14 G 20. c. 56. trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if it shall appear to be so done, or that such action or suit shall be commenced after the time limited for bringing the same, or shall be brought in any other county or place, or in any other manner, than directed by this act, then the jury shall find for the defendant or defendants; and upon a verdict for the defendant or defendants, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his or their action or sitit after the defendant or defendants shall have appeared, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have the Treble Costs. like remedy for the same as any defendant or defendants hath or have in other cases by law. CIX. Provided always, and be it further enacted by the authority aforesaid, That no nomination, appointment, information, order, verdict, judge ment, conviction, warrant, mortgage, assignment, transfer, or other security or other writing whatsoever, under the seal of the said company, or under the hand and seal, or hands and seals of, or only signed by any of the said commissioners, or by any justice or justices of the peace, or exhibited before them, or any of them, or otherwise made use of concerning or in execution of any of the powers and authorities hereby vested in them, or any of them, shall be charged or chargeable with any stamp duty whatsoever.* Writings may be without Stamps. CX. And whereas the guild or brotherhood of masters and pilots, seamen Saving Rights of of the Trinity House of Kingston-upon-Hull, by virtue of certain charters or the Trinity letters patent, granted to them by his Majesty's royal predecessors, the House. kings and queens of England, or some or one of them are entitled to and have exercised and enjoyed, several powers, privileges, and authorities, in and concerning the haven of the said town of Kingston-upon-Hull, and the roadstead near the haven mouth of the said town, for the better regulation of ships there, and have from time to time appointed a haven master for the ordering of ships in the said haven, according to such rules, orders, and directions, as the said guild or brotherhood have thought expedient; be it therefore enacted by the authority aforesaid, That nothing in this act contained shall extend, or be construed to extend, to take away, impeach, diminish, change, or affect, the rights, powers, privileges, jurisdictions, or authorities of the said guild or brotherhood, about or concerning the said haven or roadstead, and premises so vested in them, or which they might have used, exercised, and enjoyed by virtue of any charter, letters patent, grant, right, or title whatsoever, otherwise than as the same are by this act expressly taken away, varied, altered, or restrained. CXI. And whereas the late king Richard the Second, by his letters Saving the patent under the great seal of England, bearing date at Westminster the Rights of the fourth day of June, in the fifth year of his reign, granted to the mayor and Corporation. burgesses of the town of Kingston-upon-Hull, aforesaid, by their then name of incorporation, the mayor, bailiffs, and burgesses of the town of Kingstonupon-Hull, and their heirs and successors, for the improvement of the same town, that they and their heirs and successors should have the port nigh the said town, formerly called Sayer Creek, then called Hull, for ever annexed to the said town, and the liberties thereof, from Sculcoates Goat to the middle stream of the Humber, so that they and every of them might build houses, quays, and staiths, within the same water, for the improvement, defence, preservation, and increase of the said town; be it therefore enacted, That nothing in this act contained shall extend, or be construed to extend, to take away, impeach, diminish, change, or affect, the rights, dues, duties, and payments, powers, privileges, jurisdictions, or authorities, of the said mayor and burgesses, so granted to them as aforesaid, or any other rights, dues, duties, or payments, powers, privileges, jurisdictions, or autho rities in any wise belonging to them, otherwise than as the same are by this act expressly taken away, varied, altered, or restrained. CXII. And be it further enacted and declared by the authority aforesaid, Public Act. That this act shall be taken and allowed, in all courts of judicature within this kingdom, as a public act; and all judges and justices are hereby required to take notice thereof as such, without specially pleading the same. 19 Geo. III. c. 48. Recital of an Act 14 Geo. III. 19 Geo. III. Cap. 48. W 1779. An Act to explain so much of an act, made in the twelfth year of the reign of King Charles the Second, intituled, An Act for *the encouraging and increasing of shipping and navigation, as relates to the importation into this kingdom, and other his Majesty's dominions, of goods and commodities of the growth Mor production of Africa, Asia, or America, which are manu-i factured in foreign parts; for preventing masters of ships removing their vessels out of the stream, except to the lawful quays, in the port of London, before the goods are discharged, or their vessels are cleared by the proper officers inwards or outwards; and for allowing the officers of the customs and 'excise to make use of lights on board ships in the haven, dock, or bason, at the port of Kingston-upon-Hull. IV. And whereas by an act of parliament, made in the fourteenth year of the reign of his present Majesty, intituled, An act for making and establish ing public quays or wharfs at Kingston-upon-Hull, for the better securing his Majesty's revenues of customs, and for the benefit of commerce in the port of Kingston-upon-Hull; for making a bason or dock, with reservoirs, sluices, roads, and other works, for the accommodation of vessels using the said port; and for appropriating certain lands belonging to his Majesty, and for applying certain sums of money out of his Majesty's customs at the said port, for those purposes; and for establishing other necessary regulations within the town and port of Kingston-upon-Hull; it is, amongst other things, enacted, 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 in the said act for that purpose mentioned) on board any ship or vessel within the haven, dock, or bason, by the said act directed to be made in the said port of Kingston-upon-Hull, (the vessels employed as ferry-boats only excepted,) at any time or times whatsoever, between the twenty-ninth day of September and the twenty-fifth day of March, in every year, after the hour of at any he evening, and before the hour of seven in the morning; nor time or times whatsoever, between the twenty fifth day of March and the twenty-ninth day of September, in every year, after the 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; and whereas, in order to prevent the clandestine running of customable and prohibited goods from on board ships or vessels in the night, it is absolutely necessary that the tidesmen, and other officers of his Majesty's customs and excise, stationed on board, and appointed to guard such vessels for the security of the public revenues, should have liberty to use lights, properly secured, during their stay on board, as occasion may The said Act not require; Be it therefore enacted by the authority aforesaid, That the said to extend to restrain any Officer of the recited aet, or any part thereof, shall not extend, or be construed to extend, to restrain or prohibit any officer or officers of his Majesty's customs or excise from using lighted candles on board any ship or vessel in the said haven, dock, or bason, in such lanthorns, guarded or properly secured against accidents of fire as the collector of his Majesty's customs, and the collector or other principal officer of excise, and the governor or chairman of the dock company at the port of Kingston-upon-Hull, shall at any time think proper to direct and approve e of for that purpose; nor shall any such officer or officers be liable to any penalty or forfeiture for having or keeping, or causing to be had or kept, such lights, in lanthorns secured as afore said, on board such ship or vessel; any thing in the said recited act to the contrary notwithstanding.* An Act for building a New Gaol, &e, (for Title see page 3, ante.) the reign VII. And whereas it necessary that so much of an act, made in the fourteenth year of the reign of bis present Majesty, for making and establishing public quays or wharfs in Kingston-upon-Hull, and for other purposes, as relates to the provisions contained therein with respect to the power given of building and making quays or wharfs to communicate with the common staiths, so as to entitle the proprietors thereof to land goods, called sufferance goods, on such quays or wharfs, should be amended." f LI. And whereas in and by an act made in the fourteenth year of the reign of his present Majesty King George the Third, for making and establishing public quays or wharfs at Kingston-upon-Hull, and for other purposes the proprietors of certain staiths situate on the west side of the river Hull, between Thomas Walton's ship yard and a certain staith called Rotten Herring Staith, were empowered to build quays and wharfs opposite to their several staiths, to be open at all times to the officers of his Majesty's revenue, by a free and clear communication with the common staiths adjoin. ing, in order to entitle the proprietors of such staiths respectively to ship off from or land upon any quays or wharfs certain goods called sufferance goods, in the said act mentioned and described, in such manner as is in the same act mentioned: And whereas it is reasonable and necessary that there should be a free and clear communication between each quay or wharf already built and made, or hereafter to be built and made in pursuance of the said recited act; and every such quay or 'wharf adjoining upon or lying contiguous, or which shall adjoin upon or lie contiguous to the same, and also a free and clear communication between every such staith or staiths, and the common staith near thereto, in order to enable the officers of his Majesty's revenue at all times to have free access to every such quay or wharf from a common staith; Be it enacted by the authority aforesaid, That if any proprietor or proprietors of any staith or staiths, who has or have already built and made, or who shall hereafter build and make a quay or wharf, quays or wharfs, in pursuance of the said recited act, shall not have made and continued, or extended, or shall not make and continue, or extend, such quay or wharf, quays or wharfs, to the full extent or utmost limits of his or their property in such staith or staiths, whereby the proprietor or proprietors of the adjoining staith or staiths is or care, or shall or may be deprived of a free and clear communication with the common staith near thereto, and of the advantage of making and enjoying a quay or wharf, quays or wharfs, then it shall and may be lawful to and for the proprietor or proprietors of such adjoining staith or staiths, who is and are hereby authorised and empowered, whenever he or they shall think it necessary, to give notice to and require the proprietor or proprietors of every such staith or staiths upon or opposite to which any such quay or wharf, quays or wharfs, hath been or shall be built and made as aforesaid, and which shall not have been or shall not be made, continued, and extended to the full extent or utmost limits of the property of every such proprietor or proprietors in every such staith or staiths, so to make, continue, and extend every such quay or wharf as that the adjoining proprietor or proprietors may, by means of such free communication, be entitled and enabled to make and build a quay or wharf, quays or wharfs to communicate and have free and open access with the common staith near thereto; which notice or requisition shall be in writing, and shall be signed by the proprietor or proprietors of such adjoining staith or staiths, and shall be delivered to or left at the house or usual place of abode of any such proprietor or proprietors whose quay or wharf, quays or wharfs, shall not have been or shall not be so made and continued; and in case any such proprietor or proprietors shall not, within six months after such notice or requisition shall have been so delivered or left as aforesaid, make, continue, and extend every such quay or wharf, quays or wharfs, to the full extent or utmost limits of his or their property in every such staith or staiths, upon or opposite to which any such quay M m Empowering the to the full Ship Docks and Quays. [Part IV. £3€%Qy°h! f{ y LII. And be it further enacted, That one full third part of the expences of making, continuing, and of extending every such quay or wharf as aforesaid, beyond the limits which the proprietor or proprietors thereof shall make and deem necessary for his or their own private purpose or convenience, shall be paid and reimbursed him or them, or his or their executors or administrators, by the proprietor or proprietors of the adjoining staith, who shall give or leave such notice or requisition as aforesaid his, or their executors or administrators, within the space of one month after such quay or wharf, quays or wharfs, shall have been so made, continued and extended; and in case such expences shall not be paid within the time herein limited in that behalf, then the same shall or may be recovered by action of debt, in any of his Majesty's courts of record at Westminster, with full costs of suit, in which action or actions, no essoign, wager of law, protection, or more than one imparlance shall be allowed; and in every such actions, it shall be sufficient for the plaintiff to declare or allege, that the defendant is indebted to the plaintiff in so much money paid by the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him according to the form of this statute, without setting forth the special matter. LIII. And be it further enacted, That in case the proprietor or proprietors of any staith or staiths, to whom any such notice and requisition shall be so given, shall refuse or neglect to make and extend his, her, or their quay or wharf, quays or wharfs, in manner aforesaid, that it shall and may be lawful for the proprietor or proprietors of any adjoining staith or staiths, who shall have given such notice, and made such requisition as aforesaid, at any time after the expiration of the six months, to be mentioned in the notice hereby required, to make and build a quay or wharf, or quays or wharfs, so as to continue and extend the same to his or their adjoining staith or staiths; and immediately after the making and completing thereof, to demand and receive two third parts of the whole expence of making and building the said quay or wharf, quays or wharfs, of and from the proprietor or proprietors of the said quay or wharf, quays or wharfs, who shall have so neglected or refused to make and build the same, to the full extent of his, her, or their property, agreeable to such notice and requisition: and in case any such proprietor or proprietors, to whom such notice shall have been given as aforesaid, shall neglect or refuse to pay two full third parts of the whole expence of making and building the said quay or wharf, quays or wharfs, to the proprietor or proprietors of the adjoining staith or staiths, who shall have made or built the same, then it shall and may be lawful for such last mentioned proprietor or proprietors, his or their executors or administrators, to recover the said two full third parts of the said expences, by action of debt in any of his Majesty's courts of record at Westminster, with full costs of suit, and by the same ways and means as are herein given to and for any proprietor or proprietors who shall make and build a quay or wharf, quays or wharfs, pursuant to notice and requisition for that purpose, for recovery of one third part of the expences of making and building the same. LIV. Provided also, and be it enacted and declared, That no quay or wharf, quays or wharfs, now made or built, or hereafter to be made or built, shall be pulled down or otherwise destroyed, so as to prevent a free and clear communication for the officers of his Majesty's revenue with the common staiths adjoining, but shall, for ever after the making or building thereof, be from time to time repaired and kept in repair by the proprietor or proprietors of the said quay or wharf, quays or wharfs respectively, for the time being. LV. Provided also, and be it enacted, That if the proprietor or proprietors of any staith or staiths shall make any sale or conveyance of any part or parts of his or their staith or staiths, the person or persons to whom such part or parts shall be sold or conveyed shall, in respect thereof, be subject and liable to all regulations, restrictions, and provisoes contained as well in the said recited act relative to the making and establishing of sufferance quays or wharfs at Kingston-upon-Hull, as in this present act, for the purpose of making and preserving a free and clear communication officers of his Majesty's revenue, between such private staith or staiths the common staith adjoining upon or lying contiguous, or which shall adjoin or lie contiguous to the same. ELVI. Provided always, and be it further enacted, That nothing in this or any other act or acts of parliament contained, shall extend, or be construed to extend, to give the owner or occupier of any quay or wharfalready made and built, or hereafter to be made and built as aforesaid, any right to claim, demand, or use, a passage for himself, his servants, agents, or workmen, over the quay or wharf of any other person or persons, nor to land, ship off, or carry any goods, wares, or merchandise, upon, from, or over such quay or wharf, quays or wharfs, as shall not be then his property or iu his occupation. LVII. And be it further enacted by the authority aforesaid, That from and after the passing of this act, it shall and may be lawful to and for the proprietor or proprietors of any staith or staiths adjoining upon any common staith or staiths, at his and their own expence, to make and build a quay or wharf, quays or wharfs, opposite to and along the whole extent of such common staith or staiths, so as the same be built or made according to the directions contained in the said recited act for building quays or wharfs, so that such adjoining proprietor or proprietors may by means thereof have a free communication with such common staith or staiths, and be thereby enabled to build`a quay or wharf, quays or wharfs, opposite to his or their staith or staiths adjoining upon such common staith or staiths; and that all and every quay or wharf, quays or wharfs, as is or are already built and made, or that shall at any time hereafter be built and made opposite to any common staith or staiths, shall from time to time, and at all times hereafter, be and become the property of, and be supported, repaired. and maintained by and at the expence of the said mayor and burgesses; and that it shall be lawful for every person and persons whomsoever to make use of any such quay or wharf, quays or wharfs, as is or are, or may be 'built opposite to any common staith or staiths, in such and the like manner as common staiths have heretofore been used and enjoyed. 27 LVIII. And be it further enacted. That where there is or are any staith or staiths on each side of and immediately adjoining to a common staith or staiths, opposite to which any quay or wharf, quays or wharfs, shall be so built as aforesaid, then one full half part of the expences of making and building such quay or wharf, or quays or wharfs, opposite to any common staith or staiths, shall be paid to and reimbursed the person or persons at whose expence the same shall be so made and built, his or their executors For administrators, by the proprietor or proprietors of the other staith or staiths next adjoining to the said common staith or staiths opposite to which such quay or wharf, quays or wharfs, shall be so made and built, within one month after a quay or wharf shall be made or built opposite to the said other staith or staiths next adjoining such common staith or staiths; and in case any such proprietor or proprietors shall neglect or refuse to pay one full half part of the expence of making and building the said quay or wharf, quays or wharfs, opposite to the said common staith or staiths, to the person for persons at whose expence the same shall have been so made and built, then it shall and may be lawful for such last-mentioned person or persons, his or their executors or administrators, to recover the said one full half part of the said expences by action of debt in any of his Majesty's courts of record at Westminster, with full costs of suit, and by the same ways and means as are herein given to and for any proprietor or proprietors who shall make and build a quay or wharf, quays or wharfs, pursuant to notice and requisition for that purpose, for recovery of one third part of the expences 2 of making and building the same. roteingorg For these directions sec 14 Geo. III. c. 56, s. 34, page 239, ante. yy#3JEyecTzymf 23 Geo. I. c. 55. 5 That if any Part of a Starth is sold, the Part so sold shall be subject to the same Restrictions. That no Person shall have a Right of Passage over the Wharford ( Quay belonging to others. To enable the proprietors of Staiths adjoining to common Staiths, to build a Quay in the Front of such commou Starths. To enable such Proprietor of a Staith who shall the Front of a build a Quay in common Staith, to recover One Moiety of the Proprietor of a Expence of the Staith adjoining the other Side of such common Staith, |