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cinct of Myton aforesaid, as now belongs to the said dock company, nor for 50 Geo. III. or in respect of all or any of the dues and payments of or belonging to the
c. 41. said dock company.
XXXV. And be it further enacted, That nothing herein contained shall extend or be construed to extend to charge or make liable the owners or Inbabitants of occupiers of any of the dwelling-houses, warehouses, buildings, lands, tene- Trippett not. ments or hereditaments in Trippett aforesaid, which adjoin on any streets liable to be assers
ed for Lamps or places at present cleansed and lighted by or at the expence of the said
and Scavengers. dock company to or with the payment of any rates or assessments to be made by virtue of this act for lighting or cleansing, so long as such streets or places shall be effectually lighted and cleansed by the said dock company.
XXXVI. And whereas the said dock company, at their own proper costs Dock Company and charges, light, watch and cleanse the legal quay at Kingston-upon-Hull to liglit &c. the
South Side of the aforesaid, and the ground lying between the same and the dwelling-houses, Old
Old Dock. warehouses, lands and hereditaments of or belonging to the said dock company, situate on the south side of or contiguous to the said quay; Be it therefore further enacted, That neither the said dock company nor any of the tenants or occupiers of the said dwelling-houses, warehouses, lands or hereditaments, shall be subject or liable to the payment of any rates or assessments to be laid, raised or levied by virtue of this act, or of any of the said recited acts, during such time or times as the said dock company, their successors, tenants or occupiers, shall effectually light, watch and cleanse the said quay and ground.
XXXVII. And, to the end that the said commissioners may be enabled Commissioners to execute the purposes of this act in the most expeditious manner, Be it empowered to further enacted, That it shall be lawful for the said commissioners and they borrow 3,000 £.
on the Credit of are hereby empowered, with the previous consent, approbation and allow.
“ Majesty King George the Third, intituled, (set forth the title of this Mortgage.
this day “advanced and lent by A. B. upon the credit and for the purposes of “the said act, do, by and with the previous consent, approbation and « allowance of the mayor and aldermen of the town or borough of “ Kingston-upon-Hull, in common council assembled (testified by their « common seal hereunto set and affixed,) grant, bargain, sell and “ demise unto the said A. B. his or her executors, administrators and “ assigns, such proportion of the rates and assessments arising by « virtue of the said act as the said sum of
doth or “ shall bear to the whole sum which may at any time be borrowed or “ become due and owing or charged upon the credit of the rates and “ assessments granted or directed to be granted by the said act; to be “had and holden from this
in the year until the said sum of
with “ interest at
per centum per annum for the same shall be
50 Geo. III. “repaid and satisfied. In witness whereof we have hereunto set our c. 41. “ hands and seals, the
in the year of our " Lord
XXXVIII. And be it further enacted, That in case the said commissioners Money may be or any five or more of them shall think it advisable to raise all or any part borrowed on of the money necessary for the purposes of this act by the granting of annuiAnouity or
ties for lives, or by way of tontine or otherwise, it shall be lawful for the said Tontine,
commissioners or any five or more of them, by and with the like previous consent, approbation and allowance of the said mayor and aldermen in common council assembled, and they are hereby authorized and empowered by writing under their respective hands and seals, to grant annuities for lives, or by way of tontine or otherwise, to any person or persons who shall advance and pay into the hands of the treasurer to the said commissioners any sum or sums of money for the absolute purchase thereof, such annuities to be paid and payable during the natural life of every such purchaser, or the natural life of such person as shall be nominated by or on the bebalf of such purchaser at the time of the payment of his or her purchase money; or in case the money so borrowed shall be raised by way of tontine, then during the natural life of the longest liver of such annuitants; so as that no such annuity do exceed the rate of ten pounds for one hundred pounds for a year, and so that the whole money to be raised upon mortgage and by the granting of annuities, or by way of tontine or otherwise as aforesaid, do not exceed the sum of one thousand pounds; and the grant of every such
annuity shall be in the words or to the effect following (videlicet;) Form of the We
being five of the commissioners Grapt.
“ appointed by or in pursuance of an act, made in the fiftieth year of
to E. F. the treasurer “ appointed in pursuance of the said act, do, by and with the previous “consent, approbation and allowance of the mayor and aldermen of the “ town or horough of Kingston-upon-Hull in common council assem“ bled (testified by their common seal hereunto set and affixed,) hereby “grant unto the said C. D. his [or, her] executors, administrators and “ assigns, an annuity or yearly sum of
out of the “ said rates and assessments granted or arising by virtue of the said " act, which annuity or yearly sum of
shall be “paid to the said C. D. his [or, her] executors, administrators and “ assigns, at
in “ every year during the natural life of
and the “ first payment thereof shall be made upon the
next ensuing the date of these presents. In witness “ whereof we have hereunto set our hands and seals, the “ day of
in the year of our Lord XXXIX. And every such grant shall be good, valid and effectual in the law, without any enrolment or registry of the memorial thereof; and every annuity, so to be granted as aforesaid, shall be and is hereby charged upon and shall be payable and paid out of the said rates and assessments during the term of the natural life of the person for whose life such annuity shall be granted; and every such annuity, and also the interest arising on every mortgage or assignment to be made of the said rates and assessments by virtue of this act as aforesaid, shall be payable and paid by the treasurer for the time being to the said commissioners by equal half-yearly payments, the first payment thereof respectively to be made at the expiration of six calendar months next after the date of the respective securities for the same; and all such persons to whom such mortgages, assignments or grants shall be made, or who shall be entitled to the money, annuity or interest thereby secured, shall in proportion to the sum of money, annuity or interest therein respectively mentioned, be creditors on the said rates and assessments equally one with another, without any preference in respect of the priority of advancing any such money, or the date of any such
mortgage, assignment or grant. Clerk of the said XL. And be it further enacted, That the clerk to the said commissioners Commissioners shall enter, or cause to be entered, in a book or books to be by him for that
purpose provided and kept, all securities for money borrowed by virtue or 50 Geo. III. in pursuance of this act, and all assignments or transfers thereof, expressing
c. 41. in words at length the names, additions, places of abode and other descrip tions of all and every such person and persons as sball from time to time be entitled to such securities, and the sum or sums received upon the same; to enter all Secu. to which book or books the person and persons entitled to and possessed of rities in a Book such securities, and all and every the persons and person liable to the pay. to be kept for
that purpose. ment of the said rates or assessments, shall at all seasonable times have ache cess, with free liberty to inspect the same without fee or reward.
XLI. Provided always, and be it further enacted, That the monies so to Money borrowed be raised, borrowed, and taken up shall be divided and apportioned by the to be proporsaid commissioners to and for the use of, and to be paid and reimbursed ac- tioned on the
Districts, cordingly by each of the districts or divisions separately, as herein before mentioned and directed with respect to the rates and assessments to be raised in and for the same district or division, or the loans and advancements to be made by or to the same respectively as aforesaid, but so as not to affect, lessen or impeach the security of the person or persons advancing the same with respect to the whole of the rates and assessments to be raised for the said lordship or precinct collectively.
XLII. And be it further enacted, That it shall be lawful for any person Persons entitled or persons entitled to any of the securities aforesaid, and his, her or their to Securities may
transfer by executors, administrators or assigns, at any time or times to assign or
or Eudorsement, transfer the same by endorsement in writing under his, her or their hand or hands respectively on the back thereof to any person or persons whomsoever, and so toties quoties; and all such assignments or transfers, after they shall have been so made and entered by the clerk to the said commissioners in manner aforesaid (which he is hereby required to do without fee or reward,) shall entitle the person or persons to whom they shall be respectively made, and his, her or their respective executors, administrators or assigns, to the benefit of the securities. XLIII. And be it further enacted, That the said commissioners shall and w.
Watchmen. they are hereby required, at the first or some subsequent meeting or meet. ings to be held as aforesaid, to apportion the number of watchmen to be employed in the said town of Kingston upon-Hull and liberty of Trippett, and in each district of the said lordship or precinct of Myton, or such parts of the said lordship or precinct as shall be from time to time required to be watched by ten or more persons respectively occupying tenements within the same of the yearly rent of six pounds at the least, and as the said commissioners shall deem expedient, and from time to time to alter such apportionment and number of watchmen as shall be found most expedient for the purpose of appointing and regulating the watch as hereinafter mentioned; and each and every of the said watchmen shall be duly appointed and sworn to act, and shall, during the time they shall respectively be on duty in the night, act as constables, and each and every of them shall during such time have and be invested with the same powers and authorities as constables have by law; and the mayor of the said town for the time being, and one or more of the aldermen of the said town, shall and may make such orders and regulations and give such directions for the stationing and regulating the said watchmen, and the places, times and periods of their watch, as they shall from time to time think proper; and the said commissioners shall, by and out of the money to be raised in pursuance of this act, erect, hire, or otherwise provide in each of the said districts, and in such places as the mayor and one or more of the aldermen shall direct, proper watch-houses, watch-boxes or places for the reception of the said watchmen, and proper coats, lanthorns, arms, materials and things suitable for their respective offices, and proper and convenient rooms or other places of security wherein to lodge offenders until taken before a magistrate for examination; and all and every the said watchmen shall and they are hereby empowered and required to use his and their best endeavours to prevent mischief by fire, and also to prevent murder, burglaries and robberies, and other felonies and misdemeanors, and to secure and apprehend all malefactors and all disorderly and suspected persons, and to detain and safely keep every such person in any of the said watch-houses. or places to be provided as aforesaid, or to deliver such person without delay to the keeper of the house of correction of the said town of Kingston.
50 Geo. III. upon-Hull, as the nature of the case or magnitude of the offence may seem c. 41.
to require, and which keeper of the said house of correction is hereby required to receive and take the charge of such person or persons until he, she or they can be taken (which shall be done as soon as conveniently may be) before some justice of the peace for the said town and county, to be examined and dealt with according to law; and in case any such watchmen shall be wounded or disabled in the execution of his or their duty, the said commissioners shall give and order to be paid to him or them such gratuities or rewards in money as shall at any meeting of the said commis
sioners be thought proper, Watchmen not
XLIV. Provided always, that nothing herein contained shall extend or to gain Settle. ments as Con.
be construed to extend to adjudge or give to any person or persons, so to stables.
be appointed a watchman or watchmen as aforesaid, a settlement or settlements within the united parishes of the Holy Trinity and Saint Mary in the said town, in respect of his or their having been a constable or constables
for the purposes of this act. Penalty on Pub. XLV. And be it further enacted, That if any victualler, publican or other licans or other person selling spirituous or other liquors shall entertain or harbour in his, Persons harbouring Watchmen.
her or their house, habitation or shop any watchman to be appointed under this act, during any of the hours or times appointed for such watchmen to be on duty in virtue or in pursuance of this act, then every such victualler, publican or other person shall forfeit and pay any sum not exceeding twenty shillings for the first offence, and not exceeding forty shillings for
the second offence, and not exceeding five pounds for the third and every Penalty on other offence. Watchmen off duty or drunk.
XLVI. And be it further enacted, That if any person to be appointed a watchman under this act shall be asleep, intoxicated, off duty, or from the station of his watch, or otherwise misbehave himself in the execution of his office, during the period for which he shall be directed and appointed to watch, it shall be lawful for any three or more of the said commissioners of the division or district to which he shall belong, without convening any meeting, by writing under their hands to discharge him from his office; and every such watchman so offending shall, on conviction thereof before one of his Majesty's justices of the peace for the said town and county, forfeit any sum not exceeding five shillings for the first offence, not exceeding ten shillings for the second, and not exceeding twenty shillings for the third and every other offence, to be deducted from his wages or salary if any shall be due to him, or if none shall be due or in default of payment he shall be committed to prison for any term not exceeding one calendar month at the discretion of the justice before whom he shall be so convicted ; and another person shall be appointed in his place or stead by the mayor of
the said town for the time being. Commissioners to XLVII. And be it further enacted, That it shall be lawful for the said fix the number of commissioners, and they are hereby authorized and empowered from time to Lamps.
time to cause lamp-posts or lamp-irons to be put up or affixed into, upon, or against the ground adjoining to, or the walls or pallisadoes of any of the houses, tenements, or buildings already built, or hereafter to be built, within the said town of Kingston-upon-Huli and the liberty of Trippett aforesaid, and within such parts of the said lordship or precinct of Myton as now are or shall hereafter from time to time be built upon and occupied or inhabited, and shall be required to be lighted by ten or more householders respectively occupying tenements within the street, square, lane, way, pas'sage, court or place, so intended to be lighted, of the annual rent of six pounds at the least, as they the said commissioners shall think proper and expedient; and also to cause such kind and number of lamps of such sizes and sorts to be provided and fixed or put upon such lamp-posts, and to cause the same when so provided and fixed, to be altered, taken down, or removed, and to alter the place and situation and manner of fixing, and to increase or diminish the number of lamps now erected and being in the said town, and to give such other orders and directions in the premises as they the said commissioners shall from time to time think proper for well and sufficiently lighting the streets, squares, lanes, ways, public passages, courts and places within the said town and liberty, and such parts of the said lordship or precinct respectively as last aforesaid ; and also to cause such lamps to be lighted at such time or times, and to be kept lighted
during the whole or such part of the night, and for the whole or so much 50 Geo. III. and during such period of the year, as the mayor of the said town and one or more of the aldermen for the time being shall from time to time order and direct.
XLVIII. And be it further enacted, That when and as soon as the said Assessors to obey commissioners shall have ascertained and settled the number of watchmen the Commis. to be employed in the said town and liberty, and the wages or hire, gra- sioners' Warrant tuities, rewards or payments to be paid and given to such watchmen, and Waichmen and
for payment of the number, situation and kind of lamps to be erected in the said town and manner of liberty and the manner of fixing the same; and when and so often as they Lighting. shall see cause to increase or diminish the number of such watchmen or of such lamps, or to vary, alter or regulate the mode of watching or the manner of lighting the said town and liberty; it shall and may be lawful to and for the said commissioners from time to time, at any of the meetings to be had under or by virtue of this act, so often as occasion shall require, by warrant under the hand of the chairman of the said meetings directed to the assessors for the time being appointed by and acting under and by virtue of the said recited acts or any of them, to specify the number and names of the watchmen to be from time to time so appointed in and for the said town and liberty, and the wages or hire, gratuities, rewards or payments to be paid and given to such watchmen, and the number, situation, kind and manner of fixing, placing and lighting the lamps in the said town and liberty, with such other particulars and directions in the premises as they shall think proper; and the said assessors are hereby required and enjoined, by and out of the assessments to be raised and levied by virtue of the said recited acts and of this act respectively in and for the said town and liberty, to pay to such watchmen the wages or hire, gratuities, rewards or payments from time to time ordered and directed to be paid to them by the said commissioners, at the times and in manner in the said warrant expressed, and to provide such kind and number of lamps, lampposts and lamp-irons, in such places and situations, and to cause the same to be lighted in such manner, and from time to time to vary, alter and regulate the number, situation, kind and manner of fixing, placing and lighting the lamps for the said town and liberty, as by the said commissioners shall be from time to time directed and appointed as aforesaid.
XLIX. And be it further enacted, That it shall be lawful for the said Com:nissioners commissioners from time to time, at any of the meetings to be had under or may contract for by virtue of this act, to contract and agree with any person or persons for
r lighting in
Myton. such number and kind of lamps as shall be from time to time thought necessary to be fixed and set up in such parts of the said lordship or precinct of Myton as aforesaid, and for lamp-irons, posts, and other materials necessary or convenient for fixing the same from time to time, and for fur. nishing and providing the same lamps with all requisites, and for lighting, supporting, amending and repairing the same; and also with any person or For Scavengere. persons to be and act as scavenger or scavengers within the said lordship or precinct of Myton to sweep and cleanse the same in an effectual manner, when and as often and at such times as the said commissioners shall from time to time appoint, and immediately after such sweeping, take and carry away the dirt, dust, dung, ashes and other filth thereby gathered and collected, according to the directions in this act contained ; and the said commissioners are hereby directed, empowered and required to sell and dispose of the same when so gathered, collected and deposited by public auction or private contract, and to apply the money arising therefrom to the purposes of this act: and also to contract and agree with any person or
Fire-engines and persons to make and furnish, and to repair and keep in good order one or other Necessaries more water-cart or water-carts, engine or engines, proper for watering such parts of the said town and liberty and lordship or precinct, as the said commissioners shall think fit; and also one or more fire-engine or fire-engines, together with a sufficient number of leathern buckets, and other matters and things relating thereto, as the said commissioners shall think proper : and to purchase, lease or otherwise agree for a proper and convenient place or places for keeping the said water-cart or water-carts, fire-engine or fireengines and buckets, and other things relating thereto.
L. Provided always, and be it further enacted, That all and every con- Contracts for tracts and contract which shall be entered into by the said commissioners Lightin
or lighting, &c. to