James the Second, 1685: An Act for Cleareing p[re]serveing Maintaineing and Repaireing the Haven and Piers of Great Yarmouth. [Chapter XVI. Rot. Parl. nu. 16.]

Reciting the State and Danger of Ruin to the Haven and Piers of Great Yarmouth.

Whereas the Burrough of Great Yarmouth in the County of Norffolke is of great Importance as well for His Majestyes Service and Revenue as for the good of the whole Kingdome especially in the Preservation of the Fishery and the breeding and imploying many thousands of Skilfull Marriners and Seamen And the Haven and Piers of the said Burgh have beene of late much (more then heretofore) obstructed and ruined by Sands throwne up by the Sea in such sort as that the Benefit thereof must of necessity be lost (if not timely prevented) the great Charge of Clearing Preserveing Maintaining and repairing whereof the Maior Aldermen Burgesses and Commonalty of the said Burgh are in noe wise able to beare the said Corporation Antient Reall Estate, being neare Foure hundred pounds per Annum being sold and expended and they very much indebted by the great Charge of the Repaire thereof and the Powers of the former Acts of Parlyament concerning the same being now wholly determined To the end therefore that the said Haven and Piers may be Cleared Preserved Maintained and Kept in good Repaire

II. 12d. a Chalder of Coals, Last of Corn, Weigh of Salt, and Tun of other Merchandize, except Fish, to be paid by Masters of Ships, &c. as Mayor, &c. of Great Yarmouth shall appoint, for 14 Years, &c.

Bee it Enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament Assembled and by the Authoritie of the same That for Fourteene years and to the end of the next Session of Parlyament from and after the Twenty fourth day of July next ensueing there shall be paid by every the Master or other Person or Persons haveing the Rule and Command of any Shipp or Vessell unladeing or which shall unlade within the said Haven of Great Yarmouth or in the place in the Sea called Yarmouth Roade neare or adjoyning to the said Burgh extending from the South part of the Towne of Scratby in the County of Norfolke to the North part of the Towne of Corton in the County of Suffolke at the time of the unladeing thereof for the Goods hereafter mentioned (that is to say) for every Chalder of Coals (Winchester Measure) Last of Wheate, Rye, Barley, Malt and other Graine and for every Weigh of Salt and every Tun of any other Goods or Merchandizes whatsoever Fish onely excepted which shall be imported and unladen in the said Haven or Roade such Summe or Summes of Money not exceeding the Summe of Twelve pence of Lawfull Money of England as the said Maior Aldermen Burgesses and Commonalty in Common Councill Assembled shall from time to time Order or Appoint.

III. Mayor, &c. to appoint Collectors.

Collectors to pay Duties received to the Chamberlain of the said Borough.

And to the intent that the Summes of Money to be paid as aforesaid may be duely Collected and Levyed to the Use and Purpose aforesaid Bee it further enacted by the Authoritie aforesaid That it shall and may be Lawfull to and for the said Maior Aldermen Burgesses and Commonaltie in Common Councill Assembled from time to time and at all times hereafter dureing the said Terme of Fourteene yeares and to the end of the next Session of Parlyament to nominate and choose such Person or Persons to be Collector or Collectors Receiver or Receivers of every such Summe or Summes of Money as shall be Ordered or Appointed to be paid as aforesaid as they shall thinke fitt. All which Sums of Money the said Collector or Collectors Receiver or Receivers shall from time to time pay or cause to be paid into the Hands of the Chamberlaine of the said Burgh for the time being for the use of the said Maior Aldermen Burgesses and Commonalty for the use intent and purpose aforesaid and to none other use intent or purpose whatsoever

IV. Duties to be employed for preserving the Haven, &c. Eight Commissioners appointed Mode of Appointment of such Commissioners.

Five or more of the said Commissioners may call Collectors before them; Collectors to render Accounts to them; Commissioners to direct the Application of the Monies appearing due; Mayor to administer Oath to Collectors.

And to the intent that all and every the Summe and Summes of Money which shall be Collected and Levyed by vertue of this Act may be imployed for the Clearing Preserving maintaining and keeping in Repaire of the said Haven and Piers Bee it enacted by the Authoritie aforesaid That there shall be Eight or any Five of them Commissioners nominated and appointed to have the Inspection and take the Accompt of the Receipts and Disbursments of all such Moneys as shall be soe collected and Levyed dureing the Terme aforesaid two of which said Com[m]missioners shall be yearely and every yeare from time to time nominated and appointed by the Maior Aldermen Burgesses and Commonalty in Common Councill Assembled and other two of the said Eight Commissioners shall be in like manner nominated and appointed by the Maior Aldermen and Commons of the City of Norwich in Common Councill Assembled and other two of them shall be in like manner nominated and appointed by the Justices of the Peace for the said County of Norffolke and the other two of them shall be in like manner nominated and appointed by the Justices of the Peace for the County of Suffolke at the respective Sessions of the Peace to be holden for the said Countyes of Norffolke and Suffolke respectively which said Commissioners or any five or more of them shall and may from time to time dureing the said Terme call before them the Collectors Receivers and others who shall from time to time be intrusted with the Collection Receipt or Imployment of the Moneys to be Collected and Received in pursuance of this Act who shall and are by vertue of this Act required to render unto the said Commissioners or any five or more of them a true Accompt thereof and of all and every Summe and Summes of Money which shall rest due upon such Accompt and the said Commissioners or any five or more of them shall and may order and appoint all such Moneys as shall rest due upon such Accompt to be laid out and expended for and towards the uses and purposes aforesaid as there shall be cause And the Maior of the said Burgh for the time being is hereby Enabled and Required to Administer an Oath to every such Collector or Collectors Receiver or Receivers as shall be nominated and chosen as aforesaid for the true and faithfull executing his or their Office in and about the Premisses according to the true intent and meaning of this present Act

V. Allowance to Collectors.

Provided That the said Collector and Collectors Receiver and Receivers to be nominated and chosen as aforesaid and every of them shall from time to time be allowed for their Paines in Executeing the said Office out of the Sums of Money by him received soe much as the said Maior [Aldermen (fn. 1) ] Burgesses and Commonalty in Common Councill Assembled shall thinke fitt not exceeding Two pence in the pound

VI. Collectors &c. may enter and search Ships.

If Duties not paid by Master of Ships; Collectors, &c. may distrain Ship, &c. by Warrant from Mayor, &c; Upon Ten Days' Neglect of Payment, Collector may sell Distress; Money arising therefrom how applied; Overplus rendered to Master, &c. of Ship.

And bee it further Enacted by the Authoritie aforesaid That it shall and may be Lawful to and for the said Collector and Collectors Receiver and Receivers for the time being and every or any of them from time to time and at all convenient and seasonable times to enter into any Shipp or Vessell within the said Haven and Roade or either of them there to see and informe him [and (fn. 2) ] themselves what Goods shall be in the same unladen out thereof And in case the said Summe or Summes of Money soe Ordered or appointed to be paid as aforesaid shall not be paid by the Master or other person or persons haveing the Rule and Command of any Shipp or Vessell unladeing as aforesaid according to the true intent and meaning of this Act That then and soe often it shall and may be Lawfull to and for the said Collector and Collectors Receiver and Receivers and every or any of them by Warrant obtained from the Maior of the Burgh of Great Yarmouth aforesaid for the time being under his Hand and Seale to take and destraine every such Shipp or Vessell and all Tackle Apparell and Furniture thereto belonging or any part thereof and the same to detaine and keepe untill he or they be satisfyed and paid the said Summes of Moneys and every of them And in case of neglect or delay of or in payment of the said Summe or Summes of Money or any of them or any part thereof within ten dayes next after any Distresse or Distresses soe taken as aforesaid That then it shall and may be Lawfull to and for the said Collector and Collectors Receiver and Receivers and every or any of them to sell the said Distresse or Distresses soe taken and therewith to satisfie him or themselves as well for and concerning the said Duty soe neglected or delayed to be paid and for which any Distresse or Distresses shall be soe taken as aforesaid and alsoe for his and their reasonable Charges in takeing or keeping of such Distresse rendring to the Master or other Person haveing the Rule or Command of the Shipp or Vessell of in or from which such Distresse shall be soe taken the Overplus if any there shall be.

VII. Proviso respecting Fish Oils and Fish Livers obtained on Fishing Voyage; and Maintenance for Seamen.

Provided alwayes and bee it enacted by the Authoritie aforesaid That such Fish Oyls and Fish-Livers as shall be obtained in and upon any Fishing-Voyage or Voyages and such remainder of Salt Bread Beere and other Provision as shall be taken into any Shipp or Vessell for accomplishing any Fishing-Voyage or Voyages or into any Shipp or Vessell for the maintenance of the Master and Marriners serveing therein upon [any (fn. 3) ] Voyage or Voyages to be made with such Shipp or Vessell and not spent therein shall be exempted from the payment of the said Duty any thing herein contained to the contrary thereof notwithstanding.