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such action or suit shall have arisen and accrued, and every action or suit 50 Geo. Ill. which shall be commenced against any person or persons for any thing done in pursuance of this act shall be brought and laid in the said town and county, and not elsewhere; and the defendant or defendants therein shall and may plead the general issue, and give this and the said recited acts and the special matter in evidence at any trial to be had thereupon, and that the same was done by virtue and under tbe authority of this act, and if on the trial of such action or suit it shall appear to have been so done, or that such action or suit was brought before thirty days' notice in writing thereof had been given or left as aforesaid, or after tender of sufficient amends made to the party or parties aggrieved, or after the end of six calendar months next after the cause of such action or suit had arisen and accrued, or that such action or suit was brought or laid in any other county than as aforesaid, then and in every and all of the said cases the jury on the trial of any such action or suit shall find a verdict for the defendant or defendants tberein; and in all and every of such cases where a verdict shall be found for any defendant or defendants in such action or suit, or the plaiatiff or plaintiffs therein shall discontinue the same or become nonsuited, or judgment shall upon demurrer or otherwise be given against such plaintiff or plaintiffs, then the defendant or defendants in such action or suit shall have treble costs, and shall have the like remedy for recovering Treble Costs. the same as any defendant or defendants hath or have for recovering his, her or their costs in any other case by law; and though a verdict be given for the plaintiff or plaintiffs in any such action or suit as aforesaid, such plaintiff or plaintiffs shall not have costs given against the defendant or defendants therein, unless the judge before whom the trial shall be had shall certify his approbation of the action or suit and the verdict thereupon obtained.
CXX. Provided always, That nothing in this act contained shall extend Saving the Right or be construed to mlter, prejudice, affect, impeach or lessen the several of the Mayor, &c. rights of the mayor and burgesses of the town or borough of Kingstonupon-Hull, or of the justices of the peace of or for the said town and county, or the rights, privileges and immunities of the said dock company. CXXI. Provided also, that nothing in this act contained shall extend or a
This act not to be construed to extend to repeal, alter, abridge or defeat all or any of the repeal former articles, clauses, provisions, powers and authorities in the said recited acts Acts. or any of them contained, which are not hereby varied, altered or repealed, save and except such part or parts thereof as relate to exemptions from stamp duties.
18. CXXII. Provided always, and be it further enacted, That the expence
bos and charge of procuring, obtaining and passing of this act, shall be paid app
moid Apportiopment. It
of Expences of and borne by the said town and liberty, and lordship or precinct, in and this Act. by the shares and proportions following that is to say,) one half part thereof by the said town and liberty, and the remainder of such expence and charge by the several divisions or districts of the said lordship or precinct equally; and the costs, charges and expences of obtaining and passing this act, and all incidental expences attendant thereupon, shall be paid and borne by and out of the first monies to be received by virtue thereof before and in preference to all other payments whatsoever; and all such sum and sums of money as shall have been raised and subscribed for the purpose of obtaining the same shall be repaid and reimbursed to the person or persons who shall have advanced the same. .
CXXIII. And be it further enacted, That this act shall be deemed and Public Act. taken to be a public act, and shall be judicially taken notice of as such by all judges, justices and others, without being specially pleaded.
41 Geo. II.
41 Geo. III. Cap. 65. Royal Assent, 20th June, 1801. An Act for enlarging and improving the Market-Place of the
town of Kingston-upon-Hull, and for making a commodious Street from thence to the river Humber, with a Dock and Wharf or Landing Place for the Ferry and Market Boats belonging and resorting to the said town.
I. WHEREAS the town or borough of Kingston-upon-Hull is very large and populous; and, from the great increase of inhabitants, and of the trade and commerce thereof, the market-place hath become too small, and the streets called the butchery, and queen-street, near and leading thereto, are very narrow and incommodious:
III. And whereas it would contribute much to the convenience and accommodation, as well of the inhabitants of the said town as the public in general, if the said market-place were enlarged and improved; and if divers messuages, tenements, and buildings, in the said town of Kingston-uponHull, were taken down, and one commodious street made, to extend from the south-end of the market-place aforesaid to the river Humber; and if a dock were made at the south-end of the same street, adjoining the river, with a proper and convenient wharf or landing place for the accommodation of the said ferry and market boats:
IV. May it therefore please your Majesty, That it may be enacted;
and be it enacted, by the King's Most Excellent Majesty, by and wito the Mayor and
advice and consent of the Lords Spiritual and Temporal, and Commons, in Burgesses to this present parliament assembled, and by the authority of the same, that enlarge the the mayor and burgesses of the said town or borough of Kingston-upon. Market Place,
Hull, in common council assembled, shall be and they are hereby empow. and take down t.eGuildhall for ered to take down the building called or known by the name of the InatoPurpose. Guildhall of the town of Kingston-upon-Hull, and to lay out the ground
whereon the same stands, or so much thereof as they shall judge necessary, To erect another in enlarging and improving the market-place of the said town; and the said Guildhall at their
ir mayor and burgesses in common council assembled, are hereby directed and owo Expence.
required, at their own expence, to erect and build or cause to be erected and built, in a good and workmanlike manner, a larger and more commodious Guildhall, upon such part of the ground whereon the present Guildhall now stands as shall not be wanted for the purposes aforesaid, and on other ground belonging to the said mayor and burgesses which adjoins thereto, or upon some part of the ground near or adjoining to the present Guildhall, which shall be purchased under the authority of this act; and that the said new Guildhall, when erected and built as aforesaid, shall be maintained, supported, and kept in repair by and at the expence of the
said mayor and burgesses and their successors for e ever. During the Time V. And be it further enacted, That during the time of taking down of taking down the present Guildhall, and until the said new Guildhall shall have been and rebuilding built, and made fit and opened for public business, the said mayor and the Guildhall, Mayor, &c. to
burgesses shall and they are herely directed and required, at their own provide a Place expence, to provide some other fit and convenient place, in the said town for the public of Kingston-upon-Hull, to be used in like manner and for the like purposes Business.
as the present Guildhall hath been used or is properly applicable. To lay out a new VI. And be it further enacted, That it shall and may be lawful to and Street, &c.;
for the said mayor and burgesses in common council assembled, and they are hereby authorized and empowered, by themselves or their deputies, 41 Geo. 111. agents, workmen, and servants, to design, lay out, open and make a spacious
C. 65. and commodious street, of the breath of not less than forty feet, to extend from the south-end of the market-place aforesaid in a southerly direction to the river Humber, and to erect dwelling-houses, shops, and other buildings on the east side thereof; also a suitable and convenient dock at the south
end of the said street, to communicate with the river, and a public wharf or - landing place there, for the accommodation of the ferry and market boats belonging and resorting to the said town of Kingston-upon-Hull: and for those purposes, to purchase and take down all such houses and other buildings as are described or mentioned in the schedule hereunto annexed, or such or so many of them, or such parts thereof respectively, as niay be necessary; and to leave open all or so much of the sites of the said houses or the grounds thereunto belonging as they may judge proper for the purposés aforesaid; and to erect and build, or cause to be erected and built, And also to build dwelling-houses or other buildings upon such part of the ground to be pur. Houses. chased by virtue and under the authority of this act, as shall not be wanted for the street intended to be made as aforesaid.
VII. Provided always, and be it further enacted, That the said mayor New Street to be and burgesses in common council assembled, shall well and effectually pave paved. over the ground of the said new intended street, with the materials of the pavement of the present streets so far as they will extend, and with a sufficient quantity of new materials of like quality to supply the deficiency; and that, after the same new street shall be so completed, made and paved as aforesaid, the same shall for ever after be kept in repair by such ways and means as the other public streets in the said town of Kingston-uponHull are now kept in repair, and shall be subject to the like powers, provisoes and authorities, with respect to paving, lighting and cleansing, as the other public streets in the said town of Kingston-upon-Hull are now subject to ; and that after the said dock and wharf or landing place as aforesaid shall be made and completed, the same shall be maintained, supported and kept in repair by and at the expence of the said mayor and burgesses and their successors for ever.
VIII. And be it further enacted, That it shall and may be lawful to and To appropriate for the said mayor and burgesses in conimop council assembled, to cause to Courts, Alleye, be built upon, stopped up, or inclosed, any of the present courts, alleys, &c. &c, taken for
the Purposes of ways or passages adjoining the said intended new street, and which now this are or heretofore were used as ways or passages, and any part or parts thereof which shall appear to the said mayor and burgesses in common council assembled, proper to be built upon, stopped up or inclosed, for the purpose of carrying this act into execution, and to sell and dispose of or let the ground and soil thereof to any person or persons, for such uses as they shall think proper, and to apply the money arising by such sale or sales or letting, to the purposes of this act.
XI. And be it further enacted, That it shall be lawful for the said mayor Mayor, &c. and burgesses in common council assembled, and they are hereby em. empowered to powered, to treat and agree, and to employ any person or persons to treat purchase. and agree with the owners and occupiers thereof, and other persons entitled thereto, for the purchase of all the houses, buildings, lands, tenements, and hereditaments mentioned and described in the schedule 'hereunto annexed, or so many or such part or parts of such houses, buildings, lands, tenements and hereditaments respectively, as they shall think necessary or proper to be purchased, removed or pulled down, for effecting the said improvements; and after payment of the sum or sums of money which shall be agreed upon or ascertained for such purchase or purchases, the said mayor and burgesses in common council assembled are hereby authorized to appoint their agents or workmen to pull down such houses or buildings, and renove, sell, or dispose of the materials thereof, and to lay out such lands respectively into such intended street as aforesaid, or otherwise apply and dispose thereof for the purposes of this act. .
XII. Provided always, and be it further enacted, That if any premises in Misnomer not to the schedule hereunto annexed mentioned, or any of the persons in whose prevent the possession or occupation the same or any part thereof are or is stated or Execution of the
Act. described to be, shall happen to be misnamed or inaccurately described, such
41 Geo. III. misnomer or inaccurate description shall not prevent or retard the execution C. 65.
of this act; but the same premises, and every part threof, shall and may be
purchased, sold, conveyed, disposed of, and applied to and for the purposes A REDA of this act, as fully and effectuilly to all intents and purposes as if the same
were properly or more particularly named or described. No Person com. Xill. Provided always, and be it further enacted, That if any person or pellalile to sell
persons, bodies politic, corporate or collegiate, shall be applied to, by, or on Part of his Pro.
behalf of the said mayor and burgesses in common council assembled, to perty if willing to sell the Whule, treat for, sell, dispose of, or convey, for any of the purposes of this act, any
part or parts of any house, building, land, tenement or hereditament, in the actual occupation of one person, or of several persons jointly, and shall by notice in writing to be left at the office of the town clerk of the said town of Kingston upon Hull, within thirty days next after such application, siguify bis, ber, or their inclination or desire to treat for, sell, dispose of, and convey the whole of such house, building, land, tenement, or hereditament, some part whereof shall be deemed necessary to be purchased for the purposes of this act, and it shall happen that the said mayor and burgesses in common council assembled shall not think proper or be willing to purchase the whole of such house, building, land, tenement or hereditament, then and in every such case nothing in this act contained shall extend or be construed to extend to compel the several persons interested therein to treat for, sèll, dispose of, or convey part only, or less than the whole of such house, building, land, tenement or hereditament; any thing herein before
contained to the contrary thereof in any wise notwithstanding. Corporation not XIV. Provided always, and be it further enacted, That if the said mayor valulug' or pair: and burgesses in common council assembled shall not, within the space of chasing Premises within certain twelve calendar months next after the passing of this act, agree for or cause Periods, the to he valued as hereinafter mentioned, and within six years then next Owners thereof following actually purchase and pay for the houses, lands, tenements and not bound to sell
hereditaments which they are hereby empowered to purchase for the purto them.
poses aforesaid, then and in such case the owners or proprietors of such houses, buildings, lands, tenements and hereditaments which shall not have been so agreed for or valued, purchased, and paid for, within the several times hereinbefore limited for such purposes respectively, shall not be bound or obliged to sell such houses, buildings, lands, tenements and hereditaments, or any of them, or any part or parcel of them or any if them, to the said mayor and burgesses, for the purposes of this act; any thing herein
Bodies Politic, XV. And be it further enacted, That it shall be lawful for all bodies &c. Trustees, and
politic, corporate or collegiate, corporations aggregate or sole, trustees and other persung empowered to sell feoffees in trust for charitable or other uses, and all other trustees and and convey feoffees in trust whatsoever, guardians and committees for lunatics and Lands, &c. idiots, executors, administrators and guardians whatsoever, not only for or
on behalf of themselves, their heirs and successors, but also for and on behalf of their cestui que trusts, whether infants or issue unborn, lunatics, idiots, femes covert, or other persons whomsoever, and to and for all femes covert who are or shall be seised in their own right, and to and for all and every person and persons whomsoever who are or shall be seised or possessed of or interested in any houses, buildings, lands, tenements or heredi. taments, which by the said mayor and burgesses in common council assembled shall be thought necessary to be purchased for any of the purposes of this act, to sell and convey, assign or surrender all or any such houses, buildings, lands, tenements or hereditaments, or any of them, or any part or parcel thereof, and all their respective interests therein of what nature or kind soever, to the mayor and burgesses of the said town or borough of Kingston-upon. Hull and their successors, or any person or persons in trust for them; and that all contracts, agreements, bargains, sales, cenveyances, assignments, surrenders and assurances which shall be made by such persons as aforesaid, shall be good and valid in the law, to all in. tents and purposes, not only to convey the estate and interest of the person and persons conveying, but also to convey all right, estate, interest, use, trust, property, claim and demand whatsoever of their several and respective cestuique trusts, whether infants or issue unborn, lunatics, idiots, femes covert, or other persons whomsoever, and all claiming or to claim by, from, or under then; any law, statute, usage, or any other matter or thing
whatsoever to the contrary thereof in anywise notwithstanding; all which 41 Geo. III. conveyances and surrenders so to be made in pursuance of this act, or a
65 memorial thereof, shall, within six calendar months next after the making thereof, be registered at the public register office established in Beverley, in the East Riding of the county of York, by an act passed in the sixth year Conveyance to be of the reign of her late Majesty Queen Anne, at the expence of the pur- registered: chasers; and that all such persons so conveying as aforesaid, or making such assurances as aforesaid, shall be and are hereby indemnified for wbat they shall do by virtue or in pursuance of this act, notwithstanding any omission or mistake of matter or form whatsoever; and if it shall happen that Whien Parties
refuse to treat, any bodies politic, corporate or collegiate, or any other person or per
&c. a Justice of sons, seised or possessed of, or interested in any such houses, buildings, Peace for the lands, tenements or hereditaments, in the said schedule mentioned and East Riding of
the County of described, shall refuse to treat or agree, or by reason of disability cannot
York to issue a agree with the said mayor and burgesses in common council assembled, or Precept for em. with any person or persons authorized by them, for the sale and conveyance of panneiling a their respective estates and interests therein, or shall not produce and Jury; evince a clear title to the premises they are in possession of, or to the in:. terest they clain therein, to the satisfaction of the said mayor and burgesses in common council assembled, or of the person or persons so authorized by them, then and in every such case it shall be lawful for any one of his Majesty's justices of the peace for the East Riding of the county of York, upon application to hirn made by the said mayor and burgesses in common council assembled, and such justice of the peace is hereby authorized and required, within fourteen days next after such application to be made, to issue his warrant or warrants, precept or precepts, directed to the sheriff of the said county of York, who is hereby authorized, directed, and required accordingly to impannel, summon and return a competent number of substantial and disinterested persons of the said riding, qualified to serve on juries, not less than forty-eight nor more than seventy-two; and out of
Who are to be such persons so to be impaunelled, sunimoned and returned, a jury of drawn as the act. twelve nien shall be drawn by some person to be by the said justice ap- 3 Geo. II. directe. pointed, in such manner as juries for the trials of issues joined in his Majesty's courts at Westminster are by an act made in the third year of the reign of his late Majesty King George the second, intituled, “ An Act for “the better regulation of juries," directed to be drawn; which persons so to be im anneled, summoned, and returned as aforesaid, are hereby required to come and appear before the said justice at such time and place, within the said town of Kingston-upon-Hull, as in such warrant or warrants, precept or precepts shall be directed and appointed, and to attend the said justice from day to day until discharged by him; and all parties concerned shall and may have their lawful challenges against any of the said jurymen, crateurred. but shall not be at liberty to challenge the array; and the said justice is hereby authorized and empowered by precept or precepts, from time to time as occasion shall require, to call before him all and every person and persons whomsoever who shall be thought proper and necessary to be ex. amined as a witness or witnesses, on his, her, or their oath or oaths, touching or concerning the premises; and the said justice, if he thinks fit, shall and may, on the application of either party, otherwise authorize the said jury to view the place or places or premises in question, in such manner as they shall direct; and the said justice shall have power to adjourn such meeting from day to day, as occasion shall require, and t') command such jury, witnesses and parties to attend until all such affairs for which they were summoned shall be concluded; and the said jury upon their oaths J'iry to assess the (which oaths, as also the oaths of such person or persons as shall be called upon to give evidence, the said justice is hereby empowered and required to administer) shall enquire of the value of such houses, buildings, lands, tenements or hereditaments, and of the proportionable value of the respective estates and interests of every person or persons seised or possessed thereof or interested therein, or of or in any part thereof, and shall assess or award the sum or sums of money to be paid to such person or persons, party or parties respectively, for the purchase of such houses, buildings, lands, tenements or hereditaments, and of such respective estates and interest: therein, and also for the goudwill, improvements, or any injury or damage