or direction of such vessel shall not immediately, upon request made by the haven dmaster, dock master, or other proper officer to be appointed by virtue of the said hereinbefore recited acts or either of them, or of this act, remove the same, he shall for every such offence forfeit a sum not exceeding ten pounds, and also a sum not exceeding five pounds for every hour of such obstruction after such requisition; and it shall be lawful for the said baven master, dock master, or other proper officer to be appointed as afore. said, to cause any such ship, lighter, barge or other vessel, to be removed, in such manner and to such place as shall be proper for preventing such obstruction, or to be unloaded, if necessary, and to seize or distrain such ship, lighter, barge, boat, or other vessel, and the lading thereof, or any part of such lading, until the charges occasioned by such removal shall be paid and if any person or persons shall suffer the loading of any boat or barge, or other vessel navigating in or upon the said haven, docks, or 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 any of them, or wantonly or mischievously flush or draw off, or cause to be 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 upon 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. XIV. And be it further enacted, That no wood or timber which shall be delivered in the said haven, docks, or basons, or any of them, shall be per. mitted to lie or remain therein for a longer time than forty-eight hours after the delivery thereof, upon pain of forfeiting any sum not exceeding five pounds; and in case the same shall not be removed during the flood tide next after the expiration of that time, or a sufficient cause shewn why it should not be removed, the owner or owners thereof shall for every such offence forfeit and pay the sum of twenty shillings for every tide the same shall remain after such flood tide. &c. XV. And be it further enacted, That no holidays whatsoever 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 by virtue of the said first 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 whomsoever, except. Sundays, Christmas Days, and Good Fridays, and any day which shall be appointed by his Majesty's proclamation for the purpose of a general fast or thanks. ]+? giving, but that all business of the said company, and relating to his Majesty's revenue, and of all persons using the said haven, docks, basons, RENG 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.. 』5%,,་ Tow on extend to this Act. . XVI. And be it further enacted, That the said herein before récited 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 things 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 vor intended to be made, and for effecting all other the purposes of the same acts as for the purposes of this present act, in as full, large, ample, and beneficial a manner, to all intents and purposes, as if the same were ex•. 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 sum or sums of money shall be awarded for the purchase of any making out dlands, tenements, or hereditaments, to be purchased by virtue of the said Titles; recited acts, 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. III. c. 42. Or if Persons cannot be found, Purchase Money to be paid into the Bank; Subject to Chancery on tion shall arise touching the title to Money the Person who shall be in Possession of Lands, &c. at the Time of such Purchase, shall be deemed entitled. three or more of them; or in case such person or persons to whom such sum or sums money shall be so the person or persons entitled varded as aforesaid cannot be found, or if to such lands, tenements, or hereditaments said company, or any or max be noto and fovered, then and in every case and to or more be lawful Where any quesXVIII. Provided always, and be it further enacted, That where cany question shall arise touching the title of any person to any money to be paid into the bank of England, in the name and with the privity of the Accountant General of the court of chancery, in pursuance of this aet, for the purchase of any lands, tenements, or hereditaments, or of any estate, right, or interest, in any lands or hereditaments to be purchased in pur suance of the said acts, or to any bank annuities to be purchased with any such money, or to the dividends or interest of any such bank annuities, the person or persons who shall have been in possession of such lands or hereditaments 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, tenements, or bereditaments, according to such possession, until the contrary shall be shewn to the satisfaction of the said court of chancery; and the dividends or interest of the bank annuities to be purchased with 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 court that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such lands, tenements, or hereditaments, or to some estate or interest therein. 2.gi Saving Rights of XIX. And whereas the guild or brotherhood of masters and pilots, seamen the Trinity House. Public Act. of the Trinity House of Kingston-upon-Hull, by virtue of certain charters muz doua modw of suopra i to 202789 dona javɔ a semedt to Soul to 921d3 ti to booted 5 Geo. IV. Cap. 52. Royal Assent, 3rd June, 1824. An Act to amend so much of an Act of the forty-second year of 5IG eos DVP c. 529 his late Majesty, for making additional Basons or Ducks at ) au tonusa Kingston-upon-Hull, as relates to certain lands belonging to odthis Majesty. bik WHEREAS by an act passed in the forty-second year of the reign of 42 Geo III. c. 91, his late Majesty, intituled an act for amending an act passed in the fourteenth year of the reign of his present Majesty, intituled "An act for making and establishing public quays or wharfs at Kingston-upon-Hull, 15 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 4ffbason 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 If money out of his Majesty's customs in 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 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 river 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 foreshores of the same piece or parcel of ground, extending to the low-water mark of the river Humber, the building called the North Blockhouse, 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 belonging 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 title whatsoever of his said Majesty, his heirs and successors, in right of his crown or otherwise; and it was by the 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 the 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 the 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 times thereinbefore limited 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. c. 52. 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 all and every or any of the estates, lands, or hereditaments of the said dock company, the said mayor and burgesses, and the 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 attending the same, or in anywise relating thereto: and whereas after the passing of the said recited act it was found that the giving up of the whole a. al 10 of the ditch which surrounded the said citadel, and which formed part of the piece or parcel of ground granted by the said act, would be prejudicial to the defences of the place, and otherwise injurious to the public service; od and such part of the said ditch as was necessary for the use and protection botas 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 only of the said piece or parcel of ground was delivered up to the said mayor and burgesses and guild or brotherhood; and whereas on account of such retention as 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 and in manner therein mentioned, or at any time since; and whereas the said mayor and burgesses and the said guild or brotherhood 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 have 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 sum of four thousand pounds, so payable by them the said dock company under the said act into the treasury of his Majesty's ordnance, and should be released and discharged from the payment of the said other or remaining sum of four thousand pounds, so 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 rood and two perches, so kept and retained by the said principal officers, and now forming 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, now 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 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 all the said piece or parcel of land or ground covered with water, containing by admeasurement eight acres one rood and two perches or thereabouts, which has been so kept and retained by the said principal officers, and which now forms the ditch surrounding the said citadel of Kingstonupon-Hull as aforesaid, and also all that other piece or parcel of land or ground on the west side of the said citadel, now occupied by the said sluice used for filling up the said ditch with water, together with the said sluice The piece of Land covered with Water, forming a Ditch surrounding the Citadel of Kingston-upon-Hull, and the Land Occupied by the Sluice, &c. 1 5 Geo. IV. c. 52.5 and its appurtenances, shall be and the same respectively are hereby divested out of the said mayor and burgesses and the said guild or brotherhood; and that 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, principal officers of the ordnance for the time being, in trust for his said Majesty, his heirs and successors for ever, for the use or service of the said ordnance department, or for such other public service or services as his said Majesty, his heirs and successors, shall from time to time by any order in council be pleased to direct, freed and discharged of and from all claim, 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. Brun Majesty. II. And be it further enacted, That all and every the estates, lands, and hereditaments of the said dock company, the said mayor and burgesses, and the said guild or brotherhood respectively, which by the said act are charged with the payment of the said sum of eight thousand pounds, shall be and the same are hereby fally released, exonerated, and discharged therefrom, and from every part thereof, and also of and from all and every the powers, remedies, and means which in and by the said act are provided for raising or levying the same; any thing in the said act contained to the contrary notwithstanding." III. Provided always, and be it further enacted, That the said piece or parcel of ground on the west side of the ditch of the said citadel, now occupied by the sluice used for filling the said ditch with water, shall be used and occupied as a sluice only, and shall contain in breadth, from a line drawn along the centre of the said sluice, fifteen feet and no more, and extend from the wall of the said ditch to the river Hull, and shall be subject to such rights and privileges of the said mayor and burgesses and the said guild or brotherhood therein, as hereinafter mentioned; that is to say, to the full, free, and uninterrupted use and enjoyment by them the said mayor and burgesses and the said guild or brotherhood, and their respective successors and assigns, of the surface of the said piece or parcel of ground at all times for ever hereafter, for the purpose of laying out the same as a 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 obstruct 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, his heirs and successors, whenever the same shall or may be dug, broken, or disturbed for any of the purposes aforesaid. divested out of the Mayor and Burgesses of Hull, and vested Kingston-uponin the Principal Estates of the Dock Company, the Mayor and Burgesses, &c. the Payment of discharged from 8,000 £. payable under recited Act. The Piece of Ditch of the used caly for a &c. |