I By the Buckinghamshire County Council - 1 By the Surrey County Council - - - 1 By the Middlesex County Council - - - ] By the Hertfordshire County Council - - 1 By the Council of the City of Oxford - - - 1 By the Council of the Borough of Reading . - - 1 By the Council of the Borough of Kingston-upon-Thames 1 By the Councils of the Borough of Windsor and the Urban District of Eton - - - - 1 By the Council of the Borough of Henley -upon-Thames 1 By the Councils of the Borough of Maidenhead and the Urban District of Marlow - - - - 1 By the Councils of the Boroughs of Abingdon and Wallingford - - - - - - 1 By the Councils of the Urban Districts of Egham, Staines, Chertsey, Weybridge, Walton, and Sunbury - - 1 B^ the Councils of the Urban Districts of East and West Molesey, Esher and the Dittons, Surbiton, Hampton, Hampton Wick, and Teddington - - - 1 (2) The mode of appointment and qualification of a Conservator appointed by two or more councils, other than the Gloucestershire and Wiltshire County Councils, shall be such as may be prescribed by regula- tions made by the Board of Trade. (3) Two of the members appointed by the Board of Trade shall be appointed by the Board after consultation with such persons and associations concerned in the use of the river as a place of recreation as the Board may think fit and of the remaining two one shall be appointed by the Board after consultation with such persons and associations concerned in the use of the river for the purpose of barge traffic as the Board may think fit. E 2 63 [Oh. 68.] Fort of London Act, 1908. [8 Edw. 7.j A.D. 1908. FOURTH SCHEDULE. Section 33, Provisions as to Provisional Orders. (1) The Board of Trade shall not make any Provisional Order under this Act unless public notice of the purport of the proposed Order has been previously given by advertisement in two successive weeks in some London newspaper. (2) Before making any such Provisional Order, the Board of Trade shall consider any objections which may be made thereto by any persons affected thereby, and in cases where the subject matter is one to which, an inquiry is applicable, shall cause to be made an inquiry, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections. (3) A Provisional Order may contain any incidental, consequential, or supplemental provisions which may appear to be necessary or proper for the purposes of the Order. (4) The Board of Trade may submit to Parliament for confirmation any Provisional Order made by them in pursuance of this Act, but any such Order shall be of no force whatever unless and until it is confirmed by Parliament. (5) If while the Bill confirming any such Order is pending in either House of Parliament, a petition is presented against any Order comprised therein, the Bill, so far as it relates to such Order, may be referred ft) a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of private Bills. (6) Any Act confirming any Provisional Order made in pursuance of this Act, may be repealed, altered, or amended by any Provisional Order made by the Board of Trade and confirmed by Parliament. (7) The Board of Trade may revoke, either wholly or partially, any Provisional Order made by them before the Order is confirmed by Parlia- ment but such revocation shall not be made whilst the Bill "'confirming the Order is pending in either House of Parliament. (8) The making of a Provisional Order shall be prim^ facie evidence that all the requirements of this Act in. respect of proceedings required to be taken previously to the making of such Provisional Order have been complied with. 64 [8 Edw. v.] Tort of London Act, 1908, FIFTH SCHEDULE. [Ch. 68.] Dbsceiption op Limits of the Port op London. The limits of the Port of London shall commence at an imaginary straight line (in this Act referred to as the landward limit of the port of London) drawn from high- water mark on the bank of the River Thames at the boundary line between the parishes of Teddington and Twickenham in the county of Middlesex to high-water mark on the Surrey bank of the river immediately opposite the first-mentioned point, and extend down both sides of the River Thames to an imaginary straight line (in this Act referred to as the seaward limit of the port of London) drawn from the pilot mark at the entrance of Havengore Creek, in the county of Essex, to the Land's End at Warden Point, in the Isle of Sheppey, in the county of Kent, and shall include all islands, rivers, streams, creeks, waters, watercourses, channels, hajbours, docks, and places within the before-mentioned limits contained, and all places which under any Act of Parliament are to be deemed to be witliin the port of London, but shall not include any part of the River Medway above the seaward limit of the jurisdiction of the conservators of the River Medway, or any part of the River Swale, or any part of the River Lee or Bow Creek within the jurisdiction of tlie Lee Conservancy Board, or any part of the Grand Junction Canal. AD. 1908. Section 49. SIXTH SCHEDULE. Section SO. B/EFEAIiS. Session and Chapter. 22 & 23 Vict, c. cxxxiii. Short Title. Extent of Bepeal. The Watermen's and Lightermen's Amendment Act, 1859. Sections four to seven ; Section twenty-four ; Section twenty-five from "subject to this proviso " to the end of the section ; In section twenty-seven the words " to be named by the Conservators of the Kiver Thames"; Sections twenty-nine to forty-oae ; In section fifty-two the words " subject to an appeal to the Conservators of the River Thames " ; In section fifty-four the words " a freeman '' where they first occur, and the words " or an apprentice qualified according to this Act to a freeman or to the widow of a freeman of the said Company " ; Sections sixty-one to sixty-three ; In section sixty-four the words from " and subject to an appeal" to "of the said court " ; Section sixty-eight ; 66 [Oh. 68.] Port of London Act, 1908. [8 Edw. 7.J A.D. 1908. Session and Chapter. Short Title. 22 & 23 Vict. c. cxxxiii. — cont. 56 & 57 Vict, c. Ixxxi. 57 & 58 Vict, c. clxxxvii. The Thames Water- men's and Lighter- men's Act, 1893. The Thames Con- servancy Act, 1894, Extent of Bepeal. 66 In section seventy-one the words " with the sanction of the Conservators of the River Thames " ; the words '• and with the like sanction " ; and from " Provided always^" to the end of the section. In section eighty the words from " or with any of the byelaws " to " Conservancy of the Eiver Thames," and from " Provided always " to the end of the section ; Sections eighty-one to eighty-three ; In section eighty-four the words " to work, "row, or navigate any barge, lighter, " boat, or other vessel, or " ; Section eighty-six; Section eighty-seven ; In section eighty-eight the words " freeman, apprentice, or " ; Section eighty-nine ; In section ninety the words "at their Hall," and the words " and shall be paid " and distributed to the poor, aged, and " decayed freemen of the said company " and their widows," and the words " Master, wardens, or assistants " when- ever they occur ; Sections ninety-one to ninety-three ; Sections ninety-eight, one hundred, one hundred and one, and one hundred and three. In section three the definitions of " craft " and " boat " ; , In section sixteen the words " in a summary manner " and " in the place where is the principal waterside place of business of such owner." ., - -- - Section twenty-two ; Section twenty-nine from "And all the provisions " to the end of the section ; In section thirty the words " unless other- wise by this Act directed " ; Sections thirty-three, thirty-six, and thirty- In section three the definition of the Port of .London; Sections six to nine and aleven to twenty- seven. In subsection (I) of section twenty-eight, paragraphs (a^ (b), (f), and (g), and in paragraph (e) the word "county," and in paragraph (a) of subsection (2) of the same section the words "a member of the Trinity House or a member of the Common Council or," the word " county," where it Secondly occurs, and the words " or a member of the board of directors or other governing body of a company or other body corporate." [8 Edw. 7.] :Bort of London Act, 1908. [Ch. 68.] Session and Chapter. 57 & 58 Vict, e. clxxxvii. — corit. Short Title. Extent of Kepeal. A.D. 1908. In section twenty-nine, subsection (2), from "in the case of a vacancy" to "in all other cases," subsection (3), subsection (5) from "or elected" to the end of the subsection, and subsection (6). In section thirty, the words " the Ad- miralty," "the Trinity House," "the Common Council," wherever they occur, " county," where it secondly and fourthly occurs, " or the metropolitan water com- panies or elected by the shipowners," and " or elected," and from " And provided that a conservator " to the end of the section. In section thirty-one, the words " or re- elected." In section thirty-two, the words "by the Admiralty or," "or by the Trinity House, or by the Common Council " " county," where it secondly and fovu-thly occurs, "by the Secretary to the Admi- ralty or," and "or by the Secretary of the Trinity House, or by the town clerk of the City of London." In section eighty-three the proviso to subsectiou (1). Section one hundred and thirty-four ; In section one hundred and fifty-five, the words " All vessels for passengers only." In section one hundred and ninety-one, the words " For regulating the mode of " conducting elections of conservators " under this Act." Sections two hundred and forty, two hundred and forty-two, and two hundred and forty-three, subsection (1) of section two hundred and fifty-three, subsection (1) of section two hundred and fifty- nine, subsection (1) of section two hundred and eighty-six, and subsection (1) of section two hundred and eighty- seven; and in subsection (2) of the last- mentioned section paragraph (a) and i" paragraph (b) the words " one fourth of". In section three hundred and two the words '' and shall be entered into, executed at Waterman's Hall." Section three hundred and three, from " and in case," to the end of the section. In section three hundred and four, the words " and subject to the like appeal." Section three hundred and six. In section three hundred and seven the words " being a freeman of the com- pany or ", " as the case may be ", and " admitted a freeman of the company or' 67 [Oh. 68.] Port of London Act, 1908. [8 Edw. 7.J A.D. 1908, Session and Chapter. 57 & S8 Vict, c. clxxxvii. — cont. 2 Edw. 7. c. 41. 5 Edw. 7. c. cxcviii. Short Title. Bxtent of Bepeal. The Metropolis Water Act, 1902. The Thames Conser- vancy Act, 1905. Section three hundred and nine. Section three hundred and ten. Section three hundred and twelve. The Second Schedule ; The Third Schedule. In the Third Schedule the paragraph numbered 5. Section four. In section seven the words " For a period " of three years from the first day of « January 1906." Section 60. SEVENTH SCHEDULE. Ofpicers entitled to Special Terms. In respect of the following officers there shall be added to the number of years during which they have respectively actually served such number of years not exceeding twenty as the Port Authority, or on appeal, the Treasury, may think just ; but the number of years so added in the case of any such officer shall not be less than will be sufficient to secure to the officer compensation or a superannuation allowance equal to one-half of the total annual emoluments which he is entitled to receive from the Port Authority at the date when his office is abolished or relinquished by him or his services are dispensed with under the provisions of this Act, or when he becomes entitled to a superannuation allowance on retirement or otherwise, as the case may be: — Kobert Philipson, secretary of the Conservators : William Berrell, assistant engineer of the Conservators: James Stranach Gaskell, chief engineer of the Surrey Commercial Dock Company : Gilbert William Wheeler, assistant secretary of the Surrey Commercial Dock Company : Walter Seth Tasker Biggs, secretary and joint manager of the Millwall Dock Company : George Hazlehurst, superintendent and joint manager of the Millwall Dock Company: Louis Stephen White, clerk to the \V^atermen's Company : 68 [8 Edw. 7.] Fort of London Act, 1908. [Oh. 68.] Provided that— A.D. 1908. (a) In the case of the said James Strarach Gaskell and Gilbert William Wheeler the number of years to be added if they so elect shall in lieu of such number as aforesaid be the number of years added for the purposes of pension, under resolutions passed by the Surrey Commercial Dock Company, dated the twenty-third day of AprU one thousand nine hundred and three, and the twenty -sixth day of March one thousand nine hundred and eight respectively; and {b) In the case of the said Walter Seth Tasker Biggs the emoluments to which he was entitled at the date of the introduction of the BiU for this Act as secretary of the Millwall Dock Equipment Company shall, in the event of that Company being wound up on the redemption and payment off of its stocks by the Port Authority, be treated for the purposes of compensation and pension as part of the emoluments of his office under the Millwall Dock Company. An appeal to the Treasury under this schedule shall not be made after the expiration of three months from the decision of the Port Authority. EIGHTH SCHEDULE. Section eo. Part I. Indenture dated the seventeenth day of September one thousand eight hundred and ninety and made between the London and India Docks Joint Committee of the first part, Henry Willey Williams, and Edward Henry Baily of Dock House, Leadenhall Street, London, joint managers of the London and India Docks Joint Committee, and others of the second part, and Rodolph Alexander Hankey of No. 7, Mincing Lane, and others of the third part. Official Circular issued bj'^ order of the directors of the London and India Docks Company and dated the fifteenth day of June one thousand nine hundred and seven relating to an improved scheme of grants payable at the death of officers and servants of that Company while in active service or after retirement on pension. Part II. (1) Indenture dated the fifteenth day of August one thousand eight hundred and ninety (being the original superannuation deed of the Surrey Commercial Dock Company) : (2) Indenture dated the tenth day of December one thousand eight hundred and ninety-one : P 69 [Ch. 68,] Fort of London Act, 1908. [8 Edw. 7.J A.D. 1908. (3) Indenture dated the first day of December one thousand eight hundred and ninety-two : (4) Indenture dated the thirtieth day of April one thousand eight hundred and ninety- six : (5) Indenture dated the eleventh day of February one thousand' eight hundred and ninety-seven : (6) Indenture dated the seventh day of August one thousand nine hundred and three (the five last- mentioned Indentures being all supplemental to the first-mentioned Indenture) : (7) Another Indenture dated the seventh day of August one thousand nine' hundred and three (being the new superannuation deed of the Surrey Commercial Dock Company) : (8) Indenture dated the eighteenth day of June one thousand nine hundred and eight supplemental to the last-mentioned Indenture. Printed by Etee and Spottiswoode, Ltd., Rowland Bailet, Esq., M.V.O., the King's Printer of Acts of Parliament. And to be purchased, either directly or through any Boolcseller, from WTMAN AND SONS, Ltd., Fetiek LAirE, E.G. ; or OLIVER AND BOYD, Twebddale Couet, Kdinbqr&h ; or E. PONSONBY, 116, Gkaeton Stkeei, Dubiin. li' '^'•:-i --^ '^^^ ^:>^f ■■