14 Geo. III. c. 56, First Meeting of the Company. Proviso. Clerk and Treasurer, after chosen, to give Security. The Sum of 15,000. granted out of the Reve- or wrongfully take away any of the stones, iron, utensils, or materials, pro vided for or used therein, or for any other the purposes of this act, or wheɛ `shall wilfully do, or suffer, or consent to any thing, whereby damage may accrue to the said basons, quays, wharfs, reservoirs, sluices, bridges, works, matters, and things, or any of them, or any part or parts thereof except as aforesaid; and that the like remedies which are so given to the said com pany, with respect to the premises so vested in them, shall be, and are here o by given to, and may be pursued by the several proprietors of the said staiths, with respect to the quays or wharfs which shall be so made or erected by them; and all the damages which shall be recovered by the said company, by any such suit or prosecution, after deducting the costs of suit, shall be applied to the purposes of this act. to unra uit vamosus lo zub sdt XXVI. And be it further enacted, by the authority aforesaid, That the said dock company shall meet together in the guild-hall in Kingston-uponHull aforesaid, upon that day month next after the passing of this act, whereof fourteen days notice shall be given in the church of the Holy Trinity in the same town, upon a Sunday immediately after divine service, and in the York Courant, or some other public newspaper circulated in that neighbourhood, and also fixed at the exchange, or other public place in Kingston-upon-Hull aforesaid, and proceed to the execution of this act; and that all subsequent meetings of the said company shall be held at such time and place, within the said town of Kingston-upon-Hull, as shall from time time be ascertained at the preceding meeting, and shall be appointed by al notice to be signed from time to time by any three or more of the said com pany, or their clerk or treasurer, and fixed at the said exchange, or other public place, and delivered to or left at the usual or last place of abode of such of the said company as shall be resident within the said town, or thei liberties or precincts thereof, three days at the least before every such meeting; and that all orders and determinations of the said company, shall be at meetings held by virtue of this act, and not otherwise: provided always, that if it shall at any time appear, to any seven or more of the said company, that, for any of the purposes of this act, a special meeting of the said company shall be necessary to be held, it shall be lawful for such seven or more of them, to cause notice to be given thereof in the said church in manner aforesaid, and in the York Courant, or such other public newspaper as aforesaid, and by notice in writing, affixed at the said exchange, or other public place as aforesaid, declaring, in all such notices, the place within the said town, and the time when such meeting shall be desired to be held, the time not being less than six days after such notice given, and likewise specifying, in every such notice, the reason for and intention of such meetings respectively; and the said company are hereby authorised to meet pursuant to such notices, and proceed to the execution of the powers by this act given them, with respect to the matters so specified, and not otherwise; and all such acts and proceedings of the said company at such meetings shall be valid to all intents and purposes, as if the same had been done at meetings in the manner hereinbefore appointed. XXVII. And be it further enacted by the authority aforesaid, That the said company shall, at their first or some subsequent meeting, appoint a clerk or clerks, collector or collectors, receiver or receivers, and a treasurer or treasurers, for the purposes of this act, taking such security for the faithful execution of their respective offices as the said company shall think fit; and out of the money raised by virtue of this act may pay or allow unto such persons such salaries or recompence, yearly or otherwise, for their trouble, as to the said company shall seem meet and reasonable; and may revoke and countermand, alter and vary, such nominations and appoint ments, and salaries or recompence, and make others in their stead, or not, as to them shall seem meet and proper; and that the collector or collectors so to be appointed shall have and enjoy a convenient seat or place in the custom-house of the said port of Kingston-upon-Hull, for the execution of his and their office.. 1194 XXVIII. And, in order to facilitate the execution of the works by this act authorised and directed to be done, and which will be beneficial to his Majesty's 's revenue of customs, be it further enacted, That there shall be issued and paid, out of his Majesty's customs at the said port of Kingstonupon-Hull, the full sum of fifteen thousand pounds of lawful money of Great Britain, in manner aud on the conditions following; that is to say, as soon as the said company shall prove, to the satisfaction of the said commissioners of his Majesty's customs for that part of Great Britain called England, or any four or more of them, that they the said company have expended the full sum of ten thousand pounds towards making the said bason omdock, reservoirs, bridges, roads, or other works, by this act authorised or intended to be done, the said commissioners, or any four or more of them, shall and may direct the collector of his Majesty's customs at the said port of Kingston-upon-Hull, for the time being, to pay to such person or persons as the said company shall, under their seal, authorise to receive the same, out of any monies that shall come to the hands of such collector for the duty of customs, the sum of five thousand pounds, as part of the said sum of fifteen thousand pounds; and when it shall be proved to the commissioners, or any four or more of them, that the said company have expended in the works aforesaid, or any of them, the full sum of twenty thousand pounds, over and above the said sum of five thousand pounds, then the said commissioners, or any four or more of them, shall, in manner and form aforesaid, direct the said collector to pay as aforesaid, the sum of five thousand pounds, in further part of the said sum of fifteen thousand pounds; and that when it shall be made appear to the said commissioners, or any four or more of them, by the report of two able and experienced engineers or surveyors, one of whom to be nominated by the commissioners of his Majesty's customs, under the hands of any four or more of them, and the other by the said dock company, under their seal, that the said company have completed the said works, the said commissioners, or any four or more of them, shall, in manner and form aforesaid, direct the said collector. to pay as aforesaid, the further sum of five thousand pounds, being in full of the said sum of fifteen thousand pounds and in case such engineers or surveyors shall 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 whether the said works are so completed shall be final and conclusive. : XXIX. And, for further enabling the said company to carry on the necessary works before mentioned; Be it further enacted by the authority aforesaid, That it shall be lawful for them the said dock company to raise and contribute amongst themselves a sum of money for that purpose, provided that the said sum so to be raised doth not exceed the sum of eighty thousand pounds in the whole (except as hereinafter mentioned) and that the same be divided into shares of five hundred pounds each; and that no person or persons, body corporate and politic, subscribing thereto or becoming a proprietor in such works, shall become a proprietor or proprietors of less than one share; and that the several shares, when so subscribed, shall be, and they are hereby vested in the persons and bodies corporate and politic herein before described, and their several and respective successors, executors, administrators, and assigns, to their and every of their proper use and behoof, in proportion to the sum they and each of them shall severally and respectively subscribe and pay thereunto; and all and every the said shares shall be deemed to be personal estate, and transmissible as such, and not of the nature of real property; and the said persons, bodies corporate and politic, their several and respective successors, executors, administrators, and assigns, who shall severally subscribe and pay in the sum of five hundred pounds, or such sum or sums as shall be demanded in lieu thereof, towards carrying on and completing the works aforesaid, shall be entitled to and receive, after the said works shall be completed, the entire and net distribution of one proportionable part according to the sum so subscribed, of the profits and advantages that shall and may arise, and accrue, by virtue of the sum and sums of money to be raised, recovered or received by the authority of this act, and so in proportion for any greater number of shares; and each of the said persons, bodies corporate and politic, having such property of one five hundred pounds share in the said undertaking, and so in proportion as aforesaid, shall bear and pay an adequate proportional sum of money towards carrying on the said undertaking in manner hereinafter enacted and appointed.* 0613 Company empowered to create thirty new shares, see 42 Geo. III. c. 91, s. 32, post and thirty more shares by 45 Geo. III. c. 42. s. 5, post. 14 Geo. III. c. 56. Company empowered to raise themselves. Money amongst '14 Geo. III. c. 56. Subscribers to have a Vote for every Share, by themselves or Proxies. If a sufficient XXX. And be it further enacted by the authority aforesaid, That all and every person or persons, bodies corporate and politic, who shall, by virtue of this act, have subscribed or undertaken for one five hundred pounds share of the said eighty thousand pounds, shall be deemed a proprietor or proprietors for so much, and shall have a vote in every public meeting to be held by the said company by virtue of this act, which vote may be given by the said respective persons, bodies corporate and politic, either by themselves or by their proxy or proxies (every such proxy being a proprietor in the said undertaking) duly constituted under the seal of the respective bodies corporate and politic,* and under the hand and seal, or hands and seals, of all other proprietors; and such vote or votes by proxy shall be as good and sufficient, to all intents and purposes, as if such principal or principals had voted in person; and any person or persons, bodies corporate and politic, who shall have one or more such share or shares, shall have liberty by him, her, or themselves, or by his, her, or their proxy or proxies regularly constituted as aforesaid, to give one vote for each such share, not exceeding ten such shares for each such body corporate and politic, and not exceeding two such sharses for any one other proprietor; and whatever question, matter or thing, shall be proposed, discussed, or considered in any public meeting of the said company to be held by virtue of this act, shall be finally determined by the majority of votes and proxies then present, computing one vote for every share to the extent aforesaid. XXXI. Provided always, That if at any public meeting of the said company, there shall not be present, either as principals or proxies, proprietors attend, the Meet-of forty-one shares, then the said meeting shall be deemed to be adjourned ing to adjourn. to that day sevennight, at the same place where such meeting was appointed to be held. Additional Summ of 20,000€. to be raised, if necessary. Rates may be assigned for Payment. Form of XXXII. And be it further enacted by the authority aforesaid, That in case the said sum of eighty thousand pounds, herein before authorised to be raised, shall not be raised as aforesaid, or shall be found insufficient for the making and completing the said bason or dock, and quay or wharf adjoining thereto, reservoirs, sluices, bridges, roads, and other the works hereby authorised to be made, and for all necessary charges and expences relating thereunto; then and in such case it shall be lawful for the said company to borrow and take up at interest, on the credit of the rates and duties by this act granted, such sum or sums of money as shall be sufficient to make up the said sum of eighty thousand pounds, so to be raised as aforesaid, and also such further sum or sums of money, not exceeding in the whole the sum of twenty thousand pounds, for completing and perfecting the said works; and the said company are hereby fully authorized and empowered to assign over the rates and duties arising by virtue of this act, or any part thereof, (the costs and charges of assigning the same to be paid out of such rates and duties,) as a security for any such sum or sums of money to be borrowed, with interest, to such person or persons, or their trustees, who shall advance the same by the following words of assigninent, or by any other words to the same effect; videlicet, sum of " by "By virtue of an act, made in the fourteenth year of the reign of his Majesty King George the Third, 'for making and establishing lawful quays or wharfs in the port of Kingston-upon-Hull and other purposes;' we the dock company at Kingston-upon-Hull, in consideration of the of lawful British money to us in hand paid do assign unto the said his, "her, or their executors, administrators, successors, and assigns, all and 66 singular the rates and duties arising by virtue of the said act, and also all the estate, right, title, and interest of the said company, of, in and unto the same, to hold unto the said bis, ber, or "their executors, administrators, successors and assigns, until the said " sum of together with the interest for the same, "after the rate of per centum per annum shall be repaid." And all and every person and persons, bodies corporate and politic, to whom such assignment or assignments shall be made, shall be equally entitled to their proportion of the said rates and duties, according to the respective sums in such assignment mentioned to be advanced, to secure Mayor and Burgesses and Trinity House to vote by the Mayor and Warden, see 42 Geo. II. c. 91, s. 35, post, the repayment thereof, with the interest as aforesaid, without any preference by reason of priority of assignment, or on any other account whatetsoever; and the money so borrowed as aforesaid shall be applied for making, completing, and maintaining the said bason or dock, quay or wharf adjoining thereto, reservoirs, sluices, bridges, roads, and other works authorised by this act, and in carrying the same, and the several provisions, powers, and authorities herein contained, into effectual execution. 14 Geo. II. e. 56. * XXXIII. And be it further enacted by the authority aforesaid, That Assignment to be entries or memorials of every such assignment or assignments, containing entered in a Book. the dates, names of the parties, and sums of money borrowed, shall be made in a book or books to be kept for that purpose by the clerk to the said company; which said book or books shall and may be perused, at all seasonable times, by any of the proprietors or creditors of the said undertaking, or other persons interested therein, without fee or reward; and that all and every person and persons, body corporate or politic, to whoin any such assignment or assignments shall be made as aforesaid, or who shall be intitled to the money thereby secured, may from time to time assign or transfer his, her, or their right, title, interest, or benefit to the said principal and interest money thereby secured, to any person or persons, body corporate or politic whatsoever, by indorsing on the back of such security, before one credible witness, the following words, or words to the like effect; viz. "I do transfer this assignment, with all my right and title to the prin- Form of "cipal money hereby secured, and to all the interest now due, or Transfer. "hereafter to be due, unto C. D. his, her, or their executors, adminis"trators, successors, and assigns. Dated this "Witness, E. F." day of A. B." Which transfer shall, within twenty days after the date thereof, be produced and notified to the said clerk, who shall cause an entry or memorial to be made thereof, containing the date, names of the parties, and sums of money therein transferred, in the said book or books to be kept for the entering the said original assignments, for which the said clerk shall be paid the sum of one shilling; and after such entry made, but not until then, every such assignment shall entitle such assignee, his, her, and their executors, administrators, successors, and assigns, to the benefit thereof and payment thereon, and such assignee may assign again, and toties quoties; but in case any sum so assigned shall not exceed the sum of one hundred pounds, it shall be lawful for the person or persons entitled to such assignment respectively, by an indorsement of his, her, or their proper names, without witness, to transfer his, her, or their property in such assignment to any other person or persons, without an entry to be made thereof in the said book or books; and all such last-mentioned transfers or assignments shall entitle such assignee, his, her, and their executors, administrators, successors, and assigns, to the benefit thereof and payment thereon, and such assignee may in like manner assign or transfer the same again, and loties quoties; and it shall not be in the power of any such person or persons, who shall have made any such assignment, to make void, release, or discharge the same, or any monies thereby due, or any part thereof. XXXIV. And it is hereby further enacted by the authority aforesaid, That the interest of the money which shall be borrowed by mortgage of the rates or duties as aforesaid, shall be paid half-yearly to the several parties entitled thereto, in preference of any interest or dividends due and payable by virtue of this act to the said company, or any of them, and shall from time to time be fully paid and discharged or provided for, before the yearly or other interest or dividends due to the said company, or any of them, shall be paid, made, or divided. XXXV. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor and burgesses of the town or horough of Kingstonupon-Hull, the guild or brotherhood of masters and pilots seamen of the Trinity-House of Kingston-upon-Hull, and the master, brethren, and sisters of the house or hospital, nigh Kingston-upon-Hull, called God's House of Hull, and they the said three bodies corporate and politic are hereby, each of them, severally and respectively fully authorised, enabled, and eropowered, with the money or effects belonging to such respective corpora I i 14 Geo. III. 'c. 56. The Charter House to hold Two Shares, and the Corporatious Ten Shares each. Company may make Calls; but at Four Months Distance at least. tions, to become subscribers to or to purchase shares in the undertaking established by this act, on account of and for the benefit of their respective corporations; any ordinance, statute, law, charter, grant, or other matter or thing to the contrary thereof in anywise notwithstanding. XXXVI. Provided always, and it is hereby enacted and declared, That the said master, brethren, and sisters of the house or hospital, nigh Kingstonupon-upon-Hull, called God's House of Hull, shall be, and they are hereby declared, incapable of holding or being possessed of more than two such shares; and the said other two bodies corporate and politic shall be, and they are hereby declared incapable of holding or being possessed of more than ten such shares each,* at one and the same time, except such respective shares shall come by gift or bequest; and that no person or persons, body corporate and politic, who shall purchase any such share or shares, shall be admittted to vote for the same, either by themselves or proxy, until such person or persons, body corporate and politic, shall have been in possession of such purchased share or shares for the full term of six calendar months XXXVII. And be it further enacted by the authority aforesaid, That the said company shall have power from time to time to call for, audit, and settle all accounts of money laid out and disbursed for the purposes of this act, with the receivers and other officers and persons employed under the authority of this act, and to make such call or calls of money from the proprietors of shares, to defray the expences of or carry on the works autho rised or directed by this act to be done by the said company, as they from time to time shall find wanting and necessary for those purposes, so that no call do exceed the sum of ten pounds for every hundred pounds, and so as no call to that amount be made, but at the distance of four calendar months at the least from each other; which money, so called for, shall be paid to such person or persons, and in such manner, as the said company shall from time to time appoint or direct, for the use of the said undertaking; and every the owner or owners of one or more share or shares in the said undertaking, shall pay his, her, or their shares or proportions of the monies to be called for as aforesaid, at such time and place as shall be appointed for that purpose, of which two calendar months notice at least shall be given by publishing the same in the said church of the Holy Trinity in the said town, and by notice in writing to be affixed on the exchange or other public place in the said town, and by publishing the same in the York Courant, or other newspaper as aforesaid; and if any person or persons, body corporate or Persons omitting politic, shall neglect or refuse to pay their rateable or proportionable part or share of the said money to be called for as aforesaid, at the time and place to be appointed by the said company, the person or persons, body corporate or politic, so neglecting or refusing, shall forfeit the sum of five pounds for every hundred pounds of their respective share and shares, parts and interests, in the said undertaking and premises; and in case such person or persons, body corporate and politic, shall neglect to pay his, her, or their rateable or proportionable part or share of the said money to be called for as aforesaid, for the space of two calendar months after the time appointed for payment thereof as aforesaid; then the person or persons, body corporate or politic, so neglecting, shall forfeit his, her, and their respective shares, parts, and interests, in the said undertaking and premises, to be recovered by an action at law, to be brought in the name of the said company, against the party or parties so neglecting, his, her, or their executors, administrators, successors, or assigns; all which forfeitures shall go to the rest of the proprietors, their successors and assigns, in trust for, and for the benefit of all the rest of the said proprietors, in proportion to their respective interests. to pay their Proportions to forfeit 5£. per Cent. And if for Two Months the Share to be forfeited. till after Six Months Notice given to the Person concerned. No Share to be XXXVIII. Provided always, That no advantage shall be taken of any deemed forfeited forfeiture of any such share or shares, till after notice in writing shall have been left with some officer of the respective corporation, or personal notice to the owner, or notice in writing left at his or her usual or last place of abode, nor unless the same shall be declared to be forfeited, at some meeting of the said company, to be held within six calendar months next after such forfeiture shall happen to be made; and every such forfeiture shall be an indemnification to and for every proprietor and proprietors so forfeiting, Two corporations empowered to purchase ten additional shares each, by 42 Geo. III, c. 91, s. 39, post, |