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1.42 Geo. "III. Cap. 91. Royal Assent, 22 June, 1802.106

TO

w banauant yidgis An Act for amending an Act passed in the fourteenth-year of

the reign of his present Majesty intituled, “An A et for -- "* making and establishing public quays or wharfsat Kingston Juhenpon-Hul), 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 accoms il, e rit " modation of vessels using the said port; and for appropriating

s. "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;" and also for making additional basons or docks · at Kingston-upon-Hull; with an entrance into the same from

the river Humber; and for granting certain lands belonging Liisi li to bis Majesty, in aid of the said works.

* ? ". '1. WHEREAS an act was passed in the fourteenth year of the reign of Preamble.

his present Majesty, intituled, “ An Act for making and establishing public Act 14th Geo. III. “ 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 bis
“ 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;"
whereby his Majesty was empowered to appoint open quays at the said port
as therein directed; and the company therein described were empowered.
and required to make a bason or dock for the reception of ships and vessels,

and for the benefit of the trade and commerce of the said port, to extend jedno .1, from the river Hull to a place in the said town called Beverley Gates, or as

near thereto as conveniently might be, of such depth and width, and in
such manner as therein particularly directed, together with a quay or wharf,
and such reservoirs, sluices, bridges, roads, and other works, requisites,
matters, and things, as should from time to time be adjudged necessary for
the more convenient use of the said bason or dock, and for the general
benefit of shipping, and of the trade and commerce of the said port; for:
which purpose the mayor and burgesses of the said town of Kingston-upon-
Hull, the guild or brotherhood of masters and pilots, seamen of the Trinity
House of Kingston-upon-Hull, and the several persons therein pamed, and
all others who should become subscribers towards the expence of carrying
on the said works, their successors, executors, administrators, and assigns,
together with such other persons as they or the major part of them should
at any meeting appoint, were united into a company for the purposes of the
said act, and were declared to be a body politic and corporate, by the name
of “ The Dock Company at Kingston upon-Hull," with a common seat, and/
with powers to' purchase lands, and to take and use such parts of hiss
Majesty's military works at Kingston-upon-Hull aforesaid, as were thereby
given and granted by his Majesty for those purposes, and in order tos
facilitate the execution of the said works, tbe sum of fifteen thousands
pounds was directed to be paid out of his Majesty's customs at the said i
port, at the times and in manner therein mentioned, and the said docko
company were authorised to raise amongst themselves a sum of money;nnot
exceeding eighty thousand pounds, to be divided into such number of a
shares, and the subscribers thereto were to receive, after the works were

I

such

completed, such profits as directed in and by the said act; and if the said 42 Geo.'111. sum of eighty thousand pounds should not be raised, or be insufficient for

c. 91. making the said dock and other works, the said dock company were thereby authorised to borrow at interest, on the credit of the rates and duties granted by the said act, so much money as might make up the said sum of eighty thousand pounds for completing the same; and in consideration of the charges and expences which ihe said dock company would be put unto in making, repairing, maintaining, ayd keeping in repair the said bason or dock, and other works directed by the said act, severalbrates and duties were thereby granted to them, which were to commence as therein particu. sarly mentioned. Toit. And whereas the said dock company made the said bason or dock, That the Dock. and built the quay or wharf within the time limited by the said recited Company, made a

Dock and Quay. act, and of larger dimensions than thereby directed; but by reason of the increase of the trade and commerce of the said port, the said bason or dock, That the present and the harbour at Kingston-upon-Hull, are not sufficient for the reception Dk and and accommodation of the ships and vessels belonging to and using the said insufficient,

Harbour are port, and by reason thereof delays and inconveniences have arisen in the lading and unlading of ships and vessels, and also by the confined and crowded state of the shipping in the said bason or dock, the same cannot be conveniently cleansed and scoured, so as to prevent the mud from warping up and lessening the depth thereof; and in cases of accidents by fire, much danger may be apprehended to the shipping therein, and to the said town. II]. And whereas it is expedient for the greater accommodation and That another

Dock would tend benefit of the trade and commerce of the said port of Kingston-upon-Hull, De

to remove tlie and the increasing and better securing of his Majesty's revenue at the said present Incon. port, and also for the protection and security of his Majesty's ships of war, veniences.. stationed or to be stationed in the river Humber, that an additional bason or dock should be made at the said port, in the situation and of the dimene, sions hereinafter described.

IV. And whereas the said dock company have agreed to make such additional bason or dock at the said town of Kingston-upon-Hull, and for tliat purpose to appropriate a certain piece or parcel of ground, heretofore part of the land belonging to his Majesty's military works at Kingstonupon-Hull, called The Town's Ditches, extending from a certain place in the said town called Myton Gates, southward to another place in the same. town called Hessle Gates, being parcel of the military works herein before mentioned to have been by his Majesty granted to the said dock company.

V. And whereas the said dock company, the said mayor and burgesses. That the Three and the said guild or brotherhood, have severally agreed to and with each Corporations

have agreed to other, to contribute and pay the expences attending the making of the said

sard defray the Exadditional bason or dock, in the proportions hereinafter mentioned : But pence of making inasmuch as the making of the works hereby intended, cannot be accom- another Dock. plished and carried into execution without the aid and authority of parliament; May it therefore please your Majesty, that it may be enacted; And be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That it shalt and may be lawful for the said dock company, and their successors, and they are hereby empowered and required, within the space of seven years, from and after the first day of January one thousand eight hundred and three, to make and build, of cause to be made and built, an additional bason or dock capable of containing seventy sail of ships or square rigged vessels, of the average tonnage of the ships or vessels usually frequenting the said port of Hull, in and upon the said piece or parcel of ground, last hereinbefore described to be lying between Myton Gates and Hessle Gates · aforesaid, and in and upon such other ground adjoining thereto as shall be necessary for that purpose; extending from Myton Gates aforesaid, or as . near thereto as conveniently may be southward to Hessle Gates aforesaid, and from thence still southward to the low-water mark of the said river · Humber, and to make the said additional bason or dock in all parts thereof · of a sufficient depth, and with a lockpit or entrance into the same from the said river Humber, of a sufficient width and depth to admit his Majesty's ships of war of fifty güns; which said additional bason or dock sball from thenceforth be called the “Humber Dock;" and also that it shall be lawful

37

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49 Geo. III. for the said dock company and their successors, and they are hereby einc. 91.

powered and required to build, or cause to be built, wi:hin the said space of seven years, on the cast side of the said additional bason or dock, a wharf, the whole length thereof, which shall not exceed the average width of seventy feet, and on the west side of the said bason or dock, it wharf, the whole length thereof, which shall not exceed the average width of forty feet, for the trade and business of the said town and port ; together with a drawbridge over the lockpit or entrance of the said intended bason or dock, proper for the passage of carriages, cattle, and foot passengers, and such other bridges, roads, and works, requisites, matters, and things, as they the said dock company and their successors shall from time to time adjudge necessary, for the more convenient use of the said additional bason'or dock. and wbarfs, and for the general benefit of shipping, and of the Trade and

commerce of the said port. Powers of former VI. And be it further enacted, That the said recited act, and 'all and Act to extend 10 every the rates and dutics, powers, authorities, provisions, regulations, this Act.

clauses, penalties, forfeitures, matters, and things, therein and thereby given, granted, vested, levied, or to be executed (except so far as the same or any of them are by this present act enlarged, diminished, altered, quali fied, or otherwise explained) shall be and they are hereby declared to be in full force, as well in regard to the said additional bason or dock, and other works bereby directed or intended to be made, and for effecting all other the purposes of this present act, as for the purposes of the said recited act, in as full, large, ample, and beneficial a manner, to all intents and purposes, as if the same were expressly repeated and re-enacted in the body of

this present act, For purchasing

VII. And whereas it will be necessary for the said dock company to pur. Land.

chase lands and tenements for the purpose of making the said additional bason or dock, and entrance, wharfs and other works hereinbefore directed to be made, and for making the road hereinafter directed to be made, and for laying soil, utensils, and materials upon and for the repairs of the said bason or dock, entrance, and wharfs, whenever such repairs may become necessary; Be it therefore further enacted, That it shall be lawful for the said dock company, and they are hereby empowered, within twelve calendar months next after the passing of this act, to treat and agree, and to employ any person or persons to treat and agree, with the owners and occupiers thereof, and other persons entitled thereto or interested therein, for the pur. chase of all such lands, tenements, and nereditaments, and the buildings thereon, which shall be necessary or requisite for effecting the purposes aforesaid, and no more, without incurring any of the penalties or forfeitures of the statutes of mortmaio, or any of them; and after payment of the sum or sums of money which shall be agreed upon or ascertained for such pur. chase or purchases, the said dock company are hereby authorised to appro.

priate such lands and tenements respectively for the purposes of this act. Politic. VIII. And be it further enacted, That it shall be lawful for all bodies &c. Trustees, and politic, corporate, or collegiate, corporations aggregate or sole, trustees and other Persons, . feoffees in trust for charitable or other uses, and all other trustees and empowered to sell feoffees in trust whatsoever, guardians and committees for lunatics atd and convey Lands,

idiots, executors, administrators, and guardians whatsoever, not only for or on behalf of themselves, their heirs and successors, but also for and on behalf of their cestui que trusts, whether infants or issue unborn, lunatics, idiots, femes covert, or other persons whoinsoever, and to and for all femes covert, who are or shall be seised in their own rights, and to and for all and every person and persons whomsoever, who are or shall be seised or possessed of or interested in any lands, tene. ments, or hereditaments, which shall be necessary to be purchased for any of the purposes last hereinbefore mentioned, to treat for, sell, and convey, assign, or surrender all or any such lands, tenements, or hereditaments, or any of them, or any part or parcel thereof, and all their respective interests , therein, of what nature or kind soever, to the said dock company and their successors, or any person or persons in trust for them; and that all contracts, agreements, bargains, sales, conveyances, assignments, surrenders, and assurances, which shall be inade by such persons as aforesaid, shall be good and valid in the law, to all intents and purposes, not anly to convey the estate and interest of the person and persons conveying, but also to con

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vey ani right, estate, interest, use, trust, property, claim, and demand what= 42 Geoll. soever, of their several and respective cestui que trusts, whether infants or

c. 19.1. issue unborn, lunatics, idiots, femes covert, or other persons whomsoever,

and all claiming or to claim by, from, or under them; any law, statute, · usage, or any other matter or thing whatsoever to the contrary thereof in

any wise notwithstanding; all which conveyances and assurances of freehold lands, ter,enients, and bereditaments, so to be made in pursuance of this Conveyances to act, or a memorial thereof, shall, within six calendar months next after the be register«d. making thereof, ba registered at the public register office established in Beverley, in the East Riding of the county of York, by an act passed in

BUONI ihe sixth year of the reign of her late Majesty queen Anne, at the expence of the purchasers; and all which surrenders of copyhold lands, tenements, and hereditaments, shall be entered upon the rolls of the respective manors of which the same shall be held; and that all such persons so conveying as aforesaid, or making such assurances as aforesaid, shall be and are bereby indemnified for what they shall do 'by virtue or in pursuance of this act, notwithstanding any omission or mistake of matter of form whatsoever; and if it shall happen that any bodies politic, corporate, or collegiate, or any When Parlies other person or persons seised or possessed of or interested in any such lands, refuse to treat, tenements, or hereditaments, shall refuse to treat or agree, or by reason of

&c. a Justice of

Peace for the disability cannot agree with the said dock company, or with any person or East Riding of Persons authorised by them, for the sale and conveyance of their respective the County of estates and interests therein, or shall not produce and evince a clear title to York to issue a the premises they are in possession of, or to the interest they claim therein,

precept for

enpannelling to the satisfaction of the said Dock Company, or of the person or persons só a jury; authorised by them, then and in every such case it shall be lawful for any one of his Majesty's justices of the peace for the East Riding of the county of York, upon application to him made by the said dock company, and such justice of the peace is hereby authorised and required, within fourteen days next after such application to be made, to issue his warrant or warrants, precept or precepts, directed to the sheriff of the said county of York, who is hereby authorised, directed, and required accordingly, to empánnel, summon, and return a competent number of substantial and disinterested persons of the said riding, qualified to serve on juries, not less than twentyfour por more than forty-eight; and out of such persons so to be empan, who are to be nelled, summoned, and returned a jury of twelve men shall be drawn by drawn as the Act some person, to be by the said justice appointed, in such manner as juries 3 Geo. II. directs. for the trials of issues joined in his Majesty's courts at Westminster, are by an act made in the third year of the reign of his late Majesty King George the Second, intituled, “ An Act for the better regulation of juries," directed to be drawn, which persons so to be enpannelled, summoned, and returned as aforesaid, are hereby required to come and appear before the said justice, at such time and place within the said town of Kingston-upon-Hull, as in such warrant or warrants, precept or precepts, shall be directed and appointed, and to attend the said justice from day to day until discharged by

h e bim; and all parties concerned shall and may have their lawful challenges yuries may be against any of the said jurymen, but shall not be at liberty to challenge the challenged. array; and the said justice is hereby authorised and empowered, by precept or precepts from time to time, as occasion shall require, to call before him all and every person and persons whomsoever, who shall be thought proper and necessary to be examined as a witness or witnesses, on his, her, or their oath or oaths, touching or concerning the premises ; and the said justice, if he thinks fit, shall and may, on the application of either party, or otherwise authorise the said jury to view the place or places or premises in question in such manner as they shall direct, and the said justice shall have power to adjouru such meeting from day to day as occasion shall, require, and to command such jury, witnesses, and parties to attend, until all such affairs for which they were summoned shall be concluded; and the said jury upon Jury to assess the their oaths (which oalbs, as also the oaths of such person or persons as value on oath. shall be called upon to give evidence, the said justice is hereby empowered

and required to administer) shall enquire of the value of such lands, teneements, or hereditaments, and of the proportionable value of the respective

estates and interests of every person or persons seised or possessed thereof, or interested therein, or of or in any part thereof, and shall assess or award the sum or sums of money to be paid to such person or persons, party or

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42 Geo. II. parties respectively, for the purchase of such lands, tenements or heredita

ments, and of such respective estates and interests therein, and the said justice shall and may give judgment for such sum or sums of money so to be

assessed; which said verdict or verdicts, and the said judgment and judg. RENK you ments, determination and determinations thereupon (notice in writing Verdict of ihe"" being given to the person or persons interested or claiming so to be, at least jus,&c, to be seven days before the time of meeting of the said justice and jury by leay. fiualcoy *2min

ing such notice at the dwelling-house of such person or persous, or at this, her, or their usual place or places of abode, or with some tenant or occupier of some of the said lands, tenements, or hereditaments intended to be valued or assessed) shall be binding and conclusive to all intents and purs

poses 'whatsoever, as well against the King's Majesty, his beirs and suca set rijs

cessors, as against all hodies politic, corporate, and collegiate, and all and 3.)

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every person and persons claiming any estate, right, title, trust, use. or ini "A ! terest in, to, or out of such lands, tenements, or hereditaments, and pre

mises, in possession, reversion, remainder, or expectaney, as well infants as issue unborn, lunatics, idiots, and femes covert, and persons under any other legal incapacity or disability, and all other custoi que trusts, his, her, and their heirs, successors, executors, and administrators, and against all other persons whomsoever; and the said verdicts, judgments, and determi. nations, and all other proceedings of the said justice and juries so to be made, given, and pronounced as aforesaid, shall be fairly written on parchment, and signed by the clerk of the peace for the said riding; and in case it shall so happen, that the sun or sums of money so to be assessed and awarded in consequence of such refusal to treat and agree as aforesaid, as the value of such lands, tenements, or hereditaments, or such proportionable value as aforesaid, shall not exceed the sum or sums of money which the said dock company, or any person or persons authorised by them, shall have previously offered to pay as and for such value, then and in every such case all the reasonable costs, charges, and expences of causing and procuring such value to be assessed and awarded by a jury as aforesaid, and of so assessing and awarding the same, shall be borne and paid by the bodies politic, corporate, or collegiate, or other person or persons so seised or possessed of or interested in such lands, tenements, or hereditaments, and so refusing to treat and agree as before mentioned respectively; and the said dock coin pany are hereby authorised and empowered to deduct and retain the said costs, charges, and expences, out of the sum or sums of

money so to be assessed or awarded as aforesaid, or out of any part thereof. Upon Payment IX. And be it further enacted, that upon payment of the sum or sums of of the Value assessed the

money so to be awarded and adjudged as aforesaid, after such deduction as Premises to be aforesaid, if the case shall so require, to the person or persons to whom the conveyed to the same shall be so awarded, for the purchase of the said lands, tenements, or dock company.

hereditaments, or for the purchase of any estate'or interest therein, such person or persons shall make and execute, or procure to be made and executed, good, valid, and legal conveyances, assignments, and assurances in the law to the said dock company and their successors, or any person or persons in trust for them, of the said lands, tenements, and hereditaments, or of such 'estate or interest for which such sum or sums of money shall be šo a warded, and shall procure all necessary parties to execute such conveyances, assignments, and assurances, and shall do all acts, matters, and things necessary and requisite to make and derive a good, clear, and perfect title thereto, to the said dock company; and such conveyances, assignments, and assurances, shall contain all such reasonable and usual

covenants as shall on the part of the said dock company be required; and When a good title cannot be

in case the person or persons to whom such sum or sums of money shall be inade, or legal awarded as aforesaid, shall not be able to evince and make out a good and conveyances sufficient title to the premises, to the satisfaction of the said dock company, executed,

and to make or procure to be made good, valid, and legal conveyances thereof to the said dock company, or any person or persons in trust for them, or shall refuse so to do being thereunto required, and such sum or suns so assessed or awarded as aforesaid, after sucb deduction as aforesaid, being produced and tendered to be paid to him, her, or them, on their making such title, and executing or procuring to be executed such cona veyances, surrenders, assignments, and assurances as aforesaid, or shall refuse to accept or receive the same, being tendered to be paid to him, her,

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