XXVII. And be it further enacted, That upon payment of the principal -money and interest due on any mortgage as aforesaid into the bank, at the end of six calendar months from the day of giving such notice as aforesaid, for the use of the mortgagees, the cashier or cashiers shall give a receipt or receipts for the said money, in like manner as is herein before directed in cases of other payments into the bank, and thereupon all the estate, right, title, interest, use, trust, property, claim and demand of the said mortgagee or mortgagees, and of all and every person and persons in trust for him, her, or them, shall vest in the said mayor and burgesses, and they shall be deemed to be in the actual possession of the premises comprized in such mortgage or mortgages to all intents and purposes whatsoever. XXVIII. And be it further enacted, That all sums of money, or other consideration, recompence, or satisfaction to be paid or made pursuant to any such agreement or verdict as aforesaid, or in discharge of any such mortgage, shall be paid or tendered to the party or parties entitled to the same, or paid into the bank of England as aforesaid, before the said mayor and burgesses in common council assembled, or any person or persons authorized by them, shall proceed to pull down any house or houses, or other erections or buildings comprized in or affected by such agreement, verdict, or mortgage respectively, or to use the ground for any of the purposes of this act. XXIX. And be it further enacted, That any justice of the peace for the said riding shall have power from time to time to impose a reasonable fine, not exceeding the sum of ten pounds, on such sheriff or his deputy, bailiffs or agents respectively, making default in the premises, and on any of the persons who shall be summoned and returned on any such jury or juries, or being so sworn shall not give his or their verdicts, and also on any person or persons who shall be summoned to give evidence touching any of the matters aforesaid, and shall not attend (unless for some sufficient excuse) or shall refuse to be sworn or to affirm, or who shall refuse to give his, her or their evidence, and on any other person or persons who shall in any other manner wilfully neglect his, her, or their duty in the premises, contrary to the true intent and meaning of this act; and from time to time to levy such fine or fines, by order of the said justice respectively, by distress and sale of the offender's goods and chattels, together with the reasonable charges of every such distress and sale, returning the overplus (if any) to the owner or owners; and that a copy of the order of the said justice, signed by the clerk of the peace of the said East Riding or his deputy for the time being, shall respectively be sufficient authority to the person or persons therein to be appointed, and to every other person or persons acting, or aiding or assisting therein to make such distress and sale; and all such fines shall be paid to the said mayor and burgesses in common council assembled, to be applied to the purposes of this act. XXX. And be it further enacted, That it shall be lawful for the said mayor and burgesses in common council assembled to sell and dispose of, and by indenture under their common seal to grant and convey in fee, either for a sum or sums of money in gross or for an annual rent, or to mortgage or demise for a term of years, all such of the said messuages, buildings, lands, tenements or hereditaments which shall be purchased by and conveyed to the said mayor and burgesses and their successors, as shall not be wanted for the purposes of the said intended new street, or the said dock or landing place, or any part or parts thereof, for such sum or sums of money, or under such yearly rents, and to be reserved or limited in such manner, as the said mayor and burgesses in common council assembled shall from time to time judge proper; and that all such grants, conveyances, mortgages and demises shall be valid and effectual in the law, any thing herein contained or any other law, statute or custom to the contrary notwithstanding; and upon payment of the money which shall arise by the sale or sales, mortgage or mortgages, of such messuages, lands, tenements, or hereditaments, or any part or parcels thereof, it shall and may be lawful for the treasurer or treasurers for the time being of the said mayor and burgesses to sign and give receipts for the money for which the same shall be sold, which receipts shall be sufficient discharges to the purchaser or purchasers, mortgagee or mortgagees, for the money for which such premises shall be so sold or mortgaged, or for so much thereof as in such receipts shall be X 41 Geo. III. c. 65. Upon Payment of Principal and Interest into the Monies to be paid or tendered before any Use made of the Premises. Justice for the East Riding may Juries, or Witnesses, for not attending, &c. fine Sheriff, Mayor, &c. empowered to resell Land, &c. 41 Geo. III. e. 65. And to use or sell old Materials. Monies arising by Sales, &c. to be appropriated to the Purposes of this Act. Mayor, &c. empowered to appoint Committees. Persons inter on such Com.mittee. acknowledged or expressed to be received; and such person or persons shall not be answerable or accountable for any losses, misapplication or non-application, of such purchase money or any part thereof: provided always, that the said mayor and burgesses, before they shall sell and dispose of such lands or buildings, shall first offer to re-sell the same to the person or persons from whom they shall have purchased such lands or buildings; and in case such person or persons shall not then and thereupon agree, or shall refuse to re-purchase the same, any affidavit to be made and sworn before a master extraordinary in the high court of chancery, or before one of his Majesty's justices of the peace for the said town and county of the town of Kingston-upon-Hull, by some person or persons no way interested in the said lands or buildings, stating that such offer was made by or on behalf of the said mayor and burgesses, and that such offer was not then and thereupon agreed to, or was refused by the person or persons to whom the same was so offered, shall in all courts whatsoever be sufficient evidence and proof that such offer was made, and was not agreed to or was refused by the person or persons to whom it was made, as the case may be. XXXI. And be it further enacted, That the said mayor and burgesses in common council assembled, shall and may use or cause to be used such of the old materials of houses and other buildings to be taken down, removed, or altered respectively pursuant to this act, in or about the making and finishing of the aforesaid new buildings and other improvements, or any of them, or the same materials, or any part thereof, shall and may sell or cause to be sold as they shall think fit. XXXII. Provided always, and be it further enacted, That all rents and other sum and sums of money to arise by the sale or letting of the houses, buildings, lands, tenements and hereditaments to be let or sold, or by sale of the materials of houses and buildings to be purchased and pulled down as aforesaid, shall be applied and the same are hereby appropriated to the purposes of this act, and to no other use, intent or purpose whatsoever. XXXIII. And be it further enacted, That it shall be lawful for the said mayor and burgesses in common council assembled, from time to time to appoint one or more committee or committees to manage and transact all or any of the matters or purposes which they the said mayor and burgesses in common council assembled are hereby authorized and required to do, execute or perform; which committee or committees so to be appointed, shall have such or so much of the powers and authorities by this act given to the said mayor and burgesses in common council assembled, as the said mayor and burgesses in common council assembled shall think fit or proper to delegate to such committee or committees. XXXIV. Provided nevertheless, and be it further enacted, That if any ested not eligible person, being a member of any such committee, shall be directly or indirectly interested or concerned in any contract which shall be made or entered into by or on behalf of such committee, for or concerning any of the works to be performed or done in pursuance of this act, or for or concerning any materials to be used or employed therein, every such contract shall be void; and the person who, being a member of such committee, shall be so interested or concerned, shall for every such offence forfeit and pay the sum of one hundred pounds to any person or persons who shall sue for the same, to be recovered in any of his Majesty's courts of record at Westminster, by action of debt, bill, plaint or information, to be commenced within six calendar months next after the offence committed, in which action or suit respectively, no protection, essoign, or wager of law, or more than one imparlance shall be allowed. Direction for giving Notice of Contracts. XXXV. Provided always, and be it further enacted, That previous to the making of any such contract, notice shall be given in one of the Hull newspapers, and by hand bills circulated in the said town of Kingstonupon-Hull, that such committee intend to make such contract, and that all persons willing to engage therein may make proposals to the said committee, at a certain time and place in every such notice to be specified; and all contracts made or to be made in consequence of such notice, shall specify the several works to be done, and the price or prices to be paid for the same, and the time or times when the said works are to be completed, together with the penalties to be incurred in case of the non-performance thereof; and the same shall be signed by the clerk for the time being of such committee, as also by the person or persons contracting to perform such works respectively, and shall be entered in a book or books to be kept for that purpose by such committee. XXXVI. Provided always, and be it further enacted, That it shall be lawful for the said mayor and burgesses in common council assembled, or such committee or committees as shall be appointed as herein before is directed, and they are hereby authorized and empowered respectively, from time to time to nominate and appoint such and so many clerks and other officers under them, as shall be necessary to be employed in or about the execution of all or any of the purposes aforesaid, and to make such allowances to the said clerks and officers respectively, for their care and pains in the execution of their respective offices, as they shall think reasonable; any thing herein before contained to the contrary thereof in any wise notwithstanding. XXXVII. And be it further enacted, That all and every officer and officers, or other person or persons whomsoever concerned or to be concerned in the receipt of any money under or by virtue of this act, before he or they shall be permitted to take upon him or them the execution of any of the said offices, shall be bound with sufficient sureties to the said mayor and burgesses for the just and faithful execution of such office or employment, in such reasonable sum or sums of money as by the said mayor and burgesses in common council assembled shall be thought fit, having regard to the trust reposed or to be reposed in such officer or officers. XXXVIII. And be it further enacted, That if any such officer or officers, or other person or persons as last above-mentioned, shall after receipt of any of the monies aforesaid divert or misapply the same, or any part thereof, contrary to the true intent and meaning of this act, then such officer or person respectively as aforesaid, so diverting or misapplying the said money, shall forfeit treble the sum só diverted or misapplied, with full costs of suit; which said forfeitures shall be recovered by the said mayor and burgesses by action of debt, bill, plaint or information, in any of his Majesty's courts of record, wherein no essoign, protection, or wager of law, or more than one imparlance shall be allowed.* 41 Geo. III. c. 65. Mayor, &c. to appoint Officers. Officers con- Penalty on Misapplication of Monies. THE SCHEDULE TO WHICH THIS ACT REFERS. In the Fish Shamble Alleys. A dwelling-house in the occupation of William Thorley. A dwelling-house in the occupation of Frances Peat. A dwelling-house in the occupation of John Daggitt. Three small tenements or dwelling-houses, in the several occupations of John Bean, William Brigham, William Petre. A dwelling-house in the several occupations of Elizabeth Forth, Christopher Smith, Daniel Foley, Matthew Soloman, and Willet. Two small tenements or dwelling-houses, in the several occupations of Jonathan Ackrell, Alexander Wright, Susannah Myers, and Edward Kirby. A dwelling-house in the occupation of Peter Watson. Two small tenements or dwelling-houses, and several out-offices, in the several occupations of Thomas Dunn, Mary Daniel, and others. In the Butchery. A shop in the occupation of William Barrow. A dwelling-house and shop in the occupation of Edward Stennit. See sect. 48, 49, 50, 51; title "Ferryboat Deck," post. 41 Geo. III. c. 65. A dwelling-house in the occupation of Matthew Weyllandt, and a small tenement behind the same, in the occupation of John Robinson. Three dwelling-houses or tenements, in the several occupations of Thomas Peck, Alexander Mills, Matthew Aby, John Walker, George Askew and Robert Blake. A dwelling-house in the occupation of the said John Walker. A dwelling-house and shop, partly in the Butchery and partly in Blackfriargate, in the occupation of Edward Chapman. In and on the north side of Blackfriargate. A dwelling-house and shop in the occupation of John Drew. A dwelling-house and brewery, lately occupied by James Hopwood, but now untenanted. Three small tenements or dwelling-houses behind the last-mentioned premises, in the several occupations of James Warren, Elizabeth Hall, Richard Bailey, George Dinsdill, John Harpon and Richard Hutchinson. In and on the south side of Blackfriargate. A dwelling-house and shop in the occupation of Ambrose Metcalfe. A dwelling-house and shop in the several occupations of Walter Lockhart and Robert Porter. A shop or warehouse in the occupation of George Watson. A dwelling-house and shop in the occupation of Joseph Shiner. A Dwelling-house and shop in the occupation of James Hatfield. A dwelling-house and shop partly in Blackfriargate and partly in Queenstreet, in the occupation of Richard Parker. In Queen-Steeet. A workshop, buildings and ground adjoining, in the occupation of the said Richard Parker. A dwelling-house and bakehouse in the occupation of Ambrose Fox. A dwelling-house in the occupation of Christopher Wadsworth. A dwelling-house and tenement in the several occupations of Roger Banks, Thomas Wray and John Hardcastle. In and on the north side of Fore Ropery. Six small tenements or dwelling-houses in the several occupations of A dwelling-house in the occupation of Elizabeth Linroth, widow. A dwelling-house in the several occupations of Robert Watson, Alexander In and on the south side of Fore Ropery. A dwelling-house in the occupation of Francis Carter and Elizabeth Lewis. A dwelling-house partly in Fore Ropery and partly in Back Ropery, or Humber-street, in the occupation of Ralph Morton. A dwelling-house partly in Fore Ropery and partly in Back Ropery, or Humber-street, in the occupation of John Baxter. Two dwelling-houses or tenements in the several occupations of Duncan Furguson and John Ferrier. In the Back Ropery, or Humber-Street. A dwelling house in the several occupations of John Graburn and John Davison. A dwelling-house and shop in the occupation of John Ward. 23 Geo. III. c. 55. An Act for building a New Gaol, &c. (for Title see page 3.) I. WHEREAS the common gaol of the town and county of the town of Kingston-upon-Hull, is a very ancient building, of small dimensions, and in great decay, and standing in the middle of the said town, and in a close and confined situation, without the advantage of any adjacent ground, is attended with many inconveniences to the health and safe custody of the prisoners: II. And whereas the grand jury, at the assizes and general gaol delivery held for the said town and county, have presented the said gaol as insufficient: III. And whereas the building of a new gaol for the said town and county, in a more airy and commodious situation, in some other part of the said town or county, will greatly contribute to the health of the prisoners, and render the custody of them more safe, and will also be a general convenience to the said town and county, and an advantage to the public: IV. And whereas it is just and reasonable that the charges of building the said gaol should be borne and defrayed by and out of the estates within the said town and county, in a fair and equal degree: The Gaol of niently situate. Presented by the Building a Gaol, of Advantage. And that the charge shonld be borne by the town &c. Mayor, &c. of the Town of Kingston-uponHull authorized to purchase Ground; VIII. But forasmuch as the same cannot be done without the aid and authority of parliament; may it please your Majesty, That it may be enacted; and be it enacted, by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, that it shall be lawful for the mayor, recorder, and one alderman of the town or borough of Kingston-upon-Hull for the time being, James Smith, Edmund Popple, Thomas Wasney, John Bowman, Henry Legard, and William Brocklebank, Esquires, or the major part of them, as soon as conveniently may be next after the passing of this act, to contract for and purchase some convenient piece or pieces of ground, tenements, or hereditaments, within the said town and county of the town of Kingston-upon-Hull, or either of them; and that the same, when purchased shall be conveyed to To be conveyed the mayor and burgesses of the town or borough of Kingston-upon-Hull, to Trustees. and their successors, for the purposes intended by this act concerning the said gaol. IX. And be it further enacted, That it shall be lawful for all persons Incapacitated whatsoever, seised of, interested in, or entitled to such piece or pieces of Persons empow ground, tenements, or hereditaments abovementioned, and also for all ered to sell Lands. bodies politic, corporate, or collegiate, corporations aggregate or sole, husbands, guardians, trustees, and feoffees in trust, committees, executors, administrators, and all other trustees whatsover, not only for and on behalf of themselves, but also for and on behalf of their cestui que trusts, whether infants or issue unborn, lunatics, idiots, femes covert, or other person or persons whatsoever, and to and for all femes covert who are or shall be seised or interested in their own right, and to and for all and every person and persons whomsoever, who are or shall be seised, possessed of, or inSee General Gaol Act, 4 Geo. IV. c. 64. |