bas low as the said low-water mark, who shall have neglected so to do in batter and preserve the beach, in such XI. And be it further enacted, That in case the said commissioners for executing this act shall, for the space of three months after such notice or beomplaint, as is aforesaid, from the said trustees, neglect or refuse to make such slope or batter, or to remove all banks, hills, earth, soil, or rubbish without the distance and in the manner before mentioned; then and in that case the said commissioners shall, for every month in which they shall eneglect or refuse to remove the cause of such complaint, after the expiration of the said three months, forfeit and pay to the said trustees, the bsum of fifty pounds; which said sum of fifty pounds shall and may be recovered by the said trustees, by action of debt, bill, plaint, or information (against the said commissioners, with double costs of suit, in any of his Majesty's courts of record at Westminster, in which no essoign, protection, privilege, wager of law, or more than one imparlance, shall be allowed; and the said sum, when recovered by the said trustees, shall be by them applied for the purposes of the said drainage. Trustees. Penalty 50£. on Trustees acting, not being duly qualified. XII. And be it further enacted, That no trustee for executing the said Qualification of two 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, shall be capable of acting in the execution of any of the powers by this act given to the said trustees, unless he shall be actually possessed of lands, tenements, or hereditaments, of the annual value of fifty pounds; or shall be possessed of a personal estate to the amount of two thousand pounds above reprizes; or shall be heir apparent of a person pos sessed of lands, tenements, or hereditaments, of the annual value of one hundred pounds; and if any trustee, not so qualified, shall act in the execution of any of the powers by this act given to the said trustees of the Holderness drainage, every such trustee shall forfeit and pay the sum of fifty pounds; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster, together with double costs of suit, by any person who will prosecute or sue for the same. XIII. And whereas there are certain common staiths on the west side of the said river Hull, known or distinguished by the several names of Shields Staith, Salters Lane Staith, New Staith, Chapel Lane Staith, Bishop Lane Staith, Scale Lane Staith, Church Lane Staith, Rotten Herring Staith, Horse Staith, and two other common Staiths, in a place in the said town of Kingston-upon-Hull called The Ropery, which, for time immemorial, have been repaired by the mayor and burgesses of the same town; be it therefore enacted, That the said mayor and burgesses, and their successors, shall be deemed the proprietors of all and every the last-mentioned staiths, for the purposes of this act; and shall have the like power to build or make quays or wharfs opposite such staiths, and to use, hold, and enjoy the same, in like manner as any other proprietor is enabled to do by virtue of this act; but nothing herein contained shall extend to prevent the free landing of any such goods, materials, or other things, merchandise excepted, as have been accustomed heretofore to be landed at any such common staiths, free of wharfage to the proprietors of the said staiths. XIV. Provided always, and it is hereby further enacted by the authority aforesaid, That if the owner or proprietor of any quay or wharf, so to be set out as aforesaid, shall not conform to the rules and measures hereby prescribed and directed, or shall at any time discontinue or alter the same, or make new encroachments, contrary to the provisions of this act, and after public notice thereof given by the collector and comptroller of his Majesty's customs at the port of Kingston-upon-Hull, by fixing up a writing, under their hands, where the fault shall be committed, declaring the offence, and limiting a day and time for the amendment thereof, shall not cause the Hh Corporation deemed ProStaiths on the prietors of certain West Side the River. Owners not conforming to their 'rivileges. Rules, to lose same to be amended and removed accordingly; then such quay or wharf shall from thenceforth be no more deemed and taken to be or have the benefit or privilege of a lawful place for shipping, lading, or landing any goods or merchandise, but shall be utterly debarred thereof, unless restored by his Majesty's special warrant; any thing herein before contained to the contrary notwithstanding. XV. And whereas it is necessary that a bason or dock, with reservoirs, sluices, roads, and other works, shall be made and provided, and regula tions established for the proper using thereof, and for the general benefit of all persons concerned in the commerce of the said port of Kingston-uponHull; be it therefore further enacted by the authority aforesaid, That it shall be lawful for the company hereinafter mentioned and described, and they are hereby empowered and required, within the space of seven years from and after the thirty-first day of December one thousand seven hundred and seventy-four, to make a bason or dock, to extend from the river Hull to a certain place in the said town of Kingston-upon-Hull called The Beverley gates, or as near thereto as conveniently may be, and to make the same in all parts equal in depth to the bed of the river, or at least within fifteen inches of the same, for the admission of the loaded ships, and of such width at the least as the ground granted by this act will admit ; and that the said company shall and may likewise cause to be made and provided such reservoirs, sluices, bridges, roads, and other works, requisites, matters, and things, as they shall from time to time adjudge necessary, for the more convenient use of the said bason or dock, and for the general benefit of shipping, and of the trade and commerce of the said port; and the said company shall and may also build or cause to be built, within the said space of seven years, a quay or wharf, of a sufficient and convenient length, for the trade and business of the said town and port, which shall range along the side of the said bason or dock next the town; which quay or wharf shall be deemed and taken to be a legal quay or wharf, for the landing and discharging, lading and shipping of any goods, wares, or merchandise, and shall be of the same effect, to all intents and purposes whatsoever, as if the said quay or wharf had been erected and set out by virtue of his Majesty's commission issuing out of the court of exchequer in England; and that from and im'mediately after the expiration of twelve calendar months after the said bason or dock shall be finished, the practice in the said port of examining and discharging goods on board of ships and vessels shall cease and determine. XVI. Provided always, and it is hereby further enacted, by the authority aforesaid, That if the company hereinafter named shall not build and complete the quay or wharf, along the side of the said bason or dock, in the manner herein before described, and within the time for that purpose abovementioned, it shall be lawful for his Majesty, his heirs and successors, by his and their commission or commissions out of the court of exchequer in England, to assign and appoint such open places, keys, and wharfs, within any part of the said port of Kingston-upon-Hull, in the same manner and with the like powers, and subject to the like rules and restrictions, penalties, and forfeitures, as lawful keys and wharfs are set out and appointed in other ports of this kingdom, any thing herein before contained to the contrary notwithstanding. XVII. And whereas the several persons, bodies corporate and politic, hereinafter named, are willing to begin, carry on, and complete the said bason or dock, and quay or wharf adjoining thereto, and to make and provide such reservoirs, sluices, bridges, roads, and other works, as shall be necessary for accomplishing the design and good purposes intended by this act, in manner and upon the terms and conditions hereinafter mentioned and contained; Be it therefore further enacted by the authority aforesaid, That the mayor and burgesses of the town of Kingston-upon-Hull; the guild or brotherhood of masters and pilots, seamen of the Trinity-House of Kingston-upon-Hull; Joseph Sykes, Josiah Corthine, Joseph Williamson, Henry Maister, Samuel Watson, Henry Etherington, John Porter, John Lambert, Benjamin Blaydes Thompson, John Dixon, Richard Howard, John Howard, Isaac Broadley, William Waller, Joseph Pease, William Welfitt, Hugh Ker, George Fowler, Edward Codd, Robert Thorley, William Travis, Joseph Outram, John Staniforth, Thomas Haworth, Thomas Stack, Valentine Budd, Robert Markland, William King, Thomas Turner, William Hammond, and all and every other person and persons, bodies corporate and politic, who are or shall become subscribers towards the expence of carrying on the works hereby intended, their several and respective successors, executors, administrators, and assigns, together with such person or persons as they or the major part of them shall at any meeting, assembled by writing under their hands and seals, nominate and appoint, shall be, and they are hereby declared to be united into a company, with full power and authority, from time to time, to direct the making, completing, supporting, altering, and maintaining, such bason or dock, and quay or wharf adjoining thereto, and also such reservoirs, sluices, bridges, roads, and other, works, requisites, matters, and things, as they shall think proper, to answer the intent and meaning of this act; and shall for those purposes be one body politic and corporate, by the name of The Dock Company at Kingston-upon-Hull, and by that name shall have perpetual succession, and shall have a common seal, and by that name shall and may sue and be sued, and also shall and may have power and authority to purchase lands to them and their successors and assigns, for the use of the said works, without incurring any of the penalties or forfeitures of the statutes of mortmain. XVIII. And whereas, in order to promote an undertaking so beneficial with respect to his Majesty's revenue, so useful to navigation, and so con ducive to the advancement and security of commerce, his Majesty hath been most graciously pleased to signify his royal consent to grant and appro priate for the purposes before mentioned, and no other, all that piece or parcel of ground, being part of the land belonging to his Majesty's military works at Kingston-upon-Hull aforesaid, called the Town's Ditches, from low-water mark, in the river Hull, leading through and contiguous to the ship yards at the north end of the same town of Kingston-upon-Hull, now in the several occupations of Alderman Benjamin Blaydes and Master Thomas Walton, extending from thence south-west to Beverley gates, and southward as far as Hessle gates in the said town, and from thence eastward to a place called Harry Ogle's Tower, in Kingston-upon-Hull aforesaid, together with, and including the gates, walls, buildings, inner and outer ditches, ramparts, bastions, bridges and bridge-ways, and all other works and things which at the passing of this act are, or heretofore did belong to or were deemed a part of his Majesty's said military works; and all such other buildings and erections as shall at the time of passing this act be thereon (excepting such part thereof as shall, within six calendar months next after the passing of this act, be described with marks or stakes, to be used for the purpose of building a custom-house, with warehouses necessary for the same, under the direction of the commissioners of his Majesty's customs in England, or any four or more of them) Be it therefore further enacted, by authority aforesaid, That from and after the passing of this act, the said piece or parcel of Ground, buildings, works, matters, and things, and all other the premises last before mentioned, and particularly described (except as before excepted) shall be and remain, and the same are hereby given and granted, and shall be applied and appropriated for and to the uses and purposes before mentioned, and for the necessary purposes relative thereto, and no other, freed and discharged of and from all claim, right and title whatsoever of his Majesty, in right of his crown, bis heirs and successors for ever; subject nevertheless to the yearly rent of five shillings, and no more, to be paid by the said company to his Majesty and his successors, in lieu of all rents, services, and duties whatsoever. 14. Geo. III. c. 56. Crown Land granted for the above Purpos Occupiers of the other Buildings to quit; and the Sheriff to deliver XIX. And be it further enacted, by the authority aforesaid, That all and every the several and respective occupiers and persons inhabiting, using, or carrying on any trade or business in or about any such other buildings or erections, which, at the time of passing this act, shall be upon any part of the said ground belonging to his Majesty's said military works, and hereby Refusal. appropriated for the purposes of this act, shall, and they and every of them are hereby severally and respectively strictly enjoined and required to surrender and relinquish the same, and peaceably and quietly to deliver up the possession thereof to the said company, or to such person or persons as they shall authorize to take possession thereof; and in case any such occupier or occupiers, or other person or persons as aforesaid, shall not deliver 14 Geo. III. c. 56. No Buildings to be erected thereon till the Bason, &c. be completed. If Works are not completed in a Land to revert to the Crown. up such possession as aforesaid, before the expiration of three calendar months next after being thereunto required, by a notice, under the seal of the said company, left at the premises respectively, or given to or left at the last or usual place of abode of the person or persons who shall be so required to deliver up possession, then it shall be lawful for the said company to issue a precept or precepts, under their seal, to the sheriff of the said town of Kingston-upon-Hull, to cause possession of the respective premises to be delivered to such person or persons as shall be in such precept or precepts nominated to receive possession of the same, and also to direct the said sheriff to levy such costs as shall accrue by means of the issuing and execution of every such precept, by distress and sale of the goods and chattels of any person or persons who shall have refused or neglected to deliver up such possession as aforesaid, and shall refuse or neglect to pay the same costs; and such sheriff is hereby required to deliver possession, and levy such costs in manner aforesaid. XX. Provided nevertheless, That no building shall be erected by the said company on the grounds hereby granted, except for the convenience and benefit of carrying on the said works, until after the bason and other works hereinbefore mentioned shall be completed; and if it shall be then judged necessary to erect any buildings thereon, no such buildings shall be erected nearer than forty feet to the scite of the present old wall. XXI. And whereas it is necessary, that legal open quays or wharfs, and likewise the other works and conveniences directed and authorised to be certain Time, the made and provided by the company establised by this act, should be built, made, and completed with expedition; Be it therefore further enacted by the authority aforesaid, That at the expiration of seven years from the said thirty-first day of December one thousand seven hundred and seventy-four, or at any shorter space of time, when the said bason and works shall be declared by the said company to be finished, the several works then made and done by the said company, by virtue and under the direction of this act, shall be surveyed and enquired into by two able and experienced engineers or surveyors, one of whom shall be nominated and appointed by the commissioners of his Majesty's customs, under the hands of any four or more of them, and the other by the said company, under their seal; and if such engineers or surveyors shall, in any case, differ in opinion, and shall declare the same in writing, under their hands, they shall immediately by such writing name some skilful person to be the umpire between them, who shall determine the matter in dispute, and his determination shall be final; and the said engineers or surveyors, with the assistance of such umpire, when necessary, shall make an award, under their hands and seals, of the progress that shall then have been had and taken in making the quay or wharf, bason or dock, and all other works by this act meant or intended to be built, made, provided, and done by the said company; and if it shall appear to the said engineers, or surveyors, upon such survey and enquiry, that the said several works and things, or any part or parts thereof, shall not be completed, that then the said engineers or surveyors shall describe in writing under their hands, to be delivered to the said company, what works shall remain undone, or unfinished, that shall be necessary or requisite to be done and completed, within the intent and meaning of this act; all which works the said company are hereby directed and required to cause to be done, made and completed, as soon thereafter as the several and respective circumstances will admit; and in case of neglect or failure therein, and upon the same being reported to the commissioners of his Majesty's customs, under the hands and seals of two engineers or surveyors, to be nominated and appointed in manner herinbefore mentioned, unless it shall appear, to the satisfaction of the said commissioners of his Majesty's customs, or any four or more of them, that the said works, or any part or parts thereof, shall not have been completed, through some unavoidable accident; and likewise unless his Majesty, his heirs or successors, shall be graciously pleased to signify his royal consent, that the time for completing the said several works shall be further continued and extended; that then and in such case all the ground, and the several works, matters, and things, and all other the premises hereinbefore granted, or intended to be granted, to the company herein before constituted, for the uses and purposes herein before mentioned, shall revert to his Majesty, his heirs and successors; and it shall and may be lawful for the collector and comptroller of the customs at King. ston-upon-Hull aforesaid, by the direction of the commissioners of his Majesty's customs, or any four or more of them, for the time being, to enter upon and take possession of the same for the use of his Majesty, his heirs and successors, any thing herein before contained, cr any grant thereof to the contrary notwithstanding. 14 Geo. III. c. 56. Company to repair, &c. the Premises. Company to make a Road from Beverley Bridge. Gate to North Materials for Roads and paving the Quays, how to be got. XXII. Provided always, and it is hereby further enacted by the authority aforesaid, That the said company shall, from time to time, and at all times hereafter, well and sufficiently repair, maintain, support, and cleanse the bason or dock, and the quay or wharf, and all other the works, matters and things by them to be made, built, and provided by virtue of this act. XXIII. And be it further enacted, by the authority aforesaid, That the said company shall have power, and they are hereby authorised and re quired, to cause to be made, supported and repaired, a road forty feet wide at the least, proper for the passage of cattle, carriages, and foot passengers, to lead in such manner, and in such direction as they shall think most convenient, from Beverley gate aforesaid, on the north side of the dock hereby intended to be made, to the bridge called the North Bridge, and from the same North Bridge, in such direction likewise, and in such manner, as to them shall seem most proper, into the town of Kinston-upon-Hull aforesaid. XXIV. And be it further enacted, That the said company, and such persons as shall be employed by them, are hereby empowered to dig, gather, take, and carry away any stones, gravel, sand, or other materials proper for the making or repairing of the said roads, and for paving the said quays and wharfs, out of or from any waste ground or common, without paying any thing for the same; such persons filling up the pits or quarries, levelling the ground, or sloping down the banks, where such materials shall be taken, or railing or fencing off such pits or quarries, so that the same may not be dangerous to passengers or cattle; and also the said persons may, by order of the said company, search for, dig, gather, take, and carry away, for any the purposes aforesaid, cobbles from any part of the sea shore; and likewise all such other materials as aforesaid, in, upon, or out of, from, and over the lands of any person or persons (not being a yard, garden, park, paddock, planted walk, or avenue to any house, or an inclosed ground, planted and set apart as a nursery for trees) paying or tendering payment for the privilege of taking such cobbles, and for the damage done, to the owners and occupiers respectively of the grounds where or from whence any materials shall be digged, gathered, taken, or carried away, or upon, over, or through which the same or any other materials so dug and gathered as aforesaid shall be. conveyed, such equivalent in money as the said company shall adjudge reasonable: and in case of any difference between the said company, or other persons employed as aforesaid, and the owners or occupiers of private lands or property, or any Differences. of them, concerning such payments and damages as aforesaid, the justices of the peace, at their next general quarter sessions, or at the second general quarter sessions at the farthest, to be holden for the East Riding of the county of York, on ten days notice thereof being given in writing by either party to the other, shall hear, settle and determine the matter of such payment and damages; and the judgment or order of the said justices therein shall be final and conclusive to all parties. XXV. And be it further enacted, by the authority aforesaid, That the ground and premises hereinbefore given and granted, and all gates, walls, ditches, ramparts, bastions, bridges, bridgeways, buildings, erections, and other matters and things thereon and thereunto belonging or appertaining, subject to the reversion hereinbefore limited to his Majesty, his heirs and successors, and also all basons or docks, reservoirs, quays, wharfs, works, buildings, and other requisites, roads, ways, matters and things, which shall be made, built, provided or established, by virtue or in pursuance of this act, (except such quays or wharfs, or other works, as shall be made or erected, by virtue of this act, by any of the proprietors of staiths in the haven of the said river Hull) shall be, and the same are hereby vested in the said dock company, and they are hereby authorised and empowered to bring actions, or to prefer bills of indictment against any person or persons who shall damage or injure any of the works to be made, erected, or established by virtue of this act, (except as before excepted) or shall steal, Justices to determine all Ground, Bason, &c. vested in the Company. |