William III, 1696-7: An Act for the Repaire of the Peers of Bridlington al[ia]s Burlington in the East-Riding of the County of York. [Chapter XXIX. Rot. Parl. 8 & 9 Gul. III.p.10.nu.2.]

A Farthing per Chaldron on Coals loaden at New-castle, &c. to be paid till 1st May 1704, for rebuilding Burlington Pier.

Commissioners to receive the same; Masters of Ships, &c. to pay where the Coals are loaden, before proceeding on Voyage; Receiver's Receipt, without Fee, to be a Discharge.

Whereas the Bay of Bridlington al[ia]s Burlington in the East-Riding in the County of York is a spacious safe and secure Bay for his Majesties and all other Ships or Vessells trading or sailing upon that Coast or to or from the Northward & the Port or Peer of Bridlington alias Burlington (while it was in repaire) was of great Use and Advantage to his Majesties and other Ships passing to or from the Northwards or trading upon that Coast for their necessary Supply of Fresh Water Victuals and Provision of all sorts Security of Ships in time of Warr as also from Storms the Exportation of Corne and Graine (the adjacent Parts being a greate Corne Country) and of other manufactured Co[m]modities and also absolutely necessary for the Herring Fishing a great part of which Peer in the begining of November One thousand six hundred ninety six by violence of Storms and raging Seas was throwne downe and the remainder thereof (if not timely prevented) in i[m]minent Danger of being utterly ruined and the whole Port or Peer utterly lost & thereby the said Port and Bay become of little or no Use for remedy whereof & to the intent so useful and necessary a Bay and Port of so publick Benefitt to this Nation may be preserved Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by Authority of the same That from and after the First Day of May One thousand six hundred ninety seven and before and until the First Day of May in the Yeare of our Lord One thousand seven hundred and foure the several Duties herein after mentioned shall be paid for the rebuilding repairing & amending the said Port or Peer to witt One Farthing for every Chaldron of Coals that shall be loaden on board any Shipp Hoy Bark or other Vessell att or in the Port of Newcastle upon Tyne or att Sunderland Blythe [Sutton (fn. 1) ] Sluce Culler Costs or any other Port Harbour Colliery or Place that is or is reputed to be a Member of the said Port of Newcastle upon Tyne dureing the Terme aforesaid which said Duties and Payments dureing the Terme aforesaid shall be answered and paid unto Arthur Lord Viscount Irwin of the Kingdome of Scotland Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t: Quintin Baronetts Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Knights Ralph Wharton John Buck Robert Mounckton Hugh Bethell Robert Bierly Charles Osborne Esquires and the Wardens of Trinity house att Hull for the time being and the Survivor and Survivors of them and the Executors & Administrators of such Survivor or to their Deputy or Deputies Officers or Assignes thereunto appointed or constituted by some Writing under their Hands and Seales or under the Hands and Seales of the major part of them by every Master or other Person taking Charge of any Shipp or Vessell whereupon such Coals shall be loaden before any such Shipp Hoy Barque or other Vessell so loaden shall proceed in any such Voyage the said Duties to be paid att such place & places in or neare the place where such Shipp Hoy Barque or other Vessell shall take on board and lade such Coals as by the said Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t. Quintin Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Bierly Charles Osborne and the Wardens of Trinity-house att Hull for the time being or the major part of them shall from time to time be appointed for the Receipt thereof whereupon the Party appointed to receive the same shall without Delay Fee or Reward deliver a Receipt thereof under his Hand to the Person or Persons who shall pay the said Imposition or Duty which Receipt for so much shall be a sufficient Discharge.

II.

Officers of the Customs not to discharge any Ship, &c. loaden with Coals, until Duties paid, and a Receipt shewn for the same.; Penalty £50 .

And to the end the said Duties may be truely answered and paid Be it further enacted by the Authority aforesaid That no Customer of his Majesties Customs Comptroller Receiver of Entries of Shipps Surveyor Searcher Waiter or other Officer whatsoever of or concerning the said Customs att or within the Ports Harbours Roads Greeks or Places aforesaid dureing the Terme and Time hereby granted shall take any Entries or give or make any Cockett or other Discharge for any Shipp Hoy Barque or other Vessell so loaden with Coals as aforesaid att or in any of the Ports Havens Roads Creeks or Places aforesaid until the Duties and Payments hereby granted due and payable by the Master or other Person taking charge of any such Shipp Hoy Barque or Vessell according to the Tenor and true Meaning of this Act shall be paid unto the respective Deputies or Assignes appointed to receive the same as aforesaid and such Masters or other Persons taking charge of such Shipp Hoy. Barque or other Vessell do produce and shew forth a Receipt or Acquittance under the Hand of such Deputy or Officer testifying the Receipt thereof and that every Customer Collector Comptroller Receivor of Entries of Shipps Surveyor Searcher Waiter or other Officer of or concerning the said Customs making default in any of the Premisses enjoyned them by this Act shall forfeit the Summ of Fifty pounds unto the said Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t Quintin Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Bierly Charles Osborne & the Wardens of Trinity house att Hull for the time being and the Survivors & Survivor of them and the Executors and Administrators of such Survivor to be recovered together with their Costs of Suit in any of his Majesties Courts of Record by Action of Debt Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed.

III. Commissioners may appoint Inspectors.

Their Powers.

And be it further enacted That it shall and may be lawfull to and for any Person or Persons by Warrant under the Hands and Seales of the said Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t. Quintin Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Ralph Wharton John Buck Robert Monckton Hugh. Bethel Robert Bierly Charles Osborne and the Wardens of Trinity house att Hull for the time being or the major of them or of the Survivors of them to goe on board any Shipp Hoy Barque or any other Vessell laden or to be laden with Coals att or within any of the said Ports Havens Roads Creeks or Places aforementioned and to inspect and take an Account of the loading of such Coals.

IV. Monies raised by this Act, after Allowance for Collection, to be laid out for repairing the said Pier.

A Book to be kept for entering all Monies received and paid; Quarter Sessions for the East Riding of Yorkshire once a Year, may inspect the Book, and make Order for the better Management of the Duties; Not observing such Orders,; Penalty.

And be it further enacted by the Authority aforesaid That all and every such Su[m]m and Su[m]ms of Money which shall be raised and received by the Duties aforesaid and recovered for any the Forfeitures in this Act appointed (other than so much thereof as shall be laid out or allowed for the collecting the said Duty not exceeding Six pence in the Pound) shall be by the said Arthur Lord Viscount Irwing Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t. Quintin Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Bierly Charles Osborne and the Wardens of Trinity-house att Hull for the time being and the Survivors and Survivor of them and the Executors or Administrators of such Survivor applied and disposed unto the rebuilding repairing and amending the said Port or Peer of Bridlington al[ia]s Burlington and there shall from time to time be provided and kept by the said Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t. Quintin Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Bierly Charles Osborne and the Wardens of Trinity-house att Hull for the time being and the Survivors and Survivor of them and the Executors and Administrators of such Survivor or by their Deputy or Deputies in that behalfe appointed one or more Books in which all Money to be received by virtue of this Act and all Payments and Disbursements out of the same shall from time to time be fairely sett downe and entred expressing the time when and the Name of the Person or Persons from or to whome the same were so received paid or disbursed and for what use or purpose such Payment or Disbursement was made and that once in every Yeare the Justices of Peace for the East-Riding of the County of York att their General Quarter Sessions for the said East-Riding shall & may if they see cause order the said Book or Books to be brought before them & shall and are hereby impowered to inspect the same and examine how the said Duties have been answered & imployed and upon any misimployment of the said Duties or any part thereof or other Miscarriage in any of the Officers or Persons intrusted or imployed in the collecting receiving paying disbursing or imploying any of the said Duties to make and give such Orders Rules and Directions for the better management and disposeing of the said Duties for the purpose aforesaid according to the true intent and meaning of this Act as they shall think most conducing to that end which Orders Rules & Directions shall be observed by all Persons conc[er]ned in such Receipt Payment or Management upon such Penalties not exceeding One hundred pounds as shall be sett by the said Justices to be levied upon the Goods and Chattells of the Offenders by Warrant from the said Justices.

V.

Commissioners may convey the Duties as Security for Money borrowed.; The said Money to be employed upon the Pier.

And forasmuch as the Money to be raised by the Duties aforesaid will not of a long time raise such a Stock or Su[m]m of Money as may be sufficient for the effecting the ends and purposes of this Act be it therefore enacted That the said Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t. Quintin Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Bierly Charles Osborne and the Wardens of TrinityHouse att Hull for the time being or the greater Number of them that shall be then living shall be and are hereby impowered by Indenture under their Hands and Seales to convey and assure the Duties granted by this Act or any part or parts thereof as a Security for any Su[m]m or Su[m]ms of Money by them to be borrowed for the ends and purposes of this Act to any p[er]son or persons that shall or will advance any Su[m]m or Su[m]ms of Money upon such Security all which Money so to be borrowed shall be imployed for and towards the rebuilding repairing and amending the said Port or Peer of Bridlington al[ia]s Burlington according to the true intent and meaning of this Act.

VI. In Action for executing Act General Issue may be pleaded.

Double Costs.

Provided always and be it enacted That if any Action or Suit shall be brought or co[m]menced against any Person or Persons for any matter or thing co[m]mitted done or executed by virtue of this Act or any Clause or Article herein contained that then and in every such Case the Defendant or Defendants in any such Action or Suit may plead the General Issue, of Not Guilty and give this Act and the special Matter in evidence att any Tryal thereupon to be had and if a Verdict shall passe for the Defendant or Defendants in such Action or the Plaintiff or Plaintiffs shall be nonsuit or discontinue his or their Action after the Defendant or Defendants appearance such Defendant or Defendants shall recover double Costs to be awarded by the Court wherein such Action shall be brought for his or their wrongfull Vexation in this behalfe.

VII. Recital of Grant of Manor of Burlington to John Earl of Holderness, by Letters Patent 20th Sept. 21 Jac.I.

Commissioners to survey and inspect the Repairs of the said Pier, and certify to Quarter Sessions, who are to assess the Lands mentioned in the said Grant; and on Non-payment; Distress; Receivers accountable to the Quarter Sessions.

And⁷ whereas King James the First by his Letters Patents bearing date the Twentieth Day of September in the Twenty first Yeare of his Reigne did give and grant the Manour of Bridlington alias Burlington in the County of York to John Earle of Holdernesse his Heires and Assigns for ever under the Rents and Covenants therein reserved and expressed and the said John Earle of Holdernesse for himselfe his Heires and Assignes did covenant and grant that hee and they from time to time att their owne Costs and Charges should well and sufficiently build repaire and uphold the Port or Peer of Bridlington alias Burlington aforesaid and all Walls Jettyes Sluces Sockers and Locks thereof for the better preservation of all Shipps and other Vessells which should come to the said Port or Peer and that the King his Heires and Successors from thenceforth should be acquitted exon[er]ated & indempnified from all Expences and Costs thereon to be [exended (fn. 2) ] for ever as by the said tres Pattents more att large may appeare to the end therefore the said Port Peer Walls Jetteys Sluces Sockers and Locks may be the better rebuilt repaired and maintained for the future and that the Rents Issues and Profitts of the said Mannor of Bridlington alias Burlington may be so applied Be it further enacted by the Authority aforesaid That from and after the First Day of May One thousand six hundred ninety seven the said Arthur Lord Viscount Irwin Sir Griffith Boynton Sir Charles Hotham Sir William Strickland Sir William S^t. Quintin Sir Michael Wharton Sir Matthew Peirson Sir William Hustler Sir Richard Osbaldeston Ralph Wharton John Buck Robert Monckton Hugh Bethell Robert Bierly Charles Osborne Esquires and the Wardents of Trinity-house att Hull for the time being or any three or more of them shall have Power from time to time to survey examine & inspect the sufficient Building and Repaires of the said Peers Walls Jetteys Sluces Sockers and Locks and the State and Condition of the same to certifie in writing under their Hands to the said Justices att their said General Quarter Sessions who are hereby impowered to charge the several Lands specified in the said Grant with such equal Sesse or Assessments from time to time as they shall judge sufficient and necessary for repaire of the same and in default of Payment thereof it shall be lawfull for such Person or Persons as shall be authorized and appointed to receive the same by Warrant under the Hands and Seales of any three or more of such Justices of the Peace att the said General Quarter Sessions to distraine the Person or Persons so refuseing by his or their Goods or Chattells and the Distresse so taken to keep by the space of Foure Days att the Costs and Charges of the Owners thereof and if the said Owners doe not pay such respective Sess or Assessment within the space of Foure Days then the Distresse so taken to be appraised by two or more of the Inhabitants where the said Distresse is taken and there to be sold by the Person or Persons so impowered for the Payment of the said Sess or Assessment and the Overplus coming by the Sale (if any be) over and above the Charges of taking & keeping the said Distresse to be i[m]mediately restored to the Owner thereof and the Persons so authorized to receive the said Sess or Assessment shall give Security to be accountable from time to time to the said Justices att the General Quarter Sessions for the due Application of the same.