Timaru Harbour District and Harbour Board Act 1903
Timaru Harbour District and Harbour Board Act 1903
Timaru Harbour District and Harbour Board Act 1903
Timaru Harbour District and Harbour Board Act 1903
Local Act |
1903 No 17 |
|
Date of assent |
20 November 1903 |
|
Contents
An Act to provide for certain Matters affecting the Timaru Harbour District and Harbour Board.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Timaru Harbour District and Harbour Board Act, 1903.”
2 Power to Harbour Board to make changes in allocation of contributions on changes in territorial limits or contributing authorities; also mode of levying rates.
In case of any alterations heretofore made or that may hereafter be made in the territorial limits, designation, constitution, or incorporation of, or of the local authority of, any borough, road district, town district, county, or place situated within the Timaru Harbour District, the Timaru Harbour Board (hereinafter called “the Board”
) may as from the date of any such alteration make such changes in the allocation of the contributions provided for by subsections two and four of section three and other provisions of “The Timaru Harbour Board Empowering Act, 1890,”
or any amendment thereof, or as to the mode of levying the rates which the Board is now or may hereafter be authorised by law to levy, as may be just.
3 Board may borrow money pending raising of loan, and rate of interest.
The provisions of section one hundred and ninety-six of “The Harbours Act, 1878,”
shall apply to the loan or loans authorised by and under “The Timaru Harbour Board Loan Act, 1899,”
with the additional provisions that the powers thereby conferred may be exercised by the Board or the agents for raising the loan or loans in respect of any portion or portions of the same pending the raising thereof, and that the rate of interest payable on the moneys borrowed shall not exceed five pounds per centum per annum, and that debentures hypothecated or mortgaged shall not be sold at a price that will produce a higher rate of interest.
4 Power to invest trust funds in Board’s debentures, &c.
That the provisions of section fourteen of “The Trustees Act 1883 Amendment Act, 1891,”
shall, both in respect of trusts heretofore and hereafter created, apply to all bonds, debentures, or other securities issued or to be issued by the Board, and forming the whole or any portion or portions of any loan which has been or may hereafter be raised by the Board under the authority of any Act or Acts of the General Assembly of New Zealand.
5 Power to Board to constitute sinking funds at any time.
The provisions of “The Harbours Act, 1878,”
as to sinking funds shall apply to all loans heretofore or hereafter authorised to be raised by the said Board, and the Board may at any time, and from time to time, exercise the powers thereby granted in respect of all such loans heretofore or hereafter wholly or partially raised by it. In order to provide funds for the creation of such sinking fund or funds the Board may appropriate and set apart any part of the Harbour Fund, provided that in so doing the rights of existing debenture-holders are not prejudicially affected.
6 Exchange of certain lands with Railway Department.
Whereas it had been agreed between the Minister for Railways and the Board to exchange certain lands as hereinafter mentioned, and it is desirable to give effect to such agreement: Be it therefore enacted as follows:—
(a.)
The Governor may grant in fee-simple to the Board the land, containing about one rood twenty-two perches, lying on the seaward side of the main line of railway between one hundred and five miles fifty-two chains and one hundred and five miles fifty-seven chains fifty links, and lying to the north of the main wharf and to the south of the Moody Wharf, and bounded on the east side by the harbour, and as shown coloured pink on Plan No. 11953 in the office of the Government Railways Department, Wellington.
(b.)
On the issue of the certificate of title under the last preceding paragraph, the piece of land measuring two hundred and thirty links long by twenty links wide at the north end and thirty links wide at the south end, containing about nine perches, belonging to the Board, situated on the east side of the railway and between points marked one hundred and five miles forty-two chains eighty-five links and one hundred and five miles forty-five chains ten links, the eastern or seaward boundary being fifty links from the centre line of the said railway, shall vest in His Majesty, freed and discharged from any trusts upon which the same may be held.
7 Act to be deemed to be a special Act.
This Act shall be deemed to be a special Act within the meaning of “The Harbours Act, 1878,”
and all the provisions of that Act as amended and of the special Acts relating to the said Board shall apply to this Act, except so far as such provisions may be repugnant to or inconsistent with this Act, and to that extent they shall be deemed to be modified.