14 Geo. III. · c. 56. Gunpowder, &c. to be removed at a certain Time. Penalty on For scouring the Penalty on throwing Dirt into the Decks, &c. safe keeping, or lodging of such goods and other things so to be removed from off the quays and other places as aforesaid, or to inclose, erect, or build or of any such yard, warehouse, or other buildings on their own ground, ground to be purchased by them, as to them shall seem most meet and fitting. LXXXVI. And be it further enacted by the authority aforesaid, That no gunpowder, tar, pitch, rosin, hemp, flax, faggots, furze, brandy or other spirituous liquors, turpentine, oil, hay, straw, tallow, grease, shavings of wood, or combustible things whatsoever, shall be suffered to be or remain on the quays or wharfs aforesaid, or on any part thereof, or upon the deck of any ship or vessel in the said haven, bason or dock, for above the space of twenty-four hours after passing the custom-house officers; and that in case such goods and things cannot be conveniently removed or got off from such quays or wharfs, or ships decks, by daylight, that then, and in every such case, the owners of such goods and things respectively shall be obliged, and are hereby required to set and maintain, at their own expence, a sufficient number of careful and sober persons to guard and watch over the same, for such and so many hours, according to the season of the year, as the said dock and haven master, or his assistant or assistants, shall direct and appoint; and in case the owner or owners of such goods or other things, or the master or mate of any ship or other vessel, shall make default herein, every such person shall forfeit and pay for every such offence the sum of five pounds. LXXXVII. And be it further enacted by the authority aforesaid, That it shall be lawful for the said commissioners, or any thirteen or more of them, their agents, servants, or workmen, as often as occasion shall require, well and sufficiently to cleanse, scour, open, deepen, widen, or cut through, and take away, any banks, hills, earth, soil, or rubbish, in the said port or haven, in such manner as the said commissioners, or any thirteen or more of them, shall think proper, for the security and accommodation of shipping in the said port or haven, and for the more free passage of water in the said river Hull; so as in the doing thereof no nearer approach be made to the staiths or warehouse adjoining thereto, than the distance of thirty-five feet, nor to the wharfing maintained by his Majesty, on the opposite side of the haven, than thirty-five feet; and so as none of the four jettees, maintained by the corporation of Hull, and now standing on the said opposite side of the haven, and adjoining to his Majesty's wharfing aforesaid, be taken away or removed, the maintenance of which wharfing being absolutely necessary for the protection and security of the level of Holderness from being overflowed by the tides; and also, to remove and take away any wrecks of ships or vessels, or any ship or vessel that shall be sunk, or any wood, timber, or other obstructions or impediments of the like nature in the said port or haven that may happen to arise by accident; and in case the owner or owners of any such ship or vessel which shall be so removed as last mentioned, shall refuse or neglect to pay the charge of removing the same, for the space of three days after demand thereof made by any officer of the said commissioners, the same shall be recovered in such manner as other penalties and forfeitures are by this act directed to be recovered. LXXXVIII. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever shall throw, cast, or put any ballast, earth, dust, ashes, stones, or other things, into or upon any part of the bason or dock, reservoirs, quays, wharfs, roads, or other works to be made or provided in pursuance of this act, to the prejudice thereof, or do any other annoyance to the same or any part thereof, or to the haven of the said river Hull, or shall fasten any ship or vessel, by any rope or otherwise, to the North Bridge aforesaid, or after the said bason or dock shall be finished, moor or lay any ship or vessel, for more than one tide, nearer to th the said bridge than the south side of Master Thomas Walton's ship yard, to such posts as shall be provided for that purpose, and complaint be made thereof, upon oath, by any of the said commissioners or their clerk, or other officer, or any other person, the same shall be examined into, and determined by any two of his Majesty's justices of the peace for the said town of Kingston-upon-Hull for the time being; and they are hereby authorised to impose upon the offender or offenders (other than and except as is next hereinafter mentioned) such fine or fines, not exceeding five pounds for each offence, as they the said justices shall think reasonable; and in case any owner or owners, master or commander, seaman, or servant of or belonging to any ship or vessel, shall be guilty of any of the said offences, upon proof thereof, by the oath of one or more credible witness or witnesses, before any two of the said justices, the person or persons so offending shall for each offence forfeit to the said company the sum of five pounds; and in case of non-payment of such lastmentioned forfeiture, for the space of three days after the same shall be demanded, it shall be lawful for any two of such justices for the time being, by warrant under their hands and seals, to levy the same, together with the costs and charges incident thereto, by distress and sale of the goods and chattels of every such owner, master, or commander, seaman, or servant so offending, or of the tackle, apparel, or furniture, of or belonging to such ship or vessel, rendering the overplus (if any) to the person whose goods or other things shall be so distrained; and, if sufficient distress shall not be found, then it shall be lawful for such justices, by warrant under their hands and seals, to commit such offender or offenders to the house of correction, there to be kept to hard labour for any time not exceeding one calendar month. LXXXIX. And be it further enacted by the authority aforesaid, That no wood or timber, which shall be delivered in the haven of Hull, or in the said bason or dock, shall be permitted to lie or remain therein for a longer time than forty-eight hours after the delivery thereof; and in case the same shall not be removed before the expiration of that time, the owner or owners thereof shall for every such offence forfeit and pay the sum of five pounds. XC. And whereas accidents frequently happen to ships and vessels by lightermen, ballastmen, and others, digging or raising ballast from a place called The Dolphin Point, and a place called The Southend, opposite to the said point; Be it therefore further enacted, That it shall not be lawful for any person or persons to take or cause to be taken any ballast from the said places, without leave first obtained for that purpose, in writing, from the mayor of the said town, or his known agent appointed for that purpose, nor receive more money for such ballast, from the master or masters of ships or vessels to whom the same shall be delivered, than shall be fixed and ascertained by the said mayor, by writing under his hand, under the penalty of forfeiting for every offence the sum of forty shillings. XCI. And be it further enacted by the authority aforesaid, That in case any person or persons whatsoever shall wilfully or maliciously cut, break, or in any manner destroy, any rope or other thing, by which any ship or vessel lying in the said haven, or in the said dock or bason, shall be moored or fastened, such person or persons shall for every offence forfeit and pay the sum of fifty shillings. XCII. Provided always, That nothing herein contained shall hinder of restrain the dock and haven master, to be appointed in pursuance of this act, or his assistants, from exercising in a due and reasonable manner any of the powers or authorities hereby vested in them. XCIII. And, for preventing accidents by fire in the said haven, dock or bason; Be it further enacted by the authority aforesaid, That no person whatsoever shall have or keep, or cause to be had or kept, any fire, candle, or lamp, lighted (except in the manner hereinafter for that purpose mentioned) on board any ship or vessel within the said haven, dock or bason (the vessels employed as ferry boats only excepted) at any time or times whatsoever, between the twenty-ninth day of September and the twentyfifth day of March in every year, after the hour of seven in the evening, or before the hour of seven in the morning, nor at any time or times whatsoever, between the twenty-fifth day of March and the twenty-ninth day of September in every year, after the hour of eight in the evening, or before the hour of five in the morning, upon pain of forfeiting for every offence the sum of three pounds. Bell to be rung when Fires arc to be extin XCIV. And, the better to make ke known the several times when fires and candles shall be extinguished as before directed; Be it further enacted by the authority aforesaid, That every evening and morning, at the hours guished. herein for the above purposes appointed, a large bell, to be provided by the said commissioners, shall be rung for the space of ten minutes at the least, 402 (599 See 19 Geo. III c 48, 8, 4, post, and 42 Geo. II. c. 91. s. 44, post. 14 Geo. III. c. 56. Penalty on Gunpowder may be landed without leave, when the Vessel shall arrive on a Sunday, &c. No Ships to enter the Docks under Sail. encumber the Bason or Dock. in the said haven or dock, or some of them, or in some place contiguous XCV. And be it further enacted by the authority aforesaid, That no pitch, tar, rosin, turpentine, oil, or other combustible thing, shall at any time hereafter be boiled or heated on board any ship or vessel in the said haven, or dock or bason, or in any boat, except in a boat lying alongside of some ship or vessel, nor within twenty feet of the quays, staiths, or warehouses adjoining to the west side of the said haven (carpenters yards only excepted ;) nor shall any gunpowder, exceeding the quantity of six pounds, be suffered to be or remain on board any ship or vessel, for any longer time than twenty-four hours after the arrival of such ship or vessel in the said haven, or dock or bason, upon pain that every master, commander, or owner of every ship or vessel, shall forfeit for every offence the sum of five pounds, XCVI. Provided nevertheless, and it is hereby enacted and declared, That in case any ship or vessel, in which any gunpowder above the quantity of six pounds shall happen to be, shall arrive in the said haven, bason or dock, on a Sunday or any custom-house holy day, it shall be lawful for the master or commander of any such ship or vessel to land the same, without a sufferance or leave from the officers of his Majesty's customs of Hull for so doing, provided the same be done in the presence of a tide surveyor of coast waiter. XCVII. And, for the security and preservation of the bason or dock, or other works belonging to the same; Be it further enacted by the authority aforesaid, That before any ship or vessel shall enter or pass into the said bason or dock, such ship or vessel shall have her sails taken down, so that she may not enter under sail, upon pain that every master, commander, or pilot, taking the care of every such ship or vessel, shall for every such offence forfeit the sum of five pounds. Old Ships not to XCVIII. And be it further enacted, by the authority aforesaid, That no ship or vessel that shall be laid up as unfit for further sea service, shall be permitted to be or remain in the said bason or dock, to encumber the same, for above the space of six calendar months in the whole, and that during all such time, the owner or owners, master or commander, factor or agent of or for such ship or vessel shall keep the same constantly and sufficiently moored, to prevent damage to any other ship or vessel; and that in every such case it shall be lawful for the said dock and haven master, his deputy and assistants, and every of them, to cause such ship or vessel, so incapable or unserviceable, which shall lie in the said bason or dock for above the space of six calendar months, or that shall be found loose and unmoored in the same, to be removed out of the said bason or dock, and to lay and moor such ship or vessel on any part of the strand or shore of the river Humber, within high water mark, and as near the said town of Kingston-upon-Hull as conveniently may be; and that upon demand of payment being made by such dock and haven master, his deputy or assistants, or any of them, from the owner or owners, master, commander, or agents of or for such ship or vessel, of the charges of removing and mooring such ship or vessel as aforesaid (such charges and expences being first examined and allowed by the said commissioners, or any thirteen or more of them) and upon refusal or neglect of payment of such charges and expences so allowed as aforesaid, for the space of five days next after demand made, then and in every such case it shall be lawful for the said dock and haven master, his deputy or assistants, or any of them, to levy such charges and expences by distress and sale of such ship or other vessel, or any of her tackle, apparel, or furniture or any part thereof, rendering the overplus (if any such there be) after deducting the charges of taking, keeping, and sale of such distress, to the owner or owner, master, factor, or agents of or for such ship or other vessel, upon the same being demanded. Expence of moving old Ships may be levied by Distress. Owners of Vessels answerable for their Crews. XCIX. And be it further enacted by the authority aforesaid, That the master or owner of every ship or vessel lying or trading in the said port or Dainage done by haven, shall be and is hereby made answerable to the said company for the amount or value of any damage or mischief that shall be done by any of the servants, boatmen, bargemen, or watermen on board the same, to the said bason or dock, quays or wharfs, or other works to be made within the said port or haven, with full costs of suit; and that such damage and costs shall be sued for and recovered in manner hereinafter directed. c..56. Materials may be laid on adjoining Lands, making Satisfaction. Persons destroy ing the Docks, &c, to be punished. C. And be it further enacted by the authority aforesaid, That it shall 14 Geo. III. be lawful for the said commissioners and their agents, engineers, workinen, and labourers, employed in making the said bason or dock, quays, wharfs, reservoirs, roads, or other works, to lay any stones, timber, or iron, or any other materials, matters, or things to be used in or about any of the works, upon any of the adjoining lands, making satisfaction to the owners and occupiers thereof for all damage done thereto, in such manner as shall be agreed upon between the said commissioners, or any thirteen or more of them, and the respective owners or occupiers; and in case of disagreement therein, then in such manner as is by this act prescribed for purchasing land for the use of the works authorised by this act. DCI. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever shall, after the passing of this act, maliciously, wilfully, or wantonly demolish, break down, destroy, or set on fire any of the works, made or provided by virtue of this act, or belonging to the port of Kingston-upon-Hull, or any ship or vessel lying and heing in the haven, bason or dock, or elsewhere within the said port, or any part or parts of them, respectively, every such person and persons so offending in any of the cases aforesaid, shall be adjudged guilty of felony without benefit of clergy; and every such felon and felons shall be subject and liable to the like pains and penalties as in cases of felony without benefit of clergy; and that the court and courts, by and before whom such person and persons shall be indicted and tried, have hereby power and authority to award judgment and execution on such felon and felons, and may transport such felon or felons for the space of seven years, in like manner as other felons are directed to be transported by the laws and statutes of this realm, according to the heinousness of the crime or crimes which such person or persons shall be charged with and convicted of. CII. And be it further enacted by the authority aforesaid, That the said commissioners, or any thirteen or more of them, shall and have hereby full power, from time to time, to set down and ascertain the rates and prices which shall from time to time be paid and payable for the carrying and conveying of any goods, wares, or merchandise, and of wood, stone, iron, and all other matters and things, from the said several quays or wharfs to any part or parts of the said town of Kingston-upon-Hull, or from any part or parts of the said town to any of the said quays or wharfs, in or upon any truck or cart, sledge, waggon, dray, or other carriage, according to the distances which the same shall be carried, as they the said commissioners, or any thirteen or more of them, shall think proper; which said rates and prices of carriage, and none other, shall from time to time be paid or payable for any the purposes aforesaid. ; CIII. And whereas the inhabitants of the said town of Kingston-upon-Hull are chiefly supplied with water, for their necessary uses, from a place called the Water-House, conveyed to the said town by pipes, some of which are laid in the Town's Ditches, Be it therefore further enacted by the authority aforesaid, That in case the said commissioners shall find it necessary, in carrying on any of the works authorised by this act, to remove or take away any of the said pipes, the said commissioners, or any thirteen or more of them, shall, and they are hereby required, at their own expence immediately, to reinstate the said pipes, or to place others, in such manner and form that the inhabitants of the said town may receive no prejudice thereby, but may be supplied with water from the said water-house, in as large quantities, and in as effectual a manner, as they were before the passing of this act. CIV. And be it further enacted by the authority aforesaid, That all penalties and forfeitures by this act inflicted, or directed to be inflicted, (concerning the recovery of which no particular direction is hereby given) shall, if the same be not paid within fourteen days after the same shall be demanded, be recovered and levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hands and seals of any two of the justices of the peace of the said town of Kingston-uponHull, which warrant they, or any two of them, are hereby empowered and required to grant, upon the information of one or more credible witness.or witnesses, upon oath, before them, or any two of them made which oath *For recovery of Penalties, see 42 Geo. III. c. 91, s. 64 and 65, post. The Fares of Trucks and Carts to be fixed. any two of them are hereby empowered to administer; and that all the penalties and forfeitures by this act inflicted shall, when recovered, after rendering the overplus (if any be) when demanded, to the party or parties whose goods and chattels shall be so distrained and sold (the charges of such distress and sale being first deducted) be paid into the hands of such person or persons as the said company shall direct and appoint, for their use; and in case no distress as aforesaid can be had, then it shall be lawful for these no such justices, for the time being, or any two or more of them, by like warrant or warrants, to commit the party offending to the common gaol or house of correction of the said town, for the space of twenty days, without bail or mainprize, unless the said penalty and charges shall be sooner paid and satisfied. CV. Provided always, and be it further enacted by the authority afore said, That it shall be lawful for the justices of the peace, or any of them, by whom any judgment, sentence, or determination shall be given, pronounced, or made, from time to time, where they see cause, to mitigate, compound, or lessen any of the penalties or forfeitures as aforesaid, as he or they in his or their discretion shall think fit, so as such mitigation or composition do not extend to remit above one moiety of the penalty inflicted and directed to be levied by this act; and that every such mitigation or composition shall be a sufficient discharge for the persons offending respectively, for so much of the said penalties and forfeitures as shall be so mitigated, lessened, or remitted. CVI. Provided also, and be it further enacted by the authority aforesaid, That if any person or persons shall think him. her, or themselves aggrieved, or remain unsatisfied with the judgment of the said justices, or any of them, by reason of any sentence or judgment to be given or pronounced by them, or any of them, as aforesaid, or by any other matter or thing done by virtue of this act, such person and persons shall and may complain or appeal to the justices of the peace, at the next general quarter sessions of the peace to be held in and for the said town and county of the town of Kingston-uponHull, (proper and reasonable notice of such complaint or appeal being first given,) who are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the matter of every such complaint or appeal; and, in case of conviction, to issue a warrant or warrants for the levying and enforcing of payment of the said penalties and forfeitures, by the ways and means before mentioned, together with such costs and charges to the party in whose favour such appeal shall be determined, as the justices in their said sessions shall order and direct; which orders and judgments respectively shall be final and conclusive to all parties, and shall not be removed or removable by any writ or writs of certiorari, or otherwise, into any of his Majesty's courts of record at Westminster or elsewhere. CVII. Provided nevertheless, and be it further enacted by the authority aforesaid, That no order, or other proceeding, to be had or made by or before the said justices, or the said commissioners, or any of them, in relation to the premises, shall be quashed or vacated for want of form only; and that, where any distress shall be made for any sum or sums of money to be levied by virtue of this act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers on account of any defect or want of form in the summons, convic tion, or warrant of distress, or other proceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or tresspassers ab initio, on account of any irregularity which shall be afterwards done by the party or parties distraining; but the person or persons aggrieved by such irregularity shall and may recover special damages in an action upon the case. CVIII. And be it further enacted by the authority aforesaid, That no action or suit shall be commenced against any person or persons, for any thing done in pursuance of this act, until twenty days notice shall be thereof given to the person or persons against whom the same is to be brought, or after a sufficient satisfaction, or tender thereof, hath been made to the party or parties aggrieved, nor after six calendar months next after the fact committed; and such action or suit shall be laid and brought in the said county of the town of Kingston-upon-Hull, and not elsewhere; and the defendant or defendants, in such action or suit, shall and may plead the general issue, and give this act, and the special matter in evidence at any |