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-23 Geo. III. terested in such piece or pieces of ground, tenements, or hereditaments c. 55.
abovementioned, to convey the same respectively unto them the said mayor and burgesses, and their successors, for the purpose of building a new gaol for the said town and county of the town of Kingston-upon-Hull; and in
case the said mayor, recorder and aldermen of the said town or borough, If they do not
James Smith, Edmund Popple, Thomas Wasney, John Bowman, Henry agree, a Jury to determine the
Legard, and William Brocklebank, or the major part of them, and such Value.
persons as aforesaid, cannot agree upon a sum to be paid for the said piece or pieces of ground, tenements, or hereditaments respectively, then the said mayor and other persons herein before appointed trustees for purchasing the ground for the said new gaol, or the major part of them, shall cause the. value of the said estates to be enquired into and ascertained by a jury of twelve disinterested men of the said town and county of the town of Kingstonupon-Hull; and in order thereto, the said trustees, or the major part of them, are hereby empowered and required, from time to time, as occasion
shall be, to summon and call before such jury, and examine upon oath, all Witnesses may be examined
and every person and persons whomsoever, who shall be thought necessary upon Oath. or proper to be examined concerning the premises (which oath any two or
more of such trustees are hereby empowered to administer ;) and the said trustees, or the major part of them, shall, by ordering a view, or otherwise, use all lawful ways and means, as well for their own as for the said jury's information in the premises; and after the said jury shall have enquired of and assessed such value and recompence, they the said trustees, or the major part of them, shall thereupon adjudge the sum or sums of money so assessed
by the said jury to be paid to the said person or persons, according to the Verdict of Jury verdict of such jury; which said verdict shall be final, binding, and conto be final.
clusive, to all intents and purposes whatsoever, against all parties and persons whomsoever; and for summoning and returning such juries, the said trustees, or the major part of them, are hereby empowered to issue their warrant or warrants to the sheriff of the said town and county of the town of Kingstonupon-Hull, commanding him to im pannel, summon, and return an indifferent jury of twenty-four men of the said town and county, but not being justices of the peace, to appear before the said trustees, or the major part of them, at
such time and place as in such warrant or warrants shall be appointed ; and Sheriff to summon a Jury,
such sheriff, or his deputy or deputies, is and are hereby required to im pannel, sumnion, and return such number of persons accordingly, and out of the persons so impannelled, summoned, and returned, or out of such of them as shall appear upon such summons, the said trustees, or the major part of them, shall, and they are hereby empowered and required to swear, or cause
to be sworn, twelve men, who shall be the jury for the purposes aforesaid ; Jarors may be
and in default of a sufficient number of jurymen, the said sheriff, or his challenged.
deputy or deputies, shall return other honest and disinterested men, not being justices of the peace, either of the standers-by or that speedily can be · procured to attend that service, to the number of twelve; and all persons
concerned shall have their lawful challenges against any of the said jury
men when they come to be sworn, but shall not challenge the array; and Trustees may impose Fine on the said trustees, or the major part of them, shall have power from time to Sheriff, &c. mak. time to impose any reasonable fine or fines on such sheriff, or his deputy or ing Default. deputies, bailiffs or agents, making default in the premises, and on any of
the persons that shall be summoned and returned on such jury and shall not appear, or that shall refuse to be sworn on the said jury, or being so sworn, shall refuse to give or not giving their verdict, or in any other manner wilfully neglecting their duty therein, contrary to the true intent and meaning of this act, and on any of the persons who being required to give evidence before the said jury, shall refuse or neglect to appear, or appearing shall refuse to be examined, or to give evidence; which fine or fines shall not exceed the sum of ten pounds upon any one person, and shall be recovered by distress and sale of the offender's goods and chattels, by warrant or warrants under the hands and seals of any two or more of such
trustees, and shall be applied for the purposes of this act. On Payment or X. And be it further enacted, That upon payment of the money so agreed Tender of the
to be paid for such purposes, or to be assessed as aforesaid, or upon tender Money, Premises to be vested in
thereof to such persons as aforesaid, or to their agents, and in case of want Trustees.
of opportunity to tender, or of refusal to accept the same, then upon leaving the same in the hands of the town clerk of the said town and county of the
town of Kingston-upon-Hull, or his deputy, to be applied to and for the 23 Geo. III. use of such person and persons as aforesaid, it shall be lawful for the said mayor and burgesses of the town or borough of Kingston-upon-Hull, and their successors, their surveyors, workmen, or agents, to take possession of the said piece or pieces, of ground, tenements, or hereditaments; and that for the purpose the same, and every part thereof, sball be, and the same are hereby of building a declared to be, vested in the said mayor and burgesses, and their successors, New Gaol. for the purpose of building, erecting, and making, a common gaol for the said town and county of the town of Kingston-upon-Hul), for the confinement of criminals, debtors, and others, and also proper places for the residence of the gaoler, bis officers and assistants, and for such other conveniences, accoinmodations, and purposes, as may be necessary or expedient.
XI. And be it further enacted, That when the said piece or pieces of Power to build a ground, tenements, or hereditaments, shall be purchased, it shall be lawful new Gaol. for the justices of the peace for the said town and county, or the major part of them, at any general or special sessions assembled, to cause to be built. erected, made, and finished upon the same, a sufficient and convenient gaol, for nfinement of
of criminals, debtors, and others, and other proper places, for the residence of the said gaoler, and his officers and assistants, and such other buildings, yards, places, wells, reservoirs of water, and conveniences, as shall be judged requisite by the said justices at their said general quarter sessions, or at any other of their sessions as aforesaid, for the reception, safe custody, and reasonable, beatbful, and proper accommodation of such persons as shall by law be committed to, or confined in, the same; wbich gaol, when built and finished, shall be, and is hereby declared to be a public and common gaol for the said town and county of the town of Kingston-upon-Hull, and shall, from time to time, be maintained, supported and repaired by the mayor and burgesses of the said town or borough of Kingston-upon-Hull; and the sheriff of the said town and county of the town of Kingston-upon-Hull for the time being, shall have the keeping of the said gaol, and shall have power, and is hereby required, when the said gaol is made fit for the reception and safe custody of prisoners, to remove thither all such prisoners as shall then be in bis custody; which removal shall be lawful, and shall not be deemed to be an escape; and that after such removal, it shall be lawful for the said justices at their
Old Gaol to be said general quarter sessions, or such other of their sessions as aforesaid, to taken down. cause the present gaol for the said town and county to be taken down, Materiale how to and the materials thereof either to use, or cause to be used, in or about the be disposed of. building or finishing such new gaol, or to sell, or cause the same to be sold; and also that it shall be lawful for the said justices, and they are hereby authorized and required, to sell the ground on which the present gaol stands, and apply the money arising as well from the sale of the said materials in case the same shall be sold, as from the sale of the said ground, towards the expence of building and finishing such new gaol. XII. Provided always, and be it further enacted, That it shall be lawful
Sheriff to have for the sheriff of the town and county of the town of Kingston-upon-Hull the
the same Privi. for the time being, bis officers and assistants, from time to time, and at all leges as formerly. times, to have, use, exercise and enjoy, in respect of the said new gaol, all such rights, privileges and customs, as have been heretofore used, exercised or enjoyed, or lawfully claimed, by the sheriffs of the town and county of the town of Kingston-upon-Hull, in respect of the old gaol, any thing herein contained to the contrary notwithstanding.
XIII. And for the raising money to purchase the ground, tenements, and Justicesin See hereditaments for the building, erecting, making, and finishing such new sions empowered gaol, buildings and conveniencies as aforesaid, and other the purposes of to raise Money this act respecting the said gaol, and also one third part of the charges and for the purposes
of the Act, expences in passing this act: Be it further enacted by the authority afore. , said, That it shall be lawful for the justices of the peace for the said town and county of the town of Kingston upon-Hull, at their next general or quarter sessions to be held for the said town and county, after the passing of this act, or at any other subsequent general or quarter sessions. to con
and to make such several assessments as shall be judged expedient, on all the occupiers of houses, lands, tenements and hereditaments within every town, hamlet, place, or other division in the
23 Geo. Ill. said town and county of the town of Kingstop-upon-Hull, and the limits,
precincts, and liberties thereof, to be settled, regulated, ascertained, and proportioned according to the value of all such houses, lands, tenements, and bereditaments within the same; which rates and assessments so directed to be made, shall not, in the whole, exceed the sum of two thousand five hundred pounds, nor in any one year the sum of fourpence in the pound;
and after such rates and assessments shall be so made, the said justices shall i have power, and they are hereby authorized and required, to cause the same
to be collected and paid ; which assessment so paid by the occupier, shall be allowed to him by his landlord in his first rent and be accounted for by the persons making such collections, in such manner, and by such means, with such power of levying and enforcing the collection and payment thereof, and of punishing all persons whose duty it shall be to collect and account for the same, and who shall make default therein, as any county rate whatsoever may, by an act, made in the twelfth year of the reign of his late Majesty King George the Second, intituled “An Act for the more “ easy assessing, collecting and levying of county rates," or by any other act or acts of parliament, or law now in being, be assessed, collected, received, levied, paid or accounted for ; and such assessments when received shall from time to time be paid by the person or persons who shall hereafter for the time being be appointed as the treasurer or treasurers for the said town and county, to the said justices so assembled as aforesaid, or to such person or persons as they shall by order of court appoint to receive the same ; and the receipt of such justices, or of such person or persons as shall be so appointed as last mentioned, shall be a full and sufficient dis
ebarge to such treasurer and treasurers for the payment of such money. Officers paying
XIV. And be it further enacted, That the several and respective parothe Rates, may
chial officers, or other persons, who shall pay, or be liable to pay the rates assess the same. or assessments which shall be made or rated for the purposes of this act,
upon any town, parish, hamlet, place, or division within the said town and county, or the limits, precincts and liberties thereof, and also all such paro. cbial officers and persons upon whom any such rates or assessments shall be levied, shall and may, from time to time (after notice shall be given of the amount of the rate or assessment upon such town, parish, hamlet, place, or division, either before the payment thereof by such parochial officers or persons, or after the same shall have been actually paid by or levied upon such officers or persons) rate and levy such money, by a separate and distinct rate and assessment, upon every such respective town, parish, hamlet, town corporate, or place, in such manner and proportion, and with such powers for the recovery thereof, as any other county rate may be assessed
or levied.. . For empowering XV. And for as much as the money so to be collected by the receipts of the Trustees for the said rates or assessments by this act laid and made payable as last menthe Gaol to bor. + row Money upon
tioned, may not immediately be suficient for the purposes to which the the Rates.
same is to be applied ; Be it therefore enacted by the authority aforesaid, That the said justices, or any two of them, shall and may, and they are hereby empowered, from time to time, by any writing or writings (with." out any stamp to be impressed thereon) under their hands and seals, to assign over the rates and assessments last mentioned to arise by virtue of this act, or any part thereof (the costs and charges of assigning or morto gaging the same, to be borne and paid out of such rates and assessments) as a security for any sum or sums of money by them to be borrowed for that purpose, to such person or persons as shall advance and lend the same, to secure the repayment thereof, with such interest as shall be agreed upon, not exceeding five pounds per centum per annum ; which money so to be borrowed shall be applied and disposed of as the said rates or assessments last mentioned are by this act directed to be applied and disposed of, and to no other use or purpose whatsoever.
XVI. And be it further enacted, That all the necessary charges and exApplication of Money.
pences that have been or shall be sustained or expended in or about the procuring of this present act of parliament herein before directed with respect to the said gaol, shall, in the first place, be satisfied and paid out of the money to be raised by virtue of the said rate or assessment; and that after such charges and expences, and the charges and exp'ences of purchase ing such ground, tenements and hereditaments as may be necessary for the
purposes aforesaid, and of erecting, building, making, finishing, and com- 2 Geo. IV. pleting the said new gaol, buildings, and conveniencies, and all debts to be
c. 45. incurred thereby, shall be fully paid and satisfied, the surplus of the money to be raised and levied by virtue of the aforesaid rate or assessment, shall by order of the said justices so assembled at their general or quarter or other sessions, to be held as aforesaid, be returned and paid to the persons who shall have paid such rate or assessment, in proportion to what they shall have respectively paid thereto. XVII. Provided always, and be it enacted, That nothing herein con- That no Dwell,
ing House, Yard, tained shall extend to enable the said trustees to purchase any dwelling
or Garden witbin house, yard, or garden belonging to any dwelling-house within the said the Town and town and county of the town of Kingston-upon-Hull, for the purpose of County of the
Town of Hull erecting the said Gaol thereon, without the consent and agreement of the
shall be purchasowners or proprietors thereof respectively; and in case of the infancy of any ed for erecting a such owners or proprietors, without the consent of his, her, or their
or their Gaol thereon,
without the conguardian or guardians.*
sent of the Owner.
KINGSTON-UPON-HULL GAS LIGHT COMPANY.
2 Geo. IV. Cap. 45. Royal Assent, 19th April, 1821. An Act for Lighting with Gas the town of Kingston-upon-Hull,
and certain places adjacent thereto. 1. WHEREAS the town of Kingston-upon Hull, in tbe county of the same town; the lordship of Myton and liberty of Trippett, both in the said county; and also the parish of Sculcoates, in the county of York; are large and populous, and it would be of great benefit to the inhabitants thereof and to the public at large, if the streets and other publie passages and places therein were better lighted.
II. And whereas the mayor and burgesses of the said town are the lords of the soil of the market-place, and of the principal streets, lanes and other public places within the said town, and also lords of the manor or lordship of Myton aforesaid.
III. And whereas inflammable air or gas may be obtained from oil, coal and other materials; and coke, tar, pitch, asphaltum, ammoniacal liquor and essential oil, may be procured from coal and other substances.
IV. And whereas the said inflammable air or gas being conveyed by means of pipes, may be safely and beneficially used for lighting the several streets, squares, market-places, courts, yards, passages, lanes and other places within the said town, lordship, liberty and parish, and for lighting private houses, shops, counting houses, warehouses and public works, and manufactories and other buildings; and the said coke may be usefully employed as fuel, and the said oil, tar, pitch, asphaltum, ammoniacal liquor and essential oil may be used and applied in various ways with great advantage.
V. And whereas the several persons hereinafter named are willing and desirous, at their own costs and charges, to effect the several beneficial purposes aforesaid; but the same cannot be carried fully and completely into execution, without the aid and authority of parliament.
VI. May it therefore please your Majesty, that it may be enacted; and be it enacted by the King's Most Excellent Majesty, hy 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 Anthony Atkinson, John Alderson the younger, John Broadley, William
See sec. 37, 62, 64, 65, 66, 68, 69, 70, 71, 72 and 73 ; page 9, 10, and 11, ante.
2 Geo, IV. Watson Bolton, Christopher Bolton, John Burstall, John Beadle, Richard odc. 45.
Boyle, Samuel Cooper, William Spy vee Cooper, John Norman Crosse,
James Kiero Watson, Thomas Ward, Charles Whitaker, and William Wes. Company it:cor. terdale, and all and every such other person and persons as shall from time porate,
to time become a subscriber and subscribers, and be duly admitted a proprietor and proprietors, as hereinafter mentioned, and their respective
successors, executors, adıinistrators and assigns, shall be and tbey are Their Style. hereby declared to be, one body politic and corporate, by the name of “The
Kingston-upon-Hull Gas Light Corapany,” and by that name shall have perpetual succession and a common seal, and by that name shall and may sue and be sued, plead and be impleaded at ļaw or in equity, and shall and may prefer and prosecute any bill of indictment against any person or persons who shall commit any felony or offence indictable by the laws of this realm ; and the said company shall be established for the purpose of producing inflaimable air or gas, coke, tar, pitch, asphaltum, ammoniacal liquor and essential oil, and other products from oil, coal or other substances, and for lighting the said town of Kingston-upon-Hull, and the said lordship, liberty, and parish or places with gas; and shall have full power from time to time to make contracts or agree with the commissioners, assessors or other persons acting under the authority of any act or acts of parliament, which now is, or are, or which shall hereafter be in force for lighting or otherwise improving the said town, lordship, liberty and parish, any or either of them, or with any other persons or person, body politic, corporate or collegiate, or corporation aggregate or sole, who may be willing to contract or agree with the said company (and who are hereby respectively empowered to enter into contracts with the said company, but subject to and under the provisions, ternis and conditions mentioned and contained in all or any of the said acts of parliament, with respect to the lighting of the said town, lordship, liberty and parish respectively,) for the lighting with gas the said town, lordship, liberty and parish, any or either of them, or of any public streets, squares, market-places, courts, yards, passages, lanes, public buildings, manufactories, shops, counting-houses, warehouses or private houses, or other buildings of whatever denomination the same may be, or any of them, within the said town, lordship, liberty and parish, any or either of them respectively, and to sell and dispose of such coke, oil, tar, pitch, asphaltum, ammoniacal liquor and essential oil, and other produce as
aforesaid. Power to pur. • VII. And be it further enacted, That in order to enable the said company chase Lands, &c. to construct or make gasometers and other manufactories and works
necessary for the purposes of this act, it shall be lawful for the said company, or their committee of management, to be appointed in pursuance of this act for the time being, and they are hereby respectively empowered to contract and agree for the absolute purchase of any lands, tenements or hereditaments, not exceeding in the whole the space of ten acres within the said town, lordship, liberty and parish, or all, any, or either of them, with any body politic, corporate or collegiate, or any tenant or tenants for life, or in fee tail, general or special, or for any term or terns of years · absolute or determinable, on any life or lives, or with any feoffces in trust,
executors, administrators, husbands, guardians, committees for lunatics and sta , 1 idiots, or other trustees whomsoever, not only for and on behalf of them
selves, their heirs and successors, but also for and on behalf of their cestui que trusts respectively, whether infants or issue unborn, lunatics, idiots, femes covert, or other persons under any disability of acting for themselves, and also with all femes covert who are or shall be seised, possessed of, or interested in their own right, or with any person or persons whomsoever, who shall be willing to sell the same, or his, her, or their right and interest in the same, for the uses and purposes of this act; and upon payment of the purchase money for any such lands, tenements or hereditaments to the parties or persons respectively entitled thereto, or upon payment thereof into,