41 Geo. III. c. 30. Persons aggrieved may appeal to the Sessions. Public Act. XCVII. And be it further enacted, That if any person or person's 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 commissioners, or of any justice or justices acting in 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 such 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. 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 Kingstonupon-Hull. recited. 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. II. first year of queen Elizabeth of famous memory, directing when and where 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 appointed 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 kis highness's commission or commissions out of his court of exchequer, 238 14 Geo. III. e. 56. His Majesty empowered to appoint open Quays at Hull. assign and appoint all such further places, ports, members, and creeks (except the town of Hull,) as should be lawful for the landing and discharging. lading or shipping, of any goods, wares, or merchandise, within the king dom of England, dominion of Wales, or port or town of Berwick-upon-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 commission 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, goods and mer. 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 s privileges of every port, haven, or creek, might be ascertained and known; 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 sub 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 merchand 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 commissioners and officers of his Majesty's customs, upon the penalty of the for 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 nore fully appear: and whereas since the passing of the said recited acts, and commerce of the port of Kingston-upon-Hull are greatly increased, and it is highly expedient, for the security and improvement 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 Deinen 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 from and after the passing of this act, it shall be lawful for his Majesty, his heirs and successors, from time to time, by his and their commission or 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 imported from foreign parts, and to set down, appoint, and settle the extents, bounds, metes, and limits thereof, subject nevertheless to such provisions and regulations as are hereinafter in that behalf expressed or declared; and that it shall 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 within the said port of Kingston-upon-Hull, into any ship, vessel, lighter, boat, or bottom, any goods, wares, or merchandise whatsoever (ex cept fish taken by his Majesty's subjects, sea coal, stone, and bestials,) to be transported into any place beyond the seas, or to take up, discharge, or lay No Person to ship Goods for Exportation. } 14 Geo. I e. 56. on land, or cause or procure to be taken up, discharged, or laid on land, out III. And whereas there are certain staiths situate on the west side of the river Hull, between Thomas Waiton's ship yard, and a certain staith called Rotten Herring Staith, at which staiths the proprietors thereof have, for time immemorial, landed and discharged, laden and shipped, goods, wares, and merchandise: and whereas it is reasonable that this privilege should be continued to the proprietors of the said staiths; be it therefore 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 tinies to the officers of his Majesty's revenue, by a free and clear communication 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 common sewers or drains, which shall empty themselves into the said haven in the length of the quays or wharfs above described, shall be secured, at the end next the river, with strong iron bars, not more than two inches asunder; any thing above contained to the contrary notwithstanding. V. And be it further enacted, That the said quays or wharfs shall be erected upon two rows of piles only, except where the foundation of the ground appears to be such as to require a larger number of rows, which 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 proprietors of the said staiths shall, and they are hereby required, within eighteen calendar months after the first sufferance quay or wharf shall have been erected or built, in pursuance of this act, to cleanse, scour, open, deepen, widen, or cut through and take away, at their own costs and 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 For further provisious affecting Proprietors of Staiths, see 23 Geo. III. c. 55 s, 51, &e. post. No Wharfs, &c. shall project above 15 Feet Buildings." West Side of the Drains emptying into the Haven to be secured at the End. Regulations in building the Wharfs, &c. Proprietors of Staiths to remove Banks, &c. beyond 35 Feet from the outermost Parts of the Staiths. 14 Geo. III. c. 56. Low-water Mark to be determined by Two Engi neers. In case the Engineers disagree, a Referee to be nominated. In case of the to act of Penalty on Proprietors not removing Banks, &c. beyond 35 Feet Distance of the Staiths. batter two feet at least for every foot of perpendicular rise from the said 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 distance of thirty-five feet from the present staiths or warehouses, shall be equal in a line or height with the said low-water mark. VII. And, in order to prevent disputes about the line or height of the said low-water mark, be it further enacted, That the same shall be settled and determined, within twelve calendar months after the passing of this act, by Thomas Tofield and John Grundy esquires. VIII. And be it further enacted, That in case the said Thomas Tofield and John Grundy shall not agree, then it shall and may be lawful for them, and they are hereby authorized and required, to nominate some other engineer to be an umpire or referee; and the determination of the said Thomas Tofield, John Grundy, and the said other engineer, or any 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 one 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. IX. And be it further enacted, That in case the said Thomas Tofield shall die, or refuse or neglect to act, then it shall and may be lawful for the said trustees for draining the said low grounds and carrs in Holderness, or any five 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 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 com. missioners, in the room of the said John Grundy; and the person or persons so respectively nominated and appointed. shall have 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 he or they shall succeed was or were vested with. X. And be it further enacted, That in case any of the proprietors of the said staiths shall not, within eighteen calendar months after the first sufferance quay or wharf shall have been erected or built, in pursuance of this act, 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 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 shall 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, hills, earth, soil, or rubbish, beyond thirty-five feet from the outermost part of the staiths or warehouses of any proprietor, |