WHEREAS the several Avenues to the South side of the Dock or Bason (sic) and legal Quay in Kingston upon Hull, in the County of the same Town, are circuitous and inconvenient to many of the Merchants and other Perfons having Occafion to report thereto; and many of the Houses and Buildings in Mughouse Entry and White Dog Entry in the said Town, and certain Places contiguous thereto, are in ruinous State and Condition, and the taking down of the faid Houses and other Buildings in the said Entries and Places contiguous thereto, and laying out and making a new Street from Whitefriar Gate to the South End of Quay Street, would not only be of great Convenience to the Inhabitants of the faid Town, but to the Public in general;

AND WHEREAS Sir Henry Etherington, Baronet, John Alderson, M.D., Anthony Atknison, William Bell, George Bielby, William Watson, John Boyes, Robert Carlile Broadley, Thomas Clarke, Clerk, Edward Foster Coulson, Thomas Dikes, Clerk, Gardiner Eggington, Joseph Eggington, James Green, John Green, Francis Hall, John Hammond, John Harneis, William Hornby, Simon Horner, Junior, George Jackson, Hugh Ker, Mark Key, Robert Knowsley, Henry Maister, Samuel Mann, Robert Markland, Benjamin Metcalf, Robert Osborne, Thomas Outram, Joseph Outram, Joseph Parkinson, Joseph Robinson Pease, Robert Coupland Pease, John Kirby Picard, George Pycock, Thomas Riddell, Charles Roe, Thomas Sanderson, Thomas Scatcherd, Robert Schonswar, John Simpson, Junior, William Shakleton, Thomas Sherlock, Charles Shipman, Aistroppe Stovin, Cornelius Stovin, Joseph Sykes, Thomas Taylor, Richard Terry, Richard Thompson, Samuel Thornton, John Todd, Thomas Turner, William Wilberforce, John Wilson, and John Young, are willing and desirous, at their own Costs and Charges, to lay out and make such new Street, and to erect or cause to be erected proper Houses and Buildings on each Side thereof, and to make convenient and proper Passages thereto; but the same cannot be effected without the Authority of Parliament:

May it therefore Pleafe Your MAJESTY,

That it may be Enacted; AND BE IT ENACTED by the KING’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful for the said Sir Henry Etherington, Baronet, John Alderson, M.D., Anthony Atknison, William Bell, George Bielby, William Watson, John Boyes, Robert Carlile Broadley, Thomas Clarke, Clerk, Edward Foster Coulson, Thomas Dikes, Clerk, Gardiner Eggington, Joseph Eggington, James Green, John Green, Francis Hall, John Hammond, John Harneis, William Hornby, Simon Horner, Junior, George Jackson, Hugh Ker, Mark Key, Robert Knowsley, Henry Maister, Samuel Mann, Robert Markland, Benjamin Metcalf, Robert Osborne, Thomas Outram, Joseph Outram, Joseph Parkinson, Joseph Robinson Pease, Robert Coupland Pease, John Kirby Picard, George Pycock, Thomas Riddell, Charles Roe, Thomas Sanderson, Thomas Scatcherd, Robert Schonswar, John Simpson, Junior, William Shakleton, Thomas Sherlock, Charles Shipman, Aistroppe Stovin, Cornelius Stovin, Joseph Sykes, Thomas Taylor, Richard Terry, Richard Thompson, Samuel Thornton

Preamble

(The use of f’s in place of lower case s’s has been gradually intro-duced by me to make for easier usage by those less familiar with the practise.  In the original Act, the prac-tise was uniform thro-ughout the Act.)

AND WHEREAS it shall be necessary, in order to lay out and make fuch new Street, and to erect Houses and Buildings on each side thereof, with suitable Outlets thereto, that several Houses and other Buildings fhould be taken down, and the Scites (sic) thereof, and other Lands, made Use of for those Purposes; BE IT THEREFORE ENACTED, That it fhall and may be lawful for the said Sir Henry Etherington, and the said other Persons who are or shall be willing and defirous to make the said intended new Street, their Heirs, Executors, Administrators, and Assigns, or the Committee herein after mentioned, and they are hereby respectively authorized and empowered to cause to be taken down the several Houses and Buildings ftanding upon the Ground where the said intended new Street is to be laid out and made and the said new Houses and Buildings are to be erected, and the same to be bounded by the Workhouse, and the Wall, Ground, or buildings belonging to and in line with the same Workhouse (including the Building now used as a Place of Confinement or House of Correction for disorderly Persons, which will necessarily be wanted and required for making the said Street and building the said Houses, and which is intended to be pruchafed for fuch Purpofes) on the West, and to extend as far towards the East as the said Sir Henry Etherington, and other several Perfons willing and desirous to make the said intended new Street, and building a Row of Houses on each side thereof, with suitable Yards, Outhouses, and Conveniences, and to cause the Scites of Houses and other Buildings fo to be taken down, or any Part thereof, and alfo any Lands or other Hereditaments within the Bounds and Limits aforesaid, to be made ufe of for the Purpose of laying out and making such new Street, and erecting such Houses and Buildings on each side thereof as aforesaid.

And to take down Buildings

Way or Paffage for Messrs Picard, Outram, and Smith.

on the faid Sheriff, or his Deputy or Deputies, Bailiff or Bailiffs, Agent or Agents, or Cononer, making Default in the Premifes, and on any Perfon or Perfons who fhall be fummoned and returned as a Juror or Jurors, and fhall not appear, or who fhall refufe to be fworn on the Jury, or being fo fworn fhall refufe to give or fhall not give a Verdict, or fhall in any Manner wilfully neglect his or their Duty, contrary to the true Intent and Meaning of this Act; and on any Perfon or Perfons who, being required to give Evidence before the faid Jury, fhall refufe or neglect to appear, or appearing fhall refuse to be examined or to give Evidence, which Fine or Fines fhall not exceed the Sum of Ten Pounds upon any One Perfon, and fhall be recovered by Diftrefs and Sale of the Offenders Goods and Chattels, by Warrant or Warrants under the Hands and Seals of the faid Two Juftices, and fhall be applied for the Purpofes of this Act.

Sheriffs, &c. may be fined for Neglect of Duty.

PROVIDED ALWAYS, That Twenty-one Days or more before the Meeting of the faid Two Juftices, at which any fuch Price or Satisfaction fhall be afcertained as aforefaid faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, or any Five of them, fhall give, or caufe to be given to or left at the ufual Place of Abode of the Perfon or Perfons who fhall refufe or neglect to treat or agree as aforefaid, Notice in Writing, that Value of the Premifes in Queftion, which fhall be defcribed in fuch Notice, will be afcertained and fettled by a Jury, to be empanelled and returned at a certain Time and Place to be mentioned in fuch Notice, and giving of fuch Notice fhall be proved before the faid Two Juftices immediately before the taking of every fuch Inquifition as aforefaid.

Notice to be given to Perfons interefted when the Juries are empanelled.

AND BE IT FURTHER ENACTED, That upon Payment or Tender of any Money fo to be adjudged, to the Perfon or Perfons to whom the fame fhall have been fo adjudged as aforefaid, fuch Perfon or Perfons fhall execute good, valid, and legal Conveyances, Affignments, and Affurances in the Law, to be made and prepared at the Coft and Charges of the said Sir Henry Etherington, and the feveral other Perfons willing to make the faid intended new Street, unto and to the Ufe of the faid faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, their Heirs and Affignes, upon fuch Trufts, and for fuch Intents and Purpofes aforefaid, of the Premifes for which fuch Money fhall have been fo adjudged; and fhall, at the Expence of the Purchafers, caufe and procure all neceffary Parties to join in and execute fuch Conveyances, Affignments, and Affurances, and fhall do all other Acts, Matters, and Things requifite to make out a good, clear, and perfect Title thereto; and in the café of the Perfon or Perfons to whom any fuch Money fhall have been fo adjudged, and fhall be tendered as aforefaid, fhall refuse to accept the fame, and on Requeft to execute, or procure to be executed, fuch Conveyances, Affignments, and Affurances of the Premifes in Queftion as aforefaid, fhall neglect or refufe fo to do for the Space of One Calendar Month after fuch Requeft, or if fuch Perfon or Perfons cannot be found, or by Reafon of any Difpute depending in any Court of Law or Equity, or otherwife, it fhall not appear to the faid faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, or any Five of them, or to their Counfel learned in the Law, what Perfon or Perfons is or are entitled to the Premifes in Queftion, then and in every fuch Café, it fhall be lawful for the faid Sir Henry Etherington, and the feveral other Perfons willing to make the faid intended new Street as aforefaid, to pay or caufe to be paid the Money fo adjudged as aforefaid,

unto fuch Perfon or Perfons at the Juftices at any General Quarter Seffion of the Peace for the faid Town and County of Kingfton upon Hull, fhall, by any Writing under their Hands, appoint, for the Ufe of the Perfon or Perfons to whom the fame fhall have been fo adjudged, to be paid over to him or them upon Demand. Which faid Appointment the Juftices at any fuch Seffion are hereby required to make upon Application to them for that Purpofe, by or on the Behalf of the faid Sir Henry Etherington, and the feveral other Perfons willing to make the faid intended new Street as aforefaid; and the Perfon or Perfons to whom any fuch Money fhall be paid, fhall, and is and are hereby required, upon receiving fuch Money, to give a Receipt for the fame to the faid Sir Henry Etherington, and the feveral other Perfons willing to make the said intended new Street as aforefaid, and therein to mention and fpecify for what Premifes the Money is Received; and every fuch Receipt, and alfo the Appointment to be made by the faid Juftices in Seffion as aforefaid, fhall be entered upon Record, and Regiftered amongft the Records of the General Quarter Seffions of the Peace for the faid Town and County, and immediately upon the entering and regiftering of any fuch Receipt and Appointment as aforefaid all the Eftate, Right, Title, Ufe, Truft, Intereft, Property, Claim, and Demand, both at Law and in Equity, of the Perfon or Persons to whom Such Sums of Money fhall have been adjudged, and for whofe Ufe the fame fhall have been paid as aforefaid, of, in, or to the Premifes mentioned in fuch Receipt, fhall vest in the said John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, their Heirs and Assigns, upon the Trufts and for the Intents and Purpofes aforefaid, and they fhall be deemed in Law to be the actual Poffeffion and Seifin thereof in Fee Simple as fully and effectually, to all Intents and Purpofes, as if all Perfons having any Eftate, Right, Intereft, Equity of Redemtion, Property, Claim, or Demand of, in, or to the Premifes, had actually conveyed the fame by Feoffment with Livery of Seifin, Fine or Recovery, Leafe and Releafe, Bargain and Sale enrolled, Surrender, or any other Mode of Conveyance or Affurnace whatfoever; and fuch Payment and Receipt fhall alfo bar the Dower, and Right to Title of Dower of the Wife of every Perfon for whofe Ufe fuch Payment fhall have been fo made, and likewife all Eftates Tail, and all Remainders and Reverfions thereupon expectant or depending, and fully and effectually, to all Intents and Purpofes whatfoever, as a Fine, Recovery, or Surrender would have done, if levied, fuffered, or made by all proper Parties in due Forn of Law

AND BE IT FUTHER ENACTED, That every Mortgagee of any of the Houfes, Buildings, Yards, Gardens, or other Grounds which fhall be purchfed or acquired in purfuance of this Act, and the Heirs, Executors, Adminiftrators, and Affigns of every fuch Mortgagee, on receiving Six calendar Months Notice in Writing, figned by the faid   John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, or any Five of them, or the Clerk or Secretary to the faid Subfcribers, of their Intention to pay off the Principal Money and Intereft which fhall be due on any fuch Mortgage, fhall, at the End of the faid Six calendar Months ater fuch Notice, on the Payment or Tender of the Principal Money and Intereft which fhall be then due on fuch Mortage, convey and affign, his, her, and their refpective Eftates and Interefts of, in, and to the faid Mortgaged Premifes, to the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, their Heirs, Anf Affigns, upon fuch Trufts, and for fuch Intents and Purpofes at aforefaid; and if any fuch Mortgagee, or Mortgagees, his, her, ot their Heirs, Exectutives, Adminiftrators, or Affigns, fhall refuse to do, then from and after fuch Refufal no further Intereft for fuch Mortgage Money, or any Part thereof, fhall accrue or grow due, but the fame fhall thenceforth ceafe and determine.

For paying off Mortgages.

AND BE IT FURTHER ENACTED, That in cafe of the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, or any Five of them, or the Clerk or Secretary to the faif Subfcribers, fhall, after Houfes or other Buildings, Yards, Gardens, or other Grounds fhall be conveyed to or vefted in them by virtue of this Act, give or caufe to be given Six calendar Months Notice in Writing, to any Tenant or Occupier thereof to quit or deliver upon the Poffeffion thereof, then every fuch Tenant or Occupier, fhall, at the End of the faid Six calendar Months, peaceably and quietly deliver and yield up the Poffeffion of the faid Premifes fo held by him or her or occupied, to the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, their Heirs or Affigns, or to fuch Perfon or Perfons as they fhall appoint to take Poffeffion thereof; And all Leafes, Demifes, and Agreements thentofore made for renting or holding the fame, or any Part thereof, fhall, from the End of the Six calendar Months, be abfolutely void and of no Effect; and if any fuch Tenant or Occupier fhall, after the Expiration of the faid Six calendar Months, refufe to give up Poffeffion thereof, it fhall be lawful for any Juftice of the Peace for the faid Town and County of Kingston upon Hull to iffue his Precept to any Conftable of the faid Town, to caufe Poffeffion of fuch Premifes to be delivered to the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, their Heirs or Affigns, or to fuch other Perfon or Perfons as in fuch Precept fhall be nominated to take Poffeffion thereof, and every fuch Conftable is hereby required, with fuch Affiftance as fhall be necessary, to enter the said Premifes in the Day Time, and to remove the Perfon or Perfons who fhall be found in Poffeffion thereof, together with his, her, or their goods out of the fame, and to put the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, their Heirs or Affigns, or fuch other Perfon or Perfons as in fuch Precept be nominated to take Poffeffion thereof, and to levy fuch Cofts as fhall accrue or be occafioned by Means of the iffuing and executing of every fuch Precept, by Diftrefs and Sale of the Goods and Chattels of the Perfon or Perfons who fhall have refufed to give up fuch Poffeffion as aforefaid, and fhall, on Demand, neglect or refufe to pay fuch Cofts as aforefaid.

PROVIDED ALWAYS, That nothing in this Act contained fhall authorize or empower the faid Sir Henry Etherington, and the feveral other Perfons willing and defirous to make the intended new Street as aforefaid, or the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, their Heirs or Affigns, to take down, become poffeffed of, or entitled to any Houfes, Buildings, Yards, Gardens, or other Grounds, without the Confent of the Owner or Owners thereof, unlefs Notice in Writing for that Purpofe fhall be given, or left in Manner hereinbefore for that Purpofe directed, on or before the Firft Day of June, One thoufand Seven hundred and Ninety-feven, any Thing hereinbefore contained to the contrary thereof in anywife notwithstanding.

PROVIDED ALWAYS NEVERTHELESS, AND BE IT FURTHER ENACTED, That whenever the Truftees for the Time being, in whom the faid Truft Eftates and Premifes fhall be vefted fhall, by Death or otherwife, be reduced to the Number of Three before the faid Trufts fhall be fully executed, then and in fuch Café, and when and fo often as the fame fhall happen, fuch Truft Eftates and Premifes shall thereupon, with all convenient Speed, be conveyed in fuch Manner and Form as that the fame fhall and may be legally and effectually vefted in all the Perfons who fhall then be Members of the Committee hereinafter mentioned, on the fame Trufts as the fame were originally holden, or upon fuch Trufts as a Majority in Number of the Subfcribers for making the faid intended new Street fhall appoint.

AND BE IT FURTHER ENACTED, That the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, fhall be a Committee for managing, directing, and carrying on the Affairs and Bufinefs of the faid Subfcribers, and for laying out and making the faid new Street, and for building, or caufing to be built, the faid intended Houfes; and that any Five of them the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, fhall, when acting in Conjunction and unanimous, be capable of executing all or any of the Powers given to or vefted in the faid Committee.

Committee appointed.

PROVIDED NEVERTHELESS, AND BE IT FURTHER ENACTED, That no Perfon concerned in any Building to be pulled down or erected, or in any Work to be performed in purfuance of this Act, shall be capable of acting as a Member of the faid Committee, or inftructed to manage or conduct the Execution of the Purposes aforefaid; neither fhall any Perfon be eligible or capable of acting as a Member of fuch Committee, during fuch Time as he fhall have or execute any Office or Place of Profit by or under the Authority of this Act, or during fuch Time as he fhall have any Share or Intereft in any Contract or Agreement for effecting the Purpofes aforefaid.

Members of the Committee incapable of acting in certain cases.

How Vacancies in the Committee fhall be filled.

AND BE IT FURTHER ENACTED, That the faid Committee fhall have Power from Time to Time to make fuch Call or Calls for Money from the faid Subfcribers, for the Purpofe of making the faid intended new Street, and building a Row of Houfes on each Side thereof, as they from Time to Time fhall find neceffary, fo that the Money to be called for do not exceed the Money which hath or fhall be fubfcribed, and fo that every Subfcriber fhall have at leaft Thirty Days Notice of every fuch Call, and fo that no Calls be made at lefs than the Diftance of Fourteen Days from each other, which Money fo called for fhall be paid into the Hands of the Treafurer or Treafurers to the faid Subfcribers, to be paid and applied in fuch Manner as the Committee fhall from Time to Time direct and appoint, in purchafing Houfes, Buildings, Yards, Gardens, or other Grounds, and for laying out, making, and building the faid intended new Street and Houfes, and every Subfcriber fhall pay his or her Share or Proportion of the Monies to be called for into the Hands of the Treafurer or Treafurers, on receiving Thirty Days Notice in Writing from the Clerk or Secretary to be appointed by the faid Committee; and if any Subfcriber or Subfcribers fhall refufe or neglect to pay his, her, or their Share or Proportion of the Money to be called for, for the Space of Twenty-one Days after the Time to be appointed for Payment thereof as aforefaid, he, she, or they fhall on Proof of fuch Refufal or Neglect, forfeit and pay the Sum of Ten Pounds per Centum upon the Money called for; and if any Subfcriber or Subfcribers fhall refufe or neglect to pay his, her, or their Share or Proportion of the Money to be called for as aforefaid, for the Space of Three calendar Months after the Time appointed for Payment thereof as aforefaid, then and in fuch Café he, she, or they fhall, in Proof of fuch Refufal or Neglect, forfeit and pay the Sum of Ten Pounds for each Share in the faid Subfcription, and fhall alfo forfeit his, her, and their refpective Share and Shares, Intereft and Interefts in the faid Subcription, and in the faid Ground, Street, and Houfes, and fhall the Profit and Benefit therof;  all which Penalties it fhall be lawful for the Subfcribers to fue for in the Name of either their Treafurer, or Clerk, or Secretary, in any of His Majefty’s Courts of Record at Weftminfter, by Action of Debt, or on the Café, or by Bill, Suit, or Information, wherein no Effoign, Protection, or Wager at Law, nor more than One Imparlance fhall be allowed; all which Forfeitures and Penalties fhall go to the Reft of the faid Subcribers, in Truft for and for the Benefit of themfelves, in Proportion to their refpective Interefts, or another Perfon fhall and may be admitted in the Place of fuch Perfon fo forfeiting as aforefaid, at the Election of the Committee; and all which Forfeitures and Provifions fhall extend to all fuch Perfons who may become Subfcribers or Proprietors of new or further Shares in the faid Subfcription.

Committee may admit new Subfcribers

PROVIDED ALWAYS, AND BE IT FUTHER ENACTED AND DECALRED, That for and notwithftanding any Thing herein contained, it fhall be lawful to and for the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, or any Five of them, on fuch Terms as fhall be approved by a General Meeting of the Subfcribers, by any Deed or Deeds, to demife, leafe, or grant all or any Part of the Grounds and Hereditaments to be purchafed by virtue of this Act (except fuch Part or Parts thereof as fhall be requifite or neceffary for making the faid Intended new Street or Highway) to any Perfon or Perfons for any Term or Number of Years abfolute, not exceeding Ninety-nine Years, to take effect in Poffeffion and not in Reverfion, or by way of future Intereft, and fo as the Leffee or Leffees do covenant that he, fhe, or they, or his, or their Heirs, Executors, Adminifrtators, or Affigns, fhall and will erect, or caufe to be erected, One or more Houfe or Houfes thereupon all the Length of the Ground fo to be demifed to him, her, or them fronting the faid intended new Street, to be uniform in Height and external Appearance with other Houfes erected, or to be erected, adjoining to or fronting fuch intended new Street, and fo as there be referved in every fuch Demife, Leafe, or Grant the beft Yearly Rent that can reafonably be had or obtained, without taking any Fine, Premium, or Forgift for the making thereof, and fo as the Leffee or Leffees do execute a Counterpart or Counterparts of every fuch Leafe or Leafes, and do covenant for the due Payment of the Rent or Rents to be referved.

Power to grant Leafes under certain Reftrictions

How the Rents shall be applied.

PROVIDED ALFO, AND BE IT FURTHER ENACTED AND DECLARED, That for and notwithftanding any Thing herein contained, it fhall and may be lawful to and for the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, or any Five of them, at any Time or Times after any Houfes or other Buildings, Yards, Gardens, or other Grounds fhall convey to or vefted in them be virtue of this Act, abfolutley to fell and convey, on fuch Terms as fhall be approved of by a General Meeting of the Subfcribers, either by public Sale or private Contract, together or in Parcels, and at once or at feveral Times, all or any Part of fuch Houfes, or other Buildings, Yards, Gardens, or other Grounds to be purchafed as aforefaid, or the Scite or Scites thereof (except fuch Part or Parts thereof as fhall be requifite and neceffary for making the faid intended new Street or Highway) and alfo the Materials of any fuch Houfes or other Buildings which may have been pulled down, unto the Perfon or Perfons whomever, for fuch Price or Prices in Money as can fairly and reafonably be obtained for the fame; and upon Payment of the Money arifing bySale of the faid Premifes, or any Part or Parts thereof, to give and fign a Receipt or Receipts for the Money for which the fame fhall be fold, which Receipt or Receipts fhall be fufficient Difcharge or Difcharges to any Purchafor or Purchafors for the Purchafe Money for which the fame fhall be fold, or for fo much thereof as in fuch Receipt or Receipts fhall be acknowledged or expreffed to be received, and fuch Purchafer or Purchafers, his, her, or their Heirs, Executors, Adminifrators, or Affigns, fhall not afterwards be anfwerable or accountable for any Lofs, misapplication, or Non-application of fuch Purchafe Money.

AND BE IT FURHER ENACTED, That the Purchafer or Purchafers on any Ground to be fold as aforefaid (except any Part or Parts thereof upon the Building of which ir fhall not be deemed effential to the uniform and regular Appearance of the faid intended new Street) fhall covenant and agree that he, fhe, or they, or his, her, or their Heirs or Affigns, fhall and will erect, or caufe to be erected, One or more Houfe or Houfes, thereupon, all the Length of the Ground to be purchafed by him, her, or them, fronting the faid intended new Street, to be uniform in Height and external Appearance with the other Houfes erected or to be erected, adjoining to or fronting fuch intended new Street.

Under certain Reftrictions.

AND BE IT FURTHER ENACTED, That the Money to arife from the Sale of the faid Houfes or other Buildings, Yards, Gardens, or other Grounds, or the Scite or Scites thereof, and Materials, fhall be upon fuch Trufts, and for fuch Intents and Purpofes, as a Majority in Number of them the said Sir Henry Etherington, and the feveral other Perfons willing and defirous to make the faid intended new Street as aforfaid, fhall, by any Inftrument in Writing under their refpective Hands and Seals, direct or appoint.

How the Money raifed by fuch Sales fhall be applied.

AND BE IT FURTHER ENACTED AND DECLARED, That the faid John Boyes, Hugh Ker, Jofeph Eggington, Simon Horner, Benjamin Metcalfe, Anthony Atkinfon, John Todd, Thomas Riddell, and George Jackfon, , their Heirs, Executors, Adminifrators, and Affigns, fhall be charged and chargeable only for fuch Monies as they refpectively fhall actually receive be virtue of the Trufts aforefaid, and that they fhall not be anfwerable or accountable the one for the others or other of them, or for the Acts, Receipts, Neglects, or Defaults of the others or other of them, but each of then only for his own Acts, Receipts, Neglects, or Defaults, nor fhall they, or any of them, be anfwerable or accountable for the Treafurer or Treafurers, or for any Banker or Bankers with whom or in whofe Hands all or any Part of the Truft Monies fhall, by any Rule or Order of the Subfcribers, be depofited or lodged for fafe Cuftardy.

The Committee to be chargeable only for the Monies they receive.

AND BE IT FURTHER ENACTED, That the Committee fhall, at their Firft Meeting after the paffing of the Act, or at some fubfequent Meeting, and from Time to Time, as Occafion fhall require, choofe and appoint a Treafurer or Treafurers, and alfo a Clerk or Secretary, to attend the feveral Meetings of the Committee, and the General and Special Meetings of the Subfcribers, and make Entries of the Proceedings in a proper Book to be kept for that Purpofe, and do whatever fhall be ordered at fuch Meetings refpectively for the Purpofes of this Act, and fuch Treafurer or Treafurers, and Clerk or Secretary, fhall be liable to be removed or difplaced at any General or Special Meeting of the Subfcribers.

AND BE IT FURTHER ENACTED, That until the Committee fhall have exectuted all the Powers given to and vefted in them by virtue of this Act, and all the Accounts refpecting the making and building of the said intended new Street fhall have been finally ftated, fettled, and adjufted, a General Meeting of the Subfcibers for making the faid intended new Street fhall be holden in the Grand Jury Room in the Guildhall in Kingfton upon Hull, or at any other Place in the faid Town which the Subfcribers, or a major part of them, fhall at any public or Special Meeting appoint, on the Firft Say of Auguft in every Year, between the Hours of Ten of the Clock in the Forenoon and Twelve of the Clock at Noon, except when fuch Day fhall fall on a Sunday, and then on the following Day; but if at any Time it fhall appear to any Five or more of fuch Subfcribers, that a Special Meeting of the Subfcribers is Neceffary to be holden, it fhall be lawful for fuch Five or more of them to caufe Notice to be given thereof in One of the Hull News-papers, or in fome other News-paper circulated there, declaring in fuch Notice the Place where, and the Times when fuch Special Meeting is to be holden, the fame not being leff than Ten Days after fuch Notice given, and likewife fpecifying in every fuch Notice the Reafon for and Intention of fuch Meetings refpectively, and the faid Subfcribers are hereby authorized to meet purfuant to any fuch Notice, and proceed to the Execution of the Powers by this Act given them with refpect to Matters fo fpecified only; and all fuch Acts of the Subfcribers at fuch Special Meetings affembled, fhall be valid, to all Intents and Purpofes, as if the fame were done at any General Meeting.

Meetings of the Subfcribers

AND BE IT FURTHER ENACTED, That at fuch Genera Annual Meetings, or Special Meetings as aforefaid, the Subfcribers fhall make and lay down fuch Rules and Orders refpecting the making of the faid intended new Street, and fuch Regulations for the Conduct of the Committee as fhall be thought proper and neceffary, and fhall call for, audit, and fettle all Accounts of Money received, laid out, and difburfed in the preceding Year by virtue and for the Purpofes of this Act: Provided neverthelefs, that no Rule, Order, or Regulation to be made or laid down at any General or Special Meeting fhall be valid unlefs Fifteen Subfcribers fhall be prefent, and the fame fhall be figned by a Majority in Number of the Subfcribers fo prefent.

Subfcribers may make Orders.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED, That if any Perfon fhall think himfelf or herfelf aggrieved by any Thing done in purfuance of this Act (except in fuch Cafes as are herein directed to be final) fuch Perfon may appeal to the Juftices at any General or Quarter Seffion of the Peace which fhall be holden for the Town and County of the Town of Kingfton upon Hull, within Four calendar Months next after the Caufe of Complaint fhall have arifen, the Appellant firft giving or caufing to be given Four-teen Days Notice in Writing of his or her Intention to bring fuch Appeal, and of the Caufe of the Matter thereof, to the Treafurer or Clerk to the faid Subfcribers, and within Seven Days after fuch Notice entering into a Recognizance before fome Juftice of the Peace of the fame Town and County, with Two fufficient Sureties conditioned to try fuch Appeal, and to abide the Order of, and pay fuch Cofts as fhall be awarded by the Juftices at fuch Seffion, and the Juftices at fuch Seffion, upon due Proof of fuch Notice being given as aforefaid, and of entering into fuch Recognizance, fhall hear and finally determine the Matter of every fuch Appeal, and fhall award fuch Cofts to the Party appealing or appealed againft as they the faid Juftices fhall think proper, and the Deternination at fuch Seffion fhall be binding and conclufive to all Intents and Purpofes whatfoever.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED, That no Proceedings of any fuch Seffion fhall be quafhed or vacated for Want or Form only, or be removed or removeable by Certiorari, or any other Writ or Procefs, into any of His Majefty’s Courts of Record at Weftminfter.

AND BE IT FURTHER ENACTED, That the Subfcribers for making the faid intended new Street, and their Committee for the Time being, may fue and be fued, for or concerning any Thing to be done by virtue or in purfuance of this Act, in the Name of their Treafurer or Treafurers, or Clerk or Secretary, for the Time being; and that no Action or Suit to be brought or commenced by the Direction of or againft the faid Subfcribers or their Committee by virtue of this Act, in the name of their Treafurer or Treafurers, or Clerk or Secretary, fhall abate or be dif-continued by the Death or Removal of any fuch Treafurer or Treafurers, or Clerk or Secretary, or by the Act of fuch Treafurer or Treafurers, or Clerk or Secretary, without the Concent of the faid Subfcribers or their Committee; but that the Treafurer or Treafurers, or Clerk or Secretary for the Time being to the faid Subfcribers, fhall be deemed the Plaintiff or Plaintiffs, or Defendant or Defendants, as the Café may be, in every fuch Action: Provided always that every fuch Treafurer or Treafurers, or Clerk or Secretary, in whose Name or Names any Action or Suit fhall be commenced, profecuted, or defended, in purfuance of this Act, fhall be fully reimburfed and paid by the faid Subfcribers all fuch Cofts, Charges, Damages, and Expences as by the Event or in confequence of any fuch Action or Suit he or they fhall bear, pay, expend, or be put into, or become chargeable with, by Reafon of his or their being made Plaintiff or Plaintiffs, or Defendant or Defendants as aforefaid.

Limitations of Actions.

PROVIDED ALWAYS,That nothing in this Act contained fhall extend, or be conftrued to extend to impeach, leffen, defeat, or in anywife affect any Liberties, Juriftictions, Privileges, Exemptions, Immunities, or Advantages heretofore granted, or in any Manner belonging to the faid Town or Borough, or County of the Town of Kingfton upon Hull (except as the fame are herein before exprefsly taken away) but that the fame, and every Part thereof refpectively, may be held, exercifed, and enjoyed in as full, ample, and beneficial a Manner, to all Intents and Purpofes (except as hereinbefore is excepted) as if this Act had not been made.

Saving the Privileges of Hull.

AND BE IT FURTHER ENACTED, That this Act fhall be deemed a Public Act, and fhall be judicially taken Notice of as fuch by all Judges, Justices, and other Perfons whomsoever, without the fame being fpecially pleaded or let forth.

Public Act.