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An Act for dividing Trinity Church, in Kingston vpon Hull, from Hassle.

I. WHEREAS heretofore the Trinity Church of the Towne of Kingstonvpon-Hull, in the county of the same Towne, hathe beene held as parcell and annexed to the viccarridge of Hassle, and soe called and stiled the Viccarridge of Hassle cum Hull, which by reason of the distance of the church there and populousnesse of the said Towne of Kingston vpon Hull, hathe beene and is very inconvenient.

II. And whereas it is thought fitting and necessary, for the better accommodation and conveniency of the severall inhabitants of Hassle and Kingston vpon Hull, that the same bee made distinct and several viccarridges, and that the said Towne of Kingston vpon Hull have a Viccar distinct of itselfe and divided, and the viccarridge thereof bee a distinct and separate viccarridge from the viccarridge of Hassle, otherwise called Hassle cum Hull, and that a distinct maintenance bee sett apart and provided for an able minister for the said towne of Kingston vpon Hull, as is hereafter expressed.

III. Bee it enacted by the King's most excellent Maiesty, by and with the advice and assent of the Lords Spirituall and Temporall and Comons, in this present Parliament assembled and by the authority thereof, that the said Towne of Kingston vpon Hull and Church or Chappell there, comonly called or knowne by the name of Trinity Church in Kingston vpon Hull bee divided, separated, and exempted from the said viccarridge of Hassle, and from all dependencies, offices, and charges in respect thereof, and from the Cure of the Viccar of the said Parish of Hassle and their respective Successors, and shall for ever hereafter bee and remaine discharged of Tythes, Oblations, Obventions, portions of Tythes, Mortuaries, Easter Bookes, and other parochiall duties and demands of that nature what soever of the Viccar and Viccars of the said parish of Hassle, heretofore called Hassle cum Hull, and their successors.

A

Recital that Trinity Church was heretofore parcel of the Vicarage of

Hessle.

That it is necessary to make them separate Vicarages.

Town of Kingston-upon-Hull and Trinity Church divided from Hessle.

Discharged of
Tythe, parochial
Duties, &c.

13 Car. II.

c. 2.

Trinity Church to be a Parish Church.

Mayor and Alder

men of Hull to

Nominate Vicar,
To be approved
by the King,
And presented

to the Arch-
bishop of York.

Vicar to be incorporate.

Vicar to have
Vicarage House.

And all Lands &c. And all Tythes, parochial Duties

&c.

Vicar's Salary to be raised by a Rate.

To be levied by Distress and Sale or Action.

IV. And bee it further enacted, That the said Church or Chappell, now being in the said Towne of Kingston vpon Hull, and comonly called or knowne by the name of the Church of the holy and individed Trinity, or Trinity Church in Kingston vpon Hull, formerly belonging to the said Viccarridge of Hassle, shall bee a Parish Church of itselfe, distinct and separate from Hassle, for the inhabitants within the limitts and precincts of the said Trinity Church, and that the Maior and Aldermen of the saide Towne of Kingston vpon Hull for the tyme being, or the maior part of them shall and may from tyme to tyme nominate some fitt person to bee Viccar of the said Church, to bee approved of by the King's Maiesty, his heirs and successors vnder his or their signe manuall, and after such nomination and approbation as aforesaid, to bee presented by the said Maior and Aldermen, or the maior part of them, vnder the comon seale of the Corporacon of the saide Towne of Kingston vpon Hull, together with His Maiesties said approbation to the Archbisshop of Yorke, in order to his institution and induction as often as the same shall become void, and the Viccar of the said Church and his successors shal bee incorporate, and shall have capacitie and succession by the name of the Viccar of the Parish Church of the holy and individed Trinity of Kingston vpon Hull, and shall have the cure of the soules of the inhabitants within the said limitt and precinct distinct from the Parish and Viccar of Hassle, and the same shall hold and enioy to him and his lawfull successors for ever.

V. And the said Viccar and his successors shall have all that Messuage, or Tenement, in Kingston vpon Hull aforesaid, comonly called or knowne by the name of the Viccarridge Howse, with the Yards, Gardens, and Appurtenances thereunto belonging, late in the tenure or occupation of William Styles, Clerke, sometimes Viccar there, and all Howses, Lands and Tenements in Kingston vpon Hull, late belonging to the said Viccar of Hassle cum Hull, and shall for ever hereafter have and receive all Tythes, Oblations, Obventions, portions of Tythes, Mortuaries, Easter Bookes, and other Parochiall and Legall Duties and demands of that nature whatsoever, late belonging to the Viccar of Hassle cum Hull, in the said Towne of Kingstonvpon Hull.

VI. And for the better maintenance of the said Viccar, Bee it further enacted by the authoritye aforesaid, That the yearely sume of One Hundred Pounds over and above the value of the Howse and Gardens and other particulars before mentioned shal bee from henceforth charged vpon the Howses, Lands and Tenements, of the Inhabitants of the said parish or precinct belonging to Trinity Church aforesaid, lying and being within the said Parish or Precinct in manner and forme following, (viz.) the Maior and Aldermen of the Burrough or Towne of Kingston vpon Hull for the tyme being or any foure of them shall from tyme to tyme, yearely, within ten dayes next after the Feast of St. Martin the Bishop, in winter, send out their warrants to such eighteene inhabitants of the said Burrough or Towne as they shall thinke fitt, to assesse and rate every inhabitant within the said parish or precinct, (not exceeding the sume of eightpence) vpon every twenty shilling rent, according to the rate of the Howse, Lands, and Tenements that any person dwelleth in, vseth, and imployeth, in the said parish or precinct which said sumes soe assessed, being confirmed and allowed by the said Maior and Aldermen, or any foure of them, shal bee collected by such person or persons as the said Maior and Aldermen, or any foure of them shall from tyme to tyme nominate and appoint to collect the same at two vsual Feasts in the yeare, (viz.) At the feast of the Nativity of our Lord God, and the Feast of St. John Baptist, the first collection to begin as aforesaid, at or after the Feast of the Nativity of our Lord God.

VII. And bee it further enacted, That if the said severall sumes soe charged as aforesaid, bee not paid in manner aforesaid vpon demand thereof, that then the said Maior and Aldermen, or any six of them shall or may from tyme to tyme authorize any person or persons to leavy the same by distresse and sale of the goods of such persons as shal bee soe in arreare, reterning the overplus to the owner, or else recover the same in an accon of debt, to bee brought in any of His Maiesties Courts of Record at Westminster, or before the Maior and Sheriffe of the said Towne of Kingston vpon Hull, wherein no wager of law shalbee allowed to the defendant.

VIII. And it is further enacted, That such person or persons as shall collect the same, shall out of the money soe by them received, pay vnto the said Viccar for the tyme being and his successors, the yearely sume of One Hundred Pounds, the said sume to bee payd to the said Viccar for the tyme being by equall portions, at the two vsuall feasts aforesaid, or within twenty dayes after.

23 Geo. III.

c. 55.

Collectors to pay

£100 per annum to the Vicar.

IX. And if it shall happen that the said sume of One Hundred Pounds shall not bee rated, collected and payd according as is before in this Act If not paid directed and provided, Bee it further enacted by the authority aforesaid, To be recovered That it shall and may bee lawfull to and for the said Viccar and his successors by Action, to recover the said sume of One Hundred Pounds vpon the publique revenues belonging to the said Towne of Kingston vpon Hull by an accon of debt, to bee brought in any of His Maiesties Courts of Record, wherein noe wager of law shall bee allowed to the defendants, and moreover the Maior and Aldermen of Kingston vpon Hull shall thenceforth forfeite vnto the King's Maiesty, his heires and successors, their right of nomination of the Viccar to the parish or precincts aforesaid.

X. And bee it enacted by the authority aforesaid, That on every Monday in Easter weeke there shall bee two Churchwardens elected and named for the said parish, one of them by the Viccar for the tyme being, and the other by the Inhabitants or Housholders of the said parish, or the greater number of them, which shall bee present at such election.

XI. And bee it further enacted, That all tenths and first fruites heretofore payable out of the said Viccarridge of Hassle cum Hull, together with all duties and payments belonging to the Archbp of Yorke and all other ecclesiasticall persons, shalbee equally divided, and the one moyetie thereof charged and payable by the Viccar of Hassle, and the other moyetie by the Churchwardens of the said parish and not otherwise, any law, statute, or vsage to the contrary, in anywise notwithstanding, provided that neither this Act nor any thing therein contained shall extend to take away any right, title, jurisdiction, or authority of the Ordinary of the Diocess and his successors, but that hee and they may proceede in manner and forme as formerly they did or might have done any thing in this Act to the contrary notwithstanding.

XII. And bee it lastly enacted by the authority aforesaid, That Trinity Church in Kingston vpon Hull aforesaid, and the Chancell of the same shall from tyme to tyme bee well and duly repaired at the charges of the Inhabitants of the said parish or precinct as oft as need shall require, any former custom or vsage to the contrary in anywise notwithstanding.

And Mayor and Aldermen forfeit their right of presentation.

Two Churchwardens to be elected,

Tenths and first Fruits to be paid equally between the Vicars of

Hessle and Hull.

Trinity Church and Chancel to be repaired by the Inhabitants.

CLASS II.

BURIAL GROUND FOR HOLY TRINITY.

23 Geo. III. Cap. 55.

1783.

An Act for Building a New Gaol for the Town and County of the Town of Kingston-upon-Hull; for purchasing an additional Burial Ground for the use of the Parish of the Holy Trinity, in the said Town; for regulating the Fares of Hackney Coachmen, Chairmen, and Porters, and the Prices of Carriage of Goods; for altering the time of lighting Lamps; for ascertaining the breadth of Party Walls, and for preventing certain nuisances within the said Town, Liberties, and Precincts thereof; for amending an Act of the fourteenth year of the reign of his present Majesty, "for making and

23 Geo. III. c. 55.

Recital that the

Burial Ground of the Holy Trinity is too small.

And that the

Parishioners had agreed to apply to Parliament.

Vicar and
Church wardens

of Trinity Parish
empowered to
purchase Ground
for a Burial
Ground.

Incapacitated Persons empowered to sell;

In case of Refusal to treat or agree, to be settled by a Jury.

Power to raise Money for the Burial Ground by Assessments upon the Parish.

establishing Public Quays or Wharfs at Kingston-upon-Hull," in respect to such as are or may be built opposite to certain staiths in the said Act described; and for other purposes.

V. AND whereas the present Cemetery or Burial Ground belonging to the parish of the Holy Trinity, in the said town of Kingston-upon-Hull, is too small for the extent of the said parish.

XVIII. And whereas the population of the parish of the Holy Trinity, in the Town and County of the town of Kingston-upon-Hull, hath for many years greatly increased, and the inhabitants of the said parish are become so numerous that the Church Yard and Burial Places belonging to the same are not now sufficiently large to contain the bodies of those who die in the said parish, and are required to be buried therein, without much inconvenience and annoyance to the inhabitants.

XIX. And whereas, at the General Meeting of the inhabitants and parishioners of the said parish, on two several days, pursuant to notice for that purpose given in the Church of the said parish, it was agreed and resolved, that an application should be made to Parliament, to enable the parishioners of the said parish to purchase a piece of ground, for an additional burial ground for the use of the said parish, and to raise money for that purpose.

XX. Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for the Vicar and Churchwardens of the said parish for the time being, and the trustees hereinafter appointed, or for any seven or more of them, whereof the Vicar for the time being shall be one, and they are hereby enabled and empowered to purchase, in the names of the Vicar and Churchwardens of the said parish (who are hereby enabled to accept and take a conveyance thereof to them and their successors) any piece or parcel of ground lying in or near the said parish, not containing less than Two Acres, and not exceeding Three Acres, in order to be consecrated; and the same ground, when purchased, to inclose with a brick wall or other fence, and to build a convenient room therein for the use and accommodation of the minister and officers officiating in the burial of the dead, and to do all other things necessary and proper for making such ground so purchased fit and convenient for the burial of the dead, in such manner as the said Vicar and Churchwardens and the said Trustees, or any seven or more of them, shall judge most convenient; and that from and after such purchase the same ground shall for ever be appropriated, used and employed, for the purpose of burying the bodies of such persons as shall die in the said parish, or shall be thought proper and required to be buried therein, and for no other purpose whatsoever.

XXI. Provided always, and it is hereby enacted and declared, That it shall be lawful for all bodies politic, corporate, or collegiate, corporations aggregate or sole, and all feoffees in trust, executors, administrators, guardians, and other trustees whatsoever, and for all femes covert, and other persons whatsoever, seised, possessed of, or interested in any houses, edifices, tenements, or ground, to sell and convey the same; and in case of their refusal, or being prevented or declining to treat and agree, or to sell or convey the premises as aforesaid, or not making out a clear title to the same, that a jury shall be summoned, upon notice in writing to be given by seven or more of the same trustees, to two or more of the justices for the said Town and County; and all proceedings had thereupon, in like manner and form, and under the like provisions and regulations,* in case the parties, or any of them, shall refuse to treat or agree concerning the premises, and in all other matters relating thereto, as are herein above enacted and declared with respect to the lands, tenements, or hereditaments to be purchased for the purpose of building a new Gaol; to the end that such premises, and a clear and perfect title to the same, and the full possession thereof, may be made, and vested in the said trustees to be named and appointed to take the same, for the purposes hereinabove for that purpose mentioned.

XXII. And for the raising a competent sum of money, not exceeding in the whole One Thousand Five Hundred Pounds, to pay for the purchase of such ground, for an additional burial ground for the said parish, and for making the same fit and commodious for the purposes aforesaid, and for all

For these provisions and regulations, see Gaol Act, post.

other purposes attending the same, and for defraying the necessary charges and expences thereof, and also the expences to be paid by the said Vicar and Churchwardens, and the said Trustees for the obtaining, passing, and executing this Act; Be it further enacted by the authority aforesaid, That from and after the passing of this Act, it shall be lawful for the said Trustees hereinafter named, or any seven or more of them, being Inhabitants of the said parish (of whom the Vicar and one of the Churchwardens of the said parish shall be two) to make such several assessments as shall be judged expedient, on all the occupiers of houses, lands, tenements, and hereditaments within the said parish of the Holy Trinity; to be settled, regulated, ascertained, and proportioned by the assessment made for the relief and support of the poor of the said parish, in the year preceding every assessment to be made by virtue of this Act for the purposes last mentioned; and which rates and assessments hereby directed to be made, shall not in any one year exceed two shillings in the pound, and shall be allowed and signed by two or more of the justices of the peace for the town of Kingston-upon-Hull; and after such rates and assessments are so made and confirmed, the said Trustees, or any seven or more of them, for the time being, shall have full power, and they are hereby authorised and required, to cause the same to be collected and paid, and to appoint eight or more persons, being substantial inhabitants of the said parish of the Holy Trinity, not being of the people called Quakers, to collect the same.

XXIII. Provided always, and be it further enacted, That in case by the insolvency of any collector or other person to be appointed by virtue of this Act, or by any other means whatever, any loss or deficiency shall happen of or in the money to be raised by any such assessment as last mentioned, it shall be lawful for the said trustees, or any seven or more of them, from time to time, to make a new assessment or assessments, in like manner as is herein before for that purpose directed, in order to supply and make good every such loss or deficiency which shall so happen, and for defraying the necessary expences attending the same, so as no such assessment shall exceed sixpence in the pound in any one year, for making good such deficiency.

23 Geo. III.

c' 55.

In case of Loss or Deficiency, how be made good. the Money shall

XXIV. And to the end that all monies which shall arise and be collected by any such assessment or assessments as shall be made for the purposes last mentioned by virtue of this Act, may be duly paid, and faithfully applied to answer, satisfy, and discharge such sums of money as shall be necessary for the purchase of such ground for an additional Burial Ground for the said parish, and inclosing and making the same fit and commodious for the interment of the dead therein, and erecting such building as aforesaid, and all such other charges incident thereto or attending the same, and as are to be paid by the said Vicar and Churchwardens, and the last-mentioned trustees for the obtaining, passing, and executing this Act, and such money as may be advanced and lent (if any) upon the credit of this Act, for the purposes aforesaid, Be it further enacted by the authority aforesaid, Trustees for the That the Mayor, Recorder, and Aldermen of the Town or Borough of Burial Ground: Kingston-upon-Hull for the time being, the Vicar and Churchwardens of the said parish of the Holy Trinity for the time being, Isaac Broadley, Esquire, Thomas Wasney, William Sparks, John Horner, Simon Horner, John Shipman, Christopher Thorley, John Harneis, John Boyes, John Boyes the younger, Benjamin Metcalfe the younger, William Richmond, John Huntington, Josiah Prickett, Joel Foster, Thomas Outram, Francis Hall, Thomas Jackson, John Bromby, John Hill, William Jolliffe, Joseph Godmond, Jonathan Garton, Edward Codd, Robert Schons war, Edward Johnson, Thomas Whitehead, John Simpson, Henry Coates, John Carrick, Thomas Mulcaster, George Wardale, John Hugh, Richard Rennards, William Rye, Robert Gylby, John Robinson, Timothy Hastings, Joseph Chapman, and Samuel Hall, shall be, and they are hereby appointed Trustees for putting this Act into execution with respect to the said Burial Ground, and the several matters herein mentioned relating thereto; and Their Power. that they, and the survivors of them, or any seven or more of them, shall, and they are hereby empowered to demand, receive, and take the money arising from every assessment or assessments herein before last mentioned, and the same is and are hereby vested in the same trustees, and shall be by them, or any seven or more of them, paid and applied to and for the several uses and purposes aforesaid, in the manner hereinafter mentioned (the

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