William III, 1698: An Act for the clearing repairing preserving and maintaining the Haven and Piers of Great Yarmouth in the County of Norfolke. [Chapter V. Rot. Parl. 10 Gul. III. p. 1. n. 5.]

Reasons for passing this Act

After the 24th July 1699, Duties to be paid for Goods unladen within the Haven of Great Yarmouth, as herein mentioned, for 21 Years, &c.

Whereas the ancient Borough of Great Yarmouth in the County of Norfolke bordering upon the Sea hath by long Experience been found to be of great Importance for advanceing His Majesties Service and Revenue Trade in generall more especially the Fishery and for breeding and imploying many thousands of skilfull Mariners and Seamen And whereas the Haven and Piers belonging to the said Borough have been of late much more than heretofore and still continue obstructed by sands throwne up by the Sea in such sort as the Benefitt accrewing thereby must be wholly lost if not prevented and preserved by daily clearing repairing and maintaining the same the great and unavoydable Charge whereof being insupportable by the Inhabitants of the said Borough they the said Inhabitants from time to time have been aided and relieved by severall successive Acts of Parliament And whereas the Powers and Authorities of the last Act made and ordained for and concerneing the said Haven and Piers in the First Yeare of the Reigne of the late King James explained and made more effectuall in the First Yeare of the Reigne of His present Majesty and the late Queene are well nigh determined and expired and unlesse renewed and continued the said Haven and Piers must inevitably fall soone into irreparable Decay and the Harbour soe beneficiall become inaccessible to the great Detriment of His Majesty and His Kingdoms Trade in generall utter ruine and impoverishing of the said Inhabitants and adjacent Counties For preventing whereof and to the end the said Haven and Piers may be cleared maintained kept in good repaire and preserved and the Channell of that Part of the River leading from Great Yarmouth aforesaid to the City of Norwich called Brayden depthned and made more navigable for Boats and Keeles usually passing the same and Timber and other Materialls for that Purpose provided and furnished from time to time as occasion shall require Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth Day of July which shall be in the Yeare of our Lord One thousand six hundred ninety nine for One and twenty Yeares and to the end of the then next Session of Parliament there shall be paid by every the Master or other Person or Persons having the Rule and Command of any Ship or Vessell unlading or which shall unlade within the said Haven of Great Yarmouth or in the Place in the Sea called Yarmouth Road neare adjoyning to the said Borough extending from the South Part of the Towne of [Stratby (fn. 1) ] in the County of Norfolke to the North Part of the Towne of Corton in the County of Suffolke at the time of the unlading thereof for the Goods hereafter mentioned (that is to say) For every Chaldron of Coals Winchester Measure Last of Wheat Rye Barley Malt and other Graine and for every Weigh of Salt and every Tunn of any other Goods or Merchandizes whatsoever (Fish only excepted) which shall be imported or unladen in the said Haven or Road such Sum or Sums of Money not exceeding the Sum of Twelve Pence of lawfull Money of England as the Bayliffs Aldermen Burgesses and Commonalty of the said Borough in Common Councill assembled shall from time to time order and appoint

II. Corporation, during the said, Term, may nominate Collectors of the said Duties;

who are to pay the same, when received, to the Chamberlains of the Borough, or as the Corporation shall appoint.

And to the Intent that the Sums of Money to be paid as aforesaid may be duely collected and levied to the Use and Purpose aforesaid Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Bayliffs Aldermen Burgesses and Commonalty in Common Councill assembled from time to time and at all times hereafter during the said Terme of One and twenty Yeares and to the end of the then next Session of Parliament to nominate and choose such Person or Persons to be Collector or Collectors Receiver or Receivers of every such Sum or Sums of Money as shall be ordered or appointed to be paid as aforesaid as they shall think 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 Chamberlains of the said Borough for the time being or into the Hands of such other Person or Persons as the said Bayliffs Aldermen Burgesses and Commonalty in Common Councill assembled shall direct and appoint for the Use of the said Bayliffs Aldermen Burgesses and Commonalty for the Intent and Purpose aforesaid and for no other Use Intent or Purpose whatsoever

III. Twelve Commissioners appointed to inspect the Accounts of Receipt and Disbursement of the said Duties.

The said Commissioners may summon Collectors, &c; Collectors to account to them; Commissioners may order the Expenditure of Money appearing due upon the Accounts.; Collectors to be sworn; Allowance to Collectors, &c.

And to the Intent that all and every the Sum and Sums of Money which shall be collected and levied by; virtue of this Act may be imployed for or towards the repaireing the said Havens and Piers and depthning the Chanell aforesaid Be it enacted by the Authority aforesaid That there shall be Twelve Commissioners appointed and nominated to have the Inspection and to take account of the Receipts and Disbursements of all such Money as shall be soe collected and levied during the Terme aforesaid Three of which shall be yearely and every yeare from time to time nominated and appointed by the said Bayliffs Aldermen Burgesses and Commonalty of the said Borough in Common Councill assembled and other Three of the said Twelve Commissioners to be in the like manner nominated and appointed by the Mayor Sheriffs Citizens and Commonalty of the City of Norwich in Common Councill assembled and other Three of the said Twelve Commissioners to be in like manner nominated and appointed by the Justices of the Peace for the said County of Norfolke and other Three of them to 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 Counties of Norfolke and Suffolke respectively which said Commissioners or any Number of them Five being of the Counties of Norfolke Suffolke and City of Norwich shall and may from time to time during the said Terme call before them the Collectors Receivers or others who shall be intrusted with the Collection Receipt or Imployment of the Monies to be collected and received in pursuance of this Act who shall and are by virtue of this Act required to render unto the said Commissioners or any Number of them Five being of the Counties of Norfolke Suffolke and City of Norwich a true Account thereof and of all and every Sum and Sums of Money which shall rest due upon such Account And the said Commissioners or any Number of them Five being of the Counties of Norfolke Suffolke and City of Norwich shall and may order and appoint all such Moneys which shall rest due upon such Account to be laid out and expended for and towards the Uses and Purposes aforesaid as there shall be cause And the Bayliffs of the said Borough for the time being or one of them are 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 Provided that the said Collector or 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 executing the said Office out of the Sums of Money by them received soe much as the said Bayliffs Aldermen Burgesses and Commonalty in Common Councill assembled shall think fitt not exceeding Six Pence in the Pound

IV. Collectors may enter Ships, &c. and view Goods on board.

If Duties not paid, Collectors, with Warrant, may distrain Ship, &c; and if further Neglect of Payment for Ten Days after Distress, may sell, &c.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull 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 Ship or Vessell being within the said Haven or Road or either of them there to see and informe themselves what Goods shall be in the same unladen out thereof And in case the said ( (fn. 2) ) Sum or Sums 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 Ship or Vessell unlading within the said Haven or Road as aforesaid according to the true Intent and Meaneing 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 Bayliffs of the said Borough of Great Yarmouth for the time being or one of them under their or one of their Hands and Seales to take and distraine every such Ship or Vessell and all Tackle Apparell and Furniture thereunto belonging or any part thereof and the same to detaine and keepe untill he or they be satisfied and paid the said Sums of Money and every of them And in case of neglect or delay of or in the Payment of the said Sum or Sums of Money or any of them for Ten Daies 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 Duty soe neglected or delayed to be paid and for which a Distresse shall be soe taken as aforesaid as alsoe for his and their reasonable Charge in the takeing or keeping such Distresse rendring to the Master or other Person having the Rule and Command of the Ship or Vessell in or from which such Distresse shall be soe taken the Overplus if any there shall be

V. Fish Oils and Livers taken in Voyage and Remainder of Provisions exempt from Duty.

Provided alwaies and be it further enacted by the Authority aforesaid That such Fish Oyle Fish Livers as shall be obtained in and upon any Fishing Voyage or Voyages and such Remainder of Salt Bread Beer and other Provision as shall be taken into any Ship or Vessell for accomplishing any Fishing Voyage or Voyages or into any Ship or Vessell for the Maintenance of the Master and Mariners serving therein upon any Voyage or Voyages to be made with such Ship or Vessell and not spent therein shall be exempted from the Payment of the said Duty Any thing herein contained to the contrary thereof in any wise notwithstanding

VI. By whom, and when Commissioners for Norfolk and Suffolk named; and they and the Commissioners named by Norwich, on Notice, are to meet at Great Yarmouth yearly for the Execution of this Act; If they, or Five of them, do not meet, Corporation may execute Act.

And be it further enacted by the Authority aforesaid That the Commissioners for the Counties of Norfolke and Suffolke shall yearely and every Yeare during this Act be nominated at the Generall Quarter Sessions of the Peace to be respectively holden for the said Counties next after the Feast of the Epiphany and that they and the Commissioners to be nominated by the City of Norwich shall within Six Weekes or before the Tenth Day of March next following after such their Nomination and after Fourteene Daies notice at least given to the Bayliffs of Great Yarmouth aforesaid for the time being or one of them in Writing from any Two of the respective Commissoners to be nominated by the respective Counties and City yearly and every Yeare meete at Great Yarmouth aforesaid and putt in Execution such Powers and Authorities as are herein given to them And in case they or Five of them shall not soe meet and execute the Powers and Authorities herein given them that then in that Yeare and every succeeding Yeare during this Act in which they or Five of them the said Commissioners for the said Counties and City shall not soe meete It shall and may be lawfull for the said Bayliffs Aldermen Burgesses and Commonalty in Common Councill assembled to execute or direct the putting in Execution the Powers and Authorities herein given to them the said Commissioners of Norfolke Suffolke and City of Norwich or any Five of them and all other the Powers and Authorities of this Act Any thing herein contained to the contrary notwithstanding

VII. Corporation may put in and displace Collectors and other Officers; and direct Payment of Monies for Materials, Wages of Workmen, &c.; and inspect Accounts and summon Collectors, &c.;

Collectors to account to Corporation, and in default Bailiffs may distrain, &c; If no Distress, Imprisonment; Corporation answerable for Monies collected by Collectors nominated by them.

And be it further enacted That it shall and may be lawfull to and for the said Bayliffs Aldermen Burgesses and Commonalty in Common Councill assembled from time to time and as often as they shall thinke fitt to putt in place displace or remove any Collector Receiver Officer Overseer Workman or Labourer that now is or hereafter shall be imployed in any Worke or Imployment in or about the said Haven Piers or Channell and from time to time to dispose of order and direct Payment of such Sum and Sums of Money ariseing by this Act for Materialls Workmens Wages or otherwise for maintaining repairing and preserving the said Haven and Piers or depthning the said Channell as occasion shall require And alsoe to inspect and take Accounts of the Collections Receipts and Disbursements of all such Monies as shall be collected and levied by virtue of this Act And to call before them the Collectors Receivers and others who shall be intrusted with the Collection Receipt or any Imployment of the Monies to be collected and received by this Act who are hereby required to render to them or to such as they shall direct to inspect or take such Accounts a true Account thereof And in case they or any of them shall be found in Arreare or refuse to account that then it shall and may be lawfull to and for the said Bayliffs or One of them by Warrant under their or One of their Hands and Seales to levy by Distresse and Sale of the Goods and Chattells of such Person or Persons soe refuseing to account and who shall be charged with Monies in his or their Hands or in Arreares as aforesaid such Sum and Sums of Money as he or they shall be soe charged with rendring the Overplus and for want of such Distresse by like Warrant under Hand and Seale of both or one of the said Bayliffs to committ such Person or Persons to the common Goale of the Borough of Great Yarmouth aforesaid untill such time as he or they shall account and pay or secure to be paid such Sum or Sums of Money as he or they shall be respectively charged with And that the said Bayliffs Aldermen Burgesses and Commonalty shall answer and make good such Monies as shall be collected or levied and paid into the Hands of any Collector Receiver or Receivers by them to be nominated

VIII. If upon Information or View, Five of the Commissioners for Norfolk, Suffolk, and Norwich shall think new Works necessary, they may contract for the same; and upon Performance of Contracts may order Payment.

And it is hereby further enacted by the Authority aforesaid That if upon Information View Examination and good Advice to be had and taken at any time during this Act by Five of the said Commissioners to be nominated for the Counties of Norfolke Suffolke and City of Norwich at any Meeting at Great Yarmouth aforesaid It shall be found necessary to erect any new Worke or Works by building or further carrying into the Sea the said Pier or Piers or depthning the Haven that then it shall be lawfull for them to contract and agree with any skilfull Person or Persons for accomplishing the same And upon performance of such Contracts and Agreements that then the Sum or Sums of Money contracted for shall be paid by the Receiver or Receivers out of the Duties ariseing by this Act to such Person or Persons as the said Commissioners by Writing under their Hands shall appoint

IX. Commissioners for the Borough may join in executing Act.

Provided alsoe and be it likewise enacted by the Authority aforesaid That it shall and may be lawfull for such Commissioners as are herein directed to be nominated and appointed by the said Bayliffs Aldermen Burgesses and Commonalty aforesaid or any of them from time to time at any Meeting during this Act joyntly to sett vote consult and Act in the executing of all and every the Authorities and Powers hereby given to the Commissioners by this Act to be appointed or any Five of them if they the said Commissioners to be appointed for the said Borough or any of them shall soe thinke fitt Any [thing (fn. 3) ] in this Act to the contrary notwithstanding.