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poristila 1 .,
15 321 ,2014
7 against all action and actions, suits or prosecutions whatsoever, to be com- 14 Geo, III. menced or prosecuted for any breach of contract, or other agreement betwixt such proprietor or proprietors só forfeiting, and the rest of the p ar proprietors, with regard to carrying on the said works.: -liivity
XXXIX. And be it further enacted by the authority aforesaid, That if When subsoil the owner or owners of any such share or shares sliall die before such call scribers die before or calls shall have been made, for the full sum to be advanced on each their Shares be share, which he, she, or they shall have been possessed of or entitled to,
Executors may without baving made provision by writing or otherwise, how such share or complete the shares shall be disposed of, and the money paid in upon calls for the future; Payinent then and in such case, the executors or administrators of any such owner dying, and the trustee or trustees, guardian or guardians, of any infant, or other person or persons whatsoever, entitled to the estate or effects of such owner deceased, shall be indemnified against all and every such infant or infants, or other persons whatsoever, for paying any sum of money when called for as aforesaid, to complete every such subscription; and if such owner deceased shall not have left assets sufficient, or in case the executor. . . administrator, trustee, or guardian, shall refuse or neglect to answer such as Saint calls and payments, the said company shall be, and are hereby empowered authorised and required, to admit any other person or persons to be proprietor or proprietors of the share or shares of such owner deceased, on condition that he, she, or they so admitted, do and sliall, on or before such admission, pay to the executors or administrators of such deceased owner, or the trustee or trustees, guardian or guardians, of any infant, or others entitled to his or her effects, the full sum and sums of money which shall have been paid by such owner in his or her life-time, by virtue of any call or calls, or otherwise, upon such share or shares, or such other sum or sums of money as the same can be sold for.
XL. And be it further enacted by the authority aforesaid, That it shall How Shares may be lawful for the several proprietors of any such share or shares, to sell and le disposed of by dispose thereof, subject to the rules and conditions herein mentioned; and the Proprietors. any purchaser or purchasers shall, for his, her, or their security, as well as that of such proprietor or proprietors, have a duplicate or duplicates of the deed of assignment or conveyance made unto him, her, or them, and executed by such person or persons, of whom he, she, or they, shall purchase the same, and also by the purchaser or purchasers, one part whereof, duly executed both by the seller and purchaser, shall be delivered to the clerk to the said company for the time being, to be filed and kept for the use of the said company, and an entry thereof shall be made in a book or books to be kept by the said clerk for that purpose, for which no more than one shil. ling shall be paid ; and the said clerk is hereby required to make such entry accordingly, and until such duplicate of such deed shall be so delivered unto the said clerk, and filed and entered as above directed, such purchaser or purchasers shall have no part or share of the profits of the said undertaking, or money raised by virtue of this act, or any interest for such share, or any vote as proprietor or proprietors.
XLI. And be it further enacted by the authority aforesaid, That the said shares shall be sold, assigned, and transferred, in the form, or to the effect following ; to wit, “I A. B, in consideration of
paid to me by C, D, do form of the Sale 4:" hereby bargain, sell, assigu, and transfer, to the said C. D. his, her, and Transfer.
" or their executors, administrátors, successors, and assigns, !"shares, (as the case is) in the undertaking for making a bason or
“ dock, quay or wharf, reservoir, and other works in the port of King
“ston-upon-Hu!), to hold to him the said C. D. his executors, admispås," nistrators, and assigns, subject to the same rules and orders, and on
" the same conditions, that I held the same immediately before the 2: " execution hereof; and I the said C. D. do hereby agree to accept
19" thereof, subject to the same rules, orders, and conditions. Witness 1975" our hands and seals the is in 5 day of
in the ycar of our jort « Lordsy 100% s irot
XLII. And be it further enacted by the authority aforesaid, That in After Dec. 31. consideration of the great charges and expences which the making, 1774, Company building, erecting, and providing such bason or dock, quay or wharf, re- may take lates
for Shipping. servoirs, sluices, bridges, roads, and works, and the supporting, maintaining
14 Geo. III.
Ships of War, &c. excepted.
and keeping the same in repair for the future, will amount unto, there shall
upon-Hull, and any port to the northward of Yarmouth, in Norfolk,
pence; . For every ship or vessel coming to or going between the port of Kings
ston-upon-Hull, and any port or place between the North Foreland and Shetland, on the east side of England, except as above, for every iton, the sum of three pence; For every ship or vessel trading between the said port of Kingston upori
Hull, and any other port or place in Great Britain, not before described,
for every ton, the sum of sixpence ; For every ship or vessel trading between the said port of Kingston-upon
Hull, and any port or place in the Baltic Seas, and all other ports or places above the sound, for every ton, the sum of one shilling and
three pence; For every ship or vessel trading between the said port of Kingston-upon.
Hull, and any port or place in Denmark, Sweden, or Norway, below Elsipore, or any port or place in Germany, Holland, Flanders, France, to the eastward of Ushant, Ireland, the islands of Guernsey and Jersey,
for every ton, the sum of ten pence;
Hull, and any island, or port or place of Europe, to the westward of
one shilling and three pence;
Hull and every port or place in the West Indies, North or South America, Africa, Greenland, or any place to the eastward of the North Cape of Norway, all places within the Streights of Gibraltar, and all islands and places in the ocean to the southward of Cape Saint Vincent, not hereinbefore named, for every ton, the sum of one shilling and
nine pence; For every foreign ship or vessel coming to or going (with merchandise)
from any of the above-named ports or places, double the rates, tonnage, or duties above-mentioned, unless the said ships belong to British
owners; For every ship or vessel sailing coastwise or other ways, and coming into
the said haven in ballast to be laid up, for every top (coasting duty
included) the sum of six pence: Which rates or duties shall be and are hereby vested in the said dock company as their own proper monies, and to and for their own proper use and behoof, for the purposes aforesaid, and shall be paid at the time of such ships or vessels entry inwards, or clearance or discharge outwards; or in case any ships or vessels shall not enter as aforesaid, then at any time before such ships or vessels shall proceed from the said port, at the custom house in the said port; so as no ship or vessel shall be subject or liable to the payment of the said rates, or duties or any of them, more than once for the same voyage, both out and home, notwithstanding such ship or vessel may go out and return with a loading of goods or merchandise, the online vith,
XLIII. Provided always, and be it further enacted by the authority aforesaid, That nothing in this act shall extend to charge any ship or vessel with the rates or duties aforesaid, which shall be forced into the said port by the enemy, or by receiving damage at șca or otherwise, and shall in the said port discharge or unlade, in order to repair any damagę, sustained by
Rates vested in the Company.
Ships drove in by Stress of Weather, or Enemy, &c, not to be liable to Rates.
such ship or vessel, and shall relade the goods and merchandises so dis. 14 Geo. 111.' charged or unladen, unless such ship or vessel make use of the said doek or c 56. bason. Si
XLIV. Provided also, and be it enacted by the authority aforesaid, 'That“ this act shall not extend to charge any ship or vessel with the rates or Coastint Vessels duties aforesaid, or any part thereof, which shall come or go coastwise, from not to pay, inlass or to any port or place in Great Britain, to or from any place up the rivers they come into
the Pason. Trent or Ouse, within the limits of the port of Hull, as now used, or to or from any other place up the said rivers Trent or Ouse, or any other river which falls into the said rivers, or either of them, or which shall trade between any such port or place in Great Britain, and any such place as aforesaid, within or up the said rivers, or either of them, unless such ship or vessel shall come iuto or go out of the said bason or dock, or any part of the said harbour or haven called Hull Haven ; or shall use the said bason or dock, or quays within the said harbour; or shall unlade or put on shore, or lade or take on board any goods, wares, or merchandise, or any part of the cargo of any such ship or vessel, within any part of the river Humber; or to charge with the said rates or duties, or any part thereof, any such coasting ship or vessel which shall go into, or by the officers of the customs be called into the said harbour or haven, for the sole purpose of being, entered or cleared at the custom-house there..
XLV. Provided also, and be it further enacted and declared, That all Warfage Rates. goods, wares, and merchandise, which shall be landed or discharged upon any of the quays or wharfs which shall be erected by virtue of this act, . shall be liable to pay, and shall be charged and chargeable with the like rates of wharfage and payments as are usually taken or received for any goods, wares, or inerchandise, loaded or discharged upon any quays or wharfs in the port of London, and shall be paid to the respective company and owners of the said quays or wharfs so to be erected as aforesaid, in like manner as the rates and duties established by this act are hereby directed to be paid,
XLVI. And be it further enacted by the authority aforesaid, That all How Vessels shall ships and vessels trading or coming to or from the said port or to or from be measured. any of the ports and places before mentioned, and liable to the payment of the rates or duties of tonnage by this act imposed, shall be neasured in manner following; that is to say, The length shall be taken on a straight line, along the rabbet of the keel of the ship, from the back of the main stern post to a perpendicular line, from the fore part of the main stem under the bowsprit, from which substracting three-fifths of the breadth, the remainder shall be esteemed the just length of the keel, to find the tonnage; and the breadth shall be taken from the outside of the outside plank, in the broadest place of the ship, be it either above or below the main wales, exclusive of all manner of doubling planks that may be wrought upon the sides of the ship, then multiplying the length of the keel by the breadth so taken, and that product by half the breath, and dividing the whole by ninety-four, the quotient shall be deemed the true contents of the tonnage; according to which rule the tonnage of all such ships and vessels shall be measured and ascertained, and the several rates or duties of tonnage shall thereby be computed and collected accordingly, any cụstom, practice, or usage to the contrary notwithstanding.
XLVII. And be it further enacted by the authority aforesaid, That it Persojis authoshall be lawful for the collector' or collectors, or any other person or persons rized to go on
board to measure authorised or deputed for that purpose by the said company, to go on board
and collect the any ship or vessel within the said port, to take the dimensions of such ship Duties. or vessel in the manner hereinbefore directed, and to demand, collect, and receive the said rates or duties of tonnage by this act directed to be paid for such ship or vessel ; and upon non-payment thereof, such collector or collectors, person or persons, sball and may seize and distrain every such ship or vessel, and all the tackle, apparel, and furniture thereto belonging, or any part thereof, and the same detain and keep, until the rates or duties due or payable on account thereof, and all charges incurred by such seizure and distress, shall be fully satisfied and paid; and in case of neglect or delay in making such payment, for the space of three days after any such distress or distresses shall be taken as aforesaid, that then it shall be lawful for the said collector or collectors, or other person or persons as aforesaid, or
no liquo 14 Geo. III. any of them, to cause such distress or distresses to be appraised by two or inore
sufficient persons uot interested therein, to be appointed by the said como
pany, and afterwards to sell the same, and therewith to satisfy himself or v themselves, as well for and concerning the said rates or duties of tonnage
so neglected or delayed to be paid, for which a distress shall have been taken as aforesaid, as for his or their reasonable charges and expences in the taking and detaining such distress or distresses, and selling the same, or any part tbereof, rendering the overplus (if any) to the master or cominander
of such ship or vessel, in or from which such distress or distresses shall be i
so taken, Pinalts on
XLVIII. And be it further enacted, That if any master, commander, or Persons refusing
using other person taking upon himself the command or appearing to be master Admeasurement, or eluding Pay. or commander, or any owner, factor, or consignee of any ship, or vessel, ment of Duties. shall at any time refuse to have his ship or vessel measured as aforesaid, or
shall elude or evade the payment of any rates or duties hereby granted, by any method whatsoever ; every master, commander, or other person afore. said, shall for every such offence forfeit to the said company the sum of ten pounds, and shall also stand charged with, and be liable to the payment of
the said rates and duties. Customer not to XLIX. And, to the intent that the said rates or duties may be duly discharge any answered and paid ; Be it further enacted by the authority aforesaid, That Vessel till Dutics no me
no customer, collector, receiver of entries of ships, surveyor, searcher, or are paid.
waiter, or other officer whatsoever, of or concerning the customs of the said port of Kingston-upon-Hull, shall hereafter give or make out any coquet or other discharge, or take any report outwards for any ship or vessel trading or coming to the said şort, until the rates, duties, and payments hereby granted or payable, by the master or other person taking charge of such ship or vessel, according to the tenor and true meaning of this act, shall be paid unto the respective collectors or officers appointed to receive the same as aforesaid; and that such master or masters, or other persons taking charge of such ship or vessel, shall produce an acquittance, under the hand of such collector or officer, testifying the receipt thereof; which receipt such collector or other officer is hereby required to give without fee or reward, upon pain of forfeiture of twenty pounds to the said company, and that every customer, collector, receiver of entries of ships, surveyor, searcher, waiter, or other officer of or concerning the said customs, making default in any of the matters enjoined them by this act, shall : forfeit to the said company the like sum of twenty pounds, both which suns, together with the costs of suit, shall be recovered in any of his Majesty's courts of record, by action of debt, bill, plaint, or information, wherein no essoign, wager of
law, privilege, or protection shall be allowed. Company may
L. Provided always, and it is hereby further enacted and declared by the lessen the Duties, authority aforesaid, That it shall be lawful for the said company, at any and raise them
time or times, upon examining and inspecting the accounts to be kept of, again,
for, or concerning the said bason or dock, quay or wharf, reservoirs, sluices, bridges, roads, and other works and conveniences to be made, erected, and maintaiŋed by virtue and in pursuance of this act, to lessen, lower, diminish, or reduce the rates and duties of tonnage hereby granted and made paye, able, or any of them, and also to advance and raise the same again, in such manner as to then shall from time to time seem meet and expedient; so as the said rates or duties, when so advanced and raised again, do not exceed rates or duties hereinbefore granted, and the rates or duties so lessened or reduced, shall and may, from time to time, be collected, received or rea covered by such ways and means as the original rates or duties hereby granted are authorised to be collected, received or recovered, any thing
herein contained to the contrary notwithstanding. Part of the
LI. And be it further enacted by the authority aforesaid, That the said
(except only such ships or vessels as shall pass coastwise and be called
complete loading, but if not, then only such a part of the said two thirds as 14 Geo. III. the tonnage of the goods on board bears in proportion to the said ship's o
i complete loading, and in case of refusal to repay such rates and duties, or such a proportion thereof as aforesaid, the same shall and may be recovered by action at law, as in other cascs of debt.
LII. And it is hereby further enacted by the authority aforesaid, That all Collectors and and every the collectors, receivers and treasurers, to be appointed by virtue Treasurers to
keep fair Ac. of this act, sball from time to time keep fair and regular accounts of all the
counts, and monies to be received by virtue of and under the authority of this act, and produce their also of the monies from time to time to be issued, paid, and applied out of Vouchers, on the same, expressing therein the time when, and the name of the person or
Penalty of 20£. persons from or to whom all such movies are or shall be received, issued, paid, and applied respectively; and also shall from time to time, when thereunto required by the said company, upon giving ten days notice, to be left at the dwelling-house or usual place of abode of such respective collector, receiver, or treasurer, attend the said company at such time and place, after the said ten days, as shall for that purpose be appointed, and then and there produce to the said company all such books, accounts, and vouchers, concerning and relating to such receipts and payments as aforesaid, as the said company sball order, direct, or appoint to be produced ; and in case any such collector, receiver, or treasurer shall, upon such notice given, neglect or refuse to attend, and produce such books, accounts, and vouchers as aforesaid, he and they shall for every such offence forfeit and pay to the said company the sum of twenty pounds. 1 "
1 LIII. And be it further enacted by the authority aforesaid, That the said Company's dock company shall hold a general annual meeting, in the guild hall of the Annual Meeting. said town of Kingston-upon-Hull, on the second day of February in every year, except when such day shall be Sunday, and in such case on the day following; at which general annual meeting the said company shall call for, audit, and settle all accounts of money received, laid out, and disbursed in the preceding year by virtue and for the purpose of this act, and shall thereupon set down, ascertain, fix, and declare, whether any, and what dividend shall be made from the money which shall have arisen by virtue of this act in the preceding year, amongst the proprietors of shares in the undertaking authorised and established by this act; and the treasurer to the said com• Treasurer to draw pany shall, within two calendar months after every such annual meeting, out a General draw out a general account in writing of all the receipts and disbursements, Annual Account, as the same were at such meeting settled and allowed, and of the dividend
which shall be
printed, and then declared and fixed, and shall cause the same account to be printed; and delivered to the shall, upon request, deliver a printed copy thereof to the several subscribers, Subscribers, on or persons entitled to dividend ; the expence of printing whereof shall be Penülly of 10£. paid and allowed out of the money arising by virtue of this act; and in case such treasurer shall neglect, omit, or refuse to make out, or print such account, or shall not deliver the same upon such request as aforesaid, he shall, for every offence, forfeit to the said company the sum of ten pounds.'
LIV. And be it further enacted by the authority aforesaid, That the said Commissioners company shall, and they are hereby authorised and required, at their first appointed. meeting, or at some subsequent meeting, as soon afterwards as conveniently may be, and in like manner annually afterwards, at a meeting on the twenty-fiftb day of March, but if on a Sunday, then the day following, to choose by ballot, nine persons from amongst themselves; and that they the said company shall likewise, at such respective meeting, under their seal, nominate and appoint six inhabitants of the said town, not being members of the said company, or of either of the said corporations; which fifteen persons, together with the mayor of the said town for the time being; two of the aldermen of the said town, to be chosen and appointed by the mayor and aldermen of the said town, or the major part of them, in council assembled ; the acting warden of the said guild or brotherhood for the time being; and one elder brother and one assistant of the said guild or brotherhood to be chosen and appointed by the guild or brotherhood, shall be commissioners for the several purposes hereinafter mentioned ; and each commissioner, to be chosen by virtue of this act, shall continue in the office of commissioner, until the twenty-fifth of March next after his being so chosen or appointed, and until another shall be chosen in his stead.eri':24