vin'IA'.TFirr. _. nFTAIIF ^ ^ox. i? OF-CAL1FOR<^ ..^ C^. .-.•5-, ^ "' >- <: % ^ o = -< % -< 5S <^?l1')^v.^;m>^ %a3MNn-3UV^ ^tllBRARYQ^ ^^WfUNIVEi ■£ 5^ ^OFCAIIFO/?^ ^ i 5 ;5 '-^♦•iOJIIVDJO"^ '^(JOJITOJO'^ OFCAIIFOR^ ^.OFCAllFOfii^ ^^WEUN'i 'i- ii^ o < ^ ^ ^., ■'UAavaaiii'^''' '^'jii^DNVSOv^ ■^a^MNiiJUV- ''«^(?Aav(ian'i^ ^^Aavaaivi^' "^^iiJDNVSOv^ ^lOSvWCFlfr.> v\THR!?ARY(?/: U, ,^^ tllBRARYt "^.l/OJli ^lOSANCFlfj-^ ^.OFCAtlFOfti^ ^OFCAIIFOR(A ^c^ I) vKT^WCfi/ OFCAIIFO/? ^1 ,.* 'k 11? i ^0FCAIIF0% ''^>^a3AiNHiwv ^ •^ u v-1^' ^OFCAilFO% .^VEUNIVERJ/A ^ ''o'Aavaaiii^' "^iiirjuvsoi^"^"" %a3AiNivjk\V^ '^•>&Aavaaii-# >&Aavaaii'i^ V/ %S]AINn]WV ■ o S -V c >■ = vri^v ,^ ^^noimii^' .WT.Firr.. ^.nFTAiir ^OF-CAllFOPc, . ^\^E I'N'lVEfty/A '.^FCALIFO,?,{'. 1^ "^Aa3AlN(llWV^ VJCElfj-;^ I.WI? % t ^WEl)(JIV£R% 3> -^'aodiivj-iio^-' '^iiirjwsov^^^ ''^AaiAiNiiJv^v' •^>aG: ili'JiWSUl ^OfCALlfOff^ ^yEUN'IVER% <§ "- 1 vANCElfjVK. ^.OFfAll ■(\lPl'MIVFPr/> . r I H)fi An\' r. '0\FCA1IF0% ifS '^ , aFrAiiFriD,. > .^W[•UNIVfKi■/A <3-. - - >- '•^im\m\-i^^ '^>.iOdiivj-jo>"' '-^ojiivj-jo^-' '^iViJONVMi "i;;^ ^OfCAUF' ^^Wf UNIVf Ry/^ CA \S .^■Cfl£r ';i. ^TiUDNVSOl^ '^^/i'dMINIiWv^ '-^/xaVMiilii^^' '^«yA«Vliail-^V^' "''JJlJ'jNVSii /V8JAINIllrt>; r/. m. >.,oPCAllFO% .c.r AMcnn , - JIJJ. tlMII J I ^op,iii,ii\^CDO/w ,. ifu'.^iirci r.- 3a - J IJ J.' I .lU U'JNVSOl^ -^■/. lijv. ir7r V ^-;,OFCAllfO% .4;OfCAllF0%, -< £ IIM^ ^(/.Mjvaaii iv-' '(/Ail I rrjfi Aftv^i _ vC IIODAt)V/^. the River or Haven wiihin the Port or Mem- Fi«mblc. <-+ 7^r\ *t tier Port ct Great Crivijhy, in the County of Lincoln, is fo Xt %% warped and liltea up, as not only to render ic no longer Imtll^:! pradicable tor Ships to navigate fo far up the fame as to reach the Place or Places, Qiiays or Wharfs, which have been aiTigncd and appointed for the landing or difcharging, lading or unlading of Goods, Wares, or Merchandise within the faid Port, but to be navigable for Sloops only, and at certain Times of the Tide; but if the laid River, or Haven were widened, deepened, and ren- ilcred more Itraight, and the Courfe and Diredion thereof in Part varied ; and alfo if a Lock were to be ercdted and fixed therein fur pounding up a lufficieni Quantity or Depth of Water, and other Works made for the Improveir.ent thereof-, and if for the fupplying the fame with an addi- tional Quantity of Land Water, and the better fcouring out and keeping 9pen the Outfall '.)f the faid Haven into the River Humier, the Water of a certain Beck called Frejhney, which runs in or between the T-vo ad- A joining 3011757 ( 2 ) joining Parilhes of Great Coates and Little Coates, in the faid County of Lincoln, and in or between Great Coates and Great Grim/hy aforefaid, were conveyed into the faid Haven, it would admit, and much more conftantly, Veflcls of a confiderably larger Burthen, whereby the Trade and Com- merce of the faid Town and Port of Great Grimjhy would be reftored and confiderably increafed, and the Public in general greatly benefitted; and in Cafes of ftrong North Eaft Winds would afford a very fafe and con- venient Retreat for Coafters and other Ships and Veflels, as wcl! navi- gating the German Ocean as the River Humber, and for Want whereof a great many Ships have been greatly damaged, and others totally lofl : SlnlJ toljcceasf the feveral Perfons hereinafter named are defirous, at their own proper Charge and Expence, to widen, deepen, and (Iraighten the faid Haven, and to divert in Part the Courfe and Direction thereof, and alfo to make, complete, and maintain all fuch other Works and Things as aforefaid for the Improvement thereof ; but cannot effcdt the fame witliout the Aid and Authority of Parliament: May it therefore pleafe Your MAJESTY, That it may be Enafted; ^UtJ 6e it ©miitea by the KING'S Moft 'Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual ana Temporal, and Commons, in this prefent Parliament aflcmbled, and by the Authority of the fame. That the Right ho- nourable C/^«r/f^ Lord ^'"i.'r/'iircz!;^/^, S\t John NeUhorpe^ Baronet-, George Robert Heneage, Jyfcoghe Boucherett, George Tennyfoti, Thomas Dixon, Henry FJlifon, John BJlifon and George Parker, William Hornby, Richard Bajfett, William Holgate and Jojeph Anningjon, Eiquires; Lieutenant Colonel John Henry Loft, the Reverend Charles Wefton, Marmaduke Alington, William Thorold, John Grantham., John Parkin/on of Healings '^ohn Searle, Francis Swan, and Charles Wray Haddelfey, Clerks ; the Mayor and Burgeffes of the Borough of Great Grimjhy, the Royal Friendly Society of Great Grimjhy, Jofeph Jjhton, George Babb, William Bancroft, Chriflopher Bell, Appleton Benifon, Richard Borman, John Bor- mnn, William Botterill, Samuel Bourn, John Simon Brandjlrom and Frederic Kuf'l, John Codd, Robert Cooke, John Cor t is, Chriflopher Epworth, Gilbert Farr, Henry Wallis Farr, Edward Hackford, William Hardy, Thomas Hewfon, Edward Holgate, John Hcult, Jofeph Johnfon, Wil- liam Joys, James Kerr, William King, John Left,' William Loft, 'Jehn Lloyd, William Ludlam, William Lumby, Charles Manby, 'Thomas Marlh, John Mills, George Moore, Richard Nell Junior, Gabriel Neve, RicUrd Nicholfon, John Nicholfon, Robert Parkinfon, of Healing, Jofebh Philipfon, John Raifheck^ William Richardfon, Maurice Searle, -William ( 3 ) fFilliam Smelle, Tyrwhit Smith, Philip Skipworth, Robert Story, Henry Swan, Richard Taylor, John Turner, Jofeph M^aite, John Walcjhy, Thomas IVal- kington, fVilliam IVatfon, and George IVilccckfon, Gentlemen, and Elizabeth Wtllfon, Spinder, and their fevcral und rcfptrclive Executors, Adminiftra- tors, SiicccfTors, and Afllgns, together with fiich other Perfon or Perfons, Bodies Corporate and Politic, who Hiall at any Time hereafter bepoflcfTcd of One or more Share or Shares of or in the Money to be railed under or by Authority of this Act, for the leveral Purpofes herein mentioned, are, and ihall be united into a Company, with full Power and Authority from Time to Time to dircd the enlarging, ftraightenmg, altering, varying, improving, fupporting, and maintuinmg the faid Haven, and the Quay or Wharf adjoining thereto, and alio fuch Locks, Piers, or Jetties, Sluices, Aqueduds, Culverts, Weirs, Bridges, Towing Paths, Dams, Trenches, Cuts, or Drains, Toll Houfe, and Warehoufe, and for mak- ing, completing, and maintaining all fuch other Works, Requiiues, Matters, and Things, as (hall or may be necefiary for carrying this Aft into full and complcrte Execution, according to the fevcral Rules, Orders, and Dire6tions, and under and fubjeft to the feveral Proviljes, Regula- tions, and Reftriftions hereinafter mentioned, exprefTcd, and contained and Ihall for that Purpofe be One Body Politic and Corporate by the Name of «' The Gritnjly Haven Company," and by that Name (hall have ProprSetort perpetual SuccelTion, and a Common Seal, and by that Name fliall and '""'■p""'"'* may fue and be fued ; and alfo fliall have full Power and Authority to purchafe Lands, Tenements, and Hereditaments to them, and their Sue. ceflbrs and AfTigns, for the Ufe of the faid Works or Undertakint^ without incurring any of the Penalties or Forfeitures of the Statutes of Mortmain -, and alfo to fell, convey, or exchange any of the Lands, Te- i;emeiits, or Hereditaments to be lb purchafed as and for the Purpofes aforefaid -, and any Pcrlon or Perfons, or Bodies Politic, Corporate, or Collegiate, may give, grant, bargain, fell, or convey to the faid Com- pany, any Lands, Tenemtnts, or Hereditaments, for the Ufe of the faid Works or Undertaking, without Licence of Alienation, flnti be h hm^jtx CuaflCt), That there fliall be One Annual Ge- Gmemi Af- neral AfTeir.bly or Meeting of the faid Haven Company, or ComDativ of f";"''''y of ilie r, ■ , •••,-.• r^ . ^ , r J ' Company. Proprietors, for carrying this Ace into Execution, the Firlt of which Fini Meeting. Meetings fliall be holcien at the Granly Inn, in Great GrimJby aforelaid, upon that Day Four Weeks next after the pafTing of this Adt ; and the S-ibfcqiient like General AfTembly or Meeting Ihall be held on the Second Monday \n ''^"""«*- September in every Year for the future, at or before the Hour of Eleven of the Clock in tiie Forenoon, at fuch Place as (hall from Time to Time be alccrtaincd and fixed at any preceding General Meeting j of which faid Notice thereof Firft and every fubfcqucnt General Meeting, public Notice fliall be given '" *" ^'*''"' in ( 4 ) in the Lincoln and Stamford News-paper, or in fome other News-paper which fhali at that Time be circulated in the County of Lincoln, and (hall alio be publifhed or given in fuch other Manner as the laid General Aficmbly fhall direft, at leaft Fourteen Days before fuch Meeting ; Empowered to each of which faid General Aflemblics fhall have Power and Authority to adjourn themi'elvcs irom Time to Time, and from Place to Place, as they (hnll think proper, until the Time ot holding the next Annual Ge- neral Ailembly, on the Second Monday in September; and any fuch General Aficmbly fhall have Power to order a Common Seal to be made, and from Tin;e to I'ime to alter anJ change the fame, and aifo to call for, auGit, and lettle all Accounts of Monies received, laid out, and dif- burfed for or on Account of the faid Undcrcaking, by all Officers and other Pcrfons appointed or employed by or under the faid Company in and about the faid Undertaking, and to do and traniaCl all other Bufinefs rtipeifting or in anywifc relating to or concerning the fame Undertaking, and all and every or any of the Works, Matters, and Things by this Adt dircded or authorized to be done. adjourn, and order a Com men Seal; to audit Accounts Compmy to appoint a Ctiairman, 2ntl be it flUtBcr Ctlliiactl, Thar the faid Company at their faid Firft Meeting, and aUerwards Annually at their Annual General AiTcmbiy or Meeting, fhall elecft a Chairman to prefide at fuch Meetings, who fhall continue in his Office for the Space of One Year, and (ball not afterwards be difqualitied from being re-eledcd ; and in cale of the Death or Re- fignation of fuch Chairman before the regular Determination of his Office, the faid Company, at their next General or Special Meeting to be holden next after luch Death or Refignation fhall have taken place, and before any other Bufinefs fhall be introduced, done, or tranfadcd at any luch next General or Special Meeting, fnall elefl: ar.d chuie from amonglt themlclves io.ne other I'crlon in the Room and Place of the Perlon whofe Office fhall fo have become vacant as aforefaid, and the Perlon lb eledcd as lafl:-.mentioncd fliall continue in fuch Office during the whole Time the Perlon whofe Office ffiall lo have become vacant would otherwife have been entitled to have continued therein ; and in cafe at any iuch General or Special Affembly to be hoKlen under or by virtue of this Act, iuch Chairman fo appointed lliall not attend, the Proprietors and Proxies then prclcnt, or the major Part of them., fliall appoint from amon^ft thcnlelves lome other Perfon to be and aft at fuch Meeting or Alfembly as Deputy- Chairman in the Room and Place of fuch abient Chairman, and fo from T;me to Time when and fo often as the Cafe fnall happen. Committee to ^llli U {t furtljEC CEnaitCtl, That the faid Company fliall, and they are beciioie.u hereby authorized and required, at their faid Firft Meeting, or at fome fubfcquert Meeting, as foon afterwards as conveniently may be, and in like ( 5 ) like Manner ac the Annual General Aflembly or Meeting, to chufe, nominate, and appoint, not more than Nine nor iefs than Three Pcrlbns from amongil ificmfclvcs, to be a Committee for the Icveral Purpoks hereinafter mentioned; and in cafe any of the faid Committee lb to be Vacancies by appointed, fliall, before the Expiration of the Term for which they flinil ^"upj.J^eX''* be refpedtively cholen, die or refufe to aft, or (hall remove to any ic- moteor other Situation, fo as to render his Attendance inconvenient, then and in every Inch Cal'e rrfpeclivcly, it fhall be lawful for che Remainder of the faid Committee, or the major Part of them, and they are hereby required from Time to Time, within Two Calendar Months next after luch Death, Refiifal to aft, or Removal lliall be known, to eleft, nomi- nate, and appoint One other Perfon from amongft the faid fevt ral Pro- prietors in the Room and Stead of fuch Perfon fo dyino-, refufing to aft. Or removing, and every Perfon fo chofen to be of the laid Committee, fliall have the like Power and Authority as the Perfon in whofe Place and Stead he fliall be fo chofen was vefted with ; and in Order to defray the Expence of their Meetings, it iTiail and may be lawful for the faid Com- mittees, and they are hereby allowed to expend or detain to themfelves a reafonable Sum of Money out of the capital Stock of the fa;d Proprie- tors, for their Expences in attending ail and every fuch Meetings. HnU k it flirtljcr (f naCtcO, That in all Cafes where any Power is given The Aas of to or vefted in the faid Committee, or any Aft direftcd to .be done by "'•'^ Maji-my them at any Meeting for carrying into Execution any cf the Powers mn'ieetoTe" given by this Aft, the Opinion, Determination, or Judgment of the ma- fci'idmoi jor Part of the Members authorized to form fuch Meeting, fiiall be taken and confidered as the Aft and Judgment of the whole Body fo aflembied : Provided always, that no Refolution fhail be taken or Bufinefs done but not left (except for the Purpofc of Adjournment) at any of the Meetings of the tiian Tiircc for faid Committee, unlels Three Perfons at lead of "fuch Committee fliall be "^"'"S^"'"'"'- prefent, and the Committee fliall at all their Meetings, before they proceed to any other Bufinefs, eleft a Chairman of fuch Meeting, and that no Member, although he may be a Proprietor of Two or more Shares in gj^i, y^^nber the faid Haven Navigation, fliall have more than one Vote in the faid 'o have but Committee except the Chairman, who fli;ill be chofen by and out of the ccpt Chalr- *' faid Committee as aforel'aid, and who in cafe of an Equality of Votes ""*"> ^'• upon any Queftion agitated in the faid Committee, fliall have the carting Vote, although he fliall have given one Vote before; and no Perfcn Pcrfon? hol.l- holding any Place, Office, or Employment under the faid Company, '"gP'aces.&c. n. n • ui r 1 • , r • ^ t under I he inall DC capable or being chofen to lerve upon any Committee during Coii:pany not the Time of his Continuance in fuch Place, OtHce, or Employment. n^' upomhe ( 6 ) Metini;, of 2ll5 be ft tun\)tt drnaitcti, 1 hat the faid Committee fo to be chofen c\;in,jmu<.s, jjj atorcfaid, or luch ot tliem as Ihall be prclent at the General Aflcmbly when they Oiall be cliofen, Ihall and may fix a Time and Place for the Firft Meeting of the faid Committee, and they may at fuch Firft and every ether Meeting execute all and every or any of the Powers and Auilioriucs hereby vefted in the faid Committee, and from Time to 'J ime adjourn the fame, and all other Meetings to be fo held by them, thcfunemay as thcv (hall think fit j and if at any Place appointed for fuch Meeting, be .idjourncu. fhrce or morc of luch Committee fhall not appear within Two Hours of the Time fixed for holding fuch Meeting, any One or more of the faid Committee wlio may be then prcfcnt, or in cal'c of the Nop.-attendance of every of them, then the Clerk for the Time being to the faid Com- pany, fhall and m.ay, and is and are hereby authorized to adjourn the Meeting of the faid Committee, to be held at the fame Place or within the fame Town, between the Hours of Ten of the Clock in the Fore- noon, and Two in the Afternoon, on fuch Day as he or they fo making fuch Adjournment fhall think proper, lb as the fame be within One Calen- dar Month next after\».ards, of which Time and Place of Acjouinmenc Notice lliall be forthwith given to fuch of the faid Committee who (hall happen not to have been prefcnt at the Time of making fuch Adjourn- ment; and if no fuch Adjournment fhall be made, then and in fuch Cafe anv Three or more of fuch Committee may, by Advertifement in the faid Lincoln and iStamford News-paper, or any other News-paper then in Cir- culation in the faid C( unty cf Lincoln, appoint another Meeting of the faid Committee, to be held at fuch Place as they (hail appoint, at any Time net fooner than Ten Days, nor later than Twenty Days after fuch Notice, and fo from Time to Time as often as the Cafe naay happen. Corn.ittee ^^^'^ ^^ 'f fltrtljec (£na(tei3, That the faid Committee fhall, and they impowciedto are hereby authorized and impowcred, from Time to 'I'ime, to make fuch Morfey;* '' °' Call or Calls of Money from the Treafurer or Treafurcrs to the laid Company, for defraying the Expcnces of or carrying on the Works of the faid Undertaking, as they from Time to Time fhall find wanting and nccefTary for that Purpofc, and to appoint and dirift to whom and and to make in what Manner the fame fhall be puid on Account thereof; and they Comraas.and ^^ hereby inveflcd with full Power and Authority to dirccfl and manage all tne i . . , ^ . , , ,, . AfF-iis of the mana"e all and every the Affairs or the faid Company, as well in con- Cuiiipany. trading for the Saje or Purchafe of or otherwife agreeing for any Lands, Tenements, Hereditaments, Dues, Rights, and Liberties, for the IJfeor P>enefit of the faid Company or Undertaking, as in placing and difplacing under Officer?, Servants, and Agents, and in contrading and agreeing with any Workmen, Artificers, or other Perfons whomfoever, for the making and doing all and every or any Part of the Work or Bufinefs ( 7 ) Bufincfs to be done in or about the enlarging, flraightening, and im- proving the faid Haven, and other the VVorks for improving, com- pleting, and preferving the Navigaiion thereof; and alfo with any Per- Ibn or Perfons for Timber. Stones, or other Materials which fliail be wanted in and for all or any of fuch ieveral Works and Purpoles, as fliall from Time to Time be refptftivcly diredrd by the faid Company to be done and performed by virtue and in purhiance of this A(5l ; every fuch Contrad to be reduced into Writing, which Ihail fpecify the fevcral Works to be done, the Prices to be paid for the fame, and the 'i'iriicor Times when or within which the laid Works arc to be done and com- pleted, and the Forfeitures or Penalties to be incL;rred and paid for or in rcfpect of any Breach or Non-performance of fuch Cor.trad; ; and beino^ figned by the laid Conmiittee, and by luch Perlbn or Perfons with whonr. they fhall fo contract or agree, fhall be valid and effectual in the Law, and carried into Execution ; and the due and complete Performance thereof fhall and may be enforced by Adion at Law or other- wile, by and in the Name or Names, and at the Suit of or againfl: the faid Company, or the faid Committee for the Time being, or either of them, and the Perfon or Perfons fo contrafling, his, her, or their Exe- cutors or Adminiftrators, according to the Tenor and true Meaning thereof; and in all Cafes where any pecuniary Penalties fhall be re- covered of or from any Contra>5lor or Contraftors, the fame fhall be paid to the Treafuier appointed by virtue of this Act, and applied for the Purpofcs of carrying on and fupporting the Works dircded by this Aft ; and the faid Committee by themfelves, or the Clerk to tlie laid Com- pany, fhall keep a full and true Account of all Monies difburfed, and Payments made by them, and by all and every Perfon and Perfons employed by or under them, and of all and every Sum and Sums of Money which they flinll receive on Behalf or in refpeft of fuch Haven, Navigation, and Undertaking, from any Collefcor of the faid Rates or other Officer, or from any other Perfon or Perfons whomfoever em- ployed in or having any Concern, Dealing, or Tranfaftion with the faid EJaven, Navigation, and Undertaking, or in or with any Part or Parts thereof, and Ihall regularly, by themfelves or the faid Clerk, write, infert, and enter in a Book or Books, to be from Time to Time provided at the Expence of the fai;l Company for that Purpofe, Notes, Minutes, or Copies (as the Caie fhall require) of every fuch Contrad, Bargain, Receipt, and Difburfmicnt, and of all other their Orders and Proceed- iiigs, which Book or Books (hall be depofited with and kept locked up under the Care and Direction of the faid Committee, but to which the faid Company, and every Member thereof, fliail have ^.r^Q Accefs for his, Jicr, or their InfpcflioTj without Fee or Reward. ( 8 ) commitfees probiDcti alfeiaj^S, atiB ft ijj tmli? furtf)cc (EnattcQ anti HDftlaucD, PeY.Ui^rof"'' That it fhall be lawful for the laid Commiciee, from Time to Tinie, as Contiaas. they ihall think fit, to compound and agree with any Pcrfon or Perfons atrainfl: whom any Adion or Attions, Suit or Suits, fliall or may have been brought for any Penal.y or Penalties on Account of any Breach or Non-perfo;mance of any fuch Contraft or Contradt':, for fuch Sum or Sums of Money as they the fa'd Committee fhali think proper, lo as the Sum fo compounded and agreed for be not Icfs than the Injury or Da- maoe fuftained by the Breach or Non-performance of fuch Contracl or Contrads, and all the Cofis, Charges, and Expences which fiiall or niay have been incurred or occafioned thereby. Comn-.ince Sluti hs ft h\Vt\}Zt (SnaCtcH, That it fhall be lawful for the faid Com- rrXr&c ^"^ mictee, from Time to Time, to make and frame, ordain, and eftablilh fuch Bye Laws, Rules, Regulations, Orders, and Ordinances, as they Ihall think fir, for the good Government of the Clerks, Colledlors, Haven Mafter, AfTiflants, Servants, and others appointed or employed under or by virtue of this Aft, and for the better regulating of the fiid Haven, Lock, and other Works, and the mooring and ftationing of VefTels there, and for the well governing, ordering, and managing of the Officers, Crew, Boatmen, and Servants employed therein, and for the Relief and AliuLance of the Ships and V'efleis reforting to or fccking Shelter at, or in the faid Haven -, and alfo for the better regulating, governing, managing, and uiing the feveral Works, Matters, and Things by this A6i: authorized V and directed to be made, done, and performed, as v;ell whilft the fame are doing as after they fhall be finifhed, and for the more fafe and con ■ venient fliipping and lading, landing and difcharging, carrying and con- veying, laying and depofuing of Goods, Wares, and Merchandize upon, to, or from the faid Quays or Wharfs, and for the better governing and reoulating Porters, Carters, and Carmen, and others carrying Goods, or iifing or driving Horfes, Waggons, Carts, Drays, Trucks, Sledges, or other Carriages for conveying Goods, Wares, or Merchandize to or from the faid Quays or Wharfs, and for preventing Damage being done to any fuch Goods, Wares, or Merchandize by the ifTuing of Water through Spouts from Houfes or Buildings •, and alfo from Time to Time, as they the faid Committee fhall fee Occafion, ro repeal, add to, amend, or alter fuch Bye Laws, Rules, and Orders, and to annex and appoint reafunable pecuniary Penalties, not exceeding Forty Shillings, for the Non-oblervance, Ken-performance, or other Breach of any of fuch Bye Laws, Rules, and Orders, or any Part of them, and alio to make fuch other Orders, Rules, and Regulations as fliall be necefTary or expedient for all and every other the Purpofes of this A61, and the due Execution ihereof; ( 9 ) thereof; and all fuch Penalties fhall be levied and recovered in fuch Manner as hereinafter is diredled. iOrotJl'Dca altoapsf, That it fhall be lawful for the (aid Company, at any Annual or other General Meeting, or any Special Meeting to b- afrembled for fuch Purpofe, of which Fourteen Days public Notice fhall be given in like Manner as aforefaid, to remove or dilplace any Perfon or Peribns chofen to be of fuch Committee as aforefaid, or any Officer or Officers under them, and to choofc and appoint new ones in their Place and Stead ; and alfo to infpedk and confidcr the Bye Laws, Rules, and Orders made by the faid Committee, and if they (hall fee fit to repeal, annul, add to, amend, or alter them, or any of tliem, or any Part thereof, and to make and frame others fjr any of the Purpoles of this Aft, or the complete and efFeftual Execution thereof; and all and every fuch Bye Law% Rules, and Orders which (hall be fo altered or made by the faid Company, at any fuch General or Special Meetin"-, may from Time to Time, and at any Time afterwards, be varied, altered, or repealed, and others made in Stead thereof, at any General Meeting of the faid Company, but not by the faid Committee or othcrwife. ailti it I'sSfurtbCC Cnactei3, That all and every fuch Bye Laws, Rules, and Orders as (hall be lb made and framed, or ordained and c(labli(hed by the faid Company, and alfo by the faid Committee for the Time being, and which (hall not be repealed, annulled, alteied, or varied by the faid Company as aforefaid, (hall refpeftively be obferved and kept, and carried into Execution, and (hall have the fame Force, Operation, and EffcfV, to all Intents and Purpofes, as if the fame were refpeclively enafted and declared by this Aft, and fliall be fufficient in any Court of Law or Equity for the Juftification and Indemnification of all Per- fons who fhall aft under or enforce the fame, fo as the faid Bye Laws, Rules, and Orders, or any of them, be not contrary to any exprefs Claufe or Provifion in this Aft contained, or the general Law of this Realm; and the faid Committee for the Time being (hall, and they are hereby required to caufe true Copies of all fuch Bye Laws. Rules, and Orders, or of fo much thereof as (hall con- cern or relate to the Regulation and Management of the faid Haven, Lock, and other Works, or of any Officers, Servants, Labourers, or AfTiftants, or other Perfons employed in or about the fame, or of the Perfons reforting to or making ufe thereof, to be written or printed in large Charafters, and affixed upon or near to fome public and confpicuous Part of each Quay or Wharf, and alfo upon fome other public ar.d confpicuous Place in the faid Town of Great Grimfiy. Company mijr ^em•l^e Mem- twrs of the Committee, and iiiipeft, and annul, or alter the 3ye I^sws made by Comiiiitteej and make others. Bye La.v«,&c. to have the fame Efficacy as ;t ei:,ifled. Copies of fome of them to be fixed on the Qnifs, and in tlie Town, ana ( lo ) General Meet- ings to be ad- journed, if not Proprietors orPfoxiesof 50 .Shares prefert. If at Adjourn- ment there be .lefs than re- q'lived then Adjouninient iQiies (jiioties. Penalty on Principals not attending by themfelves or Proxies, in con ftqiience whereof Meet- ings are loft. 0utJ ht it fui'tSct* t-nartetl. That if at fuch Firft General Meeting of the faid Company to be held as aforefaid, or at any future General AITembly hereby direded or authorized to be held, there (hall not be prefent within Three Hours after the Time fixed for holding the fame, Perfons who either as Proprietors or Proxies Ihall together have Fifty Shares, no Eledion or Appointment of a Chairman or Committee, or other Bulinefs (hall be made, done, or tranfadled, but fuch A(rembly or Meetincf (hall be adjourned to fuch Time and Place, within Twenty-one Davs next afterwards, as the faid Proprietors and Proxies prcfcnr, or the major Part of them, (hall appoir^t, at which adjourned iVIeeting the Choice of the faid Chairman and Committee (hall be refpedively made, and all other Matters and Things lha!l betranfaflcd which might or ought to have been done at fuch General AlTemblies to be held a-; hereinbefore direfted; and all Ads done in purfiiance of this Ad by the faid Com*- pany at luch General AlTemblies or Meetings, (liall be determined by a Majority of the Proprietors and Proxies then prcfcnr, and (hall be valid and conclofive upon fuch Majority concurring therein j and in all Cafes where the Number (hall be equal, the Chairman for the Time being, or the Perfon lupplying his Place as aforefaid, fhall have the cafting Vote; but if at any fuch adjourned AfTenibly Proprietors of or Proxies for or to the Amount or Extent of Fifty Shares in the Whole (hall not at- tend, then nothing more (hall be done or tranfaded but adjourning the faid Meeting to the fam.e or fome other Place, to be held within Twenty- one Davs thence next enfuing, and fo from Time to Time until Pro- prietors holding in their own Rights and as Proxies Fifty Shares (hall alTemble and be prefent together, when the feveral Matters and Things which might have been done and tranfaded at the former AlTemblies, if a fufficient Number of Proprietors had attended, may be done, performed, and executed at fuch adjourned AITembly or Meeting, fuch public No- tice of every fuch Meeting to be fo held by or in confequence of any fuch Adjournment as aforefaid, having been Firft given as is direded and required with refped to the faid other General AlTemblies or Meetings; and in cafe there (hall not appear at the Time and Place appointed for holding any fuch General AITembly as aforefaid. Proprietors holding in their own Right or as Proxies Fifty Shares, each and every of the Principals who (hall not be prefent at fuch AITembly by himfelf or her- felf, or his or her Proxy, before the Adjournment thereof, (hall forfeit to the faid Company for every fuch Share which he, (he, or they (hall then have in the faid Haven Navigation and Undertaking, the Sum of Ten Shillings, to be deduded out of the next Dividend of the Profits of the faid Undertaking. 0nti ( II ) Snb be it Ultt^tt QlJIinctCt), That if at any Time it fhall appear to Twenty or more of the Proprietors, pofTcfTing amongrt: them Fifcy Shares at the leaft, that for the more effeftiially carrying this Aft into Execution a Special Meeting of the faid Company is neceffary to be held, it fhail be lawful for fuch Twenty or more Proprietors, to caule Notice thereof to be given in the Manner hereinbefore irentioncd, or otherwife as any General Meeting fliall direft and appoint, declaring in fuch Notice the Place where and the Time when fuch Meeting is to be held, the fame not being lefs than Ten or more than Twenty-one Days after fuch Notice given, and alfo fpecifying in fuch Notice the Reafon for and Intention of every fuch Meeting, and the Proprietors by themfelvcs and Proxies are hereby authorized to meet purfuant to fuch Notice; and in cafe Twenty in Number of fuch Proprietors, pofTeflin:); "at leaft Seventy-five Shares, fhall by themfelvcs or Proxies fo meet ana alfemble together, then fuch Proprietors (but not otherwife) (hall and may proceed to the Execution of the Powers by this Aft given therri, with refpeft to the Matters and Things iofpecified only; and all fuch Afts of the faid Proprictorvs, or the major Partof thdm in Value, at fuch Meet- ing aflcmbied, fliall be as valid and efleftual as if the fame were done at any General Afiembiy held in the Manner hereinbefore ap- pointed. an?i be it further CnnileO, That it fhall be lawful for the faid Com- pany, and they are hereby authorized and impowered, from and after the pafTing of this Aft, by themfelves, their Deputies, Agents, Officers, Workmen, Servants, and AfTiitants, to widen, deepen, and render more flraight and convenient, by new Cuts or otherwife, the faid Haven extending from the Two Sluices or Bridges in the Port of Gnai Grimjby aforefaid, to or near to a certain Place called the Coal Hill, in the Parifh of Great Grimjby aforefaid, and to vary or alter the faid Haven by making a new Cut from thence into the faid River Humber, fo as at low Water Mark in the faid River there may be a greater Depth of Water at the intended Mouth or Entrance into the faid Haven when fo altered, than there now is at the Mouth of the faid Haven in its prcfent State; and in order to improve and complete the Navigation of the faid Haven, and the feveral other Works bv this Aft authorized to be done and executed, the faid Company fhall and may, and are hereby impowered, by_tliemfelves, their Deputies, Officers, Agents, Workmen, Servants, and AfTiftants, to dig and cut cr raifc the Banks of the faid Haven where the fame fhall be necefTary.and a!lb to cut and make M^t of the Soil of any Perfon or perfons. Bodies Politic, Corporate, or Collegiate, in doing fuch Works or accomplilhing f»jch Purpofcs as aforefaid; and alfo to dig up, remove, and t.ike away all Beds SpeeialGcneral AlTetnblies. Company im- powertil to make the fevc- ral ntcefTary Works tor the Impioveinent of ihe Naviga- tion of ih; Haven. ( 12 ) Beds of Earth, Grave!, Clay, or Sand, and all other Obflruc^ions and Impediments whatfoever which may hinder or prevent Rafts, Boats, Lighters, Sloops, Ships, or other Veifcls, from being navigated or towed up the faid Haven, fo as to make and maintain a complete and efFedual Navigation at common Neap Tides, between the faid River Humber and the Part or Place in the laid Haven when fo varied or altered, where a Lock is intended to beeredled and fixed for Ships or other Veffcls draw- in." at lealt Twelve Feet Water. u Company im- ^lUi lit It IwU^Zt (Enactctl, That it Ihall alfo be lawful for the faid m^ea'Lock Company, and they are hereby required, at or near the intended to take the Mouth or Entrance of the faid Haven, to fix One or more Buoy or Water Oi , J , ^ . ■' Freihney, and Buoys, and alfo in or upon iuch Part of the faid Haven as is Sprin-s'c!ikd 2bove the Point or Place called GreenJJjore End, to ereft and fix Blow Wells. One or more Lock or Locks, with Sea Gates, for the Exclufion of the Tide, and alfo to eredt and build, at or near the Eall Side of the faid Lock, a Watch Houfe for Perfons to refide therein to have the Care and Management of the faid Lock, and receive the Rates and Duties granted by this Aft ; and as well for the betcer fcouring out the Outfall of the laid Haven, and for Prevention of the fame warping up, as foroccafionally fupplying that Part of the faid Haven lying within or above the laid intended Lock, and in which Part a certain and fufBcient Qiiantity of Water (hall be pounded up as aforefaid, the faid Company fliall and may, and they are hereby authorized and required to make, and from Time to Time to cleanfe and keep open the fame, fo many and fuch Cuts or Trenches from the feveral Springs, and from the Lands and Grounds lying within the Open Fields, Common Paftures, and other Grounds fituated on the Eaft and Wcfl Sides of the Town of Great GrimJIjy aforefaid, and alfo from all and every or any of the Springs or Pools of Water, ufually called or known by the Name of Blo'uo WellSy lying by the Side of or near to any of the Drains or Watercourfcs within the Pariflies of Great Grimjhy and Little Coates aforefaid, which commu- nicate or difcharge their Waters into the faid Haven, and alfo from the feveral Springs, Pools, or Blow Wells lying by the Side of or near to the faid Beck called Frefiney, in the faid Parilhes of Little Coates and Great Coates, or contiguous thereto, as they fhall think neceiTary for con- veying the Water from and out of the faid feveral Lands and Grounds, Springs, Pools, or Blow Wells, into the faid Drains or Watercourfes, and the faid Beck refpedtivtly ; fo neverthelefs that fuch Springs, Pools, or Blow Wells be not at any Time drained off, or fo much exhaufted by Means of any fuch Drainage, as to be no longer capable of affording a neceffary Supply of Water to and for the Ufe of the refpeftive Occu- piers of the feveral Lands and Grounds lying within the feveral Parilhes aforefaid. ( '3 ) aforefaici, or any or either of them; and fo alfo that nothing herein con- tained fhall extend or be conftrued to extend to authorize or empower the laid Company, or any Pcrfon or Perfons employed by or under them, to take any of the Waceis out of or from certain Blow Wells, from which the Lands and Grounds lying within the laid Pari(h of Great Soates are now fupplied, by Means of a Pipe laid acrols ilie faid Beck or River for that Purpole (except fo much of fuch Water as may fall over a Bay which Ihail or m.iy be erecfled or railed Twelve Inches above the Level of the Mouth of the faid Pipe fo conveying the Water from and out of the laid Blow Wells into the faid Lands and Grounds in Great Coates aforelaid) and the laid Company are alio hereby im- poweied to take, turn, divert, and convey all and every the Waters from and out of the faid Beck or River called Frf/ZK^j, which run in or be- tween the faid feveral Parifhes of Little Coates, Great Coates, and Great Grimjliy, into the Cues, Drains, or Ditches which (hall and may be made, widened, deepened, enlarged, and Itraightened, within the faid Paridies of Litt/e Coates and Great Griwfay, to communicate from the faid Beck, or River to the faid Haven -, and in or upon the faid Beck or River to make, fee down, and ercd luch Cloughs, Weirs, or Sluice?, as fhall be thought requifne for turning and diverting the Courfe and Current of the Water ot the faid Beck or River as aforelaid, and for carrying down the lame through and along the old Ciiannel thereof as after mentioned : Provided neverthelcfs, that luch Clough, Weir, or Sluice, be drawn at leait Once in every Week, or ottener if Ccafion fliall require -, and the Clougli, Sluice, or Weir which (hall be fixed in, upon, or next to any of the Drains which lliail be mide or enlarged for re- ceiving the Water of the faid Beck or River called Frefliney^ Ihall be pur or let down, in order that luch Water may have its ul'ual and accuilomed Currency into rhe faid River Ilumber; and in order alfo to prevent fuch Beck or River from being filted or warped up, and (b as that the fame may at all Times and Seafons of the Year be a good and fufficient Divifion Fence between the faid feveral LorJfliips of Little Coates, Great Coates, and Great Grimjhy aforelaid ; and alio fat the laid Com- pany (hall, if required by the Proprietor or Proprietors of any of powr^»d\o'"" the Lands or Grounds adjoining upon the laid Haven, or any of make ether the Drains, Cuts, or Ditches leading thereto or communicating Waiks, &c. therewith, where the Water (hall be held up above the Surface of the laid Lands, make Soak Dikes, for the better Prelervation and Drainage of fuch Lands refpedively, and which Soak Dikes, where the Ground will admit thereof, fliall, if required by the Proprietors of the faid Lands, be made to dilchaige their refpL'ctive Waters into the laid Haven, at the Foot of the Lock to be ereded therein, or into Ibme of the Drains or Watercourfes falling into or communicating with the faid D Haven -, ( 14 ) Haven ; and alfo that the faid Compauy fliall be, and they are hereby authorized and impowered, within or upon the faid Haven, and the faid feveral Cuts, Drains, or Ditches hereby authorized to be refpedively altered, varied, made, ftraightened, and enlarged, and in and upon the Lands adjoining or near the fime refpeftively, to ereft, build, and make any new or frefii Sluices or Flood Gates, or remove, lengthen, or enlarge thofe now (landing at the Two Upper Extremities of the faid Haven, and alfo fuch and fo many Piers, Jetties, Flood Gates, Culverts, Weirs, Pens for Water, Staunches, Houfes, Warehoufes, and alfo fuch other Works and Conveniencies not herein particularly men- tioned, as the faid Company fliall think requifite and necellary for or relating to the carrying this As5t, and the feveral Purpofes thereof, into full and complete Execution; and alfo from Time to Time, when and fo often as Occafion (ball require, to remove, difplace, alter, repair, and amend the fame, and all and every or any of them, and to make, widen, and enlarge any Bridges, Ways, Roads, PalTages, and other Works or Conveniencies, as well for the carrying and conveying of Goods, Com- modities, and other Things to and from the faid Haven, as for the car- rying and conveying of all Manner of Materials necelTary for the making, creating, finilhing, altering, removing, repairing, amending, widening, eji- Iarging,or ilraightening the faid Works of and Belonging to the faid Haven and Undertaking •, and alfo to place, lay, work, and manufadure any Ma- terials on the Ground near to the Place or Places where the faid Works, or any of them, fhall and are intended to be made, ere£l:ed, repaired, or done, and to build and conftrud the faid Lock or Locks, public Quay, and the feveral Sluices, Bridges, Works, and Eredtions belonging thereto, and alfo to make, fee up, and appoint fuch Towing Paths, Banks, Roads, and Ways convenient for towing, haling, or drawing of Sloops, Ships, and other Vefiels p?fling in, through, or upon the faid Haven, as ihey the faid Company Ihall think convenient, fuch Towing Paths not to be more than Fifteen Feet wide at the Top of the Bank, and to be made and conftrucfted for towing or haling with Men only ; and to conftruft and keep in Repair any Bridges, Arches, Paffages, and other Works in, upon, and acrofs any Brooks, Drains, or Ditches, for the making, uQng, maintaining, and repairing of the faid Haven, and the Towing Paths on the Sides thereof; and alfo to conftruft, ereft, make, and do all and every other Matter and Thing whatfoever, which they the faid Company fhall think neceflary and convenient for the making, efFcding, extending, preferving, improving, completing, and ufing of the faid Haven and the Navigation thereof, in purluance ot and according to the true Meaning of this Aft, they the faid Company doing as little Damage as may be in the Premifles, and making Sa- tisfaftion in Manner hereinafter mentioned to the Owners and Proprietors of ( '5 ) of fuch Lands, Tenements, or Hereditaments, Waters, Watercourfesj Becks, Brooks, or Rivers refpeftively, as flial! be taken, ufed, removed, diverted, or prejudiced, for all Damages to be by them fuftained in or by the Execution of all or any of the Powers of this Ad ; fave and except to the Mayor and BurgefTes of the Town and Borough of Great Grimfiy aforefaid, who, for the better facilitating t!-.e faid Undertaking, and in Confickration of the great Advantage they will derive therefrom, have agreed to relinquifh all Right, Claim, and Demand to any Sum or Sums of Money, Rent or Rents, which they otherwife might have or claim for or in refpedl cf the Land or Ground of or belonging to them the laid Mayor and BurgelTcs, which (hall or may be neceflarily had or ufcd, damaged, or injured by the faid Company in carrying the faid Under- taking into Execution, or other the neccffary Purpoles of this Ad, fuch detached Pieces of Ground as hereinafter mentioned being conveyed to them by the laid Company, in cafe the deck thereto adjoinintj; fhail he wanted to be enlarged and Ilraightened ; and this Ad fhall he fufficient to indemnify the faid Company, their Agents, Officers, Workmen, ana Servants, and all other Pcrforis whomfoever, for what they or any of ihem Ihall do by virtue of the Powers hereby granted, fubjed ncverthe- lefs to fuch Prcivifocs and Reflridions as are hereinafter mentioned and contained : Provided always neverthelcls, that it fhall not be lawful for the faid Company to take more than Four hundred iquare Yards of Land in the Whole from the Eftates oi Charles Lord Tar borough, George Robert Heneage and George Tcmiyfon, Efquires, for the Purpofe of eredine Houfes, Warehoules, or other Buildings thereon, nor Ihall any Part of any of fuch Houfes, Watehoufes, or otlier Buildings, extend in Front next the faid Haven more than Fifteen Yards, without the Conlent of the Owners and Proprietors of fuch Land reipedivcly ; and the Place or Places on which fuch Houfes, Warehoufes, or other Buildincrs ihall be ereded and built, fhall be appointed, fet out, and fixed by the faid Committee, at fome Meeting to be held by them within Twelve Calen- dar Months next after the paffing of t!iis Ad, any Thing hereinbefore contained to the contrary notwithltanding. ^rotjitieJj nltoniiji, anti lie it further (Il;naarli, That the Earth or Soil com an which fhall aril'e from the enlarging and altering the faid H.iven, they >^mo^"'*»''« the Space of Twelve Calendar Months, have removed fuch Earth or '^'"^' Soil in Manner as aforefaid, that then and in Rich Cale it fliall and may •be lawful for the refpedive Owners of the Lands upon which Aicli Earth ( 16 ) Earth fhall be laid, to take and ufe the fame for the making of Bricks, or any other Purpofe, to and for his, her. or their own proper Ufe and Benefit, any Thing herein contained to the contrary notwith- itanding. Provifion for ^votJttlEtl fllfo, ailtl fat It flll'tgcc CBniUtCtl, That for preventing the onhe Low'°" Low Lands in the fevcral Lordfhips of Great Grh:Jby and Little Coates Lands being aforcfaid, being flooded or injured by the Stoppage or the Waters arif- ing or paffing wiihin or through the faid icvcral Lordfliips, or either of them, and draining into and through the laid Haven, the faid Company lliall, and they are hereby required, wichin the Drain or Ditch called Piper Creek, to erect and fix a Gauge Weir, the Summit whereof fhall not exceed or be higher than the Level or Surface of the Lowell: Lands in the laid LordiTiip of Little Coates, except as to a certain Piece of Land there, and lying near to the faid Piper Creek, and containing Five Chains in Lxngch or thereabouts, and which lies One Foot beneath the Surface or Level of other the Low Lands there, but for Security whereof, and to prevent the fame from being overflowed by Means of the Water being there kept up to the Level of other the faid Low Lands and Grounds, they the faid Company fliall and will at all Times well and fufficiently embank, guard, and fecure the fame ; and they the faid Com- pany (hail alio caufe the Level of fuch Low Grounds (except as afore- faid) to be marked upon the Lock intended to be ertded and fixed in the laid Haven, and in fuch Haven fhall caufe the Water to be at all Times kept below or within fuch Mark; and between the Ebb of one Tide, and the Flood of the next, fhall regularly and conftantly fluice or draw off the Water pounded up in the faid Haven by Means of the faid Lock, until the fame fhall be reduced Two Feet below fuch Low Water Mark; and in cafe the Haven Mafter, or other Perfon having the Care or Management of the faid Lock, fliall keep the Water pounded up within the faid Haven above the faid Mark, or (hall neglcdl to draw ofl^ the fame, or make fuch Reduftion during the Ebb of Tide as aforefaid, by Means whereof the faid Lov/ Lands fhall be flooded, or any Damage or Injury fhall be fuftained in confequence thereof, every Perfon fo oflx;nding fhall, for every fuch Ofi-'ence, forfeit and pay the Sum of Three Pounds, to be recovered in fuch Manner as is herein direftcd. Buildings, &c. #CO\)ltieti altoa^Jf, That nothing herein contained fhall authorize or except fuch as impower the faid Company, or any Perfon or Perfons adting by or under nmTo be°in! ' t"eir Authority, to take, ufe, injure, or damage, for the Purpofes of the juredi faid Undertaking, or any other the Purpofes in this Aft mentioned, any Houfe or other Building which was eredled or built upon before the pafTing of this Ad, or any Land or Ground which was then fet apart and ufed ( 17 ) ufed as or for a Garden, Orchard, Yard, or Paddock, without the Con- fent of the Owners and Occupiers thereof, other than and except a certain thatched Hovel or Stable fuuate, ftanding, and being in a certain Llofe in Great Crimjhy aforefaid, called the Six ylcres, the Property of the faid Mayor and BurgeflTcs, and which is now in the Occupation of the Reverend IVtXam Thcroid, as their Leflee ; a certain Cloie or Paddock in Great Grimjby aforefaid, the Property of George Robert Heneage, Ef- quire, and now alfo in the Occupation of the faid IVilliam Thorold, and the Stables, Coach Houfe, and other Offices or Outhoufes there- in ftanding and being; ar,d alfo except fuch Gardens, Steps, and other Projections as have been made with the Confcnt of the Lords of the Manor or otherwife, and for which no Compenfation was or hath been made, upon the Roads, Highways, or landing Places lying next to or imincdiately adjoining upon the faid Haven; nor (hall the faid nor any Company be authorized or enabled, under or by virtue of any Thing in for'th'c"u/e of this A(Sl contained, to ere£l or build any Houfe, Mill, or other Buildino- t'le Navigaiio* upon the Lands which fhall or may be fet out for the Towing Paths, the Towing*"* or landing Places, or other Purpofes of the faid Navigation (except ^^'hs, &c only and to the Extent aforefaid) without the Confent of the Pcrfon or Perfons who (hall be Owner or Owners of fuch Lands at the Time of fetting out the fame for the Purpofes aforefaid ; or to con- vert or employ any Water that (hall be brought into or difcharged out of the faid Haven, or into or out of any of the Cuts, Drains, or Ditches communicating therewith, for the Ufe of any Mill or Mills hereafter to be erefted near the fame ; and if any Houfe, Mill, or other Building, fave as aforefaid, (hall be ereded upon any fuch Lands or Grounds, without fuch Confent as aforefaid, it (hall and may be lawful for the Perfon or Perfons, Bodies Politic or Corporate, who was or were Owner or Owners of fuch Lands or Grounds at the Time of fetting out the fame for the Purpofes aforeiaid, or his, her, or their Heirs, Suc- ce(rors, Executors, Adminifl:rators, or AlTigns, to take or pull down and remove fuch Houfes, Mills, and other Buildings, without being deemed o-uilty of Trefpafs, or liable to any Aftion or Profecution for lb doing. Slntl toljCl'CasS the Ground lying on the Weft and South Sides of the The public Two Branches .of the faid Haven, and next adjoining the Town, and Qiiaytobee„. which is a public Quay and landing Place of and belonging to the faid '^''S^''' '^' Port of Grimjhy, is very narrow and inconvenient, and upon the faid Haven being io improved and enlarged as by this A6t is intended, will not be fpacious and commodious enough for a public Quay or landing Place, nor admit of Two Carriages to pais each other, or any Cranes, Beams, or other necelTary Engines or Conveniencies to be erected or fixed thereon ; T£>Z \t therefore d^nacteU, That it fhall and may be lawful h:. to ( i8 ) to and for the faid Company, and they are hereby authorized and im- powered to fill up and level the (aid Two Branches of the faid Haven, and on the Eaft and North Sides thereof, and from one Sluice Bridge to the other, to cut and make Two other and frefli Branches to communi- cate with the faid Haven, of fufficienc Depth, Width, and Capacity for Ships and other Veflels, fo as that the Ground on the Weft and South Sides thereof, and between fiich new or intended new Cuts or Branches, and the Warehoufes and Buildings adjoining the Town, and certain Ground of and belonging to George Tennyfon, Efquire, do not ex- ceed or be of lefs Width or Breadth than Twenty Yards, excep: in fuch Points or Places where it ihall otherwife UDavoidably happen, from pre- ferving a dired Line with refpeft to the adjoining Buildings, and alfo from the North Eaft Corner of a certain Malt Kiln, to the North Weft Corner of a certain Summer Houfe refpeftively of the faid George Tenny- fon ; and it ftiall and may be lawful for the faid Company, and they are hereby rsauired, upon fo much and fuch Part of fuch Ground only as fliall be fo left on thofe Sides of the faid Two new Branches or Cuts lying next the Town, to make and ertft commodious, good, and fuffi- cient Quays, Wharfs, or landing Places, Cranes, Weighing Beams, and other Eredions and Conveniencies as ftiall be thought requifite for landing and difcharging, lading and ftiipping of Goods, Wares, and iVIer- chandize exported to, or imported from or into the faid Haven, fo as in the doing thereof or by Means or in Confequence thereof the Pro- prietors or Owners of the Warehoufes, Yards. Lands, and Premifles adjoining next to and immediately upon the faid public Quay, Wharf, or landing Place, or their rcfpeftive Agents or Tenants, be not hindered or prevented from having at all Times a free and uninterrupted Paflage to and Communication from their faid refpedive Premifles through and acrofs the faid public Quay, Wharf, or landing Place to the faid Haven, for the loading and unloading of any Goods, W^ares, or Merchandize into or from out of any Ship orother Vcflcl lying within that Part of the faid Haven as is or fiiall be oppofite or near to the faid refpedtive Buildings and Premifles ; and that it fhall not be lawful for any Perfon or Perfons whomfcever, to lade or put, or caufe to be laden or put off or from any Quay, Wharf, or other Place on the Land, within the faid Port of Grimjhy (except as after mentioned) into any Ship,Vcflel, Lighter, Boat, or Bottom, any Goods, Wares, or Merchandize whatfoever (Fifii taken by His Majefty's Subjects, Beftials, and Salt only excepted) to be brought from any of the Parts bcyoiid the Seas, or to take up, difcharge, or lay on Land, or caufe or procure to be taken up, difcharged, or laid on Land, out of any Ship, Veffel, Lighter, Boat, or Bottom (being not in leak or wreck) any Goods, Wares, or Merchandize whatfoever (Fifli taken by His Majefty's Subjects, Beftials, and Salt, only excepted) to be brought from any of the Paris ( '9 ) Parts beyond the Seas by way of Merchandize, but only upon fuch open Place, Qiiay, or Wharf, Places, Quays, or Wharfs, as (hall be enlarged and made as abovementioncd, or upon fuch Quays or Wharfs as fhall be built and provided in purfuance of this Adl in Manner hereinafter men- tioned, without fpecial Sufferance or Leave firft had from the Commif- fioners or Officers of His Majefty's Cuftoms, upon the Penalty of the Forfeiture of ail fuch Goods, Wares, and Merchandizes fo laden or dif- charged contrary to the true Meaning of this A6t, or the Value thereof. Slnti be It fuCt^CC dgttacteO, Tliat it (hall and may be lawful for all Proprietor* of and every the Owners and Proprietors of the Lands and Grounds lying on a"joTi"ing'the each Side of the faid Haven, from and between the Place called the Coal Havfn im- Hill, and the faid Two Sluices at or near the Eaft End of the Town of mlk" Qury». Great Grim/by aforcfaid, and which hath or have been heretofore fet out and appointed to be the Place or Places, Quays or Wharfs, for the landing or difcharging, loading or unloading of any Goods, Wares, or Merchandizes within the faid Fort oiGrimJly, at their own prjper Charge and Expence, to make fuch Eredtions, Buildings, Walls, and Staiths on their faid I-,ands lying on each Side of the faid Haven, from and between the faid Place called the Coal Hill and the faid Sluices, fo foon as the faid Ha- ven (hall be widened, deepened, enlarged, and ftraightencd, as is hereby authorized, for the making the facne convenient and complete Quays, Wharfs, or landing Places, without any Interruption, Let, or Dif- turbance, of, from, or by the faid Company, or any of their Agents or Servants, and without being liable to have the fame, or any of them, or any Part thereof, at any Time afterwards removed, taken down, or al- tered; fo as any of fuch Works or Ereflions do not proje6l into the faid Haven more than Six Feet, and fo as all luch Places be open at all Times to the Officers of His Majefty's Revenues ; on which faid feveral laft-mentioned Quays or Wharfs, when fo made and eretfled, it (hall be lawful to (hip off, land, and difcharge all weighable Goods, or Goods called Sufferance Goods, and all other Goods, Wares, and Merchandize whatever, which are permitted to be (hipped off or landed in the Port of iljindm as Sufferance Goods, and under the like Regulations. an&, to the End that the faid Navigation may be improved with as Tunnels, &c. little Damage to private Property as poffible, Bc it furtfiet: , ^°J'^ '^?''e ^of That the faid Company (hall, and they are hereby required to make or tftiitOccu- caufe to be made, fuch Bridges, Arches, Tunnels, Drains, or other PalTagcs over the feveral Cuts, Drains, or Ditches aforefaid, as fhall be Xufficicnt at all Times to convey the Water from, and permit the Occu- pation of the Lands adjoining or lying near thereto, without obftru-ft- ing or impeding the fame by Reafon or Means of fuch enlarging, ftraightening. 1 icrs of ad join- ing Lands. ( 20 ) ftraightening, altering, and making the faid Cuts, Drains, or Ditches •, and alfo fhall divide and leparate, and keep conflantly divided and fe- parated, the Towing Paths on the Side or Sides of the faid Haven, or fuch Part or Parts thereof as fhaJl be found neceffary by the Commif- fioners hereby appointed, from the Lands or Grounds adjoining to fuch lowing Paths, with a fufficient Port and Rail, Ditch, Trench, or Bank, or other Fence fufficient to keep in Sheep or otlicr Cattle, to be fee and made on the Lands and Grounds which the faid Company (hall become pofieifed of for the feveral Purpofes in this A61 exprefledi and alfo fhall make, ere£b, and fet up fuch and fo many convenient Gates, Bridges, Stiles, and other Conveniencies in, through, and over the Ditches and Fences to be by them fo made on the Sides of fuch Tow- ing Paths as aforefaid, and alfo fjch and fo many Bridges and Paffages over, under, or through the faid Trenches, Streams, and Watercourfes, and of fuch Dimenfions and in fuch Manner as the CommilTioners here- inafter appointed (hall from Time to Time judge neceffary and appoint, for the Uie of the Owners and Occupiers of the Lands and Grounds, He- reditaments and Premiffes adjoining to fuch intended Trenches, Streams, Watercourfes, and Towing Paths, or any of them refpectivcly ; and the faid Company fhall not make any Cut, Trench, or Watercourfe, or any Part thereof, in or acrofs any common Highway, public Bridle Way, or Foot Path, until fuch Time as the faid Company fhall have made and perfected fuch Bridge or BriJges over, or convenient Paf- fages through, or Arch or Arches under the faid Place or Places where the faid Cuts, Trenches, or Watercourfes rcfpeftively fhall be intended to be made for fuch Road, Way, or Path, and of fuch Dimenfions and in fuch Manner as the faid Commiflloners fhall adjudge proper. 3nll be it further (tnattcli, That the faid Company fhall, and they Bridgestobe are hereby authorized and required, at their own Expence, for the more DrahisL^Lord convenietitOccupation of the Lands of the faid Charles Lord Yarboroughy Varborough, Elizabeth Lee, Widow, and the Mayor and Burgeffes of Great Grimjby ti'on'^f GHmf. aforcfaid, to ereft and build over the Cuts and Drains hereby authorized by, and Mrs. (g be made or enlarged, and which fhall be cut acrofs the faid Lands or the Roads leading into the fame, good and fufficient Bridges for Horfes and Carriages in fuch Parts and Places as the faid Charles Lord Tarho- rough,- Elizabeth Lee, and the faid Mayor for the Time being, fhall direft by Writing under his, her, and their Hands refpeftively, and at all Times for ever thereafter to keep and maintain the faid Bridges in good and fufficient Repair for the Ufe of the Owners for the Time being of the faid adjoining Lands, and his, her, and their Tenants, Servants, and others authorized and allowed by him, her, and them, to pafs and re- pafs over the fame refpedively. SivA Certain Lee's Lands. ( 21 ) SilXti 6e (t further (trnm^ That in cafe the faid Company or their Proprietors of Agents fhall fail or negleft to make, ercft, and Tet up fiich Gates, BfuigVsT "''' Bridges, and Stiles, and other Conveniences in and over the Fences on Compapyne- the Sides of the Towing Paths, or fuch Bridges, Arches, Tunnels, and ^'"^' Paflages over, under, or through the laid Cuts, Drains, and Ditches, U'renches, Streams, and VVatercourfes as aforefaid, for the Ufe and Con- venience of the refpedlive Owners or Occupiers of the Lands adjoining thereto, and from Time to Time to repair, maintain, and fupport fuch Gates, Bridge?, Arches, Tunnels, and Stiles when made, eredted, and fet up, of fuch Dimenfions and in fuch Manner as' the Commiffioners hereby appointed fhall from Tine to Time dired or appoint, for the Space of Three Calendar Months next after the Time to be appointed for thofe Purpofes by the faid Commiflioners, then and in every fuch Cafe it fliall be lawful for every or any of tiie faid Owners or Occupiers of the faid adjacent Lands or Grounds, who fhall find themfeli'es, him- fclf, or herfelf agorieved by any fuch Failure or Negleft, to make, erect, and fet up all fuch Gates, Stiles, Bridges, Arches, Tunnels, and other Conveniencies aforciaid, as the faid Commiflioners (hall have before di- reded or appointed to be made, ercd^d, and fet up by the faid Com- pany, and from Time to Time to repair and fupport the lame refpec- tively as Occafion Ihall require (in cafe upon Application to the faid Commiflioners, after Three Calendar Months previous Notice to the Treafurer or Clerk to the faid Company of fuch intended Application) the faid Commiflioners fhall and may authorize and dire6l fuch Repairs as aforefaid •, and all the reafonable Cofts and Charges thereof refpeftively, to be fettied and allowed by the faid ComiTjiflioners, fliall be repaid to the the'lofT'^Ttl refpeclive Owners or Occupiers of the uiid adjacent Lands, who fliall '■"'»"''"'- •have fo made and eredcd or repaired the faid Gates, Stiles, Bridges, Com.>,iffionl!f Arches, Tunnels, Palfages, or oiiier Conveniencies as atorel'aid. ov the 'p^'t'^P'"''' ^^r faio Company Within the Space ot IwtntyDays next after the fame ilia 1 have been fo fettled and allowed, and an Account and Demand fiiaii have been delivered and made thereof; and on Default of Payment of the faid Coflis and Charges within th'i Time aforefaid, the laid Commif- ^" Tishuh of fior.ers fiiall, and they are hereby required, by Warrant under rheir diftraneJfor. Hands and Seals, to levy the faid Cofts and Charges by Diftrefs and Sale of the Goods and Chattels of the faid Company in or upon the faid Ha- ven, or the Quays, Wharfs, Warehoufes, or Buildings adjoining to or near the fame refpeflively, to and for the Ufe of fuch Pcrfon or Perfons who fliall have fo laid out and expended the fame as aforefaid, rendering to the faid Company, or to fome of their Agents, the Overplus (if any fuch there be) after dedufling the reafonable Charges of making fuch Diftrefs and Sale, to be fettled by rhe faid Commiflioners ; or otherwifp -•, . every or any or the laid Owners or Occupiers of Lands, who fliall have o'eied by *^ made. ( 22 ) Lanil Owners may alter Bridges at thei.- own Expence witii Coiifent o! the Coiii- mittce. made, crefled, or repaired any fuch Gates, Stiles, Bridges, Arches, Tun- nels, Paflages, and other Convenicncies as aforefaid, upon the Failure or Ncgleft ot the laid Company, Ihall and may have fuch and the like Re- medy againft the faid Company for the Recovery of fuch Colls and Charoes by Aftion at Law, to be commenced and profccuted in fuch Manner as in other Cafes is in and by this Act mentioned and di- rcdted. ^rol)is3cti altoajiS, auD be it tmtijtt CBnoitcti, That if the fcveral Bridges, Arches, Tunnels, Gates, Stiles, Parages, and other Convtni- ericici which the faid Commiirioners Ihall have limited and direded to be made by the faid Company, over, in, upon, or under the faid Cuts, Drains, Ditches, Trenches, Streams, and WaiercourlcSj fhall at any Time or Times thereafter be found by the Owners or Occupiers of the Landa adjoining, to be too few in Number, or too inconveuiently fixed for the. Ufe and Occupation of lUch Lands, that then and fo often it Hiall be lawful for any or every of fuch Owners or Occupiers, with the Confent and Approbation of the Committee for the Tim.e being, to be chofcn in the IVlinner hereinbefore direfted, upon Requeft made to them, for that Purpofe, or in cafe of their Refulai for the Space of Twenty-eight Days after fuch Requeft, then with the Confent and Approbation of the faid Commiffioners, to make, fix, and eredt, at their own Cofts and Charges, One or more Gate or Gates, Stiles, Bridges, Arches, Tunnels, PafTa-'cs, or other Conveniencies, of the fame or the like Conftruftion with others made and ereded by the faid Company, upon, in, over, or near the faid Cuts, Drains, Ditches, Trenches, Streams, and Water- courfes, in fuch Places as lliall be found and judged inoft neceflary and convenient, for the better Ufe, Management, or Occupation thereof, and to repair and i'upport the fame at their own like Cofts and Charges as Oc- cafion ftiall require, fo as no Damage or Injury be thereby done to the faid Cuts, Drains, Ditches, Trenches, Stream?, and VvatercourfeSj or the Banks thereof, or to obftruft or weaken the Currency of the Land Waters, or their communicating with or faliing into the faid Haven. Com an • m ^^^^ toSeitilg it may happen from Floods, extraordinary ■great Tides, CafesofFiooJs or from fome unexpefted Accident, that the Lock, Sluices, Wcirs, ir^^Mat"-'' Flood Gates, Dams, Banks, Trenches, or other Works of the laid Haven, rials for Repair or of the Dra-ins communicating therewith, may be injured or deftroyed, of Damages, ^^^ ^,_^^ Lands thereby adjoining may fuftcr Damage, and that it may be neceflarv that the fame fhould be immediately repaired or rebuilt, to prevent any further or greater Damage ; Be it tijerefore (Euaaxi, That in etery fuch Cafe, and when and fo often as the fame fhall happen, it ftiall be ( 23 ) be lawful for the faid Company from Time to Time, or for tlicir or any of their Servants, Agents, or Workmen, without any Delay or Interruption from any Pcrfon or Perfons whomfocvcr, to enter into or apon any Lands, Grounds, or other Hereditaments adjoining or near to the faid Haven, Drains, and other Works and Cor.veniencies, or any of them (not beinor the inclcfcd Ground whereon, or in which any Houfe or other Building (hall or may (land) at^d to dig for, work, get, and carry away, and ufe all fuch Stones, Cobbles, Gruvcl, Soil, and other Materials as may be neceffary or proper fcr the Piirpofes aforefaid, without any previous Treaty or Contract whatfoever with the Owner or Owners, Occupier or Occupiers of, or other Perlbn or Perlbns intereltcd in fuch Lands, Grounds, or Hereditaments, or any of them, doing as little Damage thereby as the Nature of the Cafe will permit, and making Recompence for the fame to the Owners and Occupiers of, or other Perfons interefted in I'uch Lands, Gi'ounds, or Hereditaments, within the Space of Three Calendar Months next after the fame, in refpcft thereof, fliall be fettled and determined, or afTe.Ted, by the Ways and Means by this Act pre- fcr'.bed and direfted with relpcd to other Damages to be done or occa- fioned by or for improving the Navigation of the faid Haven, and mak- ing and completing the Works of the faid Undertaking. 3nt) bt it furtgcr CBnaaeO, That if at any Time or Times hereafter, Dama?es nst any Perfon or Perlbns (hall fuftain any Damage in his, her, and their ^e"^','i[i!!/by" Lands, Tenements, or Property, by any fuch Floods or Accidents, or iht- Commir- otherwife, by Reafon of the Execution of any of the Powers hereby given, or by Means of any Negled or OmilTion of the faid Company or Com- mitLee, or any OrRcer, or other Perfon employed by, or ading under them, for Recompence whereof no Provifion Js hereby made, then and in every fuch Cafe, fuch Damages (hall from Time to Time be fettled by the CommilTioners hereby appointed, and be recovered, levied, and difpofcd of in fuch and the like Manner as is herein direded v.ich refpect to other Damages. ii- fioneii. o Land Owners Expencr. SdltJ be it furtljec CcnactCtI, Th.u if at any Time hereafter the Comijanven- P.eck, Drains, or Ditches through which the Water (liall be conveyed "''>^:''.'>':i'""i'e " 1 I 1- o 1 I a^ij'jinini Wa- into any of the Cuts, Drains, or Ditches hereby directed or authorized lacouri: s at to be made, for the better Improvement of the Navigation of the faid Haven, fliall, by Reafon of their not being of a fufficient Capacity, or fufficiently cleanfed r.nd kept open, hinder or obftruft the C'-rrency or free PaflTage of any fuch Water or Waters, and if the fame ihall not be made more capacious, or completely cleanfed and opened, within One Calendar Month after Notice in Writing fhall have btren given thereof, to the Owner or Owners, Occupier or Occupiers of the Lands adjoinin ^g ( 24 ) adjoining or lying contignoiis to fuch Beck, Drains, and Ditchc?, or to the Conllable or other pariOi Officer where fuch adjoining Land is a Common Pafture, by any Clerk or Agent of the faid Company, it (hall then be lawful for the faid Company (an OrJer in VVritirg for that Piirpofe having been firfl: obtained from the ConimilTioncrs hereby a[)pointed) from Time to Time, as often as tiiere fhall be Occafion, to widen, deepen, enlarge, open, and clear.fe, or caufe to be widened, deepened, er.jargfd, opened, and ckankd, the faid Beck, Drains, and Ditches ; and the reafonable Expence thereof, when aicertained and al- lowed by the faid Commifliuners, (hall be repaid to the faid Company, by the Owners or Occupiers of fuch Lands or Grounds to which liig fn;d Beck, Drains, and Ditches fo enlarged, opened, and cleanfed, ftiall belong, or by the Conftable cr other Patifli Officer where fuch adjoin- ing Lanu is a Common Pafture, and which Parifh, on Account thereof, fliall be wholly or in part liable to the Repair of fuch Drains or Diches-, and in cafe of Refufal to fatisfy the fame, for the Space of One Calendar Month after Demand fhall have been made thereof, from the refpeflive Owners or Occupiers of fuch Lands and Grounds as aforefaid, or fuch Conftable or other Parilh Officer?, for or by Reafcn as aforeiaid, all and every fuch Charges and Expences fiiall and may be recovered in fuch Manner as Forfeitures and Penalties are hereinafter direded to be recovered. Three cenified SllU to^a^ceaS a Level and Survey have been taken for afcertaining piin; to be ^j^g Praiflicability of improving the Navigation of the faid Haven by the pofile.rfo,' ^" feveral Ways and Means aforefaid, and a Map or Plan, with a proper public r.ifpec gook of Reference thereto, hath been made in confequence thereof, in order to fliew as well the Line or Courfe of the faid Haven, and the En- iargenientjftraightening, and varying the fame, as the ncv/ Cuts or Drains, and the ftraightening and enlarging of the feveral old ones, for convey- ing into the faid Haven not only the Water of the faid Beck or Rivt-r called Frejhney\ but alfo of the feveral other Waters draining from tha Lands above in the faid feveral Parifhes of Little Coates and Great Grimjby, and the adjoining Parifli of Clce ; Be U tljCUCtore C^ttattcti, That there fhall be Three Parts made of the faid Mcipor Plan and Book of Reference, which fhall be certihed by the Right honourable the Speaker of the Houfe of Commons, ar.d fcveraliy dcpofiicrd wi;h the Clerk of the Peace fcr the Parts o1 Lindfey, in the Counry of Linco'.n, the Town Clerk of the Borough of Grimjhy, and with the Clerk to the laid Company, to which all Perfons fhall have Libtrty to refort and examine, and make Extraits or Copies thereof as Occafion (hall require, paying for every fuch Infpedion the Sum of One Shilling, and tor every fuch Copy or Extrad after the Rate of Eour Pence for every Seventy. two Words 1 ( 25 ) Words; and ihe faid Maps or Plans and Books of Reference fo certi- fied, or true Copies thereof, (hall be, and are hereby declared to be good Evidence in all Courts of Law and Equity, or cllewhere-, and the Clerk for the Time being to the faid Company, upon Twenty-one Days No- tice CO him given for that Purpofe, fliall, and is hereby required from Time to Time to pruduce the faid Map or Flan and Book of Reference, befoie the Commidloners named and appointed in or by virtue of this A«51-, or any Jury or Juries to be impannelicd by virtue thereof, at the Time and Place to be mentioned in fuch Notice, in order that the fame may be then and there given in Evidence, fuch Clerk to the faid Com- pany havinp a realonable Sum of Money allowed for his travcllin<' Ex- • penccs, Abfcncc froai Home, and Attendance on fuch O^cafions. Sfnli lie it rt!';r(jei- (fnaJCtl, That the fiid Haven Company, in ftraight- Rertriaion. a* ening varying;, and enlarging the laid fJaven, from the Junftion of the 'o Deviatr.ns _ '^_ ■ " . ... • , J , from the Plan. 1 WO orar.ches lo mtenacd to be varied-and made as hereinbefore is men- tioned, to the Place where the intended Lock fhall or may be fixed, and alio in deepening and enlarging the Crols Drain from the faid Beck or River c^Wsd FreJJjuey, to the faid Drain called Piper Creek, (hall adhere to the Courie and Direction delineated in or upon the faid Map or Plan, ■and fet forth in the faid Book of Reference, as nearly as Circumdances render pravflicable; and in cafe of any Difpute or Difference about the NecelTuy of fuch Deviation, the fame fhall be enquired into and deter- mined by the faid CommifTioners, or any Three or more of them ; and in making, ftraightening, varying, or enlarging other the Cuts, Drains, or Ditches aforei'aid, for conveying into the faid Haven the Water of the faid Beck or liiver called FreJIjiiey, the faid Company fhali not deviate more than Twenty Yards from the Courfe or Diredion de- .lineated in the faid Map or Plan, and fet forth in the faid Book of Reference, nor cor, carry, or convey the faid Haven and Watercourfes into, through, acrofs, under, or over any Part or Parts of the feversl -Eftates, Lands, or Grounds now or late belonging to, or reputed to be- long to the faid feveral and refpedive Owners named or defcribed in the faid Book of Reference, otherwife than and under the Circumdances and within the refpeftive Diftances aforefaid, from fuch Part or Parts as are mentioned in the faid Book of Reference in that Behalf, or belonging to any other Perfon or Perfons not named in fuch Book of Reference, with- out the Approbation and Confent in Writing, figned by the Perfon or Perfons to whom fuch Eftates, Lands, or Grounds do or (hall refpcc- tively belong. ^3rotiticU ncSwctljclcCsi, That nothing in this Aft, or in the faid Map Dfvlatiom in tained, (hall extend or be conftrued laid Company frotn making the faid G Haven, or Plan, and Bookof Reference contained, (hall extend or be conftrued ""^i" Cafe» .to extend to rcfttain or prevent the faid Company frotn making the faid madr.^ ( ^6 ) 'Haven, from the Junftion of the Two Branches thereof downwards to the River Humber^ of a fufficient Width, .Depth, and Capacity for Two Ships or Vtfiris, drawing Seventeen Feet Depth of Water, and of Thirty- two Feet Beam, to navigate the lame, and pafs e.;ch other at ordinary Spring Tides ; nor to hinder or prevent the faid Company from making fuch Two Branches of fufficient Capacity as to admit of Three fuch Vfllels to be moored or lay abrcail of each other, lo nevcrthelcfs the in- tended Capacity of the laid Haven, and the Branches thereof, within the Extent or Limits aforefaid, be lettled and fixed by ttic faid Company, at fome Meeting to be held by them within Twelve Calendar Months next after the paffing of this Acl ; nor to hinder or prevent fuch Deviation in the altering and varying the faid Haven through the Ground called Fitty Ground, and the Mud Shore to low Water Mark in the River Humber, from the Courfe and D.rcdion delineated in the faid Map or Plan, or from erecting a Lock in fuch Part cf the Haven, or Sluices, Cloughs, or Weirs in or upon the faid Watercourles, Cuts, Drains, or Ditches refpeftively, as the faid Company or the Committee a? aforefaid fhall think moft expedient and proper, and betl calculated to anlwer the Ends and Piirpofes of the laid Navigation and Undertaking ; nor to prevent, hinder, or obftrudb the Land Waters from and above the Eaft and South Eaft Sides of the Towrn of Great Grimjhy aforefaid from being conveyed in, by, or through a new Cut or Drain, which the faid Company are hereby as well authorized as required to make, imrr,ed;ately next to and on the Eifl Side of the Turnpike Road, leading from the Eafl End of the faid Town, to or nearly to a certain Place there called the Sand End, inftead of being made immediately next to and adjoining the Bank on the Eafl: Side of the faid Haven, as is fo laid down in or upon the faid Map or Plan, in cafe the faid Waters cannot, without obftrufting the Drainage thereof, or injuring the Lands and Grounds adjoining, be taken into fuch Haven, and Quiced through the faid Lock. The OmhTion ^rot)it!Cli altoapsf, anti it (0 %nzhv fucttcr c^nadeU, That the faid Com- in the Boolt of „ ,, , i i n i n i Kefeienceof pany fhall and may make, enlarge, itraignten, or vary all and every or theNameof any of the Cuts, Drains, cr Ditches into, through, acrofs, or over the any Lanil ' ' , r r» r t^ r i /- Owner to be Eftates, Lands, Or Grounds ot rny Perlon or Perlons whomloever, into no Bai- to ihe ^h^fg Eftates, Lands, or Grounds fuch Deviation as aforefaid fhall Undertaking. ' ' extend, and alio to make and ereft all luch Buildings and Works as the faid Undertaking (hall neceflarily require, although their Names be not mentioned in the Book of Reference, or into the Efl:ates, Lands, or Grounds of any Perfon or Perfons, whofe Name or Names (hall appear, to the Satisfadlion of the faid Commiflloners, and be by them certified under their Hands, to be by Miftake omitted in the faid Book of Reference, or that inftead thereof the Name or Names of fome other Perfon or Perfons, to whom fuch laft-mentioned Eftates, Lands, ( 27 ) iLnnds, or Ground? do not belong, have or hath been by Miftake in- •feited therein, any Thing herein contained to the contrary thereof in anyvvife notwithftanding. S!ui3 k ft fuitljCf llcnattctl, That it fhall be lawful for the Agents and Land maybe Servants of the laid Company, from Time to Time to enter upon the f,"^^'!^!*^!^^. I,ands or Grounds of the feveral I'erfons, Bodies Politic, Corporate, or therSmveyi, Collegiate, through or upon which the laid feveral Works hereby autho- • rized are intended to be made, in order to make any frefli, further, or other Survey, and take a Level of the fame, and fet out and afcertain fuch Pares thereof ns they iliall think r.ecefTary or proper for the en- larging, flraightenirg, and varying, as well the laid Haven as the feveral Dr;fins or Ditches aforefaid, and the making fuch new Cuts or Drains, and other the Matters and Conveniehcies aforefaJti ; buc nevertheiefs under and fubjeft to the Provifoes and Reftridlions herein contained of and concerning the fime ; fuch Agents or Servants making Satisfadion for the Damage they fhall do thereby, to the Occupiers of fuch Lands t)r Grounds for the Tim.e being. anU lie ft fuftljec CuattcC, That it fhall be lawful for all Bodies Po- Bodies Corpo. Jitic, Corporate, or Collegiate, whether Aggregate or Sole, and for the iatei &-'c. im- Hufoands, Guardians, Truftees, and Feoffees in Truft, Committees or and exchange Attornics, Executors, AdminiRrators, and ail other Truftees whatfoever, J-and.&c. not only for and on Hehalf of themfelves, their Heirs and SuccefTors, but alfo for and on Behalf of their Cefluique Trufts, whether Infants or llTue unborn, Lunatics, Idiots, Femes Covert, or other Perfon or Perfons, and to and for all Femes Covert who are or fhall be feifed, pofTcfTcd of, or interefted in their own Right, and to and fo; every Perfon or Perfons however incapaciated, who are or fhall be feifed, poffefTed of, or in- terefted in any MefTuages, Lands, Tenements, or Hereditaments, either to demife or leafe the fame, or any Part thereof, for any Term or Num- ber of Years, at a certain Yearly Rent, or otherwife to contra(5l for, fell and convey to the faid Company, or to fuch other Perfon or Perfons as they fhall nominate or appoint, as well for the Ufe of the Navigation of the faid Haven, and other the Purpofes aforefaid, as for making in future, out of or with the Surplus IVIoney to arife by or from the Rates or Duties hereby impofcd, and Intereft of Inveflments, or the Monef which may be borrowed on the Credit thereof, any Dock or Docks, or further or other Works, Accommodations, and Conveniencies, all or any Part of fuch MefTuages, Tenements, or Hereditaments, which fliall from Time to Time be fo fet out and afcertained as aforefaid ; and where by j. jr the making the faid feveral Cuts or Drains, or ftraightening any of the into fmali Par- prefent Drains or Ditches for conveying fuch Back or Land Waters as fold or*'' t' aforefaid, the Property of any Land Owner or Owners fhall be fepa- thangtd. rated • Lord Yarbo- rough to have cfttain detach- ed Pieces in Excbaoge. ' GeorgeRobert Heneage, Efq; to be the Pur- chafer of a Piece of Wafte Ground ad- joining upon < hia Clofe. ( 28 ) rated into fmallParcels, fo as to render the Occupation thereof incon- venient, it (hall and may be lawful for fiich Bodies Politic, Corporate, and Collegiate, and other fuch Land Owners, to contract for, leil, and difpofe of, or to convey in Exchange in lieu of other Lands, all or any Part of fuch Lands, Tenements, or Hereditaments, through or near which the faid Cuts and Drains fliall be made, enlarged, and llraightened, to the faid Company, or to any Perfon or Ferfons whomfoevcr, for fuch Price or Prices in Money, or otherEquivak-nt, as the faid CommilTioners Ihall adjudge to be reafonable. Sinll be ft further C^ncrtClJ, That immediately upon, and when and fo foon as the Land or Ground Ihall be marked and fct out for ftraighten- ing the faid Haven, and for altering and varying the Courfe and Di- rection thereof, for the Purpofe ol' acquiring -a greater Depth of Water at the Outfall or Mouth of the faid Haven, it Ihall be lawful for thi: Ripht honourable Charles Lord 2'arlforcug/j to have and take fo much ^f the faid Elaven, and the feveral Pieces or Parcels of detached Land lyincr beyond the fame, and extending from thence Eaftwards to the faid new intended Cut or Haven, fo that the faid Charles Lord Tarbcrough may have as an entire and complete a Frontage upon or next to fuch new or varied Part of the Haven, and as free and open a Comr.unica- tion with and to the fame, as he now hath with rcfpeft to the faid Haven in its prefent State, he the faid Cbaries Lord I'arborough giving and granting to the Mayor and Burgefles of Great Grimjhy aforefaid, in Exchange for •all fuch detached Pieces or Parcels of Land and Haven Ground as aforefaid, fo much and fcch Part anii Parcel of the Salt Marfh or Fifty Lsnd of him the faid Charles Lo d Yarborough, as (hall be fettled ji.nd agreed upon by a-nd b-'tween him and the faid Mayor and Burgefles ; or in cafe of the Kefufal of the faid Mayor and Burgefles to make any -fuch Exchange, then in Exchange for lo much and fuch Part of the faid Salt Marlh or Fitty Ground, lying near to and communicating with cer- tain Ground of and belonging to the faid Mayor .nnd BurgefTes, called thtfVffl Marjh, as the CommifTioners, or the Jury to be impannelled in the Manner hereinafter mentioned, fhall allot and fet out, in lieu and Exchanoe of and as a full Compenfation to the faid Mayor and Bur- gefTes for fo much of the faid Haven, and the feveral other Pieces or Parcels of Ground as fliall be fo detached and feparated by the Means and on the Account. aforefaid. ^ntt be it flTrtSer dSnattrtl, That in Confideration that a certain Clofe of Pafture Ground adjoining the Southern Branch of the faid Haven, and belonging to George Robert Heneage, Efquire, will, by Means of en- larging fuch Branch, and making a public Qiiay on the Weft Side thereof, be confiderably reduced, he ihc faid George Robert Heneage Ihall and ( 29 ) •and may piirchafc, and in like Manner ss aforefaid have and take, of ■;ind from the laid Mayor and Burgcfl'es, but neverthelefs at and for fiich and the fame Price or Value per Acre as iTiall be agreed, or otherwife, -and by the Means by this Ait prefcribed, be fet upon and paid by tlie faid Co.npany to the faid George Robert Heneage, for fo much of his faid Clofe as fhall be fo taken by the Rcafon or Means aforefaid; and they the faid Mayor and BurgelVcs arc hereby impowered, direded, and required to make and convc7 to the laid George Robert Heneage, and his Heirs, for fuch Compen- fation, at and after the Rate or Price /:r Acre as aforefaid, all that Piece or Parcel of Ground, containing Half an Acre, or thereabouts, now lying Wafte in the faid Eajl Marjh Common Pafture, and immediately next to and adjoining u^on the faid Clofe, nn or towards the Ead; and upon Payment or Tender by the faid George Robert Her.enge, or his Heirs or Afllgns, or any Perfon or Perfons for or on his or their Behalf, to the Mayor or Chamberlains of the faid Borough, or any of them, of foch Compenfation as aforelaid, the faid Piece or Parcel of Wafte Land, and the Fes Simple and Inheritance thereof flial! from thence- forth be veiled in, and become the Property of the faid George Robert Heneage, and his Heirs and Affigns, freed and for ever difcharged of all Right and Title of Common in, over, or upon the fame, as fully and effcdually as if the faid Mayor and Burgeflcs, or any other Perfon or Perfons having any Interell or Claim in, to, or,i:pon the fame, had actually conveyed the fame. an5 be it further (l£ua£tcl5, That George Temiyfon, Efquire, fhall and GeorpeTennj.- may purchafe, and in like Manner have and take of and from the faid [h"'plir1-hafer* Mayor and Burgeffes, and the faid Mayor and Burgefles are hereby di- oftheCoai reded, required, and impowered to make and convey to him and his Heirs, dlMched*"*"' as well the faid Piece or Parcel of Land or Ground called or known by ^'""• the Name of the Coal Hilly and which fome Years fince, by Means of ftraightening that Part of the faid Haven lying againll the fame, did become the Frontage to the faid Haven when fo altered, to the Exclufion of the then and prefcnt Owner of the Land next adjoining thereto, as fo much of the faid Haven, and other the detached Pieces or Parcels of Land lying beyond and extending from thence Eaftwards to the faid new Cut or Haven, after the fame Pnall be fo ftraightened, altered, and va- ried as aforefaid, fo that the faid George Tentiyfon may have an entire and complete Frontage upon and next to the faid Haven, after, and in all fuch Parts or Places where as aforefaid the fame fhall or may be fo ilraightencd, altered, and varied, oppofite to other the Lands of him the laid George Tetinyfon; the Price or Sum or Sums of Money, v.'hich all fuch detached Pieces or Parcels of Land and Haven Ground fliall be rea- fonably worth, to be afcertaijied, fct, and fixed, in cafe of the Difagree- H ment ( 3° V mem of the Parries, in fuch and the lilie Manner a'i in this A& is men- tioned and prcfcribfd, with refpcft to the Land and Ground to be had and ufed by the laid Company for the Purpolcs of the iaid Undertaking. Con-jiar.y to 3nti InljercaS the faid Mayor and BurgeflVs have agreed to permit j'eaZ"plr'-" ^"'^ fuffcr the iaid Company, in making and enlarging the laid Cuts, c«ii ot'GiounJ Drains, and Ditches, and in enlarging and improving the Navigation of and iiiig^iTe's. the faid i laven, and c<.)nftn)6ting and making fuch other Works and 'J'hings as by this Aft are auihorized to be done, to dig and cut, and to have and ufe certain Land or Ground of or belonging to them the faid Mayor and Bur.o^lTcs, and alio that certain Tolls or Dues herein- after mentioned fhali be abolifhed and exiinguifhed, without requiring any Satisfaction or Compenfation for the fame refpedivcly, ii) as that the Pieces or Parcels of Land or Ground, which in ilraightcning the Courfe and Diredion of a certain Ditch or Creek called Piper Creek, ihall or may be feparated from certain Marfh Ground of and belonging to Elizabeth Lee, Widow, together with fo much of the faid Ditch or Creek as fliall be left on the Lalt Side of any fuch new Cut or Cut?, and next to and adjoining the Ground of and belonging to the faid Mayor and Burgeires, called the JVeJl MarJJj, in cafe fuch Ditch or Creek flir.ll be wanted or required to be fo (Iraightencd, be conveyed and affured by the faid Com- pany to the faid Mayor and Burgeflc.s, and their Succeflbrs and Affigns, fo loon as the fame fhall or may hi puichafed by them of the faid Owner thereof; %t it tljcrcfoue (Enatttti, That the faid Company fliail, and they are hereby authorized and required, for the feveral Confiderations afore- faid, immediately upon and fo foon as the fame fhali be purchafed by them of the faid Owner thereof, to convey and afTiire unto and to the Ufe of the faid Mayor and Burgefles of Great Grimfiy, and their Succef- fors and Affigns, fo much of the faid Ditch or Creek called Piper Creek, and fo much of the Land or Ground of the faid Elizabeth Lee, which, by Means of ftraightening the Courfe and Direftion of the faid Ditch or Creek (in cafe the fame fhall be necellary) fhall be divided and feparated fronn other the Land or Ground of her the faid Elizabeth Lee, and to whom by Reafon of fi:ch Separation and Divifion, a Satisfadtion or Com- penfation fhall be made, or adjudged to bs made by the faid Company. Power given to 33)13 l)E \t flUtBcv dBltaflCtl, That it fliall and may be lawful for the rLconveyand faid Company, or fuch other Perfon or Perfons to whom fuch Convey- ance ihall be made, by any Writing or Writings to be by him, her, or them, fealed and delivered in the Prefcnce of, and attefted by Two or uiore credible WitiiefTes, to fell and difpofe of, or to convey in Exchange all or any Part of fuch Lands, Tenements, or Hereditaments which they may purchafe as aforefaid ; all which Contraifls, Agreements, Sales, Leafcs, nia'-;e Ex c'lianges Deeds to be ( 31 ) Leafes, AfTignments, Conveyances, Alfwrances, and Exchanges, and which fliall be made in the Form Icc forth in the Sclicdtile to this Aft annexed, or in any other Form of Words to thac or the hkc fllFel, ihall be valid and eflcftual in the Law to ail Intents and i'urpofcs vvh-tfoever, any Law, Statute, Ufage, or Cullom to the contrary tijercufin .iny wil'c notwith- Itanding; and all Bodies Politic, Corporate, and Colk^^iate, and all Per- funs whoiiiloever fo conveying or exchanging as aiorefaid, are liereby indemnified for what he, ftir, or they, or any of them fliall rer^;edtively do by virtue of or in purfuance of this Ad; and ;!!1 fuch Contrads, Agreements, Bargains, Sales, Leafes, AfBgnments, Conveyances, Aflur- ances, and Exchanges (other than thoie which concern any Purchafe or Exchange between any fuch refpective Land Owners) fnall be made in \mM^ the Forr.i fet forth in the Schedule to this Ad annexed, or any other Form of Words to that or the like Eftrd, at the Expence of the faid Com- pany, at whofe Expence alio the fan)e (hall be inrolicd by the Clerk of the Peace for the faid Part oi' Lindfey, in the County ot Lincoln, or the Town Clerk of the faid Borough of Great Crimjby, as the Cafe may be, and true Copies thereof fliall be allowed to be good Evidence m all Courts whatfoeveti for which Inrolment, or a Copy there-jf, the Clerk ot the Peace or Town Clerk aforefaid, fiiall have and receive from every Pcrfon or Perfons requiring the fame, the Sum of Six Pence and no more for every Hundred Words, and fo in Proportion for any lefs Number of Words j and every fuch Conveyance or Exchange as afore- faid, which fliall be made to any Perfon or Perfons other than the faid CompanVj fliall be made in the Form .in the faid Schedule fee forth, or any other Form of Words to that or the like Etfecl. SlnD be ft ftiurljec (EnactCtr, That on Payment of fuoh Sum or Sums of lj^jj, i-,,. Money, or givmg fuch Security as the CommifTioners hereby appointed be veiled in fliall approve, for Payment or any luch Annual lient, or letting out Paymentoi- fuch Land in Exchange as fliall have been refpedively contrakiied or J">''"°f 1 ri ■ -1 -1 Piirchale agreed for between the Parties, or determmed and adjulted 6y the faid Msney, Commifiioners, or aflrfl'ed, awarded, and allotted by fuch Juries as ftiall be impannellcd for fuch Puipole, for the Purchafe or Exchange of any fuch Lands, Tenement., or other 1 ^ercditaa;cnts, or as a Recom- pence for the Yearly Produce or Profits thereof, or as a Compenfation for Damages as hereinafter mentioned, to the Proprietor or Proprietors of fuch Lands, Tenements, and Hereditaments, or to fuch other Perfon cr Perfons as fliall be iiuerclled th*;rein, or entitled to receive fuch Money, Rent, or Compenfation refpedively, or legal Tender thereof made to fuch Proprietor or Proprietors, or Pcrf jn or Perfons, or to the principal Oflicr or Officers of any fuch Body Politic, Corporate, or Collegiate ; OS if any Proprietor or Proprietors, or Perfjn or Pcrf'ns fo entitled or interelted, -( 32 ) iincercfted, or any of them cannot be found or afcertainedj or fiiall rcfuTe to accept fuch Money, or the Security for fuch Rents or fucli Land in or by way of Exchange, then upon Payment and Delivery of fuch MofiCy or Securities, cr fetting out of any fuch Land by way of Ex- change as aforcfaid, to fuch Perlbn or Pcrfons as the faid CommifTioners Piiall by Writing under their Hands appoint, for the Ufe of, and to be paidj delivered, or entered on upon Demand, without Fee or Re- ward, to fuch Proprietor or Proprietors, or other Perfon or Perfons, Officer or Officers refpeftivoly as aforefaid, fuch Lands and Grounds, I'enements, and Hereditaments, and the Fee Simple and Inheritance tl'.ercot-, together with the faid Yearly Profits, {hail from thenceforth 'oc vefted in and become the fole and abfolute Property of the faid Company, to and for the Purpofes of this Atft for ever, or of fuch j^erfon or Perfons, and his, her, or their Heirs, who by virtue of this Ad fball be entitled to purchafe and have the fame as aforefaid, as fully and eiTeftu.dly as if every Perfon having any Eltate or Intereft in the PremifTes had actually conveyed the fame; and fuch Payment, Secu- rity, or Tender, and Land fet out in Exchange, fliall not only bar all Right, Title, Intereft, Claim, and Demand of the Perfon or Perfons to whom the fame fhall or ought to have been made, but alfo ftiall extend to, and fhall be deemed and conftrued to bar the Dower of the Wife of every f ich Perfon, and all Eftates Tail, and other Eftates in Reverfion and Remainder of his, her, or their IfTue, and of every other Perfon Siforcpay- ivhomfoevfei' : Provided neverthelefs, that before fuch Payment, Secu- i.am! not to rity or Tender as aforefaid, or fuch Land (hall be fo fet out in Exchange ''^ "'^"'* as aforefaid, it fliall not be lawful for any fuch Perfon or Perfons as aforefaid, for his, her, or their own Ufe, by Reafon of or on the Ac- count hereinbefore mentioned, or for the faid Company, or any Perfon r,a:ing under their Authority refpedively, to have, dig, cut, or ufe the Land or Ground, Hereditaments, or PremifTes of the Perfon or Perfons entitled to fuch Payment or Security for the Purpofe of improving the Navigation of the faid Haven, or any other of the W^orks hereby autliorized to be made. rommlfHoners ^vJH U It fltvtijU Cna£te&, That all Perfons feifed of Freehold or apiiointed.and ^Qp^.^joij Eftatcs of One hundred Pounds per Amum lying in the the vj_iiniinc3- i •> i r t • a c t\ ' ti«n required. County of Lvicoln, and the eldeft Son and Heir Apparent of every Perion feifed of any fuch Eftates within the fame County, of the Yearly Value of Five hundred Pounds, and all Perfons refiding within fuch County having a Perfonal Eftate alone, or a Freehold and Perfonal Eftate to- gether, of the Value of Three thoufand Pounds, fnall be and are hereby appointed CommifTioners, as well for fettling, determining, and r.djufting ail Qvicftions, Difference?, Matters, and Things which fhall or may ( 33 ) may arifc between the faid Company or Committee, and the feveral Owners and Proprietors of and Perlbns interelled in any Lands, Grounds, Tenements, and Hereditaments that fhall or may be affcded or preju- diced by the Execution of any of the Powers hereby granted, as for all and every other the feveral Purpofcs in this A(fl mentioned. 3116 be it ftirtftcc duWCtl, That no Perfon (hall aft as a Commif- fioner in any Cafe in the Execution of this Aft, during the Time of his holding any Place of Profit arifing out of the Rates or Duties to be had or coUefted under or by virtue of this Aft, or of his being a I'roprietor in the faid Haven Navigation, or concerned or interefted in any Contraft or Bargain to b- made for any of the Purpofes of this Aft. or in any Cafe where he (hall be anywife interelted or concerned in the Matter in Qiief- tion •, nor fhall any Perfon aft as a Commiffioner in the Execution of this Aft, until he fliall have taken and fubicribed rhe Oath contained in the Schedule to this Aft annexed, before fome One of the faid Comriifiioners, ■who is hereby authorized and impowered to adminifter the fame, notwith- ftanding fuch Perfon fo qualified as aforefaid to aft as a Commiflloner fliall not then have taken and fubfcribed fuch Oath himfelf ; and if any Perfon by this Aft made incapable of afting as a Commiflloner, fliall neverthelefs prefume to aft as fuch in the Execution of this Aft, every fuch Perfon iball for every fuch Offence f.rfeit the Sum of Fifty Pounds to any Per- ibn who fhtll fue for the fame, to be recovered with full Cofls of Suit hy Aftion at Law in any of His Majefly's Courts of Record at fViJlminJler, and fuch Perfon fo profecuted fliall prove that he is qualified as aforefaid, or otherwife fhall pay the faid Sum of Fifty Pounds, without any other PrO;f or Evidence on the Part of the Profecuior than that luch Perfon hath afted as a Commiflloner in the Execution of this Aft : Provided neverthelefs, that fuch of the faid Commiflioners who are or fliall be in the Commiflion of the Peace for any of the Parts or Divifions in the County of Lincoln, or be Mayor or a Juftice for the Time being of a:d for the Boiough of Great Grimjby, (hall and may, and are hereby authorized and impowered to aft as Juflices of the Peace in the Execution of this Aft, notwithfl:anding their being Comniiinoners. Commiffioners not to aft where intereft- ed, and to take an Oath. Afting unqiM- lified to forfeit Commiflloner* may aft as Jul- tices. Slntlbc it fiirtljer C'liactctl, That upon any Application to be made by commifiioner* the faid Company or Committee, or by any of the Owners or Occupiers "''1" fqui'-sJ of any Grounds, Lands, Tenements, or Hereditaments to be afitct'--d by the faid Undertaking, or any of the Works necefiary or relating thereto, or by or in Execution of any of the Powers hereby given, or by Reafon or Means of the Negleft or Omiflion of the faid Company or Co(n- mittee, or any Officer, or other Perfon employed by or afting under •them, unto the CommilTioners appointed by and for the Purpofes of this Aft, or any Three or more of them, defiring them to appoint a General 1 Meeting by Compary, Coinniittee, cr Owners ot Lands, to hold General Meet- injjs. ( 34 ) ■ Commi/fioners maycallMeet- jngs notwith- ftanding Ad- Journinents. JJolice to be given of their Meetings. Meeiingof the Commifiioners, the Comminioners {o applied to, or any Three or more of them, may and fhall, and they are hereby refpedively authorized and required, within Fourteen Days after fuch Requeft or Application, to give Notice in Manner hereinafter mentioned of a General Meeting, to be holden at fuch Time and Place as fhall be fpeciried in fuch Notice, fuch Notice not being lefs than Fourteen Days, or more than Twenty-one Days from the Day on which fuch Requeft fhall be made to them as aforefaid ; and the faid Commiflioners, or any Three or more of them, are hereby authorized, impowered, and required to meet at the Time and Place fo to be appointed, in order forcarrying this Aft, and the Powers and Authorities hereby given to and vefted in them, into Execution, and fnall then adjourn themfelves, and afterwards meet at any fuch Place as the laid CommilTioners there alTembled at fuch Meeting, or the major Part of them, fiiall think proper and ccnvenient ; and if it fhall happen that Three CommilTioners fhall not appear at any Meeting which fhall be fo appointed to be had or holden, and to adjourn to any other Time, then and from Time to Time, fo often as the Cafe fhall happen, fuch Meeting (hall be deemed adjourned to that Day Three Weeks, to be holden at the fame Place. I&cotidjcli nelicrtl)elcC0, anD be it fuitljcc C^natteO, That it fhall be law- -ful for Three or m^ re of the faid Commifiioners, and they are hereby im- powered, although they fhall not be affembled at a Meeting to be holden by virtue of this Aft, from Time to Time and at all Times, upon any Re- queft made in Manner aforefaid, by Notice in Writing figned by them and publiflied in Manner hereby direfted, to fummon a Meeting of the faid CommifTioners a: fuch Time and Place as fhall be mentioned in fuch Notice, for the fettling and determining of fuch Queftions, Differences, Matters, or Things as are herein direfted to be fettled and determined, notwithftanding any Adjournment or Non-adjournment of the faid Com- mifTioners. ^DroiJltieD altoapSi, That no Meeting of the Commifiioners fhall be good or effeftual for any of the Purpoles of this Aft, unlefs previous Notice of the Time and Place thereof, and the Bufincfs propofed to be done, un- der the Hand of the Clerk for the Time being of the faid CommifTioners, fhall be firfl publifhed in the Lincoln and Stamford News- paper, or foine other News-paper then circulating in the County of Lmiuln, and in fuch other Manner ;:s the faid Conipany fhall at any General Meeting appoint, at leaft Fourteen Days before every fuch intended Meeting of the faid CommifTioners, uniels tht Buhnefs to be tranfafted at any fuch Meeting, of which fuch Notice as aforefaid fhall have been given, fhall not be con- cluded on the Dav mentioned in fuch Notice, in which Cafe the Com- EiiiTioners may from Time to Time adjourn to tlie fucceeding Day, or if fuch ( Z5 ) Tuch Day be Sunday then to the Day following, and in like Manner from Day ro Day, and proceed in fuch Bufinefs until the fame be finifhed, without any Notice to be given of the JMeccings hoJden by any fucii laft- mcntioned Adjournments. and be ft fuitljcr Ci;cactcO, That no Order or Determination, or other Order^:. fc. of Bufinefs, Matter, or I'hing, fhall be made, done, ended, or completed to''be"m.ideby at any Meeting of the faid Commiffioners for any of the Purpofes of this » Majoiity. Aft, unlefs Three or more Ccmmiflioners, or fuch larger Number as herein particularly mentioned fhall be prefent, and the major Part of fuch Commiffioners then prefent fhall refpeiStively concur therein-, and the faid xheirEx- Commiffioners fhall at all fuch Meetings as aforefaid defray their own pences'i Yt« Charges and Expences (other than and except their travelling fixpences to ' "^' * and from Great Grimjby aforefaid, and their reafonable Expence^ during their necef*ary Continuance there) as often as the Bufinefs of or in anvwife relating to the faid Haven Navigation fhall render fuch Meetings and Journies expedient, which Charges and Expences fhall from Time to Time be borne and defrayed by the faid Company out of the Monies to be raifeJ under or by virtue of this Aft. I^CObltJCti al\3)a?S, That every Meeting of the faid Commiffioners, All Meetings and alio of the faid Company and Committee fhall be holden at fome inion WitnciVcs, The VeriKft of ilie Jury ami Commirtioiitrs judgment thereon to be final. Previous No- tice to be gi?en. ( 3^ •) Determina- tions ot C-irr.- sniirioneis anJ \ crrtiets !o be ilcordcU, ■.miffcs in Qu;:rt;cnj or with the Head or principal Officer of any'Body Policic, Corporate, or Collcgiarf, at kaft Fourcccn Days before fuch Enquiry. ant) lie It furrljer (SlUlitcl), Thai all the Determinations of rhe faid Commiffioners, which ihali be fubmitted to and acqjjefced in ai;d by the Parties concerntd, and ahb the faid Judgments and Vcrdifts (being l;r!]: figned by Three of the faid Commiffioners, who fiiall be prelcnc at the mal'.ingof fuch Dctcrminatinn, or taking of fuch Verdicts and pro- nouncing fuch Judgments refpedivcly) {hall he tranfmittcd to and be kept by the Clerk of the Peace tor the Parts of Li nd fey, in the faid County oi Lincoln, or Town Clerk, for the Borough of GreMt Gr/.wyJj afcrcfaid, as the Cafe may be, amongft the Records of the Qiiarter Seffions for the faid Parts and Borough refpeftively, and fliail be deemed to be Records of jhe fa;d Quarter Scffions, to all Inrents and Purpofes; and the fan.e, or true Copies thereof, fliall be allowed to be yocd Evidence in all Courts, and upon all Occafions whatfcever, and all Perfons Ihall have Liberty to infpedl the fame, paying for fuch Infpeftion the Sum of One Shilling, and to take or make Copies or Abftradls thereof, or take Extradls there- from, paying the Sum of Six Pence for every Hundred Words contained in every fuch Copy, Abftra:!, or Excracl, and fo in Proportion for any lefs Number of Words. Vfrdlfts to diHinpjuifh Va- lue of Lands and Damages, ^cotiiticti cilVoaiJ-J, anti ft ijS Ijcrcbp fiirtljci-(£naitct!, That the faid Com- minioners and Juries refpedlively Jhall, in all Determinations, Judgments,, and Verdidts which they fhall refpeftively make and give in Execution of the Powers veiled in them by virtue of this Acl, concerning the Va- lue of Lands and PremifTcs, and Amount of Damages i'uftamed or to be fullained, leparate and diftinguifli the Value of Lands and PremilTes, and the Money aiTcfTed or adjudged for Damages from each other; and the faid CommifT.oncrs are hereby authorized and required to fettle what Shares and Proportions of the Purchafe Money, or Kecompence for Da- mages, which Ihall be fo agreed for by the faid Company, or determined and adjudged by the laid Commiffioners, or affcffcd by the faid Juries, in Manner refpeftively as aforcfaid, (hall be allowed and paid to each Ten- rant or other Perfon, having a particular Eftate, Term, or Interelt in the Premises, for his, her, or their refpedtive Intercfts therein ; all which faid Determinations, Judgments, and Verdids, fliall be final and conclufive to all Intents and Purpofes whatfoever, and fliall not be removed by Certio- rari, or other Procefs whatfoever, into any or His Majeify's Courts of Record at IVeJiminfier, or any other Court, any Law or Statute notwith- Itanding. ^na ( 39 ) ' Slnitt it fUL-tljei- CliactCtl, That the faid Commiffioncrs Hiall not, tior Commmu.:er. fhall any ot tlicm be obliged by virtue of this Act, to receive or take "<>' ""'"eiv..- Notice of any Complaint to be made by any Pcrf.n or Perfons whomfo- ^"coml.Ty"' ever, for any Injury or Damage by him, her, or them iuftained, or fup- S'jrredV." poled to be furtaincd, by any Work. Aft, Matter, or Thing done under ' '^''''" "' or in p-arfuuncc of this A&, unlefs Application hath or fliall have been made in refped thereof, by or on Behalf of fuch Perfon or Perfons, to the faid Company or Committee, or ro the known Agent or Agents of the faid Company, or Collector of the Rates or Duties arifing from the faid Navigauon, within tl.e Space of Six Calendar Months next after the Time that fuch fuppofed Injury or Damage fhall have been fuftained, or the doing or committing thereof Iball have ceafed. ]2t;oW5cU alfo, nnD lie it CcmiCteiJ, That all and every Perfon and Per- Secmity ,o be Cons makmg Complaint, and rcquclting fuch Jury as aforefaid, (hall (he- ?""■" ^"' P'"- fore the faid CommilTicinL-rs fliall be obligt-d to iflue out their Warrant or piam'tsf ^'"" Warrants for the fummoning of fuch Jury) firft enter into Bond, with One or more fuilicient Surety or Sureties, to the Clerk of the laid Com- pany for the Time being, in the Penalty of Fifty Pounds, to profccure fuch his, her, or their Complaint, and to bear and pay the CoPts and Ex- and a-irtr.h- pences of fummoning luch Jury, and taking fuch Inqueft, in cafe a Ver- Expencesft „o dift fhall be given for no more or a lefs Sum or Rent, or Land by way of fn«bet'ir." Exchange, than fhall have been offered by or on the Behalf of the faid Company, or other Pcifon or Perfons, or than had been afTcfTed or fettled by the faid Commiiiioners before the fummoning and returning the faid Jury or Juries, as a Recompencc or Satisfaftion for any Lands, Grounds or Hereditaments, or any luch Damage as aforefaid. SnU be it fllltljcr (l^nartCti, Tha: whenever a Jury is or fhall be called ex e ^ ■ -by the CommifTioners as aforelaid, or any Wirnefs or Witneffcs is or fhall '•^'^^- Minnc. be examined by and before the faid CommifTioners alone, or by and before ^nd^o^'loV the faid Commiflioners and Jury jointly, as hereinbefore direfted, the faid P^'''- CommifTioners fliall, and they are hereby required, according to their Difcrewon, to give and award to each of the faid Jurors and WitnefTes in every fuch Cafe, fuch Sum or Sums of Money as fhall be a reafonable Re- compence for the Expenccs and Trouble of their Journey and Atrendance • and in each and every Cafe, where a Determination or Verdift fhall be made or given for more Money, or for a greater Annual Rent, as a Re- compencc or Satisfaftion for the abfolute Sale of any Lands, Grounds, Hereditaments, or Premifles of any Perfon or Perfons whomfoever, or as a Compenlaiion for any Damages done to fuch Lands or other Premifles, or more Land, or of a greater Value, fliall be awarded in Exchange than had been previoufly offered, mad?, or fct out by or on Behalf of the faid Company, ( 40 ) Company, or fuch other Perfon or Perfons as aforefaid before the Meeting of thefaid CommiiTioners, or than had been by them determined, aflefled, and awarded as aforeraid, or where any Verdift fhall be found for any Damages where the Difpute is for Damages only, and where no Com- penfation had been previoufly clFered or tendered in relpeft thereof by and on Behalf of the faid Company, then and in every fuch Cafe, all the Expence of calling Meetings of fuch Commifiioners fummoning fuch Jury, and taking fuch Inqueil, fliall be fettled in like Manner by the iaid Commifiioners, and defrayed by the /aid Company, but if any Determi- nation or Verdict fhall be given for no more or a Icfs Sum, Rent, or other Compenfation, than had been previoufly offered by or on Behalf of the laid Com.pany, or had been I'o determined or affeffcd by the faid Commif- fioners, or in caie no Damages fliall be given by the Verdifl where the Difpute is for Damages only, or Land of lefs Value fhali be fet out in Exchange, then and^m every fuch Cafe, the Cofts and Expences of calling a Meetmg of ii'ch Commiffioners, I'ummor.ing fuch Jury, and taking fuch Vcrdiils, (hail be fettled in like Manner by the laid Commiffioners, and be borne and paid by the Perfon or Periuns with whom the laid Com- pany, or other Perfon or Perfons fo alio impowered to purchafe or make Exchanges as aforefaid, fhall have fuch Concerns, Controverfies, or Dif- pmc~ i which faid Cofts and Expences having been fo fettled, fhall and may be dedufled out of the Money, or anr fuch Annual Rent or Rents ]o ailelTed, adjudged, and lei tied as axoreiaid, as lo much Money ad- vanced to and for the Uie of fuch Perfon or Perfons, and the Payment or Tender of the Remainder of fuch Sum or Sums of Money, Renter Rents, fhall be deemed and taken, to all Intents and Purpofcs. to be a Pa} ment or Tender of the v. hole Sum or Sums, Rent or Rents fo afTefied, adjudged, and fettled ; and if the Difpute or Controverfy fhall be for Damages only, and no fuch Damages fhall be given or afTelTed by the faid Jury or Com- mifTioners, or if fuch Perfon or Perfons, Bodies Politic, or Corporate, who fhall be fo adjucgcd to bear and pay any fuch Cofls and Expences as aforefaid, fliall not be entitled to have or receive from the faid Company, or other Perfon or Perfons, any Recompence or Satisfaflicn from which the faid Cofts and Expences can bcdedudied, then and in every fuch Cafe, the faid Company fhall and may recover of and from the Perfon or Per- fons making Appeal to the laid CommifTioners or Jury, the Cofts to be afTcffed as aforefaid by fuch CommifTioners, in any of His Majefty's Courts at Wejlmhifter : Provided always, that whenever any Perfon or perfons ihall, by reafon of Abfence or otherwife, have been prevented from treating. One Half of fuch Cofts, Charges, and Expences, (hall be borne and defrayed by the faid Haven Company, and the other Half by fuch other Pe;fon or Perfons as aforefaid. C 41 ) anD lie itfuvtijfi; (JBnaitcli, That if any Siicrifi; Under Sheriff, Coroner, Penalties (foi- or other l-'erlon, licreinbcforc dircdted to adt in tiie I'l.ice of (uch Sheriff, J"='^"J')"" ^''' *"> J^' y» Uiail make Default in the Prcmifcs, every fuch Ferfon Ihall for every and vVimeircs. fuch Offence forfeit the Sumof Twenty Pound- -, and if any Perfon lo fom- mor.ed and returned as aforefaid upon any fuch Jury fii.iJl not attend, or attending fliall refufe to give his Vcrdidt on Oath, or (hall in any Man- ner wilfully negjcd his Duty, or if aay Pcrl'on lb fummoned to give Evi- dence (liall not appear, or appearing fliall refufe to be exaniined upon Oath, or to give Evidence, every fuch Perfon fo offending, hiving no realonable Excr.lc to be allowed of by the laid CommifTioncrs, (hail for every fuch Cjffcnce forfeit and pay any Sum not exceedin;^ Five Pounds, to be refpedively levied and recovered in fuch Manner as hereinafter is mentioned ; and every fuch Penalty which fliai! be paid by or recovered from any Perlon who lliall have been fummoned to give Evidence as afore- laid, fliall go and be paid to the Perfon or Perfons v^ho fliall appear to the faid Conimiirioncrs tobe injured by theDefault.of fu.h VVitnefs. ■Slni l)C iCftiL'ttjCU (fnattct!, That all and every Perfon and Perfons who, Ptfrfops giWng in any Examination to be taken by virtue of this Aft, fliall give falfe '^"''^v'''*"" Evidcnce before the fiid Commiffioners, or before any Juftice or Ju(t:ces ^"'--d- uf the Peace, fliall and may be profecjted for the fame, and upon Con- vidion tlieieof fliall befubjc6l to fuch Punilhment and DifqualiScations, as any Perfon or Perfons can or may be fubjcct to for wiit'ul and corrjpt Perjury by any of the Laws or Statutes of this Realm. be it fuctljer (£na(telJ, That all and every Yearly Rents or Sums, Annual R^nti as (hail be agreed upon or fettled and afcertained as herein mentioned ..■ upon t!ieR lies, to be pa,d and payable by the faid fJavcn Company, ihiU be charged Duet, ;«. and chargeable on the Rates, Dues, or Duties arifing by virtue of this A ^^ Company im- ( 44 ) A£t, and (hall be paid by the faid Company as the fame fhall become due and payable; and in cafe of Non-payment thereof, within Tliircy Days next after the iamc (hall become due, it fhall be lawful for the faid Commiflloners, by Order under their Hands and Seals, to appoint One or more Peribn or Perfons taking fuch Security from him or them as tb.e faid Commifiioners fliall judge iufficicnt, to receive the Rates, Duc'jOr Duties hereby granted and made payable, and to pay the fame to fuch Perfon or Perfons to whom fuch Yearly fve Succefllirs, Executors, Admini- r''«'^'> ilrator?, and Afligns, fliall be deemed a Proprietor for every fuch Share, and fliall have a Vote for each and every fuch Share in every General amitoliavea and Special Meeting to be held as herein appointed for carrying on the ^ouforeack faid Undertaking, and for the Management of th'^ Concerns of the faid Navigation and Company, which Vote may be given by them, him, or her, or by their, h's, or her Proxy, fuch Proxy being duly conllitureii in Manner hereinafter mentioned, and every Vote by fuch Proxy fliall be a<; good and fufficient, to all Intents and Purpofes, as -i fuch Principal had M voted ( 46 ) NoPcrfon to be Proxy for more than lO Shares. voted in Perfon ; and whatfocver Qiiefrion, Election, or Removal of Officers, any, by publifhing the fame in the Lincok and Stamford News- paper, or fome other News-paper circulated in the faid County of LincclHy or in fuch other Manner. as the faid Company fliall at any Ge- neral Alfembly direft or appoint; which Money, v/hen fo called for, fhall be paid into the Flands of the Treafureror Treafurers of the faid Con^pany for the Time being, to be paid and applied in fuch Manner as the faid vJompany, or t -e fai.l Conimittee, fhall from Time to Time appoint and direct, for the Ule of the fiid Undertaking. ( 43 ) No Perfon to lill after Call made, without fiirt paying the fame. 5Inti tt it fu'CtljCC dDtiatteU, That after any fuch Call of Monies fhall have been made as atoiefaid, no Pcrion or Perfons fliull fell or transfer any Share or Shares, which he, fhe, or they fliall then have ia the faid Undertaking, until the Monies called for upon their refpective Share or Shares fo to be fold, (hall have been firfl; paid, or unlcfs the fame ihall at the Time or Times of fucti 1 ransfcr be paid to the Trcafuier of the faid Company, upon the Penalty of forfeiting fuch Share or Shares to the faid Company, in Truft, for the Benefit of the Reft of the faid Proprietors, fuch Forfeiture or Forfeitures neverthelefs to be notified and declared at a General AlTembly in Manner hereinafter diredcd. Calls not com- plied with, the Money may be fued for. Penalty of ^.5 on each Share for Negleft of Payment for Two Months. Shares to be forfeited upon Six Montlis Neglea. No Foifeimre unlefsdeclaied at a General Meetifig. SLn'b lie it fuitljCU CcnaitftJ, That if any Perfon or Perfons who hath or have lubfcribcd or engaged for One or more Part or Parts, Share or Shares of or in the faid Undertaking, fhall negledl or refufe to pay the fame, or his, her, or their rateable or proportionable Part or Parts thereof, or any Arrears of any fuch Call fo heretofore made as aforefaid, at the Time or Times when the fame (hall be fo called for, and appointed to be paid as aforefaid, it (hall be lawful for the faid Company, or the faid Committee, in the Name of the faid Company, tofuefor and recover the fame in any ot His Majtfty's Courts of Record at IVeJltninJler, by Adtion of Debt, or on the Cafe, or by Bill, Suit, or Information^ wherein no Eflbign, Proteftion, or Wager of Law, or more than One Imparlance (hail be al- lowed ; and if fuch rateable Part of any fuch Share or Shares (hall remain unpaid or undifcharged for the Space of Two Calendar Months after the Time fo appointed for Payment thereof as aforefaid, then he, (he, or they fo neglcfting or refufing, (hall forfeit the Sum of Five Pounds for every Hundred Pounds of his, her, or their refpedive Share or Shares, Parts and Interefts in the faid Navigation, Undertaking, and PremilTes ; and in cafe fuch Perfon or Perfons (hall, after Notice, refufe or neglecl to pay his, her, or their rateable or proportionable Part or Share, or Parts or Shares of the faid Money, to be called for after fuch Firft Call as aforefaid, for the Space of Six Calendar Months after; the Time ap- pointed for Payment thereof as aforelaid, then he, flie, or they fo ne- gleffing (hall forfeit all his, her, and their relpedlive Share and Shares, Parts and Interefts in the faid Navigation, Undertaking, and Premiffes, and all the Profit and Benefit thereof; all which Forfeitures fliall go to the Reif of the Proprietors, in Proportion to their refpeftive Intertfbs in the faid Undertaking. ^rOiiiJcIl al\5iai'0, That no Advantage fliall be taken of any Forfehure of any Share or Shares in the faid Navigation and Undertaking, unlefs the fame iT.all be declared to be forfeited at fome General Aflcmbly of the faid Company, who Iliall meet within Six. Calendar Months nex: after ( 49 ) ■after fuch Forfeiture (hall happen to be made; and every fuch Forfeiture fhall be an Indemnification and Dif( harge to and for every l-'roprietor lo forfeiting, againll all Suits, A6lions, or Profecutions whatloevcr, ro be commenced or profecuted for any Breach of Conrraft or other Agreement between fuch Proprietor fo forfeiting, and the Reft of the faid Company of Proprietors, with Regard to carrying on the faid Undertalcing. jantJ be ft fuctijcr OEnartCti, That if any Owner or Owners of any Share or Shares in the laid Undertaking, fliall die before Calls Ihall be made tor the full Sum to be advanced on each Share which he, (he, or they fhall have been polfeffed of or entitled unio, without having made Pro- vifion by Will or othcrwife how fuch Share or Shares Ihali be difpofed of, and the Money paid in upon Calls for the future, then and in fuch Cafe the Executors or Adminiftrators of any fuch Owner or Owners fo dying, and the Truftee or Trullces, Guardian or Guardians of anv Infant, or other Perfon or Perfons whomfoever entitled to the Eltate and EfFeils of fuch deceafed Owner, fliall be indemnified for paying any Sum of Money when called for as aforefaid to complete any fuch Sub- fcription; and if fuch Owner deceafed (hall not have left AfTets fuffi- cient, or in cafe the Executors, Adminiitrators, Truliees, or Guardians, fhall refufe or negledt to anfwer fuch Calls or Payments, the faid Com- pany (hall be, and are hereby impowered, authorized, and required to admit any other Perfon or Perfons to be a Proprietor or Proprietors of the Share and Shares of fuch Owner or Owners deceafed, on Condition that he, (lie, or they fo admitted, do and fliall, on or before fuch Adniif- fion, pay to the Executors or Adminillrators of luch deceafed Owner or Owners, or to the Trultee or Truftecs, Guardian or Guardians of anv Infant or others entitled to his, her, or their Eifefts, the full Sum and Sums of Money which fliall have been by fuch Owner or Owners in his her, or their Lifetime, by virtue of any Call or Calls ur otherwife ad- vanced upon fuch Share or Shares ; and in Default of fuch Calls being anfwered and made good in Manner aforefaid, it (hall be lawful for the faid Company to fell and difpofe of the Share or Shares of fuch deceafed Owner or Owners, and to pay and apply the Money arifing by fuch Sale (after deducing the reafonable Charges occafioncd thereby) to and for the Benefit of the Reprefentativcs of fuch deceafed Owner or Owners. To tit » T)(- charge Co all Suite. Executors, &<:. of Owners of Sliarcs in- demnitied for (atisfying Callt. Company may admit otheii where Owner* ok or Books which (hall be kept by the faid Clerk? for the Entry of Transfers and Sales of Shares in the faid Undertaking-, and' that before any Perfon or Perfons, who Ihall claim any Part or Share of the Pr(;nts of iuch Undertaking, under or by virtue of any Will or Bequeft, or in a Courfc of Adminitlration, fiiall be entitled to- receivd the fame, the faid Will or the Probate Copy thereof, fhall be produced and fliewn to the faid Clerk, or an Affidavit, containing a Copy of fo much of fuch Will as flial! relate to the Difpofition of the Share or Shares of the Teliator, or of the Letters of Adminiftracion, in cafe the Propiietor fhall have died inteftate, fhall be I'd made and fwnrn' to by the Executor or Executors of fuch Will, or by the Adminiftrator or Ad- miniftrators of the Eftate and EfFefts (as the Cafe may happen to bt) or affirmed in cale of fuch Executor or Adminiftrator being a Qiiaker, before a Mafter or Mafter Extraordinary in Chancery, or One of His Majefty's Juftices of the Peace, and Ihall alfo be tranfmitted to the faid Clerk, who Ihall file and enter rhe fame as before direded, and who fhall be paid for every fuch Affidavit and Entry tlic Sum of Two Shil- hnes and no more. 'is" The Miyor gr.tJ U H furtljcu (fnactctl, That it fhall be lawful for the Mayor oTcdriyand and Burgcffes it the To>vn or Borough of Greai Grimjby, and the the Friendly Royal Griitijhy Friendly Society, eftabhlhed at Great Grimjiy afore- enabilViopuI. laid, and they are hereby refpeftively authorized, enabled, and im- «hare Shares. powered. With the Money or Effects belonging to fuch Corpoiation and Society relpcfiivcly, to become Subfcribns to or puichafc Shares in the faid Undertaking, Works, and Piemifl'es, on Account of and fbr the Ufe and Benefit of fuch Corporation and Friendly Society refpec- tively, any Oidinance, Statute, Law, Charter, Grant, or other Matter or ■Mayor or his Thing to the contrary thereof, in any wife notwitnlfanding ; and that it St^waJdof ftall be lawful for the faid Mayor and BurgtfTcs, by the Mayor or his FiRndly s^. Deputy for the Time being, and for the faid Friendly Society^ hy One cit'v to Vote . J J * J foriudiSbaies, of the Stewards thereof for the Tiire being, to reprefent the laid Cor- ■■*'''• 4, poration and Society refpcdively, and to vote to the Extent of i!he Shares which (hall be held by the faid Mayor and Burgefies, and by th« •faid ( 51 ) faid Friendly Society refpedively, at all Meetings which Ihall or may be held by the laid Haven Company. anl) be It furtljcr CEnartcti, That in cafe the faid Sum of Twenty ir/:.io.ooob€ thoul'and Pounds hcrcinbcloie authorized to be raikd, fliull be found' '"''*"'"'• - ^ . , . Coinp.tny may inlufficicnt tor tlic levcrai Purpofes in this Ad mentioned and expreflVd, raue/;. lo.oou then and in foch Cafe it (hail be lawful for the faid Company of Pro- "'°^%7<'"g't prietors, and they are hereby authorized and impowered to raife and hy Ad million contribute amooKft themfelvcs, either rateably and in Proportion to the "f [-^"^Suh- feveral Sums by them refpecftivcly advanced and paid, or by fuch and Cor.nniKee, fo many of them as fhali be willing and deilrous of raifini^ and ad,vanc- I"m'!.b'*lviort- ing the fame, or any Pait or Parts thereof, any further ororher Sum or gage Sums of Money for fuch the Purpofes aforefaid, or any of them, not exceeding the Sum of Ten thoufind Pounds ; and in Default of the Whole, or fo much thereof as fhall be fo neceflarily wanted beiniy fo raifcd, it fhall be lawful for the faid Company to fupply and make good fuch Want or Deficiency by the Admilllon of new Subfcribcrs, and every Sublcriber towards raifing fuch further or other Sum of Mo- ney, (hall Itand mterefted in all the laid Profits and Powers of the faid Navigation, proportionably to the Sum he or Ihe may fiibfcribe there- unto, as generally and ex:enfively, to all Intents and Purpofes, as if fuch further Sum or Sums hereby allowed to be fubfcribed for had origi- nally been Part of the faid Sum of Twenty thoufand Pounds, any Thing herein contained to the contrary thereof in anywife notwithftand- ing; or otherwife, and in Default of the fame, or any Part thereof, be- ing fo ratfed as aforelaid, it fhall be lawful for the faid Committee to borrow and take upon Mortgage at Intereft, not exceeding legal In- lereft, all or any Part of the faid Sum of Ten thoufand Pounds upon the Credit of the faid Navigation, Undertaking, and PremifTes, and the Rates and Duties arifing by virtue of this Act, or any Part thereof, as to them (hall feem C(;nvenient; and they the faid Committee are for that Purpofe hereby fully autiiorized and impowered, under the Common Seal of the faid Company, to mortgage, affign, and make over the faid Haven, Works, and PremilTes, and the Rates and Duties arifing and to anic by virtue ot this Adt,or any Part thereof (the Co(ts ar.d Charges of making fuch AfTignment to be paid out of fuch Rates am! Duties) as a Security for all and every Sum or Sums of Money \!j to be borrowed by them at In- tereft as aforefaid, not exceeding legal Interell, to all and every Pcrfon and Perfons, his, her, or their Truflec or Trultees, who (hail advance the fame, in the Form fet forth in the Schedule hereunto annexed, or in Words to that or the like Efieit ; and all and every Perfon and Perfons, to whom any fuch Mortgage or AHignment fiiall be m ide, fhall be ■ equally entitled to hjs, her, or their Proportion or Proportions of the faid ( 52 ) ■Motgageesiin- powered to affign tlieir Securinec. raiti Rates, Duties, and Prcmifies, according to the refpciflive Som or Sums in any fuch Mortgage or Afijgnment meniioned to be ad- vanced, by him, her, or them, without any Preference by Reafon of Priority of any fuch Security, or on any other Account wharfo- ever, and the Money fo borrowed fhall be applied in fuch Manner as other the Monies to be raifed by virtue of this Aft, are direfted or authorized to be applied, and to no other Ufe, Intent, or Pur- pofe whatfoever; and ail and every Perfon and Perlons to whom any fuch Mortgage or Afilgnment, or Mortgages or Affignments fhall be made as aforelaid, or who fhall be entitled to the Money the;eby fe- cured, may from Time to Time alTign or transfer his, her, or their Right, Title, Intercft, or Benefit to the Principal and Intereft thereby fecured, to any Pcrfun or Perfons whomfoevcr, by fuch Form of AfTign- ment as is fct forth in the Schedule to this Act annexed, or in Words to that or the like EtFeft, and every fuch AlBgnee mjy in like Man- ner, and under the Regulations in this A6t direded and prefcribed, af- fign again, and ib icties quoties; ana it (hall not be in the Po^ver of any Perfon or Ptribns, who fhall have made fuch Transfer or AfTignment, at any Time afterwards to annul, make void, or difcharge the lame, or the original Mortgage, or any Monies thereby fecured, or any Part thereof; and after fuch Entry as hereafter mentioned, every fuch Trans. fer or Aflignment fhall entitle fuch AfUgnee, his, her, or their Succef- fors. Executors, Adniiniflrators, and AfTigns, to the full Benefit of the original Mortgage. 'Mortgagees ^roWtlEU altoapS, That no Perfon to whom any fuch Mortgage, Af- not robe deem- fignment. Or Transfer fhall be made as herein mentioned, fhall be deemed c ropnttors. ^ Proprietor of any Share, or fhall be capable of ading or voting as fuch, either as Principal or Proxy, at any Meeting of the faid Company, for or on Account of his, her, or their having lent and advanced any Sum or Sums of Money on the Credit or Security of any fuch Mortgage, AfTign- ment, or Transfer, under or by virtue of this Ad. inureftof ^"'^ ^^ **^ futttec dEnatttll, That the Interefl of the Money which MongageMo- (hall be ib borrowed by or on Mortgage as aforefaid, fhall be paid to the "a^d!" '''*'''* fevcral Perfons entitled thereto, out of the Principal Monies which ihall be raifed by virtue of this Aft, until fuch Time as the faid Rates fhall become payable, and thence afterwards by and out of fuch Rates and Duties, in Preference to any Tntereft or Dividends due and payable by virtue of this Aft to the faid Company of Proprietors, or any of them, and fhall from Time to Time be fully paid and diicharged, or provided for, before the Yearly or other In;ereft or Dividends due tO ithe faid Proprietors fhall be made, paid, or divided, Sim ( S3 ) anti k it rurrljCL- li'natttll, That all and every Deed, Transfer, Mort- Tnn'/ersand gage, or AmLMi.ncin of any Share, Right, or Intcrelt, of or in the (".id t^^'ZeTby" Navigation, Works, and l^remifles, which fliall have been made in ptir- theClcrk. fuance of the Powers and Dircdions hereby given, (hail, within Thiity Days next at'ier the refpedlive Dates thereof, be produced and fhewn to the Clerk for the Time being to the laid Company, who fliall thereupon make an Entry or Memorial thereof in One or more Book or Books' to be kept for fuch Purpofe, containing the Dates thereof, and the Names of the Parties thereto, and the Sum or Sums borrowed or taken by way of Mortgage, and the Rate of Interefl: to be paid in refpeft thereof, and the faid Clerk (hall be paid the Sum of Two Shillings and Six Pence for every fuch Entry in fuch Book or Books, which (hall and may be perufed gratis at all (eafor.able Times by ail and every Perfon and Perlbns in any- wife interefted tiierein. antlbc (r fttur^CC QKnaicb, That in ConfiJeraticn of the Charges impofitionof and Expenccs the faid Company will incur and fuftain in widening, Toii!;age and deepening, ftraivhtening, and varying the faid Haven, and in making, Tndm'xiti ereding, and providing the feveral Works, Matters, and Things by this Ad authorized to be executed, done, and performed for the Improve- ment and Prefervacion of the Navigation thereof, and alfo in making a Quay or Wharf, and other Convenicncics and Accommodations for the Trade of the faid Port, and in fupporting, maintaining, and keepino- the fame refpedively in Repair for the future, it fiull and may be lawful for the faid Company, and ihcy are hereby authorized and impowered, from Time to Time and at all Times from and after the faid Haven (hall be fo enlarged, varied, and improved, and rendered capable of admitting Ships or other VefTcls to enter into and navigate the fame, to afk, de- mand, recover, and receive for every Goading or other Ship or Vefiel coming into or going out of the faid Haven or Harbour within the Port oi GrmJI/y aforel'aid, and not going to or coming from any Port or Place lying within or adjoining upon the Rivers Humber, Trent ^ or Oufe, or other navigable Rivers or Waters extending dill further within Land, or which fhall unlade or put on Shore, or lade or take on Board any of their Cargo or Freight, or any Goods, Wares, or Merchandize within or from off the faid Haven ; and alfo to afk, demand, recover, and receive for all Goods, Wares, Merchandize, Commodities, or other Things whatfoever, in Rafts or otherwifc, which (hall be brought, carried, or conveyed into or out of the faid Haven in or by any Ship, Sloop, or other VelTel navi- gating the faid Rivers Humbcr, 'Trent, or Otife, or going to or coning from any other River, navigable Canal, Haven, Creek, or ether Water falling into or communicating therewith, or with any or either of them, by Tonnage or otherwife, fuch Sum and Sums of Money, Tolls, Rates, or Duties refpedively, as the faid Company, at any General or Special O General ( 54 ) General Aflembly or Meeting to be held as in and by this Aft is direded, fhall from Time to Time order, direft, and appoint, not exceeding the fe- veral Tolls, Rates, or Duties next hereinafter mentioned; (that is to fay) For every Ship or VelTel coming to or going betweeo the Port of Crim/by, and any Port to the Northward of I'armouth, or any Port to the South- ward of the Holy IJland (not laden with Corn, Grain, or Seeds, or if in Part fo laden, then for the Refidue of the Tonnage of fuch Ship or VefTel) Two Pence per Ton : For every Ship or Veflel coming to or going between the Port oi Grimfhy, and any Port or Place between the North Foreland and Shetland^ on the Eaft Side of England (except and in Manner as laft mentioned) Three 'Pence per Ton : For every Ship or Veflel trading between the faid Port of Grimjhy, and any Port or Place in Great Britain (except all fuch Ports and Places to which the Communication is by Means of the River Humber, or any other River, navigable Canal, or Water falling into or communicating either mediately or immediately with the faid River Humber, and aifo except and in Manner as firft above-mentioned) Six Pence per Ton : For every Ship or Veflel trading between the faid Port of Grimjhy, and any Port or Place in Denmark, Sweden, or Norway, below Eljinore, or any Port or Place in Germany, Holland, Flanders, France, to the Eafl:- ward oiUJhant Inland, the Iflands of Guernfey and Jerfey, Ten Pence per Ton : For every Ship or Vefl"el trading between the faid Port of Grimjby, and any Port or Place in the Baltic Seas, and all other Ports or Places above the Sound, or between the faid Port and any Ifland or Place or Port of Europe, to the Weifward of Ufhant, without the Streights of Gib- raltar, One Shilling and Three Pence per Ton: For every Ship or Veflel trading betv/een the faid Port of Grimjby, and every Port or PUce in the IVeJl Indies, North and South America, Africa, Greenland, or any Place to the Eafl;ward of the North Cape of Norway, all Places within che Streights of Gibraltar, and all Iflands and Places in the Ocean to the Southward of Cape Saint Vincent, not before named, One Shilling and Nine ?encs per Ton : For every Foreign Ship or Veflel coming to <3r going (with Merchandize; from the faid Port o^ Grimjhy, to any of the before-named Po'ts or Places, double the Tonnage, Rate, and Duty above-mentioned, iinlefs fuch Ship or Vefl[cl belongs to and be the fole Property of a Britijh Owner or Owners : For every Ship or Vefl"el failing Coaflways or otherwife, and coming into the faid Haven in Ballafl to be laid up (fuch Ship or Veflel not having made the lafl: preceding Voyage from and out of the faid Port of ( 55 ) oi Grimjhy, and paid Dtiry accordingly upon her Departure from and out of the faiti Haver;, and not being regularly employed in the Trade of the faid Port) for every Ton (Coalting Duty included) the Sum of Six Pence : For every Ship, Sloop, or other VefTel coming into the faid Haven, to prevent being taken by an Enemy, or for the Repair of any Damage fuftained at Sea or ochcrwife, the Rates or Sums following ; (chat is to lay) For every One being Three mafted or Two mafted, and of the Burthen of Two hundred Tons or upwards. Twenty Shillings ; for every One having Two Marts, and of leis Burthen than Two hundred Tons, l-'ificen Shillings ; and for every Veflcl being fingle mafted, Ten Shillings : For every Pack or Sheet of Wool, Woolflocks, Woollen or Bay Yarn, dried Pelts or Speeches, containing Twelve Tods or Three hundred and Thirty-fix Pounds, Four Pence : For every Ton of Stone, Slate, Bricks, Tiles, Bar and other Iron, and Oak Bark, Six Pence : For every Chaldron of Lime, ufually called a Dozen, and confifting of Thirty-two Bafkets, Three Pence : For every Chaldron of Coals, Sleek, Cinders, Culm, Coke, and Charcoal, confifting of Forty-eight Bufhels, Four Pence: For every Ton of Timber, Wood, Deals, Plank, and Battens, and all Kinds of Groceries, One Shilling : For every Quarter of a Chaldron of Corn or Grain, Vetches, and Lin- tels, which (hall be conveyed from or into the faid Haven, to or from any Port or Place within the Kingdom of Great Britain or elfe- where. Two Pence : For every Ton of Linen and Woollen Yarn, Cotton, Flax, and Hemp, manufadured Goods of all Sorts, and of every other Kind of Goods, Wares, or Merchandize, Commodities or Things whatfoever, not before fpecified, the Sum of Six Pence. flntJ, for the better afcertaining the Tonnage, Weight, Meafure, and what to be Quantity of Stone, Timber, Coals, Corn, and other Goods and Things ^cemed a Tost, ' r I Quaiicr, and to be charged with the Payment of fuch Rates and Duties as aforefaij ; ciuMiort. %t t'iS Ijcrcbp CEluiaeO anO SDeclaucli, That Sixteen Cubic Feet of Stone, Ten Yards of Flag Stone, from One Inch and an Half to Three Inches thick, and Ten Yards of lineal Curb Stone, from Three to Eleven Inches wide, and from Five to Seven Inches thick, F"orty F\-f: of Oak, Fifty Feet of Afti, Elm, Fir, Deal, Balk, Poplar, or other Timber, or Wood, not cut into Scantlings, and Thirty Deals and Battens, of Twelve Feet long. Three Inches thick, and from Nine to Twelve Inches in Breadth, fhall, for the Purpofes of this A>5t, be refpeftively deemed, rated, and eftimated as and for One Ton Weight, and Twenty hundred Wci"ht, ( 56 ) Weight, at One hundred and Twelve Pounds per Hundred Weight of Avoirdupoize, (hall be deemed and ePiimiittd as and for One Ton Weight ; and Eight Winchejier Bufhels Iliall be deemed and taken, for the Purpofes of this Aft, to be a Ouarte; or the Fourth Part of a Chal- dron ; and that in all Cafes where there fhall be a Fradion of a Ton, Quarter, or Chaldron, in the Weight or Meafure of lading in any Ship, Sloop, or other Vefiel fo to be navigated in or upon the faid Haven, a Proportion of the faid Rates fhall be demanded and taken by the faid Haven Company for fuch Fraftion, according to the Number of Qiurters of a Ton or Chaldron, or the Fourth Part of a Quarter of Corn con- tained therein; and in all Cafes where there Hiall be a Fraction of a Quarter of a Ton or Chaldron, or of the Fourth Part of a Quarter of Corn in any fuch Weight or Meafure of lading as aforefaid, fuch Fraftion fhall be deemed and confidered as a whole Qiiarter of a Ton or Chaldron, or a Fourth Part or Two Winchejier Bufhels of Corn, and fhall be re- fpedively rated and paid for accordingly. Small Veffels, ^1111 h£ It fllCtljCC (JnactcD, That no Lighter, Boat, or other VefTel ^%f°the flisH pafs through the Lock to be erefted and fixed in the faid Haven Lock without by virtue of this Aft, without the Confcnt of the faid Company, or f.ayiug tor their Clerk in Writing firft had and obtained, unlefi fuch Lighter, Ten Tons. Boat, Or Other VelTel fhall pay a Duty or Rate equal to what would be paid by a VelTel loaded with a Burthen of Ten Tons, unlefs fuch Vef- lel fhall be returning after having gone through the faid Lack with a greater Burtlien than Ten Tons, and paid accordingly. Officers of the ^1X13 6e ft fltrt^er (Cliactetl, That no Ship or o:her Vefiel outward- Cuitonis not to bound, fhall be cleared at the Office of His Majelly's Cuflotns or Sub- &crtin1[e-'' fi'^'^^ °" ^"^'■' outward bound Voyage, by any Officer or Officers of His ceipt producea Majelly's Cufloms of or for the faid Port of Grimjly, without producino- of^Payment cf ^ Receipt i.nder the Hand of the Officer or Perfon impowered to collect the fame, tcftifying the Payment of the Kates and Duties impofed under the Authority of this Atl, or a Certificate to that EfFeft, which Receiptor Certificate fuch Officer or other Perfon is hereby required to give with- out Fee or Reward, upon Pain of Forfeiture of Twenty Pounds, One Moiety tlierecf to the faid Company, and the other Moiety thereof to ihe Mafler or Owner of fuch Ship or VefTel which fhall or renaltyonOf- may be damnified by any fuch Negleft cr Refiifa!; and every Cuf- .«ccrs negicfi- tomcr Or Colle6lor, or their Deputies, who fhal! make or all w any Entries of Cuftoms or Subfidies in any Ship or VefTel before Hich Re- ceipt or Certificate fhill be produced of the Payment of the Sums, Rates, or Duties impolcd by virtue of this Aft, fhall forfeit to the faid Com- pany the like Sum of Twenty Pounds, both which faid Penalries fhall or may be recovered at the Eleftion of the Perfons entitled thereto^ either by MforrefuCng. ( SI ) by Didrefs and Sale of the Offender Goods and Chattels, or by Suit or Acftion with full Cods, in any of His Majefty's Courts of Record at IVe^' minjler, as other :he Penalties hereby impofed are hereby direded to be recovered. 0ntl be it fuvtgcr CBnattcb, That in cafe the faid Sums, Rates, or Duties payable by this Aft, or any Part thtrecf, fhall not, upon the fame being demanded by the Colleftor or other Officer or Perfon appointed in purfur.nce of the Powers hereby given to receive and colleft the fame, be difcharged and paid, then the faid Company fiiall and may fue for and recover the fame, with fuch Colls as afore- faid, by Aflion of Debt, or on the Cafe, in any Court of Record; or fuch Colle£tor, Officer, or other Perfon, with One or more necefTary Affiftants, fhall and may go on Board any fuch Ship or Veflel, in refpedt whereof, or of any Goods, Wares, Merchandize, or Commodities on Board thereof, fuch Rates or Duties are or fbail be due and payable, and take and didrain the fame Ship or VeficI, and all the Tackle, Ap- parel, and Furniture thereunto belonging, or any Part thereof, or all or any Part of fuch Goods, Wares, Merchandize, or Commodities with which fuch Ship or Vefiel fhall be laden, and the fame to detain and keep until Payment fhall be made thereof, arid of all reafonable Charges for fuch Seizure and Diltrefs; and in cafe of any Negledl or De- lay in making fuch Payment for the Space of Three Days after any Dif- trefs fhall be taken as aforefaid, that then it fiiall be lawful for the faid Colleftor or other Officer or Perfon as aforefaid, to fell the faid Diflrel's, and therewith to fatisfy him or themfelves, as well for and concerning the Rate or Duty fo neglecled or delayed to be paid for, and for which fuch Diftrefs fhall have been made and taken, as alfo for his or their reafonable Charge in taking, keeping, and felling fuch Diftrefs, rendering to the Mafter, Commander, or Ov/ner, or other Perfon having the Rule or Command of the Ship or VeiTel of or from which fuch Diftrefs fhall have beenfo made or taken, the Overplus on Demand, if any fuch there fhall be. Power fo fue or rtiftrain on Non-payment of Duties. and I'ubjeA ta a Penalty. anD be it fltrtficr C!;nna£tJ, That if any Mafler, Commander, or Perfonsciud. -other Perfon taking upon himfelf the Command, or appearinj^ to be i'lgPajmem _^ r-o f^ r c c-\ ■ to cominiie Mafter or Commander, or any Owner, radtor, or Lonlignee ot any Ship cnargciMe ■ or Veffel, fhall, at any Time after the Rates and Duties hereby granted fhall become due and payable, elude or avoid, or attempt to elude or avoid the Payment of any fuch Rates and Duties, in any Manner, or by any Method or Means whatfoever, fuch Mafter, Commander, or other Per- .fon aforefaid, fhall forfeit to the laid Company the Sum of Ten P Pounds, Tonnage of Vefiils how to he aUeitained, Sec, •Colleclois,&c. to enter into and admeafuie Ships. Penalty on Waders ob- ftruiling, & ( 58 ) Pounds, and fliall alfo (land charged with and be liable to the Payment. of the faid Rates and Duties which (hall be refpeftively levied and re- covered from fuch Mafler, Commander, or other Perfoii aforefaid, in fiich and the like Manner as Rates and Diuies, Fines and Penalties are here- inafter diredted to be fued for, levied, and recovered. 0nt) be it furtftei* CEnatteii, That the Tonnage of every Ship or other Veilel ufing or reiorting to the faid Haven, (hall from Time to Time and at all Times hereafter, as Occafion fnall or may require, be afcer- tained according to the Rules laid down and prefcribed in and by an Aft palTed in the Twenty-fixth Year of His prefenc Majefty's Reign^ for the further Increafe and Encouragement of Shipping and Naviga- tion, and that the Owner or Mafter of every fuch Ship or Yeffd (hall caufe the true Number of Tons Burthen thereof, and the Name or Names of the Owner or Owners thereof, and the Place to which fuch Veffd fiiall belong, to be painted or defcribed in the Manner prefcribed, and under the like Penalty or Penalties as is or are impofed in and by the laid laft-mentioned Aft, and alfo in and by One other A<5t pa(red in the Thirty- fifth Year of His faid Majefty's Reign, for requiring VelTels of certain Defcriptions ufed on navigable Rivers and on inland Naviga- tions in Great Britain to be regiftered, or One of them, and whether the fame, or either of them, fliall at any Time or Times hereafter be repealed or not, or (hall not continue in Force beyond the Term or Time for which the fame was or were made. SnU, to thelntent that the faid Rates and Duties by this A(5l impofed or authorized to be taken, and which are direfled to be afcertained by the Tonnage of any Ship or Veffel, may be truly afcertained and paid; 2Be ft fUftbiC (EnflCteli, That in cafe the Colkftor of the faid Rates and Duties, or fuch other Perfon or Perfons as fhall be impowered to receive the fame, and the Mafter or other Pcifon having Charge or Command of ^ny Ship or VelTel charged with the faid Rates or Duties, cannot other- wife agree about and adjuft the Tonnage of fuch Ship or VefTel, that then and fo often it ftiall be lawful for the faid Collector, or fuch other Perfon tir Perfons employed under or by Authority of this A(5t, to admeafure any Ship or VelTcl in purfuance of this Aft from Time to Ti.T;e, and at all Times convenient and feafonable to enrer into fuch Ship or VefTel, and to admeafure the fame in Manner as before mentioned ; and if any Mafter, Commander, or other Officer of any Ship or VefTel, or any other Perfon whomfoever, fhall obftruft or hinder any fuch Colieftor or other Perfon as aforefaid in admeafuring any fuch S: ip or Veflcl, for the Purpofc of afcertaininw the Duty due and payable for or in refpeft thereof, every Juch Mafter, Commander, or other Perfon fo offending, fhall for every fuch ( 59 ) fuch Offence forfeit the Sum of Ten Pounds, to be recovered, levied, and difpoled of in Manner herein mentioned. ailD, for the more eai'y, effeflual, and juft Collection of the Rates and Duties hereby granted and direded to be paid for or in refpeft of any Corn or Grain, Vetches, and Lintels, which any Ship, Sloop, or other VelTcl going from, or coming or reforting to the faid f iaven and Port of Crimjhy^ to or from any other Britijh or any Foreign Port or Place, fhall convey, carry, or contain, and alio for and in reipedl of any Goods, Wares, Merchandize, or Commodities which any Raft, Ship, Sloop, or other VefTel going from, or coming or reforting to the faid Haven and Port, to or from any Place through or by Means of the River Humber, or any Creek, navigable Canal, or other Waters communicating with or falling into the fame, fliall contain, carry, or convey; Be it furtfjcc (Btiaactr, That the Mafter, Owner, or Manager of any Raft, Ship, Sloop, or other Veflcl ufing or navigating in or upon the faid Haven, or any Part thereof, fhall give to the Colledor of the faid Rates or Duties, or to any other OfBcer or Perfon appointed by the laid Company for fuch Purpofe, at the Place where he or they fhall on that Account attend, a juft Account in Writing, figned by the Mafter, Owner, or Manager, or other Perfon or Perfons having the Command or Management of fuch Raft, Ship, Sloop, or other VefTel, of the Grofs Quantity or Total Amount of the Goods and other Things, and of their Nature, Sort, or Kind which fuch Raff, Ship, Sloop, or other VefTel as aforefaid fliall contain, or be freighted or laden with ; and in cafe fuch Goods or other Things lliall be liable to the Payment of different Rates or Sums, then fuch Mafter, Owner, or other Perfon (hall fpecify the Quantities of each Sort or Kii.d for which different Rates or Sums have or can be demanded ; and in cafe he or they fliall refufe or negled to give fuch Account, or Jhall refufe to produce his or their Invoice or Bill of Lading to the Offi- cer or Perfon aforefaid demanding the fame, every Perfon fo offending fhall forfeit and pay to the iaid Company, or fuch Perfcn as they fhaU appoint, the ^m of Ten Shillings for every Ton of Goods or other Things, and fo in Proportion for any iefs Quantity than a Ton, which fhall be in or conveyed by fuch Raft, Ship, Sloop, or jther VefTel re- .fpedively, of which or of whofe Lading fuch Account IL II be lo ne- glected or refufed to be given; and in cafe fuch Mafter, Cv/ner, Ma- nager, or other Perfon aforefaid, fhall give cr deliver in a falf'e Account, .that then and in every luch Cafe he or they fhall forfeit and pay to the faid Company, or fuch Perfon as they Ihall appoint, the Sum of Twenty -Shillings on each and every Ton, and fo in Proportion for any Qii^n- tity Iefs than a Ton, which fhall exceed the Number of Tons mentioned ,and contained in fuch Account fo delivered and given in purfuance to the Diredions Miftcrs of Coafting Vef • fcls tcigive an Account of their Lading, Pennltv o» RefuiaU Penalty os giving r,i! Account ( 6o ) Dire£lions of this Ad, over and above the refpeftive Sums, Rates, or Duties the faaie fhall be charged with or liable to pay under or by virtue of this Ad ; and in cafe of Negled, Refufal, or Denial of Payoienr, on Demand made of fuch Forfeiture or Forfeitures before-mentioned, or any Part thereof, to the faid CoUedor, or other Officer or Perfon ap- pointed by the faid Company to colledt the Rates and Duties by this Aft granted, that then and in every fuch Cafe the fame (hall be recovered and levied in fuch Manner, and by fuch and the like Methods, as fuch Rates and Duties are hereby directed and appointed to be recovered and Jevied. ., 2nli be it ftirtfjCU Q^nartCtl, That if any Difference fnall arife between welgh'ld or ° any Colleftor of the faid Rates or Duties, and the Mafter or other meaiored in perfon havinp; the Command, Charge, or Management of any Raft, ferencereipea- Ship, Sloop, ot Other Vcflel, or the Owner of any Goods, Wares, Mer- ing the feme, Q\^2ir.d\ze, Commodities, or other Things, concerning the Weight and Quantity of fuch Goods, Wares, Merchandize, Commodities, or Things, it fhall be lawful for any fuch Colleftor to ftop and detain any fuch Raft, Ship, Sloop, or other Veffel, until the fame {hall be weighed, meafured. If more ap- or gauged, and to weigh, meafure, and gauge, or caufe to be weighed, pears ihan nieafurcd, and gauged, all fuch Goods, Wares, Merchandize, Commodi- ft7h"e Mafter's ties^ or Things as Ihall be therein contained ; and in cafe the fame fhall ciiarge. ^jpQp f^,^;h weighing, meafuring, or gauging, appear to be of greater Weight, Meafure, or Quantity than the Mafter, Owner, or Perfon hav- ing the Government, Care, or Management of the faid Raft, Ship, Sloop, or other VcITel, declared the fame to be, then fuch Mafler or other Perfon aforefaid, fo declaring, fhall pay the Cofts and Charges of ^uch weighing, meafuring, or gauging, and all fiich Cofts and Charges, upon Refuial of Payment thereof upon Demand, (hall and may be re- ^'''rh'^rot^ covered in fuch and the fame Manner as the faid Rates and Diiiies are Ihe Coiieaor, hereby appointed to be recovered ; but if fuch Goods, Wares, Merchan- who IS to ai- ^- Comthodities, or Things fhall appear ro be of the fame or of a tow tor L/a- ' i msgesocca- lefs Weight, iMealure, or Qiiantity than fuch Malt^r cr other Perfon DeumroVof aforefaidlb declared the fame to be, then the faid Colledor fhail bear iheVeffd. and defray the Cofts and Charges of fuch weighing, meafuring, or gauging, and fhali alfo pay to fuch Mafter or other Perfon atorefaid, or to the Owner or Owners of fuch Goods, Wares, Merchandize, Com- modities, or other Tilings, fuch Damages as (hall appear to the Mayor, or other Juftice or Juftices of the Peace afting for the Time being in and for the Borough of Great Grimly, or for the f^arts of Lindfiy aforefaid, in the faid County of Lincoln, upon the Oath of One or more credible Witnefs or VVitnelTes, to have arifen from or in confequence of fuch -Seizure or Detention ; and in Default of Payment thereof, the fame fhall be levied by Diftrefs and Sale of the Goods and Chattels of fuch Colleftor, ( 6i ) by Warrant under the Hand and Seal of fuch Mayor or other [uftice as aforcfaid, rendering the Overplus, if any, lo the Owner of fuch Goods and Chattels; and tlie faid Company or Committee may, if they think fit, out of the Money to be raifed by this A3., reiinburle fuch Colleftor the Monies fo paid by or levied upon him, for or on Account of the Dctcnuan of any fuch Rafc, Ship, Sloop, or other Vcflcl. •ailil be it fitl-t(jec (EnarteU, That there (hall be paid to the faid Com- wiiarfageDu. pany, or to the Coljeiftoror other Pcrfon whom they Ihall appoint to dc- '""*' "^ ''*"*• mand, receive, and recover the fame, over and alwvc tiie Rates and Do. ties hereinbefore granted and autiiorizcd to be taken, and in fuch and the fame Manner as fuch Rates and Ducies are hereby direfted and appointed to be paid and recovered, fuch Sum per Ton orotherwife as the faid Com- pany fhall from Tinie to Time fi;c and appoint, not exceedi:ig One Moiety of the Sum or Rate of Wharfage now had and taken within the Port of London, for all and every the Goods, Wares, Merchandizes, Commodities, or other Things which fhall be landed or difcharged upon any of the public Quays or Wharfs of the faid Port of Grimjby, and which are hereby authorized and dircded to be made and erected, repaired, and amended, and rendered more commodious and convenient by the faid Haven Company. ainti lie {t fui'tljer C^uatteO, That if any Perfon or Perfons, who Ihall Good, to h< have landed or caufed to be landed and laid on any of the faid Quays or ,h Q^ays™* Wharfs, or in any of the adjacent Streets, Roads, or Avenues, any Tim- ^i'ii." * ' ■""• . , cdXiine* ber, Wood, Iron, Stones, Coals, Bricks, Tiles, Slate, Lead, Lime, Dung, Manure, or any other Goods or Things of any Nature or Kind foever (other than Materials for the necefiary Ufe or Repair of the faid Quays or Wharfs, Haven, or any of the Works therein or thereto belonging) ihall not convey or remove the fame, and every of them, and every Fart thereof, from off" fuch Quays or Wharfs, or from or out of fuch Streets, Roads, or Avenues, within the Space of Forty-eight Hours next after the fame fliall have been fo landed or laid thereon or therein refpeftively (unlefs a Sunday fliall intervene, in which Cafe Twenty-four Hours longer fhall be allowed) it fhall and may be lawful for the faid Haven Mafter for the if not to be Time being, or his AGiltants, and he and they are hereby required to T^n'MlftTr ^mi remove or caufe the lame to be removed to fome Place Or Places lietnined umii of Safety, and therein to detain and keep the fame until Payment fhall be and Foifci'ture made as well of the Charges of fuch Removal and Detention, as of fuch '"<;>'"edbe Forfeiture to the faid Haven Mailer and his Adiftants for their Trouble in and about the fame, as the faid Committee ihail by any Bye Law, Rule, or Order afcertain and cftablifh ; and if fuch Charges and Forfeitures fljall if not paid ^ot be paid within the Space of Five Days after Demand made thereof p'3''^Good's to O bv be apprailcd and luld. C 62 ) Ratfs and Du- ties may be leafed. ;Exeinption Dues of Vef- fek ill His Ma- jefty's Service, or conveying Stores, &c. lor the public Service; ^cf Articles of Manure and ^Materials for Kepair.of >KoadSi by the faid Haven Maft^r or his Affiftants, then and in every fuch Ca(e fuch Haven Mailer is hereby authorized and required co caufe the faid Goods and Chattels fo refpedtivcly fecurcd, or a fufEcient Part thereof, to be appraiftrd and fold for Payment of the faid Charges and For- feiture, and all other Expences relative thereto, and to the faid Appraife- ment and Sale. Sfnl) be it furtfjtr dcnattcU, That it (hall be lawful for the faid Com- pany, and they are hereby authorized and impowered, at any of their General Affemblies, by Writing under their Common Seal, at any Time or Times to let or demife the fai(J Haven, and Wharfage Rates and Duties by this Aft granted, or cither of them, from Year to Year, or for any Term not exceeding Three Years at any One Time, for the highetl or bell Rent or Rents that can or may be had or gotten for the fame, either by public Bidding or otherwifc, provided that Twenty-one Days previous Notice of the Intention of the faid Company to leafe or demife the faid Rates and Duties, or either of them, and of the Meeting to be held for that Purpofe, be publicly given in fuch or the fame Manner as hereinbefore is mentioned, and every fuch Leflee, and his Servants or Agents fliall have the fame Powers and Authorities for afcertaining and receiving the faid Rates or Duties, as are hereby given to the faid Company and the Perfons employed by them. PrOiiiSSEi) alVoapg, ana ht it furtfiCV (I&UaitCtl, That nothing in this Aft contained Iball extend to charge any of His Majefty's Ships of War, or other Ships or Veffels employed in or upon His Majefty's Ciiltoms, Excife, or Naval Service, or in the Conveyance of any Officers or Soldiers, or any Horfes, Arms, Ammunition, or Baggage to them, or any of them belonging, or of any Timber, Stores, or Things purchafed, provided, or belonging to His Majefty's Naval or Military Service, the Perfon or Per- fons having the Care or Condudb of fuch Timber, Stores, or other Things, producing a Certificate to that Purport orEfi'ed: from the Navy Board or Board of Ordnance-, nor to charge any Lime, or other Article, Compofi- tion. Matter, or Thing whatfoever, to be ufed iolely and for the only Pur- pofe of manuring any Land or Ground, or any Cobbles, Stones, or other Materials for the making or Repair of any Road, Street, or Caufeway j and alfo not to charge more than One Moiety or Half Part of the Rates and Duties which fhall be then payable for or in refped of any Ship or Veflcl coming into that Part of the faid Haven as is below the Lock, or for or in refpeft of any Goods, Ware?, or Merchandize with which any fuch Ship or other Vtffel fhall be ireightcd, when and at all fuch Time and Times there (hall not be good and fufficient Room and Accommo- dation for every fuch Ship or other Veflel to lie, be moored, or deliver her ( 63 ) her Cargo in the^npper or that Part of the Paid Haven as is above the Lock, or in any Dock or Docks which fluil or may at any Time or Tidies hereafter be m:ide under or by Authority of this Act ; and if any Perfon flial! claim or take the Benefit of any Exemption as af^re- faid without btring entitled thereto, every fuch Perfon fliail fur every fuch OiFcnce fjricit and pay the Sum of i-'ive Pounds. ^rot)itJC5 alfo, anti be it furtftcr (i;!!;^^, That the Tonnage, Rates, p^,,!^ ,„ y,^ or Duties charged by this Aft, on all Ships or Veflcls coming into or go- v-"^ -ponKn- ing from the faid Haven, from or to any Foreign Port or Place, fliall be (.'leaia'i.ce * paid at the Time of every fuch Ship or Vcflel's b.ntry Inwards or Clearance ^^'«*'"'Js. |>"t . . ■' only Once lur Outwards -, or in cafe any fuch Ship or Vcflcl (hail not enter as aforefaid tiic ian.c Voy- at the Cuftom Houle in or belonging to the faid Port, then at any Time ^''*''* before fuch Ship or Veifcl fhall proceed from out of the Haven and Port aforefaid; but that nothing herein contained ihail extend, or be conftrued to extend to make any fuch Ship or Vcfiel fo failing to or from any Fcrt-ign Porter Place, fubjeft or liable to the Payment of the faid Rates or Duties, or any of them, more than Once for the fame Vovacre from or to any fuch Foreign Fort or Place, notwithftanding fuch Ship or Vcflcl may go out and return with a Cargo or Loading of Goods or Merchandize; nor to make any Goods, Wares, Merchandize, Com mo- GooiUfor dities, or other Things, vvhich (hall have been brought into the fc;id Haven wiiichtheDuty by any Ship, Sloop, or other Velfel, and for which the Rates and Duties paid nottob^e" charged thereon fhall have been paid, fubjed or liable to any further ■'a*'.- 'oDuty 323in when rC" or other Charge, Sum, or Sums of Money, Rates, or Duties upon the fr.ijjped. fame Goods, Wares, Merchandize, Commodities, or other Things beinif taken away or from thence in or by the fame, or any other Ship, Sloop, or Velfel whatfoever, and whether they, or any of them, or any Part or Parts thereof refpedtivcly, fhall have been landed or put on Shore or not. Sin'a be ft flirtljCC (fnaaetl, That the faid Rates or Duties of Ton- Certain Parts nage on Ships or VelTds as aforefaid (except only fuch Ships or VefPels pl'^ RTr«"to as Ihall pafs Coaftwile, and be called coafting VefTcls) fnail be deemed beal!owe;i Uy and taken to be a Port Charge, and on producing a proper Acquittance lo'.i^eMaiUr'. for the Receipt thereof. Two Third Parts thereof Ihall be repaid to the Mafter or Owner of every fuch Ship or VelTcl by the Mc-rchaiit or Freightor, Merchants or Freighters, or by his or their Agent or Agents, or by the Shipper or Shippers, Receiver or Receivers of fuch Goods as may be taken on Board of any fuch Ship or Velicl liable to the faid Rates or Duties of Tonnage, in cafe fuch Ship or Vcflcl hath a complete loading, but if not then only fuch Part, and fo much of the faid. Two Third Parts as the Tonnage of the Goods on Board bears in Propoition to ( 64 ) to the faid Ship's complete Loading •, and in cafe of Refufal lb repay fuch Rates or Duties, or any I'arc thereof, the fame fliaJl and may be recovered by Adtion at Law as in other Cafes of Debt. Duties to he ^nj) ])£ It ftlL'tljCL' Q^ltflltctl, That all and every the faid Rates or Duties Faii/hRates, hereby granted and authorized to be coliedted, had, and received, (hall cVc. when lefs clurin" lo lono; Time as the fame fiiall not afford a Dividend to the faid than / ^ p:r ^ ^. Cent.Oiviuend fcveral Subfcribcrs of Five Pounds per Centum per Annum, be exempted 'spa"!; fiom the Payment of all and every Tax, Rate, Afleffment, or Impofuion whatfocver, any Law or Statute to the contrary thereof notwithftanding; biitLand and but that all and every the Lands and Grounds, Warehoufes, and other longin'^°to the Buildings (except the faid Lock or Watch Houfe with its Appurtenances) Company to which fiiall belong to or be in the Occupation of the faid Company, lliall and may from Time to Time br rated to all Parliamentary and Parochial Taxes and AfTeflments, or the faid Company in refpefl thereof, ir. the fame Proportion as other Lands, Grounds, and Buildings lying near the fame, or in the fame Parifli, and as the fame Lands, Grounds, and Buildings fo belongmg to or cccipied by the faid Company, uould be rateable in cafe the fame were the Property of Individuals in their natural Capacity. Grimfty Cor- ^1^'' totjCCCajS the Mayor and Burgefles of the Town and Borough of poration Tolls Creat Grimfby aforcfaid, and the Bailiffs of the faid Borough, are refpec- guiftied. lively entitled by Prelcription or otherwile to certain 1 oils upon or for or in refpecl of certain Goods, Wares, and Merchandize brought into, car- ried out of, or fold within the faid Town and Borough, and upon the Waggons, Carts, or Carriages conveying certain other Goods, Wares, or Merchandize, and alfo to certain Dues upon VefTels coming into the laid Llaven, by way of and in refpeft of Anchorage and Moorage j and as the Exaftion or infilling in future upon the Payment of fuch Tolls or Dues may be prejudicial to the faid Haven Navigation, and to th further Increaie of the Trade and Commerce of the faid Town, the faid Mayor andBurgefies inConfideration thereof, and of the great Advantage the Enlargement and Improvement of the faid Haven will be to their Property and to the faid Town, have agreed that all and every fuch Tolls and Dues as aforefaitl Pnall be aboliOied and extinguifhed, and in Lieu and Stead thereof, or of fo much thereof as the faid Bailiffs arc entitled to, and are new in the Receipt of, ar.d alfo in lieu of their Moiety of the Fines or Money cuPcomarily paid upon the Admiffions of Perfons claiming the Freedom of the faid Borovigh, and called Burgefs Money (the Whole of which Fines or Burgefs Money is to be from thenceforward received by the faid Mayor and EurgeiTcs) have confented and agreed to pay to the faid Bailiffs for the Time being, the full and clear Yearly Sum of Twenty-five Pounds, and alfo to ^akegood fuch Deficiency in their Annual Fee Farm Rent, as is occa- fioned e ( ^5 ) ■fioned by Allowance of Land Tax thrreout, and which faid Annual Pay- ments it hath alio been agreed fliall be a Charge upon the Lands and Grounds of the f-id Mayor and Burgcllcs, and fhall or may, on Non- payn:ent thereof, or of cither oi ihcm, or any Part thereof, bedillrained tor in fuch and the fame Manner as Rents are authorized by Law to be reco-cred by U.ftrefs and Sale; 25c it tl)Crefor£ Cua.tCtl, That ima-.e- diately upon and ib Ibon as any ct the Kates and Duties by this Act .grantifd and authorized to betaken AkiII be demanded, colleded, and re reived, it fliall not be lawful for the laid Mayor and BurgeflTrs of the faid Town and Borough of Great Griw/jy, or the Bailiffs thereof, or any .Oihcr the Officers or Members of th; laid Borough, or any other Pcrfon or IVrl'or.s in Trull for them, or for their lile, or on their Behalf or -Account, to demand, claim, collci^t, or receive any Toll or Tolls, Dues ■or Duties, or any Sum or Sums of Money, by way of or in the Nature of a Toll or Dues tor or in Reipccl or on /\ccount of any Goods, Wares, •or Merchandizes whatlbever, which fhail from Time to Time, and at any Time then afterwards be brought into or carried out of the faid Town and Borough, or bought or fold therein, or any Waggon, Cart, or other • Carriage in which any Goods, Wares, or Merchandize may be fo con- veyed, or for or in Refpecl: of any Ship, Sloop, or Veflel coming into the ■faid Haven, or the Cargo or Freight thereof; but all and every fuch , Toll and Tolls, Dues and Duties of and belonging to the f^id Mayor, -Baihlrs and Burgeifes reipeclively, (hail from thenceforth ceaf= and be for •ever afterwards abclifhed and txtind, any prefcriptive Right, Charter, ;-Ufage, or Cullom to the contrary thereof in any wife notwithfiariding. Slntl toljcrcacE the Right honourable Charles Lord Tarborcugh is enti- LordYarbo- -t!ed to receive of and from, or for or iii Refpefl of every Ship, Sloop, or roughs Bea- other Veffel, coming into the faid Haven of Great Grimjhy, by way of ube^extin-* -Btaconage Dues, certain Payments or Sums of Money, and certain fpe- tuififii- cific Parts and Proportions of the Cargoes with which fuch Ships or ■other Vcifels are freighted or hden ; and as the Abolition and Excinc- .tion of fuch Dues will be for the future greatly advantageous to the faid Company and th: Pubhc, the faid Charles Lord Tarborou^h hath con- sented and agreed, and is willing and defirous that fuch Payments or BearonAge Does (liall ceafe aid be no longer paid or payable, in Confidcr- aiion of and upon an adequate Price or Recompence by way of Annual Rent, to be charged upon the faid Rates and paid by the faid Company, wh ) are hereby authorized and impowered to treat for and purch ifc the -fame, as (hall be agreed upon between the faid Company and the laid Charles Lord Tarborough ; or in cafe of their Difagreement upori fuch Recom- pence or Satisfadfion for the fame being paid to him by wav of Rent as sforefaid, as the faid CommifTioners, or a Jury to be impannelied in fuch .Cafe and Manner as hereinafter direclid, Ihall think rcafo.iabic and pro- R pel- ( 66 ) per; 23e It therefore dBnactClJ, That the faid Charks Lord yarlorough fliall, and he is hereby authorized and required, ior and in Confuierr-uon of Inch Annual Rent to be fo agreed upon or fettled as aforefaid, to convey and affure to the faid Company the faid Beaconage Due?, in order and for the only Purpofc that the fame may be fully and abiolutely abolifhed and extingui(hcd ; and upon fuch Annua! Rent or Payment be- ing agreed upon, or otherwife fettled as a Compenfation in lieu thereof, he the faid Charles Lord Tarborcugh, or his Afligns, during his Life, nor any Ptifon or Perfons atter his Deceaie, who o:herwife would be entitled to the fame, nor the faid Company, or any Perfon or Perfons for them, fliall not, at any Time or Times after the Rates or Duties by this Adt audiorizcd to be had and receivL-d fliall be coliedled and taken, be enti- tled to claiin, demand, colleft, or receive, by way of or in the Name or Nature of Beacon;>ge Dues or otherwife, any Sum or Sums of Money, or any Goods, Articles, Wares, or Merchandize of and from ar.y Ship, Sloop, or other VclTel coming into the fa.d Haven -, but all fuch Dues. Paypotnts, and Demands Aall from thenceforth ccafe and be for ever ex- tinguiflied, and no longer paid or payable, any prefcriptive Right, Char- ter, Ufage, urCuftcrTi, Will, or Settlrment, or any other Matter or Thing whatfocver to the contrary thereof in anywife notwithftar.ding. . aul! be it fuvtijer GnaflCtJ, That the laid Committee at any Meeting, and when and \o often as they ihall iec Occafion, fnall, and they arc here- by required to afcertain, fee down, and fix the Rates and Prices to be paid and payable for the carrying and conveying of any Goods, Wares, or Merchandize, and of Wood, Stone, Iron, and all other Matters and Things from the faid feveral Quays or Wharfs to any Part or Parts of the faid Parifn of Great Grimflrv, or from any fuch Part or Parts to the iaid Quays or Wharfs in, upon, or by any Horfe, Waggon, Cart, Dray, Trucic, Siedne, or other Carriage, according to the Diitances which the fame Ihall be carried, and alfo for the loading or unloading tliereof re- fpedlively, in al! fuch Cafes where the fame (hall be done or performed bv tr.e faid Carrier, or his Afiiftant or Alfidants, as the faid Committee at any of their Meetings fliall think reafonable and proper; a Table of which faid Rates and Prices lliall from Time to Time be written or printed in large Characters, and affixed upon fuch Quays or Wharfs, and alio in fome confpicuous Place or Places within the Town of Great Gr?>;?/^7 aforefaid ; and the faid Committee (hall have Power to impofe fuch Penalties on Perfons taking any other Rates or Prices than as afore- faid as thfv fhall think proper, not exceeding Three Pounds on any One Perfon for One Ofxcticc. Company ta ^^13 ^ fg Ijfrttip ftirtljer (l!;nactfti, That the faid Company (hall and may, ve^Mafterf '■ at any General or Special Affembly or Meeting hereby direfted or autho- &c. rized Rates for CiT- riage of Goods from tbeQiiays 10 tlie Towp, and vice vei fa, to be fixed by Cominiitee. ( 67 ) rized to be lield, when anu fij often as they fiiall fee Occafion, to nominate and appoint, by Writing under t/ieir Seal, a proper Perfon to be Haven Mjftcr, togctlicr with One or more proper Afri(tants,who (hail have full i'cwer and Authority to dircfit the maorinc faid Cumntittcc, to open the Lock Doors, or draw up the Sluices tlie.eof fur the Dilcharge of the upper or impounded Water, a? well for &e Prevcntion'^of tiie low Lands and Grounds being flooded as hereinbefore mfntioncd, as the bctttr lo fcour out, cleanle, and keep open that Part of the faid Haven lymg below '■ r betv/een the faid Lock and the River -Hitmbcr, and for prevtiumg the fame from being warped or fikcd up by Means ct the Tide ilo«.ving into and over the fame, fo as Notice be given by the Haven Malfer to the Mailers or other Perfons having the Care ot the Velfels lying within the faid Haven, of fuch Intention of opening the laid Lock Gates or draining off the faid im- j.ounded Water more than Two Fecc in depth at any one Timie, Twelve Hours at lealt before the fame be done, imdcr the Penal y of Ten Pounds, to be recovered in the Manner herein diredcd. £[na be it flicrjjtr (£na.ct£ll, That the faid Company Ihall and may, in the Company t» Manner aforelaid, from Time to Tin.e appoint fuch Colleftor or Col- f,Xr"and^°'' ledlors of the Rates and Duties hereby granted or authorized to be col- Ticafurcr. Icded and received, and alfo fuch Treafurer or Treafurers as they (hall think fit to employ in the Execution of this A:T:; and fuch Colleftors and Treafurers (hall give Security for ihe due Execution of their refpeclive Offices, to the Satisfaction of tliC faid Company or Committee, and fuch Colledor and Colirdlors, and all other Perfons who fhall receive any Money under or by virtue of this Adt, fliall from Time to Time pay over all and every the Sum and Sums of Money, which fuch CoUeflor or CoUcdtors, or other Perfon or Perfons (hall receive by virtue of this A(S, into the, Hands of the fa:d Treafurer or '1 reafurers, or of fuch other Perfon orpertons,at luch Times and in fuch Manner as the faid Company Ihall direfl or appoint; and no fuch Treafurer or Treafurers, or other Perfon or Perfons, fliall iiTue any Sum or Sums of Money for the Ufe of or on Account of the laid Company, without an Order figned by a Majority of the Committee prefcnt at any Mreting •, and the Treafurer or Treafurers fliail be allowed all his or their Expcncts in the Execution of his or their Oftice. Sinn l)C (t fufttjCL* CnattCti, That the f lid Treafurers, Colle(5lors, and T-^rurT, other Officers, Ihall fairly enter in the Books to be by them rcfpedlively ,o°i<.'ep'^A«- * kept COUlllt. ( 63 ) 'kept for that Porpofe, an Account of all Monies by them refpeftively received and difburled, ipecitying the Times when, and the Perfons from and to whom fuch Monies were relpedtivcly received and paid, and for what Purpofes; which Books, or true Diiplicatts thereof, refpcdtivejy figned by the faid Trealurers, CoHecflors, or other Officers, together wi;h the Vouchers for tuch Expenditures, and alfo all Books and Papers in their Cuftody refpe(5lively, relating to the Exfcution of this A&:, fliall be delivered to the Committee for the Time being, for the Ule and Inlpeftion of the faid Company, Once at lead in every Year, and from Time to Time as often as the faid Company or the faid Committee. Ihall require the lame. Companv or Committee Hiay fuminon Tieafurcr, Colle^lor, &c. Officers refu- Cngtoaccouiit, tlieir Gttodj may be dil- trained. For Want of Diftrefs maybe eommiucU. anD be it fllCtljeC CEnartell, That the faid Company or the faid Com- mittee fliall and may refpedtively, at foch Time or Times as they (hall think proper, fjmmon before them, and if they think fit examine or caufe to be examined upon Oach (uhich Oath any One of the faid Com- pany or Commitrte is and are hereby impowered to adminiittr) the faid Tieafuicrs, Collectors, ar^d otii be it furtDtl" ClJuaxtCti, That if in any One Year fubfequent to the pairing of this Aft, the feveral Rates or Duties to be taken bv vir- tue thereof, after paying and fatisfying all necfflary Expences attendma the Execution of this Ad, and the maintaining, fuppircing, and prc- ferving the Navigation of the faid Haven, and all the Works, Buildino=: and Ercftions therero refpeftive'y belonging, and paying and fatisfyino- all fuch Rents, or other Annual Payments, or Sum or Sums of Money with which fuch Rates or Duties fliall or may be charged or fubjeft to fhall produce or raile any larger Sum or Sums of Money than Ihall be fufficient to make a Diftribution amongft the laid Proprietors of the laid Haven Navigation of Ten Pounds per Cefienm, upon the Principal Sum or Sums of Money which fliall have been bona fide raifed and ex- pended for thePurpofes of improving and prcferving the Navigation or the faid Haven, and Hiall be then due and owing thereon, 01 on tne Isc- curity thereof, then and from thenceforth tlie feveral iVoprietors, their Executors, Adminiftrators, or Affigns, fliall be paid with and out of the Excefs or Surplus above fuch Sum or Sums, LitercR for their faid Principal Monies, at and after the Rate of 'i tn Pounds per Ceri' .JumJ>er Annum, from the Time fuch Sums fnall have been rclpeftivcly advanced. The SurpUii ot Taxes after paying Ten per Cent, to be applied in Dilcharge of Arrear of In- tc:e(l,andthea to be pUc;d out at liilcre:U ( 72 ) advanced, to the Time of the Completion of the faid Undertaking, or of any of the Rates or Duties hereby atuhonzcd to be had and taken, being collcriRcd and received in rcfpeft thereof, and for which no Divi- dend or Incerefl: (hall have been paid or received, rateably and in proper- tion to the feveral Sum or Sums by fuch Perfon and Perlons fo fub- Icnbed, and bona fide paid and advanced as aforefaid, without any Pre- ference or Partiality for or on any Account or Pretence whatfoeverj and when and fo foon as all the Arrears of fuch Intereft (hall have been fully paid and faiisfied by and out of fuch Excels or Surplus, fuch Excels or Surplus (hall from Time to Time, as the fame (hall afterwards ac- cumulate and arife, be placed out by the faid Committee on Govern- ment or other fufficient Securities, until fuch Excefs or Surplus fhall amount to the Sum of Two thoufand Pounds, and which fhall be applied in making good any Deficiencies that may have happened fubfcquent to any fuch Inveftment ; and in Cafes of any Dem.olition of any of the Works of the faid Navigation, or other inevitable Accident, the fame (hall and may be employed in the Repair of, and making good the fame j the Intereft of all and every (uch Surplus Monies (hall from Time to Time be applied for the fame Purpolcs, as the leveral Rates or Duties to be taken by virtue of this Act are hereby direded to be applied and dilpofed of. Company to employ Sur- plus Money in making tur- ther Works. nuU be it fltVtJjtr ClWflCi), That upon the faid Sum of Two thoufand Pounds Surplus Money being invefted at Intereft as aforefaid, and all fuch Deficiencies, Arrears, and Payments as aforefaid having been fatis- fied, paid, and dilcharged, it Ihall be jawfui for the faid Company, and thev arc hereby autiiorized and required from Time to Time, and at all 1 imes whenever Need or Occafion fhall require, but neverthelefs at Ibme General AfTembly or Meeting, of which Twenty-one Days pre- vious Notice, fpecifying the Intent or Occafion thereof, fliall at lead have been oiven in fuch and the like Manner as hereinbefore is direded, to apply and diijofe of all, or fo much and fuch Part of the faid Surplus Money as the fame (hall from Time to Time accumulate or arife, in n-aking luch Dock or Docks, Bafon or Bafons, Jetties, Piers, or other Works, Accomn>odations, and Conveniences, as the increafed Trade and Commerce of the faid fort of Crimjly may from Time to Time call for and require, but without Prejudice ncverthelels to the laid Sum of Two ihoufund Pounas, and lb as no fuch Surplus Money be fo applied or dilpoled of at any Tune or Times when lefs than the laid Sum of Two thoufand Pounds fhdll remain invefted at Intereft, to anfwer the Deficiencies and Contingencies aibrefaid. Comj-any ena- ^j^jj^ ^^ j-y(,|^ further and additional Works and Conveniencies as afore^ int iui'thJr faid, may the more readily be obtained, and with much greater Facility be Muncy'oVS done and executed, if on the Credit or Security of fuch Surplus or Credit ol the Surplus. Excefs ( n ) Excefs of Revenue, Power were given to borrow and take up at Int'.Tcil fuch Sum or Sums of Money as may be adequate to fuch Icvcral and further Purpofes as aforcfaid, or any of them j jiioVo tt)CCCfoi'e, in order to enable the faid Haven Company to make and carry into iixccuiiou fuch further and additional Works and Conveniencits, when the fate fhallfoas aforefaid become needful and requifae; £>c it Ccnaitell, That it (hall and may be lawful to and f<)r the faid Company, at any Time or Times when the fevera' Rates or Duties Ihall in any One Year, after paving all and every the Charges and Difburfemcnts attending the Exe- cution of this Afl, and ir.aking fuch Divifion amongft the individual' Members of the faid Company of Ten Pounds ter Centum as aforefaid, exceed the Sum of One hundred Pounds (cxclufive of the faid Sum of Two thoufand Pounds hereinbefore dircded to be placed out at Interef\ as aforefaid) to borrow and take up at Intercft on the Credit of the faid Surplus of the feveral Rates or Duties, and Inveflments aforefaid, at fome General or Special Affcmbiy as aforefaid, and of which fuch Notice as aforefaid fhall have been given, fuch Sum or Sums of Money as may be needful and adequate to the making, doing, and executing fuch Addi- tional, and further and other Works, Accommodations, andCortveniencies as aforefaid; and the faid Haven Company are hereby fully authorized and impowered to alTign over the faid Surplus of Revenue as aforefaid.^ or any Part thereof (the Cofts and Charges of alTigning the fame to be paid out of fuch Surplus) as a Security for any fuch Sum or Sums of Money to be fo borrowed with Intcreil, not exceeding legal Intercfl, to fuch Bodies Politic or Corporate, or other Perfon or Perfons, or his, her, or their Truftee or Truftees, who Oiall advance the fame, in fuch Form as is fpecified and fet forth in the Schedule to this A61: annexed, or in or by Words to that or the like Purport or EfFedl •, and all and every Bodies MoKeagcsand Politic or Corporate, or other Perfon or Perfons, and his, her, or their nny^lx^L. Succefibrs, Adminiflrators, or AiTigns, to whom any fuch Affignment or fiircH, Mortgaoe fhall be made, fhall be equally entitli^d to their Proportion of the faid Surplus of Revenue, according to the refpcctive Sums in fuch Securities mentioned to be advanced, to fccure the Re-payment thereof v/ith the Intcreft as aforelaid, without any Prererence by Keafon of I'ri- ority of Alignment or on any other /^-ccount whatioever, and the Money fo borrowed fhall be applied in the making and executing fuch additional or further and other Works and Conveniencies for which the fame fhall have been borrowed, and in carrying the fime into effec- tual and complete Execution, and every fuch Alignment or Mortgage, fhall and may be afTigned or transferred, and fuch Afiignee may aif.gn and transfer again totiis qnotUs, in fuch or the like Manner and Form, and with fuch and the fame Powers and Advantages, as to fuch Surplus cf Revenues as aforefaid ; and Entries or Memorials of every fuch Mort- T gngc, ( 74 ■) •tobet.-.tetcd gngc, A iTignsTicnt, Or Transfer, fliall be made by the Clerk to the faid ine-'as Mjitl Company, as is hereinbefore direftcd and prcfcribed reipedively, with .-gage? on the rcfpcd to thc Affignnicnt or Transfer of the faid Rates and Duties, for atcs, -.. raifing a further Sum of Money for completing the Works of the faid Undertaking, in cafe the Monies firft raifed Hiould prove not adequate or fufficitnt for fuch Purpofes refpedlively, as fully, completely, and effec- tually, as if the fame v/ere again repeated and enacted. Company im- Stuli to!)Cfeas> it may Happen that by Reafon of the increafed Trade powemi to pf jjj^ ^2,j Town and Port of Grimjby, the faid Haven mav be infufficient take fitty Land . riiir-i- jrn-i r '■ i-i wherein to for the Accommodation or all the bhips and Venels reforting thither, and ^hen the^fame ^^'^^^ ^ Dock or Bifon in conftquencc thereof may become neceflarily (hall become wanted; in ordcr therefore to make Provifion for the making of kich ■ecelTary, &c. p^^j, ^j. gjfon out of the faid Sutplus Monies, or the Monies to be bor- rowed on the Credit thereof as afurefaid ; ©e it CSnaCteU, That it fnall and may be lawful to and for the faid Company, and they are hereby authorized and impowered, when and fo foon as fuch Dock or Bafon iTiall be necelTarily wanted as aforefaid, and there fhall be a fufficient Fund raifed by and out of fuch Excels or Surplus as before-mentioned, or Money adequate thereto (hall be raifed on the Security thereof, to make in and upon thc mod convenient Place or Places of the Ground lying within that Part of thc faid Eaji Marfi Common in Great Grimjby afore- faid called Fitly Ground, and which lliall lie contiguous to and on the Eatl: Si^ie of the faid Haven, after the Courfe and Diredion thereof (hall have been fo altered and varied as aforefaid on the North or North Eail Side of the Bank there, or Point of high Water Mark, One or more Dock cr Docks, Bafon or Bafons, to open into and communicate with the faid Haven above the Lock, with other necefiary Conveniencies, fo as no greater Quantity or more than Ten A-cres of fuch Fitty Land be had and ufed for any I'uch Purpofc, without the Licence or Confent of the Mavor and B'Jrgeffes of Great Grimjby aforefaid, and fo as the faid Com- pany do pay unto the faid Mayor and Burgeffes for fuch Ten Acres, or lefs Qiiantity as fliall or may be fo taken by them, fo much and fuch Sum or Sums of Money in Grofs, or by an Annual Rent pr Acre, as the laid Fitty Land, and other Land for forming (uch Jundion or Com- munication as aforefaid, fiiall by the faid Comn.ifTioners or by a Jury., in fuch and the like Manner as aforefaid, be valued at fer Acre, and which Valuation is hereby required to be made at fuch and the fame Time, or within the Space of Two Years next after the pafllng of this Aft, as other the Land or Ground, hereby auihorized to be had and taken for oth^-r the Purpofes aforefaid, fnall be made by the faid Commifiioners or by a jury, in cafe the Parties, or either of them, fnall be diflatisfied with the Judgment or Determination cf fuch Commiffipners ^ and upon Payment or Tender of fuch Compenfuion to the Mayor or Chamberlains ( 75 ) Chamberlains of the faid Borough for t!ie Time being, fuch L.anJ or Ground at the Tiijie or Times when the fame (hall be lb wanted, may be had and ufed by the faid Company ior fuch Intents and Purpol'cs as aforefaid. and be it fuctf)tc (£nacteD, Thar all and every fiich Dock or Bafon, Any Dock t,. Docks or Bafons, as Ihall or may at any Time or Times hereafter be made .n^de'to""'** by virtue of the Power and Authority hereby given, fiiail at ail Times free upon Pay. after the fame Ihall be fo made, be open to and for the Reception and bu,"fi;bjfa'i"' Ufe of all Ships or other VelTcls whatfoever, upon Payment of fuch and "-"'T'Ty Re- the fame Kates or Du:ies, and no greater, than Ihali be due or demand- ^" * "'"' able under or by Authority of this A6t for or in refpcct of any Ship or other Veflel coming into the faid Haven, and alfo fubjcdt to fuch and the fame Regulations and Penalties as are hereby prefcribcd and eftabliflied with relpeft to the faid Haven, and alfo to fuch other Rules, Orders, and Regulations as the faid Company, or any Committee by them to be appointed as herein mentioned, fhall from Time to Time thinic expedient and proper to be made, and which they are hereby refpeclively authorized and impowered to make and eftablifh in regard to the mooring and Management of any Ship or Vcifcl ufingany luch Dock or Bafon, and v^ith reafonable Penalties, not exceeding Forty Shillino-s for the Non-obfervance or Breach thereof. |0rot5i&tli nctieutljclcfjj, nnU lie it fai'tt)er(0naftea, That when and at any surpiui Time or Times after the pafTing of this Aft, the feveral Rates or Duties to ^'!'°o"pcf ** be coUefted by virtue of and under tliis Ad, and the Interefl: of fuch Sur- Annum, the plus Money as fhall or may be fo placed on Governm-nt or other Secu- rities as aforefaid, fhall in any One Year, atter paying, fatisrying, and dif- charging all neceffary Charges and Expfences attending'ihe Execution of this Aft and the feveral Purpofes thereof, and all Annual Payments by way of Rent, Intereit, or otherwife, and the making fuch Dividends or Divifions of or out of the Produce of the faid feverai Rares and Duties and fuch Invcltments as aforefaid, and to the Amount and Extent before- mentioned, exceed or amount to the net and clear Sum of One hundred Pounds, and no additional or further and other Works or Improvements fhall be needful or wanting, or that it would be- of greater public Utihtv, and more conducive to the further Incrcafe of the Trade of the Town and Port aforefaid, to Itflen and reduce the faid Rates and Duties than to make any further or other additional Works or Conveniencies, it fliall and may be lawful to and for the faid Company in any fuch Cafe, and they are hereby authorized and required, and in cafe of their Neoleft or Default for the Space of Three Calendar Months next after Kcquel^ Ihall have been made to them for fuch Purpofe in Writing, under the Hands of the faid Commidon-.-rs, or any Twenty-one or more of them, rhni ihrn Duties may be reduced by tlie Company, or in thcli Default by the Com- mifTioneii. ( 76 ) ih^o and in fuch Cafe it fhall and may be lawful to and for the faid Conu millioncrs, or any Twenty-one or nnore of them, and they are hereby alfo authorized and required, at fome General Ailembly or Meeting, of which Twenty-one Days previous Notice, fpecifying the Intent or Oc- cafion thereof, lliall at leall have been given by the faid Company or Commiirioners, as the Cafe may happen to be, to lower, diminifh, and reduce the Rates and Duties aforefaid, orfunh of them, and in fuch Pro- portion ar:d Degree as they (haii in their Difcrction think mod proper, fo as a Preference be given to the feveral Goods, Wares, and Merchandize hereby charged, but fo nevenhelefs that any fuch Reduftion be not to the Injury or Prejudice of the faid Company, or any other Perfon or Perfons wliomloever, to wJiom any Sum or Sums of Money Qiall be then due and owincr on the Credit. of the faid Rates and Duties, or to whom the fame may have been demiled or letten, and no greater or higher Rates or Duties fhall be had and received than fhall be fo fettled and allowed by the faid Comm'.fTioners ; and in cafe any Deficiency fhall be occafioned for or by Reafon of fuch ReduAion of the faid Rates or Duties, fo that the fame will not be fufficient, after paying the ordinary Difburfemcnts, to make fuch Divifion as aforefaid of Ten Pounds per Centum amongfl: the faid Company of Proprietors, then it (hall be lawful for the faid Company, at any Meeting to be held for that Purpofe, of which fuch Notice as lalf- mentioned ftall be given, to raile the faid Rales and Duties to fuch a Rate or Proportion as will be fufficient to make up fuch Deficiency, fo that the fame or any of them do not exceed the higheft Rate of the Sum or Sums of Money, Rates or Duties allowed to be taken under or by virtue of this A^ft. •Commiffioners 2»t), for the better enabling the faid Commiffioners from Time to Time •1- Auditors toafcertain and be fully informed of the Amount or Extent of the Surplus them'im- ^ of the Kates pr Duties, and alfo in Default of the faid Company to make powered roin- r u j^^fiyiftion of the Rates and Duties aforefaid, as the Cafe may be, Ipetl tlieCom- .,. i.-j^ irir r^r pany-s Ac- without Prejudice to the laid Company, or other Perfon or Perfons con- cerned in the Navigation of the faid Haven, or in aryvvife interefted therein, it fiiall be lawful tor the faid CommifTioners, or any Five or more of them, from Time to Time and at all Times, at any Meeting to be held for that Purpole, of which Four Days previous Notice fnall have been given in the Manner hereinbefore mentioned, to call for and infpcft all and every the Book and Books of the faid Company, in which the Accounts of the faid Haven Navigation and Undertaking are entered and ftated, or otherwife (hall at any fuch Meeting nominate and appoint One or more proper and competent Perfon or Perfons to infpe(f>, examine, and audit the faid Books and Accounts, who fhall and may take Copies of fuch Accounts, or make Extrafts thereof, as to them the faid Commifiioners or the faid Auditors fhall feem nece^fary and proper ; and if counts. ( n ) if any Clerk of the faid Company, or other Perfon or Pcrfons in whofe Hands or Cuftody the faid Boolcs and Accounts refpedively Ihall then be, fliall not permit or fuffer the fame refpedivcly to be foexannined and infpe(fled as aforefaid, or Copies or Extrafts to be made of or from any fuch Accounts, or othcrwife (hall delay, hinder, or obftruft the doing thereof, every Clerk or other Perfon fo offending, fliall for every fuch Offence forfeit and pay the Sum of Fifty Pounds, to be recovered and levied in fuch and the like Manner as is hereinbefore prefcribed with refpcdt to the Recovery of other the Penalties and Forfeitures hereby im- pofed. Clcrkcorthofe having the Cuftody of Accounts I* forfeit/;. 50 for Relulal. anti toBcrca^ there is lying within the Common Pafture in Great Crimjby aforeiaid, called The Eaji Marfl), and between the Turnpike Road there and the Bank on the Eaft Side of the faid Haven, and which is fe- parated and detached from the Reft of the faid Common Pafture by the faid Turnpike Road, a narrow Screed or Parcel of Land, in Length from the North Eaft End of a Clofe belonging to George Robert Heneage^ Elquire, called The Haven Side Clofe, to the End of the faid Turnpike Road, Forty-fix Chains, and containing Sixteen Acres or thereabouts, and which from its Situation by the Side of the faid Haven will be very convenieat for the Purpofes of Trade, and for the Eredion of Warehoufes and other Buildings, were the Right of Common in or upon the fame to ceafe and be abfolutely extinguilhed ; ice it tbcrcfore (SniUtci), That it fliall and may be lawful to and for the Mayor and Burgeffcs of Great GrimJIiy aforeiaid, trotn Time to Time, and at all or any Time or Times from and after fuch Alteration or Variation of the faid Haven, and the Ground for the Batiks and Towing Paths on the Eaft Side thereof, (hall refpec'tively be let and ftaked out, by public Bidding or Biddings, to let and demife all and every the faid Screed or Piece or Parcel of Com- monable Ground, or fo much thereof as fhall remain unoccupied and be not neceft'arily wanted for any of the Works or Conveniencies of or re- lating to the laid Haven Navigation and Undertaking, freed and dif- charged of and from all Right of Common which can or may be claimed therein or thereupon by any Mayor, Alderman, Common Councilman, and Free Burgt-fs of tlie Lid Borough of Great GrimPjy for the Time being, or any of them, or any other the Members or Officers thereof, or of any other Pcrlbn or Perfons whomfoever : Provided ncverthelefs, that at or near each Extremity, and at or about the Middle or Center thereof, there be made or let out, convenient and fufficient Roads, Ways, or Avenues as and by Way of Common Staiths, for the Ule of the Public to and from the faid Turnpike Uoad to the faid Haven, fuch as (hall be made at or near the faid Extremities not to exceed Ten Yards in Width, and the middle or central One not to exceed Eight Yards in Width; that not fnore than Twenty Yards in Length of fuch Frontage next the U faid Mayor and Burgeflc-s im- powered to leale a certain PartofthsEaft Maifli Crioi. mon. ( 78 ') faid Haven be let to any One Perfon oi Perfons or Company, nor fer any greater Term or Space of Time than Sixty Years, or for more than Twenty-one Years, in all luch Cafes where the Leflee or Leffees of any luch Piece or Parcel of Ground fhall be under no Covenant or other Oblirration to ereft any Warehoufe or other Buildings thereon for the Purpofes of Trade ; and alfo that the BurgefTes of the faid Borough who are concerned in Trade, as Timber, Coal, Corn, or other Merchandize, and who Ihall be in the aftual Want of and require any fuch Accommo- dation have a Preference and be accommodated at a fair and reafonable Rent, before any Part of fuch Commonable Ground be demifed or let by the faid Mayor and Burgefies to any other or indifferent Perfon or perfons whomloever. Qn'i'bt it furrljCL- Gliaaeil, That if the Owner, Mafter, Servant, or other Perfon having the Care of any Ship or Veilel, (haJl not in comin.2 into the faid Haven, and in his Approach to the faid Lock, make or cauTe fuch Ship or Veflel to be or become ftationary at the Diflance of Two hundred Yards at the leaft from the iaid Lock, or (hall refufe or neole£t to moor or remove any fuch Ship or Veffel, according to the Diredlions of the faid Haven Mafter, after Notice to him or them given, or left in Writing on Board the faid Ship or VelTel, or fhall obftrud or hinder the iaid Haven Mafter or af;y oi his Affiitants, at any Time or upon any Occafion when there fnall be a good and reafonable Caufe for the fame bein^ done, in the Removal of luch Ships or VefTcls into any other Part or Parts of the faid Haven above the Lock, or ou-t of that Part to fome other Part of the fame Haven beneath or below the Lock, or into or out of any Dock or Bafon which (hall or may hereafter be made under the Powers and Provifions in this Adf concained, or in re- moving any Ship or VelTcl from the public Quays or Wharfs, to pre- vent any Delay or Obftruiftlon to or in the loading or unloading of any other Ship or VefTel at any fuch Quays or Wharfs, then and in every fuch Cafe every luch Owner, Mafter, or other Perfon having the Care of any fuch Ship or Veffel, lliall for every fuch Offence forfeit and pay the Sum of Five Pounds. HivenM^.fler 2(utl Ue tt furtbcc (iliUaittS, That in cafe th? Haven Mafter, or his foiMitbehavi- Afi'illant Or AlTiftants tor the Time being, ftiaii not, in mooring or re- pl to a Ve"-''' moving of Ships or Veffels within or out of the faid Haven, or any Dock rally orbe re- ^j. ggfon which fnali or may in future be io n.ade as aforefaid, aft ''^°^^'^' with that due Impartiality which the Nature of their OfBce (hall re- quire, or (hall wilfully abufe the Authority veftcd in him or them for fuch Purpofes, or ftiall otherv.ife miftjehave him or themfelves in their ■05ice, aud Coniplaint fhali be thereof made in Writing to the faid Company^ 'Mafteis of iVeffels not making then ilationary be- fore they come to the Lock, or confoniiirg to the Haven Mailers Di- reflions in moorins;, or obttrnftiiig his Re;ViOval of Velicls in cer- tain Cales, to be iubjeiit to a Penally of /". r. Owners Ex- pence. ( 79 ) Company, or the faid Committee by them appointed, the faid Company or Committee fhall and may enquire into the Nature of the Complaint, and upon Prcof of the Offence complained of, and that no proper Satisfadtion has been made or tendered for or in Refpcft of the fame, fhall and may fubjedt the Offender to a Penalty not exceeding Ten Pounds, or (hall otherwife difcharge the Offender from his Office of Haven Mafter or AfTif- tant, as the Cafe may be, and ffiall within Fourteen Days next afterwards appoint another Pcrfon in his Room, and the Pcrfon l"o difcharged (hall be for ever afterwards incapable of being again appointed to the Office of Haven iVIafter or Affiftant ; and all fuch Penalties as aforefaid which fhall be fo incurred, ffiall and may, upon Non-payment thereof, be reco- vered and levied in the fame or like Manner as herein is preicribed for the Recovery of other the Penalties or Forfeitures impofed by this A (ft. anH be It furtljCC 6na£tcti, That if any Boat, Lighter, or other vtffdsfunkto Vcffcl, which ihall or may happen to be funk in or immediaielv off" the \^ weighed by ,, -Lr-jii the Haven Mouth or Entrance ol or inco the laid Haven, or within any Dock or Mailerat Bafon that may in future be made as aforefaid, and the Owner or Own- ers, or other Perfon or Pcrfons having the Care of any fuch Boat, Lighter, or other Veffcl, ffiall not, without Lofs of Time, weigh or draw up the fad-ie, it fliall be lawful for the faid Haven Mafter, or his Afiift- ant or Afliftants, to caufe fuch Boat, Lighter, or other Veffel to be weighed or drawn up; and in cafe the fame ffiall not be redeemed, and all Expences paid within the Space of Seven Days, to ftrJl and difpofe thereof for the Satisfadtion oi all the Expences ncccffarily incurred and occafioned in or about the weighing or drawing up, and felling or dif- pofing of the fame. anU 1>C it factljCC (gtiaacli, That no Ship cr Veffcl that fhall be laid old Ships in- up as unfit for further Service, fliall be permitted to be or remain in the ^'ibeiing the faid Haven, or in any fuch Dock or Bafon fo to be made in future as be^remove'd. ° aforefaid, to incumber the fame for above the Space of Six Calendar Mon hs in the Whole, and that during ail fuch Time the Owner or Owners, Mafter or Commander, Fadoror Agent of or for fuch Ship or Veffel Ihall keep the fime conftantly and fufficicntly moored, to prevent Daniane or any Obftruiftion being given to the free Paffage of any other Ship or Veffel ; and that in every fuch Cafe it fhall be lawful for the faid Haven Mafter, his Deputy and Afliftantj, and every of them, to •caule fuch S'lip or Veffel h incapable or unferviceable, which ftiall lie in the faid Haven, or in any iuch Dock or Balbnfoto be made as afore- faid for above the Space of Six Calendar Months, or that /hall be found loofe and unmcor^d within the fame, to be removed out of the faid ( 8o ) "Knjience there- of on Refufal •obediiliained for. Timber not to be left in the Haven longer than 4S Hours without Con- sent. Cunnowder and other '^orabuftible Matter to be removed after a limited Time. faid Haven, or any fuch Dock or Bafon, and to lay and moor fuch Ship or Veffel on any Part of the Strand or Shore of the River Humber, within Highwater Mark, and as near to the faid Haven as conveni- ently may be; and upon Refufal or Negleft of Payment to the faid Haven Malter, his Deputy, or Affiftantj or any of them, by the Owner or Owners, Mafter, Commander, or Agents of or for fuch Ship or Veflel, of the rea.^onable Charges of removing and mooring fuch Ship or Vcflcl as aforefaid, for the Space of Five Days next after Demand fhall have been made thereof, then and in every fuch Cafe it fliall be lawtul for the faid Haven Matter, his Deputy, or Affiftants, or any of them, to levy fuch Charges and Expences, by Diflrefs and Sale of fuch Ship or other VeflTel, or any of her Tackle, Apparel, or Furniture, or any Part thereof, rendering the Overplus, if any fuch there be, after dedu6^,ing the Charges of the taking, keeping, and Sale of fuch Diftrefs, to the Owner or Owners, Mafter, Fador, or Agent of or for fuch Ship or other Veflel, upon the fame being demanded. 2lnJ> bt it furt&Ef ©njuteii, That no Wood or Timber which fhall be delivered within the faid Haven, or in any fuch Dock or Bafon which may hereafter be made as aforefaid, fhall be permitted to lie or remain therein for a longer Time than Forty-eight Hours after the Delivery thereof, without the Leave or Confent of the Haven Mafler for the Time being, or his Deputy, and fo as the fame can or may be given without annoying or prejudicing any Ship or VelTel within the faid Haven, or any fuch Dock or Bafon as aforefaid, or injuring or obftrudling the free Navigation thereof; and in cafe the fame fhall not be removed be-' fore the Expiration of the faid Forty-eight Hours, or within fuch further Time as fl'iall be fo allowed as aforefaid, the Owner or Owners thereof fliall for every fuch OlFence forfeit and pay the Sum of Five Pounds. anti &C it furtficr (il;nactctl, That no Gunpowder, Tar, Pitch, Rofin, Hemp, Flax, Faggots, Furze, Brandy, or other fpirituous Liquors, Tur- pentine, Oil, Hay, Straw, Tallow, Greafe, Shavings of Wood, or other combuftible or inflammable Matters or Things whatfoever, fliall be fuf- fered to be or remain upon the aforefaid Quays or Wharfs, or upon the Deck of any Ship or Vefill in the faid Haven, or in any fuch Dock or Bafon fo in future to be made, for above the Space of Twenty-four Hours after pafTmg the Cuftom Houfe Officers, nor any Gunpowder exceeding the Quantity of Six Pounds on Board of any fuch Ship or VefTel beyond the faid Space of Time after the Arrival thereof; and if fuch Goods and Thin • , t-i • tx i -n r' i • i -tobepimiilied. Vcflel lying and being in the laid Haven, or in any Dock or Balon which inay be fo made in future as aforefaid, or fliali fo malicioully, wilfully, or wantonly do, commit, or occafion any other Mifchief, Damage, In- jury, or Hurt, or obftrud, hinder, or prevent the carrying on, com- p^ctin(^ fupporting, or maintaining any of the Works by this A£t autho- rized to be made or done for the Improvement and Prefervation of the Navigation of the faid Haven or otherwife, every fiich Perfon and Per- fons fo offending in any of the Cafes aforefaid, fliall be adjudged guilty of Felony, and fubjeft to all the Pains, Penalties, and Dilabilities there- of; and the Court by or before whom fuch Perfon or Perfons fliall be tried and convifted fliall, and hereby have full Power and Authority to caufe fuch Perlon and Perfons to be puaifhed in like Manner as Felons .are diredled to be puniflied by the Laws and Statutes of this Realm ; or in Mitigation of fuch Punifliment may, if they think fit, award fuch Sen- tence as the Law diredls in Cafes of Petit Larceny ; or otherwife every Per- fon fo offending, and beino thereof lawfully convided on the Oath of One credible Witnei's, before the faid Mayor, or One or more oth.r His Ma- jerty's Juftices of the Peace for the Borough or Parts of Lindfey afore- faid (as the Cafe may be) fliall forfeit any Sum not lefs than double the Va- lue of the Damage proved upon Oath to be done, at the Difcretion of fuch Mavor, or other Juftice orJi:flices-, fuch Penalty, together with reafonable Colts, to he levied by Diftrefb and Sale of the Goods and Chattels of fuch Offender, rendering the Overplus (if any) to fuch Offender; or fuch Of- fender fliall and may be committed to the Common Gaol of the faid Borough or Pans aforefaid (as the Cafe may be) for any Time not ex- ceeding Six Calendar Months, at the Difcretion of fuch Mayor, Juftice, or Juftices, before whom fuch Offender fliall be convided. iHnTen and Drains not to be under the Controul of any Commif- fion of Sewers. Future Appli- -cations may bt made to Par- liament uj the Majority of 3ntl be ft fuut|)£r (Stiartfti, That the faid Haven, or any of the Drains, Cuts, or Ditche^, Docks, or Bafons to be made and fupported bv and at the Charge and Expence of the faid Company, under or by virtue of the Powers granted by this Ac^, fliall not be fubjeft to the Controul, Dircflion, Survey, or Order of any Commiffion of Sewers, or to any Law or Statute relating to Sewers, any Law, Statute, or Charter relating thereto to the contrary notwithftandifng. !^\\h to?;evea!S the major or greater Part of the faid Haven Company may hereafter think it expedient to make Application to Parliament, for Power to make certain navigable Communicaticns with the faid Haven, ( 85 ) 'Haven, or other Purpofes than fiich as are authorized by thisAdl, but by thePropnetors rc-albn of Infancy or otherwilc may not be able to obtain the Cunfcnc and '^''^"'^'""g Concurrence of all the faid Company of Proprietors: il5c it tficrefort Communica- (2nn£tCtl, That in cafe the Pcrlons entitled to the greater Number of H°"*n"'''"''' the Shares in the faid Haven Navigation, fnall, at any General Aficmbly of the iVid Company, thiiiic proper to mr.l:e any fuch Application to Parliament as aforelaid, it fliall be lawful for them to order and caufc the Common Seal of the faid Company to be affixed to any Petition for that Purpoie, and fuch Application to be prxeeded in and profecucci! , and any Money arifing by virtue of this Aft, to be applied in defraying the Kxpences incurred by or in confequence of any fuch Application; and it fliall be lav;ful for the Guardians, Truftees, or Committees of the O-vners or Proprietors of any fuch Shares, being Minors, Lunatics, or under any Difabi!:ty or Incapacity of afting for themfclves, and the Executors or AdminiP.rators of any deceafed Ovvners or Proprietors of fuch Shares, to apply any of the Money which (liall come to their Hands as Guar- dians, Truftees, Committees, Executors, or Adminiftrators as aforefaid, towards defraying the proportionable Shares of the Expences incurred by and in confequence of any fuch Application, which Ihall be payable by the Perfons on whofe Behalf they rcfpeftively aft, or to rail'e Money for thi.; Purpofe by Mortgage of any fuch Shares, which Mortgages they are hereby authorized to make by Writing under their Handsand Seals, . and the fame fliall be valid and cfTcftual. 2nJ> be it fuvrtjtr (SnaitCi, That all .Penalties, Fines, and Forfci- Penalties ird turcs hereby mflictcd or impofcd, or which Ihall be infiifted or ho^*'to^here. impoled by any Rule, Order, or Bye Law to be made in purfuancc of covcieJand this Aft (of which Rule, Order, or Bye Law, when produced, all Juf- ''''*'"' * tices are hereby required to take Notice) tJie Manner of levying and reco- vering v-'hereof is not otherwile particularly clireftcd, fhall (upon Proof of the Offences refpeftively given before any Mayor or Jultice of the Bo- rough, Parts, Divifion, or County whereu) the Offence fliall be commit- ted, or v/herc the Offender fliall be or refide, either by the Confcffion of the Pariv or Parties offending, or by the Oarh of One or more credible Witnefs or WitnclTcs, which Oath fuch Mayoror Jultice of the Peace is hereby im- powered and required to adminilter) be levied by Diftrcfs and Silc of the Goods and Chattels of the Party or Parties offending or liable to pay the fame, by Warrant or Warrants under the Hand and Sea! of fuch Mayor or Jultice,^nd the Overplu'^^, after fuch Penalties, Fines, and For- feitures, and the Charges of fuch D ftrefs and Sale are recovered and de- di.'fted, fhall be returned, upon Demand, unto the Owner or Ownvrs of fuch Goods and Cnattels, and \.\\z Monies arifing from f.ch Penalties, Fines, and Forfeitures when levied, fliail (if not herein otherwile di- y reftcd Coflviflion. ( 86 ) ■ rcfted to be applied) be paid into tke Hands of the Treafurer or Treafurers ■ of the Monies to be raifed by virtue hereof, or the Clerk of the fjid Com- pany, to be applied and difpofcd of tor the Purpofes of this Ad, and to and for no other Die or Purpofe whatfoever ; and in cafe fufficient Dif- trcfs ihall not be found, and fuch Penalties, Fines, and Forfeitures fhall not forthwith be paid, it fhiU be lawful for fuch Mayor or Julbce of the Peace, and he is hereby authorized and required, by Warrant or War- rants under his Hand and Seal, to caufc fuch Offender or Oifenders to be committed, to the Common Gaol or Houfc of Corredion of the Borough, Parts, Divifion, or County where fuch Offender or Offenders (hali be committed there to remain, without Bail or Mainpiize, for any Time not exceed. ng Three Calendar Monihs, unlrfs fuch Penalties, Fines, and Forfeitures, and all reafonable Charges (ball be fooncr paid and latisfied ; and all and every the Mayor, Juftice, and Jufticcs of the Peace, before whom any Perfon or Perlons fhall be convidcd of any Offence againlt this Ad, or any Rule, Order, or. Bye Law made in purfu- ance thereof, flial! and may, for tre more eafy and fpeedy Convidion of any fuch Offenders, caule the Convidion to be drawn up in the Form of Words kt forth in the Schedule to this Ad annexed, cr in any other Form of Words to the lame Effcd, as the Cafe fhall require. ^arotifirli fltenvsf, ant! tif it ftirtljer enatteij, That no Part of the Goods and Chatcels to be at any Tmie diftrained by virtue of this A&, fhall be fold until the Fourth Day next after the fame fhall have been fo diftrained, and that it fhall be lawful for the Pcrlon or Perfons con- vided, at any 1 ime before any fuch Sale fnall be made, to redeem fuch Goods and Chattels by Payment of the Money for which the fame fliall have been fo diftrained, together with the Cofls and Charges of making and keeping fuch-Diftrefs. Pfnait;«, &c. 5?rotiil>ct> alfo, anti lie it fnrtljer dSuitflcti, That it fliall be lawful for maybeniiti- jhc Mayor, Juttice, or Jufticcs of the Peace, or any of them, by whom **" ' any Judgment, Sentence, or Determination fhall be given, made, or pro- nounced from Time to Time, where they fee Caufe, to mitigate, com- pound, or leffcn any of the Penalties, Fines, or Forfeitures as aforclaid, as he or they in his or their Difcretion fliall think fit, fo as fuch Miti- eation or Compofuion do not extend to remit above One Moiety of the Penalty inf^ided and direded to be levied by this Act, or any Rule, Ordrr, or Bye Law made in purfuance thereof; and every fuch Mitiga- tion or Compofuion fhall be a I'ufRcicnt Difcharge to the Perfons ofFend- ins refpcdively, fur fo much of the faid Penalties, Fines, and Forfeitures ..^s fhall be fo mitigated, leffened, or remitted. Diftrf fs no' to be Ibid until the Fourth Day. ■m» ( h ) 3nl) be it furtBcv CnartClJ, That when any DiRrc'fs Hiall be made for ^''^"='^ ""' «• anv Penalty, Fine, or Forfeiture to be levied by virtue of this Aft, the Urcgi-Wity. Diftrefs itfelf fliall not be dcerincci unlawful, nor the Party or Parties mak- ing the fame be deemed a Trefpa(Ter or TrefpalTers, ab initio, on Account of any Irregularity which (hail altcrwards be done by the Party or Parties dillraming, but the Peri'on or Perfons aggrieved by fuch Irrcfuiaritv . may recover full Satisfndion for the Ipeciai Damage, in an Adlion on the Cafe. pcobiticli altoa^S, Tiiat no Plaintiff or Plaintiffs (hail recover in any where Ac- Ait ion for fuch Irrcmilarity, TrtfpaLs, or other wrongful Proccrdin^s, «="" "^^'l '"^ ■ ■ rr ■ ^ \ jniii ° brought for 'if Tender ot lumcient An-,ends fhall be made by or on the Behalf of the Damagcdoue ■ Party or Parties whj (liall have committed or occafioned, or caufcd to 'jn "ir!^e "uiir have been committed or occafioned every or any fuch Irregularity, Diitreis, Ten- Trefpafs, or wrongful Proceeding before fuch Aftion brought^ and in may1,f.3e* cafe no I'uch Tender fhall have been made, it fhall be lawful for the De- <.r Money paui fcndant or Defendants in any Adlion, by Leave of the Court where fuch '"'°^°'"*' "Adion fliall depend, at any Time before Iffue joined, to oay into Court fuch Sum of Money as he or ti.ey fhall judge fit, whereupon fuch Pro- cei'dings or Order and Judgment fliall be had, made, or given in and by fuch Court, as in other Adions where the Defendant is allowed to pay .'Money into Court. 'aittl be it furtljcr (£na£tc5, Thjt no Order which ftiail be made bv „ r /I T II- 1 ■ /■ . ' ProcteJingt any Mayor, Jultice, or Julticc-s by virtue of or under Authority of this nottohe Aft, or any other Proceedings to be had touching the Conviction or ^^'''^'f"'" . /-\rc J r- Jiiforinality or 'Convictions of any Offender or Offenders againlt tins Ad, fhall be rtmovrable by quaflied or vacaicd for Want of Form only, or be removeable by Cer- '-""°'*'''' tiorari, or any othcr'Writ or Proccfs whatfoevcr, into anv of His Ma- jefty's Courts of Record at Wej1ir::;y1':r. anil be it flirtfltl- CllJUtCt:, That all and every Pcrfon and Perfons who p^fop,, . ff.all think himfclf, heilcif, or themfelves aggrieved by any Order or giieved may Judgment made or given in purfuance of any Rale, Bye Law, Q^f,"' '° '" or Order of the laid Haven Company, or the Committee to be appointed f""!!. by them, or by the Order or Determination of any Mayor, Juflice, or Jurtices of the Peace in puiU!::ncc of this Act (where fuch Order or De- •tcrminaiion is not declared to be final) may, within Six Calendar Months after fuch Order or Determination (hall have been made or given, com- plain to the Jullices of the Pc.ueat their next General Quarter Seffnns of the Peace to be held in and for the Parts of Li » J fey, in the faid County of Lincoln, or t!ie Town or l^lace wht^rein any Separate Jurildiclion fhall be . held; in which the Caufe of Appeal fliull arife, firft giving Ten Days No- ppeal lo the ter Sel'- t:cc (: 88 ) lice at the kaft in Vvriting, of furh Intention to complain, to the Party in- terc'fted in luch Coinplaini ; and the laid Juftices (liall, in a fummary Way, either hear or determine the faid Complainc at fuch Sefilons, or if ihey think proper niay adjourn the Hearing thereof to the next General Qiiar- ler Senions of the Peace to be held tor fuch Purts or Place refpeftively, and it they fee Caufe nnay mitigate any Penalty, Fine, or Forfeiture, and may order any Money to be returned which flu ill have been levied in pur- fuance cf fuch Rule, Bye Law, Order, or Determination, and may alfo order fuch Satisfadion tu be made to the Party injured as they (hall think rcaonable. Liimitation of Cintj bt It fuvtlicr dStiaajD, That if any Aiftion, Suit, or Inf. rmatiori '""*' ill all be brought, commerced, or filed againft any Perlon or Pcrfons for any Thmg done in purfuance ol this A6t, or in the Execution of aiy of the Po\\ers or Authorities, or the Orders and Direftions hereinbefore given and granted, every luch Ai^ion, Suit, or Int>^rmation (h.ill be brought, commenced, or filed within Six Calendar Months next after the Fad or Offence committed j or in cale there (hall be a Continuation of Damages, then within Three Calendar Months next after the doing or committing fuch Damage fliall have ceafed, and not afierwards, and Ihall be laid or brought in the County where the Matter m Difpute or Caufe of Girneral Ifliie Aftion fliall arile, and not elfewhere ; and the Defendant or Defendants in mav be piepJ- | j^ Acfion, Suit, or Inlormation, fliall and may plead the General Ifl'ue, ed by the jJc- ' ' -^ ' lendant. and give this Afl and the Special Matter tn Evidence, at any Trial to be had thereupon, and alledge that the fame was done in purfuance and by the Authority of this Act ; and if it fliall appear to liave been lb done, or if any fuch Aftion, Suit, or information fhall h.ive been brought, commenced, or filed after the TimeTo limited for bringing or filing the fame, or fliall have been brought in any other County or Place than as aforefaid, then and in every luch Cale the Jury fliali find for the De- fendant or Dcfendancs ; or if the Plaintifi' or Plaintiffs fhali bscome Non- fuit, or fufFer a Difcontinuance of his, her, or their Aiftian, Suit, or In- formation, aft. r the Defendant or Defendants fliall have appeared, or if a Verdift {hall pafs or be given againfl: the Plaintiff or Plaintifrs, or if upon Demurrer or otherwili? Judgment fhall be given againft the Plain- Whortiallre. tifi or' Plaintiffs, the Defendant or Defendants in every fuch Cafe fhall cover Treble j^g^g Treble Colts, and fhall have fuch Remedy for the fame as any De- diftpLs "' fendantor Defendants hath or have for Cofts of Suit \r. other Cafes by againft Plain- t t.tF. '-'^''• The Limits of 2«D Uc it furt&cr ettKact!, That in order to prevent any Doubr, thePortof DiflTerence, or Difpute that may arife with refpcfc to the Extent, SiTtuned! ^' Bounds: and Limits of the laid Port of Grimly, it fliall andmay be law. ( 89 ) fai to and for His Majefty, at any Time or Times within the Term or Space of Two Years next after the paffing of this Aft, by His Majefty's Commiflion out of His Court of Exchequer at tVeJlminJler, to afcertain, ict out, limit, and appoint the Extent, Bounds, and Limits of the faid Port of Grimjly -, or in Default thereof it fliall and may be lawful to and for the Lords Commiffioners of His Majefty's Treafury, and His Ma- jefty's CommifTioners of the Ctiftoms, within One Year next after the JExpiration of the faid Term of Two Years, by any Pcrfons whom they may appoint for that Purpofc, to afcertain, let outj limit, and appoint the Extent, Bounds, and Limits of the faid Port. 2nll ht it flirtSev Cliafttti, That nothing in this Aft contained Saving the Jliall extend, or be deemed or conftrued to extend, to take away, XMn'tVl-ioufe jmpeach, diminifli, change, or alFeft any Right which the Guild ofHuil. or Brotherhood of Maftcrs and Pilots Seamen of the Trinity Houfe of Kingfion upon Hull are now legally invefted with, or can or may law- fully or equitably have or claim, of and from the Freighters, Mafters, or Owners of all Ships or Vefiels ufing or trading from or to the Port of the faid Town oi Kingftcn upon Hull, or to any of the Places within the Limits and Liberties thereof; (that is to fay) in all Haven?, Creeks, and other Places whereof the Cuftomer of Hull, by virtue of his Office, heretofore had, or now hath any Authority to take any Cuftoms ; and of and from the Merchants and Confignees of Cargoes imported into and exported from tiie faid Port, or the Limits thereof as aforefaid, for or in rcfped of the Goods, Wares, and Merchandizes (o imported and exported, certain Dues Duties, and Payments, by the Names 'of Primage, Great Fines, and Small Fines refpedlively ; and alfo of and from the Mafters and Owners of all Ships and Veflels (Ships belonging to His Mjjefty and filhing Veflels excepted) ufing or paffing any of the Buoys by the faid Guild or Brother- hood fixed, placed, and continued upon or near the Sands in the faid River Humher, for the Improvement and more fafely navigating of the fame River, a certain Rate or Duty called Buoyage, in proportion and according to ihe Tonnage or Burthen of fuch Ships or Veflels. ana be it enattcti, That nothing in this Adt contained Ihall extend, Refei-»ing the or be coiiftrued to extend, to take away, impeach, diminill), change, or ^'fi'"* ol'i"^ 1 T\ e'*" corporaiion of afF 61 any Rights, Dues, Duties, and Payments, Powers, Privileges, Jurif- Hull, didions, or Authorities, which the Mayor and Burgcfll^s of the Town of Kingfton upon Hull aforefaid are now lawfully cntitied to, or can or may fo lawiully or equitably claim to have. %\\\i be it furtgcr dlMCttJj, That nothing in this Aft contained (hall Sr.mj the extend, or be conftrued to extend, lo take away, impeach, diminilh, D'fck 'com-' Z change, r"'""'^!?^,: o > Sod upon Hull ( 9° ) change, or affeft any Rights, Dues, Duties, and Payments, Powers, Pri- vileges, Juiifdiftions, or Authorities, given and granted to the Dock Company at Kingjion upon Bull aforefaid, by or by virtue of an A(fl of Parliament, pafled in the Fourteenth Year of the Reign ot His prefent Majefxy, for making and eftablilhing Public Keys or V/harfi at Kingjion upon Hull aforcfaid, aifo for making a Bafon or Dock there, with Refer- yoirs. Sluices, Roads, and other Works, and for other the Purpofes therein mentioned, or which the faid Dock Company are now legally- entitled to, or invefted with. General 59l'Ol3itl£t! fllfo, miti l3C it furtl^CC r iers, &c. to be made by a Majority of the — — 3j Expences to be defrayed — — — ■ — ib. I to fettle for Damages not provided for — — — 23 . _ _ _ . . Purchafes, and give Recompence for Damages — 3j . to ifTuc a Warrant to the Sheriff for fummoning a Jury, where Parties are diffatisfied with their Determination — — 3^ - fumnion VVitnefles ______ jj,. Determinations to be recorded — — ""* 3^ — — not to receive Complaint until Company fliall have been firfl: applied ■— — may, under certain Circumftances, and in Default of the Company, reduce the Rates — — — — 75 < empowered (for that Purpofe) to infpedt Company's Accounts — 76 Commlliee, to be Annually chofen at the General Meeting, to coiifift of not more than Nine nor lefs than Three — — — ij, ■ _ _ _ . fuiply Vacancies happening by Death, &c. — — 5 the Afts of the major Part ot thetn to be binding, but to confift of not lefs than Thiec for doing Liulmefs — — — ib. may detain their Expences out of the Common Stock — -- ib. — — each Member, except Chairman, to have but One Vote — — ib. Perfons holding Places, 5cc. under the Company not to be upon the ib. — — to hold Meetings and adjourn them — — — 6 . mav make Contradts, and compound Penaltes thereof — ib. et feq. , . _ _ - _ Bye L.1WS, fubjett to the Controal of the Company — 9 - - raifc more Money, if wanted, by Mortgage — — 51 - - remove certain Oificeis — — — — 6 — be removed by the Company — — — g « their Proceedings to be entered — — — — 7> (>9 ■Company, Nam^s of the feveral Proprietors who corapofe the — — 2, 3 — — General AITtmbly, and Firit and fubfequent Meetings, to give Notice thereof — — — — — 3 — — - empowered to ai'journ, to order a Common S'-eal, and audit Accounts 4 .to appoiiit'u Chairman, and in his A bfence a Deputy — • — ib. Company, INDEX. Page Company, may infpe<5V, and annul or alter Bye Laws made by the Committee, and make others — _ I I - - remove the Committee — __ __ j^ — - their General Meetings co be adjourned, if not Proprietors or Proxies of 50 Shares prefeiu — 1 — — __ jq • empowered to make the feveral nccefTary Works — n, j^ — — ----- a Lock to take the Water of Freflincy, and the feveral Springs called Blow Wells — , 12 — — in Cafes of Floods, to enter Lands to get Materials for Repair of Da- mages _ — _ _ ^16 • to cli;anfe adjoining Watercourfes in Default of Land Owners, and at their Lxpence — — — 2» — — on Payment or Tender of Purchafe Money, to have Land vefted in thcra 31 ■ empowered to purchafe, re-convey, and make Exchanges — 9, ^o — — on Purchafe, 10 convey certain detached Parcels of Ground to the Mayor and liurgefTes of Grimfby — — oq •— — Form of Conveyance to the — — — . gi ■ empowered to raife Money amongft themfelves - a a ■• ■ or Committee, may make Calls — — -_ ^y ■ may admit others where Owners die without Afiets, or their Repre- fentatives neglcft anfwering Calls — — — aq • empowered, in cafe the Money fubfcribed be infufficicnt, to raife a fur- ther Sum ■— • — — i«M .._ rx ■ may appoint certain Officers, difpiace them, and fummon them to ac- C( unt — — — — 67 ct feq. 69, 70 — — to take Security from the Treafurer and Collector — — ib. • Money, Duties, and EfFe£ts vefted in — — — nx —— empowered 10 apply Surplus Moi>cy in making further Works, or bor- row Money on the Cre. lit thereof — y2 — — - - - - take certain Fitty Land for making a Dock when neccf- fary — — — _ — 74 •^— to reduce Rates under certain Circumftances — • — ne • to pay Cofts where a Jury gives larger Damages than offered — 40 Complairt, not to be received by Commiflioners until the Company fhall have been fir(l applied to — — — on • Security to be given for paying Expences, and profecutiog — ib. ContraSis, may be made by the Committee, who may compound for the Pe- nalties thereof — — — — — 6, 8 ConvkTfoti, Form of — — — — — 86, 95 Co/It, to be paid by Company, where larger Damages are given than were of- fered — — — — — 40 .. - _ _ . Owners of Land, where lefs are ^iven — — ib. — — of t:iking Account of Freight, tn be paid by Matters of \'^enels,[if more appears than given in — — — • — • 60 tn be pa d, with Damages, by the Colieclor, if Icfs — — ib. — — ."-ccurityj in ceitain Cafes, to be given for — — 3:) ■ of removing Gfods from the Quays, how to be recovered — 61 — — Defendant, Oil having Vcrdift againft Plaintiff, to recover Tieblc — 83 Cujloms, Veffels not to be cleared before Payment of Duties by the Officers of Damages, occafioned by Floods or Accident, Company enabled to get Mate- rials for Repairs — — — 22 Damagcif I N D E X. Page Damages^ not provided for, to be fettled by Commiflioners — — 23 — — Commiffioners, or a Jury, tomake Recompence for — »_ ^^ ■■ how to be recovered — — ' 42 et. feq. Deeds, Forms of, to the Company, and between Land Owners ■ — gj — — to be inrolled — — ~" 31 under the Common Seal, to be given to Proprietors for every Share 46 worn out or deftroyed, new ones to be given — __ ^^ Dtjirefs, not to be fold until the Fourth Day — — 86 — — deemed void for irregularity — — — • 87 Dock, Provifion of Ten Acres for building one out of Surplus Money, &c. 74 .1 to be free upon Payment of the Rates granted by the Act — 75 Exchanges, may be made by Company or other Pcrfons ^- 27, 30 or Sale, may be msde of Land feparated into fmall Parcels — 27 — — Lord Yarborough to have certain detached Parts in — 28 £«w;/i^/jffj, certain Veffels, Goods, and Articles entitled to — — 62 Expences, in what Manner to be fettled, and how to be paid — 39 Fires, not to be permitted on Board after certain Hours, except, &c. — 81 Frejhney, Water may be conveyed by the Company into the Haven — 12 Trei''ht or Goods, to be weighed or meafured where any DiiFerence or Difpute arifes — — — — — 60 « _ _ - _ _ removed from the Public Quay within a limited Time 6r ..^ not to be chargeable afrefh when re-fliipped — — 63 Rates for Ca:riage thereof to and from the Quays, to be fixed by Com- mittee — — • — — — 66 Gr'imjby, Port, the Fxtent of to be afcertained — — 88 iVlcctinois of Company, Committee, and Commiffioners to be held at 35 . Lord Yarborough, in Exchange for Frontage Ground, to give in Ex- change certain Fitty Land to the Mayor and Burgeiles of — . 28 „ Corporation, to fell a certain Piece of Wade Land to George Robert Hcnage, Efq. — — — — ib. Gecrwe Teniiylbn, Efq. to be the Purchafer of the Coal Hill, and othtr Frontag,e Pieces, of the Mayor and Burgtffcs of — — 2g ^ Company, on Purchafe of certain Pieces of detached Land, to convey the fame to the Mayor and Bur^effes of — — ~~ 30 Shares maybe purchafed by the Mayor and Burgefles, and the Friendly Society of — — — — • — 50 Corporation Tolls to be extinguiflied — — — -64. Ten Acres allov/ed to be taiven for a Dock, of the Fitty Land in the Eail marfli Ciimmon Pafture in — — — 74 Certain Fart of fame Common may be leafed by the Mayor and Bur- geiles of — — — — — 77 .Gunpowder, isfc, to.be removed after a certain Time — — '80 may be landed on a Sunday without a Sufferance • — — Si Haven, notwithftandinc; PU'.n, may be made to admit Ships drawing 17 Feet Depth of Water, and for Two of 32 FeetBeam to pafs each other 25 .. Mailer to be appointed — — — — 66 - - for Mifbchaviour to be fubje£t to a Penalty or be removed — 78 ^ Veilbls funk in or off the, to be weighed at the Owner's -Ex- pence — — — ' — 79 Havea, INDEX. Haven, incumbered by f IJ Ships, fame to be removed — — 79 Timber not to be left, without Confent, more than 48 Hours in the 8d — — • Penalty on Perfons throwing iJallall into, or getting any near the Mouth ffthe — — — —82 and Drains, not to bo fubjcrt to the Controu! of any CvimmifKon of" bewers — — — — . — 84 Hull, favino; the Rij'iits of the Trinity Hoiife Corporation and Dock Coaipany or — — — — 89 Heiicagc, Geo. Robert Efq. empowered to tnke, at a certain Price, a Piece of Walte Land in the E^{\ Marfh Cummon Pafture — — 28 Jjjiie, General, may be pleaded by Defendant — — — 88 jury, to be impannclled by the Sheriff, wh.n required, to aOefs Damages, and to afceftain Rccompcnce where i^artics arc ablent, oruiiwiliiiig to treat — — — — 37 . ■ Verdidts of, to be recorded, and to be final and conclufive — io. . _ _ _ didiniUifli value of Land and Damages — — 38 - to liavc their Kxpeiices allowed, as fettled by the Coiiimifnoncrs — 39 . be fubjcft to a Penalty for Ddaulc — — • — 41 LaW;, Z.5II, Provifioti for Prevention of their being flooded — — 16 Lock, no Veflll to pafs without Confent, unlefs paying for Ten Tons — 56 Vefiels to become fiationary 200 Yards before they come to the — 78 Perfons liable to a Penalty on opening Sluices, or — — 82 AledingSi an Annual General one to be held on a Day certain — — 3 may be adjourned — — — — — ■ 10 — — of Committee to be held and adjourned — — '6 . the Firfl General one, if not Fifty Shares prefer.t, to be adjourned, ib. — — and if Icfs at Adjournment, then Adjournment /»//« y«6//« — 10 loft for Want of Aliendances, Proprietors to forfeit Ten bhillings per Share — — — — — ib. . Special General ones may be c;.lled by Tv/enty Proprietors of Fifty Shaies, but not to be held by lei's than Twenty Proprietors hold- in'T Sevcntv-iivc Shares — — — — ■ II . General, to be held by CommilTioncrs when required — — 33 may be called by Coinmiflioncrs, notwithftanding Adjournments — 34 > Notice to be given of — — — — ib. 1 of Company, Committee, and CommiiTioners, to be held at Great Gri.r.Puy — — — — — 3S Montage, may be made by Committee of Rates, for ralfing further Money — 5 1 -___-_ - Company, of burplus for raifing Money for mak- ing further Works — — — — — 72 Forms of — — — — — Q^ctlcq. — Aflignments of — — — 94. ct feq. Intercft to be firft paid of Money advanced on — — 52 to be entered by the Clerk — — — — 53' 73 jMo' tjiigtfs , empowered to afiign their Securities — — £2, 73 . iiuC to be deemed Pioprietors — — — — ib. NctUe, to be given cf Meetings — — — — '3+ i . - . _ - Appeal — — — — b7 . _ . . to Pcifons intcrtlKd, of Enquiry as to Damages — 37 CJJJccrs, to be appointed and difplaced by the Corr,pany, snd to give Security — — — — — 67, 'J • refufing to account, their Goods may be diftraineJ — — C3 ■ fomc may be removed by Committee — — — 6 b Psriiam:!:t, I N D E X. •"■"EC Parliament., Mi'joriiy cf t'c Company enabled, for making Navigable Conn- iTiUiiications with tlic Haven, &c, to apply to — — 84 Penalty, on Breach of Bye Law, not to exceed 40s. — — — 8> 75 • - - I'roprRtors, for Non-attendance, where Meetings are loft for Want of a fufKcient Number — — — 10 — — - - Corrniiffioners aftin^ unqualified — — — ^3 - - Sheriff, Jury, and Witnefs, for Default — — 41 of 5I. per Share for Negkdt of Payment for Two Months — — 48 - on Officers of the Cuftoms clearing Vcfleh before Duty paid — 56 — — - Perfons eluding Payment of Rates — — — 57 — — - Maliers of Veffels hindering the Collcdlor from meafuring the fame — • — — — — 58 I _______ rcfufing to give an Account of their Lading, or givi"g a falfe Account — — — — 59 - Perfons claiming Exemption where not entitled — — bj Cleik refufing Lilpe6lion of Boolcs — — — 69,77 _ _ - _ - to give up Books, &c. — — — 70 - Maficrs of Veflels not making them fiationary, or conforming to Haven Matter's Direflions — — — 78 ■ ■ . - Haven Mafter for Mifbehaviour — — — ib. ■ - Perfons getting Ballaft: near the Mouth of the Haven, or throwing Ballaft or Rubbiib into It, or cutting Ropes — ■ — '82 — — - Perfons opening Locks, Sluices, &c. — — — ib. Ptnahles, may be mitigated — — — — 86 . h'jvv to be recovered and applied ■ — ■ — ~" ^5 Plan, Three certified Copies thereof to be depofited for public Infpe£\ion — 24 • Redrii^iions as to Deviitions from — — — 25 I Deviations therefrom in certain Cafes to be allowed — — ib. . ■ any OmiiTion in the Book of Reference to the Plan, to be no Bar to the Undertaking — — — — 2/- P«r/, the Extent ff Grimfby to be afcertained — — — 88 Proceedings, of Committee, Companv, and Commiffioners, to be entered in a Book — — — — — 75 6g not to be quaflied for Informality, or removable — — 87 Proprietors, of certain Ground adjoining the Haven, may make Qiiays — ig - - Lands to make Bridges where Company ncglc£t — — 20 — — may alter Bridges at their own Expcnce, with Confent of the Com- mittee — — — — 2 1 labouring under legal Difabilities, enabled to fell or exchange — 27 Proxy, No Perfon to vote for more than Twenty Shares as — — 46 — — Form of — — • — , — ■ gz Furehafe Money, Sic. being paid or tendered by Company, 5ic. the Land to be vefted in 'hem — — — — •?! - - - - to be fettled by Com.miflioners or Jury — — 35 ct feq. — — _ - - - exceeding £. 20. for fettled Eftates, to be laid cut in Purthafe to the fame Ufes — — 4.I ■ _ _ _ . until fuch Purchafc can be made, to be placed in the Funds 42 - - - - _ how much thereof to be paid to Perfons having a particular Luereft, to be determined by Commillicners — 38 ^uays, the public one to extend from one Sluice Bridge to the other, and to be Twenty YrrJs in Width — — — J"] • Duties to be paid for landing Goods on the public — — 61 — — Goods, within a I'mited Time, to be removed from the — — ib. ^uays, may be made by Owners of certain Lands adjoining the Haven — 19 Ratesy INDEX. P-.J- Raits, Annua! Rents to be charged on the — — — 4j iinpofcd on the Tonnage of V'cl]tls, and certain Goods, &c. ^4etreq. to be paid upon Entry inwards and Clearance outwards — — 63 . where Payment eluded, Perfons to remain liable &c. — — 57 ■ not to be paid for Goods when re-fliipped — — — 63 Two Third Parts thereof to be allowed by the Merchant to the Mafter — — — — _ jb. . tr> be diftrained for on Non-payment — — — ^7 Exemptions thereof in certain Cafes — — . — 62 of Wharfage — — — — — 61 to be exempt from Parifh Rates when lefs than £. 5 ptr Cent. Dividend is paid — — — — — 64. . may be leafed, not exceeding Three Years — — 62 — — for Carriage of Goods from the Quays to the Town, and vice verfa, to be fixed by Committee — — — 66 — — in certain Circumflances, may be reduced by Commiflioncrs, inDcfault of the Company — — — — 75 Reference, the Undertaking not to be impeded by any Omiflion in the Bock Rents, Annual, charged on the Rates — — — 4.3 Seal, to be ordered and altered at General Meetings — — 4 Security, to be granted to Proprietors for every Share, and additional ones — 46 Forms of — — — — gz . worn out or deftroycd, new ones to be given — — 47 x—- to be given for profecuting Complaint, and payins; Cods — 39 . _ . - by certain Officers upon their Appointment — 07 Setvers, Haven nor Drains, &c. to be fubjeiSl to the Law of — 84. Shares, Money raifcd to be divided into numbered — — 45 every Perfon having one to be deemed a Proprietor, and vote fi.r every ^hare — — — — — ib. — — no Pcrfun to vote as Proxy for m'-rc than Twenty — — 46 . &ecuritie« to be given under the Coinmoii Seal for — — ib. C-tlls to be made by General Afilnibly or CoiTimittee for — 47 no Perfon to fell after Call made v/ithout firft paying — — 48 may be fued for upon Calls not beii-ig compli.d with — ■— ib. • not paid within Two Months after Call made, to be fubjetSl to Hve Pounds Penalty on each — — — — ib. to be f Tfeited, upon NegleiS of Payment for Six Months — ib. — — not to be forfeited unlefs fo dtclared at a General Meeting — ib. forfeited, to be a Difcharge to all Suits — — — 49 . Reprefentatives of Ow.ners indemnified for fatisfyint: Calls of — ib. Ownrrs dying without Aflets, or their Rtprefentatives neglect fatiify- ing Calls, Company may admit others — — — ib. . Proofs required, where by Death or Marriage a Right accrues to — ib. - m.iy be purchafod by tlie Mayor and BurgelTes ot Grimfby, and the Friendly Society there — — — — 5" Shir'.ff, upoi CommifTioners Warrant, to impannel a Jury — — 37 — — 'to be fubjei5t to a Penalty for NeglcJt — — — 41 Ships, vide rejjlls. Scii, &c. may be ufcd by the Owners of the Land, if not removed by the Company — — — • — — '5 Swplus, of Taxes, after paying Ten p-r Cent, to be applied in Dlfcharg;eof Arrearof Intfie!t,and then to be placed out at liitereft until a Fund of /. 2, TOO be railed — — — — 7' '^ Surplui^ INDEX. Surplus, may be applied by Company in making fii'ther Wotks — — yz . Company enabled to borrow Money on the Credit of — — ib. ' amounting to ^. ico per Annum, the Rates may b; reduced by the Company, or in their Default by the Commifiioners -~ ~~ 75 Tenser of Amends being made, &c. to preclude PlaintifF from recover'ng — 87 Tennyfon, Geo. Efq. to be the Purchafer of the Coal Hill, and other Frontage Pieces, of the Mayor and Burgefies of Grimfby — — 2g Timber, not to be Itfc in the Haver, longer than Foity-cight Hours — 80 Tells, of Grimfljy Corporation, to be extindt — — — 64. Toil, what fiiall be deemed a — — — — 55 Tonnage, on Coafters and Ships trading to Foreign Parts — — cj. - - Goods carried by Veffels navigating the Rivers Humber, Trent, and Ouze — — — __. cj - - Ships coming in Ballaft to be laid up — — in. — — of Veflcls how/ to ba af ertained — — — eg . Fxemptions fiom the Rates of — — — __ 52 ■ Merchanis to allow to the Mafter Two Third Parts of the Rates of 63 Treafurer, to be appointed to give Security, and account — — 67 Tunnels, Wf. to be made by Company to prevent the ObllruiStion of VVater- courfes — — — ^— — ig Tythes, Recornpence to be made for — -— — 43 Vejfds, fmall ones not to pafs the Lock without Confent, or paying for Ten — — Mafters of, not making them ftationary, or conforming to the Direc- tions of the Haven Tvlafler, to be fubjciSl to a Penalty — — 78 .-— funk, to be weighed by the Haven Maiter, at Owner's Expence — 70 . Owners of, anfvvcrable for Damages done by their Crews, from whom they may recover to the Extent paid for on their Account — . 83 — — Maftsrs of River, to give Account of Lading — __ jg what, to be exempt from Payment of Tonnage Rates — — 62 old ones incumbering the Haven to be removed .— __ yg not to have Fires on Board only within certain Hours , — -— 81 . - - be cleared till Certificate produced of Payment of Dues — 1:6 JVharfage, Duty of — — — — — 6t /^/K£^^, to be fummoned to attend — — — 37 i _ - . have their Expences allowed, as fettled by the Commifiioners 39 —— liable to a Penalty for Non-attendance, &c. — — 4.1 - giving falfe Evidence, to be profecuted for Perjury — — ib. Works, additional, may be made of Surplus Money or the Money to be raifed on Security thereof — — — — 72 Perfons bow to be punifhed for deflroying — — 84 Tarborough, Lord, to have certain Pieces of detached Frontage Ground in Exchange for certain Fitty Land — ■ — — ?8 — — his Beaconage Dues to be purchafed by the Company and extinguifhed 65 ( 91 ) The schedule Of the Jeveral FORMS mentioned and referred to in and hy tht preceding A£l, Form of CONVKVANCE to the Cumpanjf , in the County of 1 \or, we] A. B. of in Confideration of the Sum of to mc [or, us] paid [or, in Confideration of the Annual Rent of to me [or, us] to be hereafter yielded and paid] by the Grimjby Haven Company, Do hereby grant and relcafe to the faid Company, Ail [defcrihing the Premiffes to be conveyed'^ and all my [or, our] Right, Title, and Intereft in and to the fame, and every Part thereof. To hold to the faid Company for ever, by virtue and ac- cording to the true Intent and Meaning of the Afl of Parliament pafled for enlarging, altering, and improving of the faid Haven. In Witnefs whereof I [or, we] have hereunto fet my Hand and Seal [or, our Hands and Seals] this Day of in the Year of our Lord Form of CONVEYANCE between Lind Ovrn- in the County of I A. B. of in Confideration of the Sum of to me in Hand paid by C D. at or before the Sealing and Delivery of thefe Prefcnts, the Receipt whereof I do hereby acknowledge \_or, in Ex- change for certain Lands fituatcd conveyed to me by C. D. of in the County of by Writing under his Hand and Seal, bearing even Date herewith] Do hereby convey and affign to the faid C D. All [defcribe the Pre- tntJJ'es'^ To hold to the faid C. D. his Heirs and Alugns for ever. In VVitnefs whereof I have hereunto fet my Hand and Seal the Dav of in the Year of our Lord 1 AB. rm of PROXY". ( 92 ) A. B. of One of the Proprietors of the Grimjby Haven Navigation, do hereby nominate, conflitute, and ap- point C. H. of in the County of to be my Proxy, and in my Name and in my Abfence to vote and give my AfTent or Diflent to any Bufinefs, Matter, or Thing relating to the faid Navigation and Undertaking, that fhall be mentioned or propofed at any Meeting of the faid Haven Company, in fuch Manner as the faid C. H. fliall think proper, according to his [w, her] Opinion and Judgment, for the Benefit of the faid Navigation and Undertak- er any Thing appertaining thereto. Witnefs my Hand the Jig. Day of in the Year of our Lord Foiiu of ICVKlTYoi ngxtiiX Share. Grimfby Haven Company. A HESE arc to certify. That A. B. of is the Proprietor of the Share or Number being One Share of -the Grimjby Haven Navigation, fubjeft to the making more Shares of One hundred Pounds each, not exceeding the Number of One hun- dred fuch additional Shares, and to the Rules, Regulations, and Orders of the faid Company j and that the faid A. B. his [her, or, their] Exe- cutors, Adminiftrators [cr, SuccefTors] and Afligns, is and are entitled to the Profits and Advantages of fuch Share. Given under the Com- mon Seal of the faid Company, the Day of in the Year of our Lord Form of ECURITYof ditioBal Share. Grimfby Haven Company. 1. HESE are to certify, That A. B. of is the Proprietor of the Share or Number^ being One additional Share of One hundred Pounds in the Grimjby Haven Navigation, fub- jecl to the Rules, Regulations, and Orders of the faid Company ; and that the faid A. B. his [her, or, their] Executors, Adminiftrators [or, Succeflbrs] and Affigns, is and are entitled to the Profits and Advan- tages of fuch additional Share. Given under the Common Seal of the faid Company, the Day of in the Year of our Lord I A,B. ( 93 ) 9erm of TRANSFER of Shares. JL yf. B. of in Confideration of the Sum of paid to me by C. D. of Do hereby bargain, fell, aOlgn, and transfer to the faid C. D. his [her, or, their] Executors, Adminiftrators [or, Succcflbrs] and AfTigns Share [or. Shares] being Number in the Grimjby Haven Navigation, To hold to the faid C. D. his [her, or, their] Executors, Adminiftrators [or, SuccefTors] and Afiigns, fubjedl to the fame Rules and Orders, and on the fame Conditions on which I held the fime immediately before the Execution hereof; and I the faid C. D. Do hereby agree to accept of the faid Share [or. Shares] fiibjefb to the fame Rules, Orders, and Conditions. Wicncfs our Hands and Seals, the Day of in the Year of our Lord Form of MORTGAGE of Rates. W E, the Committee of the Grimjby Haven Company, by virtue of the Power and Authority to us given, in and by an Aft pafTed in the Thirty-fixth Year of the Reign of His Majefty King George the Third, for enlarging, altering, and improving the faid Haven, in Confidera- tion of the Sum of to us in Hand paid by E. F. of Do hereby bargain, fell, and transfer unto the faid E. F. his [her, or, their] Executors, Admini- ftrators [or, SuccefTors] and Afligns, All and Cngular the Rates and Duties arifing by virtue of the faid Aft, and alfo the faid Navigation and Undertaking, and all the Ellace, Right, Title, and Intereft of the faid Company in and to the fame refpeftively, To hold to the faid E. F. his [her, or, their] Executors, Adminiftrators [or, SuccefTors] and AfTigns, unrll the faid Sum of together with In- tereft for the fame, after the Rate of per Centum per Annum, Ihall be fully paid and fatisfied. Given under the Common Seal of the faid Company the Da) of in the. Year of our Lord Aa llor. C H ) It Farm of IGNMENT of tgage of Rates. I [or, We] of in the County of in Confideration of the Sum of paid by G. H. of Do hereby transfer and aflign a certain Mortgage made by the Committee of the Griwjby Haven Company, bearing Date on the Day of for fecuring the Principal Sum of with Intereft for the fame, and all my Right and Property in and to the faid Mort- gage, and the faid Principal Money and Intereft thereby fecured, unto and to the only proper Ufe of the faid G. H. his [her, or their] Executors, Adminiftrators [or, Succeflbrs] and Afligns. In Witnefs whereof I [or, we] have hereunto fet my Hand and Seal [or, our Hands and Seals] the Day of in the Year of our Lord :r Ferm of rPRTGAGE of Surplus. W E, the Grimjby Haven Company, by virtue of an Aft pafled in the Thirty-fixth Year of the Reign of His Majefty King George the Third, for enlarging, altering, and improving the faid Haven, in Confidera- tion of the Sum of Pounds to us in Hand paid by J. K. of in the County of Do hereby bargain, fell, and transfer unto the fiid J, K. his [her, or, their] Executors, Adminiftrators [or, Succeflbrs] and Afligns, All and fingular the Surplus or Excels of Revenue, or ocherwife, of the fevcral Rates or Duties arifing by virtue of the faid Aft, and alfo of the In- tereft of the feveral Sum and Sums of Money now due and owing, or beloneinf to us upon Government or any other Security or Secuiities, and ail our Right, Title, and Intereft in and to the fame refpeftively, after and fubjeft to the Payment and Difcharge of Ten Pounds per Centum ■per Anmnn upon the feveral and refpeftive Shares of and in the faid Navi2;ation, and alfo of all and every the feveral Annual or other Rents, Sum or Sums of Money, Dues and Payments charged upon the faid Rates and Duties, or otherwife due and payable by us in Refpeft of or on Account of the faid Haven, To hold to the faid J. K. his [her, or, their] Executors, Adminiftrators [Succeflbrs] or Afiigns, until the faid Sum of , Pounds, together with Intereft for the fame, after the Rate of per Centura per Mnnm, fhail be fully paid and fatisfied. Given under our Common Seal, the Day of in the Year of our Lord ll^r. / / ( 95 ) Fonn cF ASSIGNMENT of Mortgageot Surplus. I [or, We] of in the County of in Confideration of the Sum of paid by L. M. of Do hereby transfer and afiign a certain Mortgage, bearing Date on the Day of and made by the Grimjby Haven Company, of the Surplus of the Rates, Duties, and Monies vefted in or belonging to the faid Company, for fecuring the Principal Sum of Pounds, with Intereft for the fame, and all my Right and Property in and to the faid Mort- gage, and the faid Principal Money and Intereft thereby fccured, unto and to the only proper Ufc of the faid L. M. his [her, or, their] Exe- cutors, Adminiftrators \or, Succeflbrs] and AlTigns. In Witnefs whereof I [or, we] have fet my Hand and Seal [or, our Hands and Seals] the Day of in the Year of our Lord COMMISSIONERS OATH. 1, A. B. do fwear [or, being one of the People called Quakers do foleninly affirm] that I will, without Favour or Affeftion, truly and impartially, according to the beft of my Skill and Judgment, execute the Powers and Authorities vefted in me as a Commiflioner, by an Aft made in the Thirty-fixth Year of the Reign of His Majefty King George the Third [here Jet forth the Title of the All]. So help me GOD. CONVICTION. Be it remembered, That on the Day of in the Year of our Lord A. B. is convidted before me C. D. One of His Majefty's Juftices of the Peace for the Parts of LinJ/ey [or. Borough of Great Grinijbyl in the County of Lincoln [ffecifying the Offence, and the Time and Place when and wbeie committed, and the Fine, Penalty, or Forfeiture incurred, as the Cafe may be'\ contrary to an Acl of Parliament, pafTed in the Thirty-fixth Year of the Reign of King George the Third, intituled [here fet forth the Title of the AEl^ or, contrary to a certain Bye Law or Order of the Grimfl/y Haven Company, or, the Committee of the Grimfby tiavea Company [as the Cafe may ^f] by them made in purfuance or by virtue of the Powers and Authorities to them given and granted in and by an Act of Parliament, paiTed in the Thirty-fixth Year of the Reign of King George the Third, intitul'.-d \hlere fet forth the Title of the Aff.] Given under my Hand and Seal, the Day and Year firlt above-mentioned. AN FOK Widening, Deepening, Enlarging, Alter- ing, and Improving the Haven of the Town aad Port of Gnat Grimfiy^ in the County of Lineoln, 36 Geo. HI. 1796. 6?^ ft 5 ^. ^ J I'm-^ '^^1' .^WEUNIVfRJ/A ^lOSANCEia t - 1 1^^ v.^ ' ^ fc .vtnvAfr.Firr, CO .4^ % %^M;P.PiR"iV). ^^tllBRARYQ/ ^OJITVDJO"* :.0f TAIT^ *^ 'i -T' O — 9 .^r ^.i- 5 5= >&Aava3n-^\''^ ■■<2Sa ^^\^Hi■^IVEBy/4 ^lOSANCtlf ■^ ^\WE UNIVERJ/^. ■jjijjftv!,ov^^ ■^'^/iajAiNfi-j^v ^ ^l-W tSANCElfJ-y ^ C3, ^^WEIJNIVER% ^lOSANCElfj-^ - 3 SOV<^ %a3AINIl-3WV' vA^llRRARYQf. ^^^l■llBffARY' ,^,OF-rA!IFO/?,{> .hOFC- o (^'" t-5 ^5^HIBRARY0/: 'A, ?= s Mojito- jo'^ ^OFCA1IFO% > ^CAavnaniN'^ G>' ■''JSi3m-sov^"'" "- ■.sV-SOV'^'^'" JCElfjy 'fCEl^j-. '^ .^ ^•OFCAIIFO% ^lOSANCElfj-^ O , ,T J %a3AiNn]ftv is; ^yE•UNIVER5•//, '^: •^TiUDffVSOl^ ^■lOS-MEEfx o '^Aa3AlN(l-3WV' vWHi WlFl'MVfW//, ^tllBRARYO/ ^^^t•llBRARYQ^ Si ifTf 31 \r'\ 5 ^ c > > -< i^ lipid- - ■ UW3 i I Y J 3 -iHii;ii;i;ii;,;||ii,|j|j||j|||||| D 000 029 323 3 .,..,„> -<^ 3i^l m 'iaaAiNHJWV ~;;0f CAllfO/V #\ > ^.^' ^In'i ^'^ ^y. j^- >>A)ivjian-i^ ^Jju VNCflfj> 9 i < 3 .VlOSANCElfx> 5^^ >• so s^' u VOdlWD-ilO"^ .mwmv^ §■: JO z— ■5: ■ ■^ . inc.uirrirr '^Tff^i ■? ^ i^~ 5 ?,• ^( It tun\,'rnr, ■J u J ' V r 1 1 . 1 J I ^f; vlt lil'l\ TDP/. . irif I ■31 fi- 0= ^i fm I -, 5, *"%->' ■ ^tllBRARYQ^^ - ^ i? ^ ' ■ — ^ ■£ i ? =0 2 =■= "^/iajAiNn-awv^ .'^' %Oi\miQ ^■<^ ^4r ^ iJlll '^ ^■ ^mmm"^ -fj, ^OFCAllfOft if -^ > ^. ^OAavaaivi^ .\^i[ riur\/CDr/v rm^ i^^i g •aOSANCflfj> ■^aiAINftJWV^ . r 1 I n n I r. \ uu J I I T J J 1 1 iiiii\ irnr , ,'SOl^ IIr^s i^ \lOSANCElfj> o^^OFCAllFO/: Vi i^ rm>ii