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or' jdirection of such vessel shall not immediatelygi ppon request made by the 45 Gevali. haver dmaster, dock master, or other properrofficer o to be appointed by virtue of the said hereinbefore recited acts or either vofthem, ors of this act, pemove the same, he shall for every such offence forfeita sum not exceeding ten pounds and also a sum not exceeding five pounds for every hour of
9V2091T súch obstruction after such requisition; and it sball be lawful for the said baventmaster, dock master, or other proper officer to be appointed as afore said, to cause any such ship, lighter, baigegorootber, yessel, to be removed, inosuch manner and to such place as shall be propert for preventing such obstructions or to be unloaded, if necessary,nanda to seize or distrain such ship,dighter, barge,a boat, or other vessel, and the vlading thereof, or any pártiof such lading, until the charges occasioned by such removal shall be paid anda if any person or persons shall suffer the loading of any boat or barge, or other wessel navigating in or upons the said hayen. dockszor basons, to be over the sides thereof, and shall not immediately, when so re. quired, remove such obstruction; or if any person shall wantonly, carelessly, or negligently, open or cause to be opened any dock gate, valve, or clough, belonging to any lock erected or to be erected on the said works or rool Die 200 any of them, or wantonly or mischievously Aush or draw off, or cause to be we ?0 336*od of flushed or drawn off, water from the said docks or basons, or either of them, or shall suffer any ship, lighter, barge, boat, or other vessel, to strike upod or against any of the bridges, locks, walls, or piers thereof, every person so offending shall forfeit and pay for every such offence 'a sum not exceeding ten pounds nor less than five pounds, over and above the expences of repair ing the damages which may be occasioned thereby.; " 19 mm 2T "O 2700W0
XIV. And be it further enacted, That no wood or timber which shall be Timber not to be delivered in the said haven, docks, or basons, or any of them, shall be per. left more than mitted to lie or remain therein for a longer time than forty-eight hours after
Hours. the delivery thereof, upon pain of forfeiting any sum not exceeding five 399 9 9X pounds; and in case the same shall not be removed during the flood fidé.90126 07 next after the expiration of that time, or a sufficient cause shewnjwhy it
tiga, should not be removed, the owner or owners thereof shall for every such
system offence forfeit and pay the sum of twenty shillings for every tide the same shall remain after such flood tide. Si., 02.0 is2-06.9
XV. And be it further enacted, That no holidays owhatsoever shall be No Holidays permitted or allowed to be observed and kept at the said haven, or the except Sundays, quays or wharfs erected or to be erected thereon (bye virtue of the said first &c. herein before recited act, or at the said docks, basons, quays, wharfs, warehouses, or other works of the said company, either by any officer or officers of or belonging to his Majesty's revenue, or by any officer or servant of the said company, or other person or persons whowsoever, except. Sundays, Christinas Days, and Good Fridays, and any day which shall be appointed by his Majesty's proclamation for the purpose of a generals fast: or thanks that once moves giving, but that all business of the said companyy and relating to his 303 131588_O
odsotni 938611 Majesty's revenue, and of all persons using the said haven, docks, basons, o
Oo ooo quays, wharfs, warehouses, or other works, shall be carried on upon all holidays, except as before excepted, in the same manner as upon any other days in the year. Historia i
25 EAP 471320 gados XVI. And be it further enacted, That the said herein before recited acts Powers of the respectively, and all and every the rates and duties, powers, authorities, former Acts to provisions, regulations, clauses, penalties, forfeitures, matters, and ethings
? extend to this
Act. therein and thereby respectively given, granted, vested, or to be executed (except so far as the same or any of them are by this present act enlarged, diminished, altered, qualified, or otherwise explained) shall be and they are hereby declared to be in full force, as well in regard to the said haven, and
** to the docks, basons, and other works, by the said act respectively directed or: intended to be madegand for effecting all other the purposes of the same acts as for the purposes of this present act, in as full, large, ample, and beneficiat a manner, tosallo intents and purposes, as if the same were exo. pressly repeated and re-enacted in the body of this present act. * * 30XVII. And be it further enacted, That in case the person or persons to In case of not whom any sun or sums of money shall be awarded for the purchase of any making out slands,tenemients, cornereditaments to be purchased by virtue of the said Titles ; feeitediactsy shall refuse to accept the same, or shall not be able to make a good title to the premises, to the satisfaction of the said company, or any
45/Geo. Jll. three or more of them; or in case such person or persons to whom such sum c. 42.
or sums of money, shall be so awarded as aforesaid cannot be found, or if the person or persons entitled to such lands, teniements, or hereditaments
be not known or discovered, then and in every such case, it shall and may Or if Persons be lawful to and for the said company, or any three or more of them. to caunot be found, order the said 'sum or sums of money so awarded as aforesaid, to be paid into Purchase Money to be paid into the bank of England) in the name and with the privity of the Accountant the Bank ; General of the court of chancery, to be placed to his account to the
credit of the parties interested in the said lands, tenements, or hereditaments Silhject to the describing them subject to the order, controul, and dispositibn blihe shid Ofiter of the Court of
court of clancery; wbich said court; on the application of any persónzot Chancery on
persons making claim to such süm on sums of money, orlany part, thereof, Motion or by motion or petition, tshall be and is bereby empowered in a suin maryaway l'etition.
of proceeding, or otherwise as to the same court shall skemmtét, to order the same to be laid out and invested in the public funds, and tot orderdis: tribution thereof, or payment of the dividends thereof, accordingi tosthe respective estate or estates, title or interest, of the person or persons making elaim thereunto, and to make such other order in the opremises as to the said court shall seem just and reasonable; and the cashier or cashiers of the bank of England, whu shall receive such sum or sums of money, sis andare bereby required to give a receipt or receipts for such sum or sums of money, mentioning and specifying for what and for wbose use the sameris orare received, to such person or persons as shall pay any such sum cor sunis of money into the bank as aforesaid. i
t Tipi * ii i23 TOW Where any ques. XVIII. Provided always, and be it further enacted, That where any tion shall arise question shall arise touching the title of any person to any pioney to be touching the title
ile paid into ihe bank of England, in the name and with the privity I of the to Money the Personho shall Acepuntant General of the court of chancery, in pursuance of this aet, for be in Possession the purchase of any lands, tenements, or hereditaments, or of any estate, of Lands, &c. at right, or interest, in any lands or hereditaments to be purchased in purthe Time of such Purchase. shall“ suance of the said acts, or to any bank annuities to be purchased with any be deemed such money, or to the dividends or interest of any such bank annuities, the entitled.
person or persons who shall have been in possession of such lands. or here. ditaments at the time of such purchase, and all persons claiming under such person or persons, or under the possession of such person or persons, shall be deemed and taken to have been lawfully entitled to such lands, tene ments, or bereditaments, accordiug to such possession, until the contrary shall be shewn to the satisfaction of the said court of chancery; and the dividends or sinterest of the bank annuities to be purchased witb, such money, and also the capital of such bank annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said count that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such lands, tenements, or here
ditaments, or to some estate or interest therein. 2 +88: Van "van bier Saving Rights of boXIX. And whereas the guild or brotherhood of masters and pilots, seamen the Trinity of the Trinity House of Kingston-upon-Hull, by virtue of certain charters House,
or letters patent granted to them by bis Majesty's royal predecessors the kings and queens of England, or sonte or one of them, are entitled to, and have exercised and enjoyed several powers, privileges, and authorities in and concerning the baven of the said town of Kingston-upon-Hull, and the roadstead near the baven 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 notbing 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 tbem, or wbich they might have used, exercised, and enjoyed by virtue of any act of parliament,
charter, letters patent, grant, right, or title whatsoever. semo) loob bisa Public Act. XX. And be it further enacted and declared, That this act shall be
deemed and taken to be a public act, and shall be judicially, taken boot ide of as such by all judges, justices, and others; withoute being specially pleaded. B, mitä
64 visu bas ils coqu b9g76119
mua doua rofw 14 tárgya. 7.9 .977301, ske sets to 93-**, 7.5 703 51Geos IV.
Geo. IV. Cap. 32. Royal ́Assent, 3rd June, 1824.
ein.110 oschis late Majesiy, fur ina king additional Basous, or Ducks at sitten su tot 1152
1920' ja Kingston upon-Holl, as relates to certain lands belonging to jai bugun or this Majesty.is , is wi
i n. 1,
1908 907 atam Bible 11., 1
int0i,1's. iii) . bisk WHEREAS by an act passed in the forty-second year of the reign of 42 Gaout.2013 hise late Majesty, intituled an act for amending an act passed in the fourteenth year of the reign of his present Majesty, iatituled “. An act for 4 makiog and establishing public quays or wharfs at Kingston-upon-Hull, 19 for the better securing his Majesty's revenue of customs, and for the “ benefit of commerce in the port of Kingston upon Hull; for making a 91 bason or dock, with reservoirs, sluices, roads, and other works, for the maccommodation of vessels using the said port; and for appropriating cer41 tain lands belonging to his Majesty, and for applying certain sums of If money out of his Majesty's customs in the said port for those purposes, and $1 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 to his Majesty in aid of the said works: It was enacted, That from and after the passing of the said act all that piece or parcel of ground, being part of the land belonging to his Majesty's military works at Kingston-upon-Hull, on the east side of the riyer. Hull, containing by estimation thirty-seven acres or thereabouts, situate, lying, and being in the county of the town of Kingston-upon-Hull and county of York, or one of them, together with and including the fore. shores of the same piece or parcel of ground, extending to the low-water mark of the river Humber, the building called the North Block house, and all other buildings, gates, walls, inner and outer ditches, cuts, land covered with water, ramparts, jetties, mooring posts, and other works, iu, upon, or helonging to the said piece or parcel of ground and premises, which said piece or parcel of ground and premises comprised the whole of the land and buildings belonging to his Majesty's military works on the east side of the said river Hull, (save and except the citadel and the foreshore thereof, and which said citadel and foreshore or space comprehended between two straight lines drawn on a right angle with the curtain of the said citadel, and extending from the said citadel to the low-water mark of the said river Humber, were meant and were thereby declared to be reserved to his Majesty, his heirs and successors,) should be granted and confirmed, and the same were thereby accordingly granted and confirmed unto the said mayor and burgesses and guild or brotherhood, and their respective successors for ever, freed and discharged of and from all claim, right, and 31 pm PS theo title whatsoever of his said Majesty, his heirs and successors, in right of his
1876 et crown or otherwise; and it was by tbe said act directed, that the said sum of eight thousand pounds should be paid into the treasury of his Majesty's . office of ordnance, to be applied to the current service of the said office of ordnance by tbe said mayor and burgesses, the said guild or brotherhood, and the dock company of Kingston-upon-Hull aforesaid, in the proportions and at the times thereinafter mentioned ; that is to say, the sum of four thousand pounds (being one moiety or equal half part thereof) by the said dock company, and the further sum of four thousand pounds (being the residue and in full of the said sum of eight thousand pounds) by the said mayor and burgesses and the said guild or brotherhood, in equal shares and proportions, by eight annual instalments of one thousand pounds each, at ibe times and in manner therein mentioned ; and it was also further enacted, that until payment should be made of the said sum of eight thousand pounds in manner therein mentioned, or of the shares or proportions of the said dock company, the said mayor and burgesses, and the said guild or brotherhood respectively, on the several days and timesthereinbefore
A du bimited and appointed for that purpose, contrary to the true intent and meaning of the said act, the said sum of eight thousand pounds should be charged upon all and every the estates, lands, and hereditameuts of the said
5. Geo. IV. dock company, the said mayor and burgesses, and the said guild or brother,
hood respectively, and that in default of payment thereof, in manner aforesaid, it should be lawful to and for his said Majesty, his heirs and successors, into or upon alt and every or any of the estates, lands, or heren
ditaments of the said dock company, the said mayor and burgesses, and the Is sich said guild or brotherhood, to enter and distrain, and thereby, or by such
other ways and means as are therein mentioned, to raise the sum or sums of
money which should be so in arrear or unpaid, and all costs and charges Castel si attending the same, or in anywise relating thereto: and whereas after the !", mode, passing of the said recited act it was found that the giving up of the whole
of the diteh which surrouuded the said citadel, and which formed-paxt of of any in the piece or parcel of ground granted by the said act, would be prejudicial
to tbe defences of the place, and otherwise injurious to the public service:
and such part of the said ditch as was necessary for the use and protection b ei Bity of the said citadel, containing by admeasurement eight acres one rood and
two perches, was kept and retained for that purpose, and that the residue Žiri : only of the said piece or parcel of ground was delivered up to tbe saidi otsi
mayor and burgesses and guild or brotherhood; and whereas on account of stayed in such retention 28 aforesaid, and on other accounts, no part of the said sum
of eight thousand pounds in the said act mentioned and directed to be paid!
by the said three corporations was paid by them, or any of them, at the times :. .. 17 and in manner therein mentioned, or at any time since: and whereas the
said mayor and burgesses and the said guild or brotherbood have duly per formed and fulfilled all the other matters and things which in and by the
said act were undertaken to be performed and fulfilled by them, and liave :: suffered a very heavy loss by reason of the retention of such part of the said
ditch or piece or parcel of ground, containing eight acres one rood and two perches as aforesaid, wherefore the said principal officers of his Majesty's ordnance did consent and agree that, as a compensation for such retention and loss, they the said mayor and burgesses and guild or brotherhood should receive, in equal proportions, from the said dock company, the said som of four thousand pounds, so payable by them the said dock company under the said act into the treasury of bis Majesty's ordnance, and should be released and discharged from the payment of the said other or remaining sum of four thousand pounds, 80 payable under the said act by them the said mayor and burgesses and guild or brotherhood into the said treasury: and whereas, in pursuance of the said agreement, the said dock company did consent to pay and have accordingly paid to the said mayor and burgesses and guild or brotherhood the said sum of four thousand pounds, in equal shares or proportions between them; and whereas it is necessary that the said piece or parcel of ground, containing eight acres one rond and two perches, 60 kept and retained by the said principal officers, and now forme ing the ditch of the said citadel as aforesaid, should, together with another piece of land or ground on the west side of the said citadel, DOM occupied by the sluice used for filling the said ditch with water, be divested out of the said mayor and burgesses and the said guild or brotherhood respectively, and that the said two pieces or parcels of land or ground and sluice should thereupon be vested in the said principal officers, in trust for his Majesty, for the use or service of the ordnance department, and that the several estates, lands, and hereditaments of the said dock company, the said mayor and burgesses, and the said guild or brotherhood, which by the said recited act are charged with the payment of the said sum of eight thousand pounds, should be released and discharged therefrom; which said several matters and things cannot be effected without the aid and authority of parlianjent: 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 tbis The piece of present parliament assembled, and by the authority of the same, That all Land covered the said piece or parcel of land or ground covered with water, conwith Water,... taining by ad measurement eight acres one rood and two perches or there. forming a Ditch surrounding the
as the abouts, which has been so kept and retained by the said principal officers, Citadel of King and which now forms the ditch surrounding the said citadel of Kingstonston.upon-Hall, upon-Hull as aforesaid, and also an that other piece or parcel of land of and the Land occupied by the Lapithe
ground on the west side of the said citadel, now occupied by the said sluice Sluice, &c. used for filling up the said ditch with water, together with the said sluiee and its appurteliances, shall be and the same respectively are hereby divested 5 Geo. IV. out of the said mayor and burgesses atid the said guild or brotherhood, and that
is the said premises respectively shall be, and the same are hereby vested in the said principal officers of his Majesty's ordnance and their successors, prineipal officers of the ordnance for the time being in trust for his said divested out of Majesty, kis heirs and successors for ever, for the use or service of the said the Mayor and ordnance department, or for such other public service or services as bis said Burgesses of
Kingston upon. Majesty, his heirs and successors, shall from time to time by any order in HR and posted council he pleased to direct; freed and discharged of and from all claims in the Princis.al right and title whatsoever of the said mayor and burgesses, and the said Officers of the
Ordnance in guild or brotherhood, and their respective successors, under and by virtue
Trust for His of the said recited act, or otherwise howsoever.,;11776", per
Majesty. 4. And be it further enacted, That all and every the estates, lands, and pets hereditaments of the said dock company, the said mayor and burgesses, and Dock Company, the said guild or brotherhood respectively, which by the said act are the Mayor and Chiarged with the payment of the said sum of eight thousand pounds, shall Bu
hal Burgesses, &c.
dischargeil from besand the same are hereby folly released, exonerated, and discharged the Payment of therefrom, and from every part thereof, and also of and from all and every 8,000 £. payable the powers, remedies, and means which in and by the said act are provided under recited
Act. for raising or levying the same; any thing in the said act contained to the contrary notwithstanding.
111. Provided always, and be it further enacted, That the said piece ors The Piece of parcel of ground on the west side of the ditch of the said citadel, now Ground on the occupied by the sluice used for filling the said ditch with water, shall be West Side of the
Ditch of the used and occupied as a sluice only, and shall contain in breadth; from a line
Citadel shall be drawn along the centre of the said sluice, fifteen feet and no more, and used caly for a extend from the wall of the said ditch to the river Hull, and shall be Sluice, and the subject to such rights and privileges of the said mayor and burgesses and
Surface of the
Ground shall be the said guild or brotherhood therein, as hereinafter mentioned ; tbat is to in the Euoyment say, to the full, free, and uninterrupted use and enjoyment by them the of the Mayor and said mayor and burgesses and the said guild or brotherhood, and their Burgesses, &c.
for laying out as a respective successors and assigns, of the surface of the said piece or parcel
Public Highway, of ground at all times for ever hereafter, for the purpose of laying out the &c. same as à public highway, for the passage of horses, carriages, and foot passengers, to and from the other lands or grounds of the said mayor and burgesses and the said guild or brotherhood, situated on each side thereof, or for any other purposes whatsoever, so as not to obstrust or interfere with the free use and enjoyment and occupation of the said sluice, and free access thereto at all times, for the purpose of cleaning, repairing, or altering the same, or otherwise, as occasion may require; the surface of the said piece or parcel of ground being well, sufficiently, and properly relaid or replaced by or at the expence of his said Majesty, bis heirs audi successors, whenever the same shall or may be dug, broken, or disturbed for any of the purposes aforesaidsolo 18 hins var
brots sal 994