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41 Geo. III.

e. 30.

Persons aggrieved may appeal to the Sensions.

XCVII. And be it further enacted, That if any person or persons shall think himself, herself, or themselves aggrieved by any rate or assessment to be laid or assessed, or by any other order or judgment made or given, or any other thing done in pursuance of this act, or of any rule or by-law to be made in virtue thereof, such person or persons shall and may, within six calendar months next after the cause of complaint shall have arisen under, or from any act or acts made or done by the said coinmissioners, or of any justice or justices acting in and for the said East Riding of the county of York, appeal to the justices of the peace at the general quarter sessions of the peace, to be holden in and for the said East Riding of the county of York, such appellant in either case first giving or causing to be given twenty-one days notice at the least in writing, of his, her, or their intention to bring such appeal, and of the matter thereof, to the clerk for the time being to the said commissioners, in case such appeal is from any act or acts made or done by the said commissioners, or of any justice or justices acting in and for the said East Riding of the county of York, and to the person or persons who is or are interested, to be or may be affected by any such appeal, and within twenty-one days after notice entering into a recognizance before some justice of the peace of the said East Riding of the county of York, as the case of such appeal shall be, with two sufficient sureties conditioned to try such appeal, and to abide sach order as shall be made, and to pay such costs as shall be awarded by the justices at such quarter sessions, or at any adjournment thereof, shall and may summons the witnesses both on the part of the appellant and respondent, to appear at such sessions, and upon due proof of notice having been given, and of entering into recognizance as aforesaid, shall hear and finally determine the causes and matters of every such appeal in a summary way, and shall award such restitution, damages, and costs, to the party or parties appealed against, and with or without the whole or any part of the costs, charges, and expences of prosecuting or defending such appeal, as the said justices shall think proper; and the determination shall be final, binding, and conclusive, to all intents and purposes.

XCVIII. And be it further enacted, That this act shall be deemed, adjudged, and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.

Public Act.

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An Act for making and establishing public Quays or Wharfs at

Kingston-upon-Hull, for the better securing His Majesty's revenues of customs, and for the benefit of commerce in the port of Kingston-upon-Hull: for making a Bason or Dock, with reservoirs, sluices, roads, and other works, for the accommodation of vessels using the said port; and for appropriating certain lands belonging to His Majesty, and for applying certain sums of money out of His Majesty's customs at the said port for those purposes; and for establishing other necessary regulations within the town and port of Kingston

upon-Hull.

1. WHEREAS in and by an act of parliament, made in the fourteenth year of the reign of King Charles the Second, intituled, An Act for preventing frauds and regulating abuses in his Majesty's customs; reciting, amongst other things, that, in and by an Act of parliament, made in the 14 Car. 13. first year of queen Elizabeth of famous memory, directing when and where

recited. merchandise should be landed, and customs paid, it was amongst divers other things enacted and ordained, that no goods, wares, or merchandise should be shipped or loaden aboard any ship or vessel, or landed or discharged out of or from any ship or vessel, but in or upon some such open place, quay, or wharf, places, quays, or wharfs (except the port of Hull.) as her highness, her heirs and successors, should therefore assign and appoint, by virtue of her highness's commission or commissions within the port of London, and in all ports, creeks, havens, or roads : and also reciting, that, notwithstanding the aforesaid act, there were some ports, creeks, and places where customers, collectors, and comptrollers and searchers, and their servants had then, time out of mind, been resident, to which no such commissions were sent, nor places, quays, or wharfs appointed, as by the said act was directed: and further reciting, that since that time, by reason of the alteration of rivers, streams, channels, and sands, some places then ap. pointed were become unfit and useless, and others much more convenient and commodious, as well for traffic and commerce as for landing and discharging, lading and shipping of goods, wares, and merchandise: it was therefore by the said recited act, made in the fourteenth year of the reign of his said late Majesty King Charles the Second, amongst other thing's enacted and ordained, that the King's Majesty might, from time to time, by bis highness's commission or commissions out of his court of excheques,

2980.

[Part 10

Ship Docks and Quays. 14 Ged, 111. assign and appoint all such further places, ports, members, and creek's fex.lo ex 56. .

cept the town of Hull, l'as should be lawful for the landing and dischargingas
lading or shipping, of any goods, wares, or merchandise, within the Kingz
dom of England, dominion of Wales, or port or town of Berwick-tipons'i
Tweed, and to what ancient and head ports respectively such places,'?
members, or creeks should belong and appertain: and where any such
member, creek, or place, should be so as aforesaid appointed" by virtue of
the said coniniission or commissions, the customer, collector, comptroller,"
and searcher of the head ports should, by themselves or their sufficient
deputy or deputies, servant or servants, reside and inhabit for the entering,
clearing, and passing, shipping and discharging of ships, geods and mera
chandise ; and, by virtue of the aforesaid commission or commissions, might
likewise set down and appoint the extents, bounds, and limits, of every
port, haven, or creek, within his Majesty's kingdom of England, dominion
of Wales, and town and port of Berwick, whereby the extents, limits, and
privileges of every port, haven, or creek, might be ascertained and knowlt;
and that it should not be lawful for any person or persons whatsoever to
lade or put, or cause to be laden or put, off or from any quay, wharf, or
other place, on the land, into any ship, vessel, lighter, boat, or bottom, any
goods, wares, or merchandise whatsoever, (fish taken by his Majesty's 'subo
jects, sea coal, stone, and bestials only excepted,) to be transported into
any place of the parts beyond the seas, or carried by land into the realm of
Scotland, or to take up, discharge, or lay on land, or cause or procure to be
taken up, discharged, or laid on land, out of any boat, lighter, ship, vessel,
or bottom (being not in leak or wreck,) any goods, wares, or mercband se
whatsoever (fish taken by his Majesty's subjects, bestials, and salt only!
excepted,) to be brought from any of the parts beyond the seas, or by land
from the realm of Scotland, by way of merchandise, but only upon such
open place, quay, or wharf, places, quays, or wharfs, as his Majesty should,
from time to time, assign and appoint, by virtue of such commission' and
commissions as aforesaid, in his Majesty's port of London, and the members
and liberties thereof, and in any port, place, member, or creek, within his
Majesty's kingdom of England, dominion of Wales, and town and port of
Berwick, without special sufferance and leave first had from the commis-
sioners and officers of his Majesty's customs, upon the penalty of the fore
feiture of all such goods, wares, and merchandise, as by the last recited act,
relation being thereunto had, it doth and may, amongst other things therein
contained, more fully appear: and whereas since the passing of the said
recited'acts, the trade and commerce of the port of Kingston upon-Hull are
greatly increased, and it is highly expedient, for the security and improve
ment of the public revenue, and for the advantage of commerce, that lawful
quays should be established at the said port, for the shipping and landing

of goods and merchandise imported there, and exported from thence, in mis on f such manner as is hereinafter expressed; which, by reason of the exception

in the said before-recited acts, cannot be done without the interposition of parliament; may it therefore 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 His Majesty from and after the passing of this act, it shall be lawful for his Majesty, empowered to

his heirs and successors, from time to time, by his and their commission or ar point open Quays at Hull.

commissions out of the court of exchequer in England, to assign and ap. point such open places, quays, or wharfs, at Kingston-upon-Hull, on the west side of the harbour, and on the walls adjoining the town's ditches, to be lawful open places, quays, and wharfs, for the landing and discharging, lading and shipping, of all goods, wares, and merchandises, exported to or im ported from foreign parts, and to set down, appoint, and settle the extents, bounds, metes, and limits thereof, subject hevertheless to such provisions and

regulations as are hereinafter in that behalf expressed or declared ; and that it No Person to

shall not be lawful for any person or persons whatsoever to ladé or put, of ship Grods for Exportation.

cause to be laden or put, off or from any quay, wharf, or other place, on the land within the said port of Kingston-opon Hull, into any ship, vesser, lighter, boat, or bottom, any goods, wares, or merchandise whatsoever fexu eept fish taken by his Majesty's subjects, sea coal, stone, and bestials; juta bie transported into any place beyond the seas, or to take up, discharge, or lay

on land, or cause or procure to be taken up, discharged, or laid on land, out 14 Geo. Ir. of any boat, lighter, sbip, vessel, or bottom (being not in leak or wreck,).. C 56.14 any goods, wares, or mercliandise whatsoever (fish taken by his Majesty's subjects, bestials, and salt only, excepted,) to be brought from avy, of the parts beyond the seas, by, way of merchandise, but only upon such open Exception. plase, quay, or wharf, places, quays, or wharfs, as his Majesty, his heirs or successórs, shall from time to time assign and appoint, by virtue of such commission, or commissions as aforesaid, at Kingston-upon-Hull, on the west side of the Harbour, and on the walls adjoining the town's ditches, or off, from, or ujon, such quays or wliarfs as sliall be built and provided in pursuance of this act, in manner hereinafter nientioned, without special sufferance or leave first had from the commissioners, or officers of his Majesty's customs, upon the penalty of the forfeiture of all such goods, wares, and merchandises, so laden or discharged, contrary to the true meaning of this act, or the value thereof; any thing in the before-recited acts, or any other law, usage, or custom to the contrary notwithstanding. .

11. Provided always, and be it enacted, That no such open places, quays, No Wharfs, &c. o wbarfs so to be appointed, shall extend or project above fifteen feet from

shall project

above 15 Feet the outermost part of the present buildings into tbe haven.

from the present III. And whereas there are certain staitbs situate on the west side of the Buildings." river Hull, between Thomas Waiton's ship yard, and a certain staith ealled Proprietors of Rotten Herring Staith, at which staiths the proprietors thereof have, for Slaiths on the time immemorial, landed and discharged, laden and shipped, goods, wares,

West Side of the

y River allowed to and merchandise : and whereas it is reasonable that this privilege should be make Wba: fs. continued to the proprietors of the said staiths; be it tberefore further enacted by the authority aforesaid, That when and as soon as the bason or dock bereinafter mentioned, and directed to be made, shall be fit for the reception of loaded ships, and not sooner, it shall be lawful for all and every the proprietors of the said staiths, to build and make, at their own expence and charge, commodious quays or wharfs opposite to their said staiths respectively, to be erected upon piles of wood, and not otherwise, and to project into the haven of the said river Hull fifteen feet, to be open at all tines to the officers of his Majesty's revenue, by a free and clear com. munication with the common staiths adjoining ; on which quays or wharfs, when so made and erected, it shall be lawful to ship off, land, and discharge all goods called sufferance goods; that is to say, lead, hemp, iron, flax, yarn, timber, raff, and all other goods and merchandise whatever, which are permitted to be shipped off or landed in the port of London, as sufferance goods, and under the like regulations.*

IV. Provided always, and it is hereby enacted and declared, That all Drains em common sewers or drains, which shall empty themselves into the said haven into the Haven to in tbe length of the quays or wharfs above described, shall be secured, at be secured at the

End. the end next the river, with strong iron bars, not more than two inches asunder; any thing above contained to the contrary notwithstanding. it

V. And be it further enacted, That the said quays or wharfs shall be Regulations in erected upon two rows of piles only, except where the foundation of the building the ground appears to be such as to require a larger number of rows, which. Wiarfs, &c. number shall, in case of dispute, be settled and determined by two able disinterested engineers, to be appointed, one by the commissioners for executing this act, or any thirteen or more of them, and the other by the trustees of the Holderness drainage, hereafter mentioned, or any five or more of them, and they are hereby respectively required to appoint such engineers accordingly, and the determination of such engineers shall be final and conclusive.

VI. Provided always, and be it enacted, That all and every the pro. Proprietors of prietors of the said staiths shall, and they are hereby required, within sta

Staiths to remove

Baoks, &c. eighteen calendar months after the first sufferance quay or wharf shall have beyond 35 Feet been erected or built, in pursuance of this act, to cleanse, scour, open, from the outerdeepen, wideu, or cut through and take away, at their own costs and most parts of the

Staiths. charges, all banks, hills, earth, soil or rubbish, beyond thirty-five feet from the outermost part of the staiths or warehouses already built and erected upon the west side of the haven of the said river Hull, as low as low-water mark, from Thomas Walton's ship yard to Rotten Herring Staith; and also to make and preserve the beach in such manner that the same may slope or * Forfurther provisiaus affetting Proprjetort of Staiths, see 23 Geo III. c. 55 -51. &e. past. Bl 10 dozio U 326321 ; ! ! Evil m i

3261

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14 Geo. III. batter two feet at least for every foot of perpendicular rise from the said :.c. 56.

low-water mark in the said haven, to within fifteen feet of the present

staiths or warehouses, and so as at the level of the ground, without the said w

distance of thirty-five feet from the present staiths or warehouses, shall be Louwuter Mark equal in a line or height with the said low-water koark. to be determined VII. And, in order to prevent disputes about the line or height of the by Two Engi. said low-water mark, be it further enacted, That the same shall be settled neers.

and determined, within twelve calendar months after the passing of this act, by Thomas Tofield and John Grundy esquires.

VIII. And be it furtber enacted, That in case the said Thomas Tofield In case the Engi. neers disagreea and John Grundy shall not agree, then it shall and may be lawful for them, Rrforee to be and they are hereby authorized and required, 'to nominate some other noininated. . engineer to be an umpire or referee; and the determination of the said

* Thomas Tofield, John Grundy, and the said other engineer, or apy two of them, as to the low.water mark in the said haven, shall within twenty days after the same shall have been agreed upon, be set forth, in writing, and ove copy thereof signed by them, or any two of them, shall be delivered to the commissioners for executing this act, or their clerk, and another copy thereof to the trustees for executing two several acts, made in the fourth and sixth years of his present Majesty's reign, for draining certain low grounds and carrs in Holderness, in the East Riding of the county of York, or to their clerk ; and the said determination shall be final and conclusive as to

the line or height of the said low-water mark. In case of the IX. And be it further enacted, That in case the said Thomas Tofield shall Death or Refusal die, or refuse or neglect to act, then it shall and may be lawful for the said to act of Mr. Tofield or

trustees for draining the said low grounds and carrs in Holderness, or any Mr. Grandy,

five or more of them, and they are hereby required, within two months others to be after such death, refusal, or neglect shall be known, to nominate and apchosen.

point one other engineer, of known abilities and reputation, and not concerned in any office or trust under the said trustees, in the room of the said Thomas Tofield; or in case the said John Grundy shall die, or refuse or neglect to act, then it shall and may be lawful for the said commissioners for executing this act, or any thirteen or more of them, and they are hereby required, within two months after such death, refusal, or neglect shall be known, to nominate and appoint one other engineer of known abilities and reputation, and not concerned in any office or trust under the said commissioners, in the room of the said John Grundy; and the person or persons so respectively nominated and appointed, shall bave the same power and authority to determine the line or height of the said low-water mark, as the person or persons, in whose room hé or they shall succeed was or were

vested with. Penalty o

X. And be it further enacted, That in case any of the proprietors of the Proprietors not. said staiths shall not, within eighteen calendar months after the first sufremoving Banks, &c. beyond 35

18, ferance quay or wharf shall have been erected or built, in pursuance of Feet Distance of this act, cleanse, scour, open, deepen, widen, or cut through and take away, the Staiths. all banks, bills, earth, soil, or rubbish beyond thirty-five feet from the

outermost part of their respective staiths or warehouses as low as the said low-water mark; or to make and preserve the beach, in such manner that the same may slope or batter two feet at least for every foot of perpendicular rise from the low-water mark in the said haven, as shall be settled by the said engineers, and so as that the level of the ground, without the said distance of thirty-five feet from the present staiths or warehouses, shall be equal in a line with the said low-water mark; or shall, at any time, after

that the said slope or batter is made, and after the said banks, hills, earth, · soil or rubbish shall be so removed, neglect to keep the same properly

sloped, cleansed, scoured, opened, deepened, widened, or cut through and taken away, in manner directed by this act; then and in that case it sball and may be lawful to and for the commissioners for executing this act, or any thirteen or more of them, and they are hereby authorized and required, within three months after notice or complaint, in writing, shall have been delivered to their clerk or treasurer, signed by the said trustees for draining the said low grounds and carrs in Holderness, or any five or more of them, from time to time, to cleanse, scour, open, deepen, widen, or cut through and take away, all banks, bills, earth, soil, or rubbish, beyond thirty-five feet from the outermost part of the staiths or warehouses of any proprietor,

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