Kent County Council Minutes
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connect with libraries & Archives Kent County Council Minutes Held by Kent Libraries & Archives Archive Finding number: CC/M/1 /10 Volume covering dates: Nov 1910-Jan 1912 © Copyright Kent County Council. All rights reserved. Digital copy produced March 2011 Libraries & Archives The Gmernment Standard ^ ^,.^. .,....^,... .. 1& 2 GEORCxE V.-SESSION 1911. UPPER MEDWAY10 GONSERYANCY. ARRANGEMENT OF SECTIONS. SECTION Preamble. PART L-PRELIMINARY. Short title. ... Incorporation of Acts ,.. Division of Act into Parts Interpretation ... .,, Application of Act ,,. PART II.--INCORPORATION &c. OF CONSERVANCY BOARD. Incorporation of Conservancy Board ,.. Constitution of Board ... ,.. ... ... First appointed Conservators ,., Retirement of appointed Conservators ... Appointment of appointed Conservators First elected Conservators... ,,, Provisions as to election of elected Conservators ... .., ... Vacancies in office of Conservators to be filled up ... ... ... No person to be a Conservator on behalf of more than one body ... Appointed Conservator to cease to be such when no longer a member of council ... ,,, ... , , 15 No bankrupt to be a Conservator ... ... ... ... 16 A fit office to be provided for meetings of Conservators ... ... 17 First meeting of Conservators ... ... 1g Annual meeting of Conservators ... ... ... ... 19 Periodical meetings to be held .., ,, 20 Meetings of Conservators to be styled conservancy meetings ... ... 21 No extraordinary business at periodical meetings unless notice be given ... 22 A SECTION Special meeting of Conservators .. ... ... ... 23 How notices of meetings of the Conservators to be given ... ... 24 Conservators to provide daily attendance at an office ... 25 Committees may be appointed .. ... ... ... 26 Mode of proceeding of committees ... ... ... ... 27 No resolution of the Conservators to be revoked at a subsequent meeting unless under certain circumstances ... ,,, ... 28 Acts of the Conservators not to be invalidated by reason of vacancies ... 29 Proceedings to be entered in a book and to be evidence ... ... 30 Paymeut of travelling expenses of Conservators ... ... ... 31 PART III.-TRANSFER OF UNDERTAKING OF THE COMPANY TO THE CONSERVATORS. Transfer of undertaking of Company to Conservators ... ... 32 Effect of transfer ... ... •„ ... •:• 33 Receipt for purchase-money ... .. •.. 31 Company to pay outgoings and be entitled to receipts until date of transfer 35 Maintenance until transfer ... ... ... 36 Company's debts to be paid by the Company ... ... ... 37 Pending actions &c. ... 38 Contracts to be binding on Conservators ... ... ... 39 Books &c. to remain evideuce ... 40 Purposes for which Company to continue incorporated. Winding up of Company ... ... 41 Scheme for distribution of money ... ... ... 42 Repeal of Acts of Company ... ... ... .., 43 PART IV.-WORKS LANDS &c. Power to make works ... 44 Power to deviate ... ... ... •., •,- 45 Power to divert waters • ••- 46 Power to close Upper Medway "' "• ... 47 Power to reconstruct &c. locks &c.-General powers as to works for navigation , , ... ... ... Raising &c. of bridges . .. .•• 48 ... ... ... 49 Acquisition of lands for locks &c. .., ... :.. b0 Period for completion of works •-. 51 Protection of gas and water mains of local authorities ••• ••• Fences and gates for towpaths •' •• 52 Conservators' powers as to dredging ballasting &c. •. ^.^ ... 54^3 k SECTION Conservators may enter on lands to survey &c. ... ... ... 55 Period for compulsory purchase of land ... ... ... 56 As to private rights of way over lands taken compulsorily ... ... 57 Power to purchase lands by agreement ... ... 58 Power to take easaments &c. by agreement &b. ... ... 59 Power to sell &c. lands ... ... •.. ••• 60 Certain powers of leasing heads of water ... ... ... 61 Conservators to maintain locks &c. ... ... ... ... 62 Humane apparatus and assistants may be provided ... ... 63 Penalties for injuries to property of Conservators &c. ... ... 64 As to vessels sunk or stranded ... ... ... ... 65 Obstruction may be removed ... ... ... 66 As to cutting trees obstructing navigation or towpaths ... ... 67 Wharfs piers and banks to be repaired... ... 68 Broken piles &c. to be removed .. ... ... ... 69 Preventing obstructions of towpaths ... ... ... ... 70 Owners of land may embank with license of Conservators ... ... 71 No erection without permission of Conservators ... ... ... 72 Conservators empowered to grant licenses for the formation of recesses or docks and dwarf wharSno ... ... ... ... 73 Conservators may grant licenses for the erection of piers and jetties ... 74 Conservators may erect landing-places ... ... ... 75 Conservators may let on lease piers or landing-places ... ... 76 PART V.-WORKS BY KENT COUNTY COUNCIL. Works by Kent County Council 77 ... iS Power to deviate ... ... ... ... 79 Period for compulsory purchase of lands ... ... ... 80 Consideration for acquisition of lands ... ... ... ... 81 Transfer to and vesting in Conservators portion of Hampstead Lane ... 82 Period for completion of works ... ... ... ... 83 Expenses of this Part of Act ... ... ... 84 PART VI.-RATES TOLLS AND CHARGES. Application of Railway and Canal Traffic Acts 1873 to 1888 and Order of 1894 ... ... ... ... ... ... 87 Lock tolls for pleasure boats ... ... 86 Conservators may take tolls from vessels using the piers ..: ... 87 Variation of tolls ,,, ... 88 iv. SECTI01Y Penalty on forcing passage not having paid toll ... .,, ... 89 Tolls at roller passes ... ... ... ... ... 90 In case tolls not paid vessels may be prevented from using pier ... 91 Enforcing the payment of tolls ... ... 92 Notice of tolls to be given .. ... ... 93 Toll collectors to put up their Christian and surnames painted. on boards in front of toll-houses ... .. ... ... 94 Penalty for counterfeiting toll tickets ... ... .., 95 If collector &c. refuse to give up toll-house justices may give possession ... 96 Conservators may sell toll-houses &c. when not wanted ... ... 97 Conservators empowered to lease the tolls ... ,,, ;.. 98 Penalty for assaulting collectors &c. ... 99 Amount of tolls to be fixed to every pier or landing-place .. ... 100 Power to enter vessels .. ... ... 101 PART VII.-FINANCE. Power to Wardens and Assistants of Rochester Btidge to contribute not exceeding f 20,000 ... ... ... 102 Power to Lower Medway Navigation Company to contribute ... .,, 103 Power to Conservators to borrow ... ,,, ,,, 104 Arrears may be enforced by appointment of a receiver „ ••• 105 Power to create debenture stock ... 106 Title of security for and redemption of debenture stock , 107 Restriction on exercise of borrowing powers after issue of debenture stock 108 Sinking fund to be provided-Application of sinking fund ... 109 Annual return to Board of Trade with respect to sinking fund ... 110 Application of money borrowed ... ... ... ... 111 Application of revenue ... ... ... ... ... 112 Reserve fund ... ,•, „ 113 Accounts to be yearly laid before Parliament ... .• 114 PART VII1.-GUARANTEES. Guarantee by the Corporation and Councils .,, Guarantee ... ... 115 by Skinners' Company ... Power to guaranteeing 116 body to repay loans of Conservators and purchase A Debenture Stock ^^^ •'• ••• 117 Power to guaranteeing body to borrow• 118 Certain regulations of Public Health Act 1875 as to borrowing not to apply 119 Mode of raising money ,,. 120 Provision as toto mortgages "' ••• ••• ... ... 121 Periods for repayment of money borrowed , ,, •.• ... 122 V. SECTION Mode of payment off of money borrowed 123 Sinking fund ... ... ... 124 Power to re-borrow ... 125 Protection of lender from inquiry ... 126 Guaranteeing body not to regard trusts 127 Return respecting sinking fund to Local Government Board 128 Appointment of receiver ... ... ... 129 PART I%.-MISCELLANEOUS. Abolishing jurisdiction over the Upper Medway ... ... ... 130 Conservators may make bye-laws for the regulation of the river ... 131 Bye-laws to be printed and sold ... ... ... ... 132 Proof of bye-laws ... ... 133 Penalties may be imposed by bye-laws ... .., ... 134 Application of penalties ... ... ... 135 Conservators may give gratuities and pay superannuation allowances ... 136 Penalty on throwing ballast out of vessels into the river ... ... 137 Penalty on throwing rubbish &c. into the river ... ... ... 138 Recovery of penalties &c. ... ... ... ... ... 139 Punishment for causing offences against Act ... ... ... 140 Service of notice on other persons ... ... ,., ,,, 141 Saving rights of Lower Company ... ... ... ... 142 Repeal of Section 15 of water Supply to gent County Gaol and Lunatic Asylum Act 1862 ... ... ... ... ... 143 Costs of Act ... ... ... .,. ... ... 144 Schedules. BILL To provide for the Constitution and Incorpo- ration of a Board of Conservators for the Preservation Maintenance and Im- provemeljt of the Upper 11Ted«Tay to acquire the Undertaking of the ATedwa,yT (Upper) Navigation Company; and for other purposes. WHEREAS by an Act of Parliament made in the sixteenth and Pre?nl:"e- seventeentl ► years of the reign of His late Majesty King Charles the Second intituled " An Act for making the river lledwa^- « navigable in the counties of Kent and Sussex " (hereinafter 5 referred to as " the Act of 1664 ") certain persons therein named were authorised to make the said river and streams running thereinto navig.ible a nd to exercise other powers in relation thereto as in the said Act provided: And whereas the powers of the Act of 1664 were not carried 10 into execution and the persons there]) v authorised to make the said river and streams navigable died and' no proper