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William III, 1700 & 1701: An Act for the recovering secureing and keeping in Repair the Harbour of Minehead for the Benefitt and Support of the Navigation and Trade of this Kingdom [Chapter IX. Rot. Parl. 12 § 13 Gul. III. p. 1. n. 9.]

Pages 644-647

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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Citation:

In this section

Reasons for passing this Act;

From the 24th June 1701 to the End of the then next Session, the Rates upon Goods herein mentioned to be paid, over and above ancient and customary Duties.; On Wool, &c. imported or exported; Rates to be paid by Person to whom Goods delivered.; Wool imported to be weighed by Officer.; On all other Goods imported or exported, to be paid by Master of Ship.

Whereas the Harbour of Minehead in the County of Somersett hath by long Experience been found to be of great Use and Benefit to the Western Parts of this Kingdom and to all Seafaring Men who by [any (fn. 2) ] stress of Weather are driven upon that Coast And whereas the said Harbour and Pier were first founded and built and have constantly hitherto been repaired and maintained at the private Expence of the Ancestors of Tregonwell Lutterell ( (fn. 3) ) without any Assistance except only some small Acknowledgements which have been paid to them as Lords of the ( (fn. 4) ) Mannor of Minehead And whereas the old Pier of the said Harbour is so choaked and barred by the Beach which hath been thrown into it by the Violence of the Sea and Alteration of the Tydes that unless some speedy and effectuall Care be taken to stop the growing Beach that riseth at the Mouth of the said Harbour by building out a new Head and other Works and daily clearing and repairing the same the said Harbour will become useless to the Kingdom prejudiciall to Trade and dangerous to Navigation to the Diminution of His Majesties Revenue and impoverishing the Inhabitants of Minehead and other Places and Counties adjacent And whereas the Charges of making such new Head and Works and of repairing and maintaining the same will be too great to be born by the said Tregonwell Lutterell and his Heirs To the end therefore that such new Head and Works may be made and the said Harbour preserved and maintained 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 Twenty fourth Day of June which shall be in the Year of our Lord One thousand seven hundred and one for the Term of One and twenty Years and to the end of the then next Session of Parliament there shall be paid (over and besides the ancient and customary Duties and Acknowledgments already ( (fn. 5) ) accustomed to be paid to the said Tregonwell Lutterell Esquire and his Ancestors) for the Wool Woollen and Bay Yarn and other Goods which during the said Term shall be imported or exported into or out of the said Harbour or Port of Minehead the Summes of Money and Duties following (that is to say) such Sum of Money not exceeding One Half penny per Stone for all Wooll and such Sum of Money not exceeding One Penny per Stone for all Woollen and Bay Yarn imported within the Term aforesaid as the Trustees hereafter appointed or the major Part of them shall from time to time order and appoint and so after the same Rate for every greater or lesser Quantity each Stone to contain Eighteen Pounds and the severall Duties to be paid by the Marchant or other Person into whose Custody or Possession or by whose Order the said Goods & Marchandizes shall be delivered And the said Wooll so imported shall be weighed at the Common Townhall by the proper Officer thereunto appointed according to ancient Usage and Custom And for every Ton of all other Goods and Marchandizes whatsoever which during the said Term shall be imported and landed or discharged out of any Ship or Vessell in the said Port of Minehead or which shall be exported and carried out of the said Port by Water there shall be paid the Sum of Six Pence per Ton by every Master or other Person taking Charge of any Ship Hoy Bark or Vessell that shall take on board or land any Goods or Merchandizes whatsoever in the aforesaid Port of Minehead

II. Tunnage and Keelage to be paid by Master of Ship putting into the Port by Distress of Weather.

And be it further enacted by the Authority aforesaid That for every Ship Hoy Bark or Vessell which during the Term aforesaid shall by Stress of Weather be drove into the said Harbour [of Minehead (fn. 1) ] or shall otherwise come into the same for Security and Preservation (the said Port or Harbour not being their discharging Port) there shall be paid by the Master or other Person taking Charge and Care of the said Ship Hoy Bark or other Vessell the Duties of Tunnage & Keelage following (that is to say) for every Ship [or Vessell (fn. 1) ] using the Coasting Trade of this Kingdom of the Burthen of Thirty Tons and not amounting to Fifty Tons One Shilling And for every Ship or Vessell using the Coasting Trade of the Burthen of Fifty Tons & upwards the Sum of Two Shillings And for every Ship or Vessell of the Burthen of Thirty Tons and not amounting to Fifty trading to or from Ireland France Spain or other Parts of Europe or to or from any of His Majesties Plantations in America the Sume of Two Shillings and Six Pence And for every Ship or Vessell of Fifty Tons & upwards trading to and from the said Parts or Places the Sum of Five Shillings And for every Ship or Vessell of the Burthen of Thirty Tons and not amounting to Fifty Tons and trading to or from any Place in Asia Africa or America (other then His Majesties Plantations) aforesaid the Summe of Five Shillings And for every Ship or Vessell of Fifty Tons & upwards trading to or from Asia Africa or America (other then the said Plantations) the Summe of Ten Shillings And the Master or other Person taking Charge of the said Ship or Vessell and paying the said Duties of Keelage shall have Allowance for the same of the Marchants according to the Rates of the Goods in the said Ship or Vessell by Way of Average

III. Trustees appointed for ordering the Works in and about the Harbour, and the Collection and Disposition of the said Duties.

Proviso for Election of new Trustees in the room of Trustees dying, &c.

And for the better collecting and disposing the said severall Sums of Money and Duties hereby made payable Be it enacted by the Authority aforesaid That Sir John Trevellyan Baronet Sir Francis Warre Baront. Sir Jacob Bancks Knight Nathaniel Palmer Baldwyn Malett Alexander Lutterell Edmond Bowyer Thomas Wolstenhome and Robert Siderfin Esquires William Blackford Councell at Law and Thomas Ledgenham Marchant shall be and are hereby nominated and appointed Trustees for the ordering and directing the building and making the said New Head and other Works in and about the said Harbour and the maintaining and repairing the same from Time to Time during the said Term and for the ordering and directing the Collection Receipt and Disposition of the said Summes of Money and Duties which from Time to Time during the said Term by vertue hereof shall be due and made payable And if any of the said Trustees shall happen to dye or refuse to act during the said Term then and in such Case it shall and may be lawfull to and for the surviving Trustees to elect nominate and appoint other Trustee or Trustees in the Place [or (fn. 6) ] Places of such Trustee or Trustees so dying or refusing as aforesaid and such Trustee and Trustees so from time to time elected and appointed shall have the same Power and Authority as if they had been nominated and appointed by this Act.

IV. Only Eleven Trustees at one Time, Lord of Manor of Minehead to be one.

Provided always and be it enacted by the Authority aforesaid That there shall not be more then Eleven Trustees at any one Time and that the Lord of the Mannor for the Time being of the Mannor of Minehead shall be always One of the said Trustees

V. Trustees to make Rules, &c. for collecting and disposing of Duties.

Duties paid to a Collector appointed by the Trustees; Collectors to pay according to Appointment of Trustees.

And be it further enacted by the Authority aforesaid That the said Trustees for the Time being or the major Part of them shall have full Power and Authority [and (fn. 7) ] are hereby authorized and impowered to make such Orders and [Directions (fn. 8) ] and give such Directions for the collecting recieving and disposing the said Sums of Money and Duties as they shall think most necessary and conducing to the End for which the same are hereby given And all and every the Sums of Money and Duties before mentioned shall from time to time be paid to and collected and recieved by such Person and Persons as by a Writing under the Hands and Seals of the said Trustees for the Time being or the major Part of them shall from time to time be nominated and appointed And the Person and Persons so to be appointed to collect the said Duties shall pay and dispose thereof to such Person and Persons in such Manner and Proportions as the said Trustees ( (fn. 9) ) or the major Part of them [for the Time being (fn. 10) ] shall direct and appoint and to no other Use Intent or Purpose whatsoever

VI. Officer of Customs at the Port of Minehead not to take Entries or grant Warrants, &c. for shipping, &c. of Goods till Duties paid;

nor permit any Vessel to sail till Receipt for Duties shewn; Officer offending,; Penalty £20.

And to the Intent the said Duties may be truly answered and paid Be it further enacted by the Authority aforesaid That no Customer belonging to His Majesties Customs in the aforesaid Port of Minehead Comptroller Surveyor Searcher Waiter or other Officer of the Customs whatsoever during the Term and Time hereby granted shall take any Entries grant any Warrant give or make out any Cocquets for the shipping or discharging any Goods whatsoever until the Duties and Payments hereby granted and made payable shall be paid and answered according to the true Intent and Meaning of this Act and shall not permitt any Ship Hoy or Bark or other Vessell to go out of the said Harbour untill the said Master or other Person taking Charge of the same do produce and shew forth a Receipt or Acquittance under the Hands of such Officer testifying the Receipt thereof and that every Customer Collector Comptroller Reciever of Entries of Ships Surveyor Waiter or Searcher or other Officer concerned in the Businesse of the Customs in the Port of Minehead during the Continuance of this Act making Default in any the Premisses injoyned them by this Act shall forfeit the Sum of Twenty Pounds [to (fn. 11) ] the Trustees hereby appointed 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 to be brought [or co[m]menced (fn. 7) ] in the Names of the said Trustees for the Time being or the major Part of them wherein no Essoign Wager of Law or Protection shall be allowed

VII. Persons authorized by Trustees may enter Vessels and receive the Duties;

and on Nonpayment may distrain Ship, &c.; and if Duties not paid Ten Days after Distress.; Collector, &c. may sell, and apply Proceeds as herein mentioned.

And be it further enacted That it shall and may be lawfull to and for any Person or Persons authorized and deputed by Warrant under the Hands and Seals of the said Trustees for the Time being or the major Part of them to go on Board any Ship Hoy Bark or other Vessell to demand collect and recieve the said Duties by this Act due and payable and for Non payment thereof to take and distrain every such Ship or Vessell and all her Tackle Apparell and Furniture [thereunto (fn. 12) ] belonging or any Part thereof and the same to detain and keep untill he or they be satisfyed and paid the said Sums of Money and every of them and in case of any Neglect or Delay in Payment of any the said Duties for Ten Days after any Distress or Distresses so taken as aforesaid that then it shall and may be lawfull to and for the said Collector and Collectors Reciever and Recievers of the said Duties and any of them to sell the said Distress or Distresses so taken and therewith to satisfie him or themselves as well for and concerning the Duties so neglected or delayed to be paid and for which a Distress shall be so taken as aforesaid as also for his or their reasonable Charge in the taking or keeping such Distress rendring to the Master or other Person having the Rule [or (fn. 13) ] Command of the Ship or Vessell in or from which such Distress shall be so taken the Overplus if any there [shall (fn. 7) ] be

VIII. Monies arising from Duties and Penalties (Exception)

applied for Harbour; Collector to keep Books of Receipts and Payments,; and make and deliver yearly Accounts upon Oath to Trustees.; Trustees may administer such Oath.

And be it further enacted by the Authority [aforesaid (fn. 14) ] That all and every such Summe and Summes of Money that shall be raised and recieved by the Duties aforesaid and recovered for any the Forfeitures in this Act appointed (other then so much thereof as shall be laid out and allowed for the collecting the said Duty not exceeding Twelve Pence in the Pound and the Cost and Charges of recovering the same shall be by the said Trustees applyed and disposed of to the building out a new Head clearing the Beach and other Works for the securing preserving amending and maintaining the said Pier and Harbour of Minehead and to no other Use and Purpose whatsoever And there shall from time to time [be (fn. 14) ] provided and kept by the said Collector or Person appointed to collect and recieve the said Duties one or more Books in which all Moneys to [be received (fn. 14) ] by vertue of this Act and all Payments and Disbursements out of the same shall from time to time be fairly set down and entred expressing the Time when and the Name of the Person or Persons from or to whom the same were so recieved paid or disbursed and for what Use or Purpose such Payment or Disbursement was made and that Once in every Year (viz[en].) within Ten Days after the Four and twentieth Day of June One thousand seven hundred and two and so successively in every Year during the Continuance of this Act the Account from the said Books shall be fairly drawn out and stated by the said Collector and delivered to the said Trustees upon Oath (which said Oath the said Trustees or either of them are hereby impowered to administer

IX.

Trustees, or Majority, empowered to borrow Money for Purposes of Act upon Security of Duties.

And forasmuch as the [Moneys (fn. 15) ] to be raised by the Duties aforesaid will not of a long time raise such Stock or Sum of Money as may be sufficient for the effecting the Ends and Purposes of this Act Be it therefore enacted That the said Trustees or the greater Number of them [that shall be (fn. 14) ] then living shall be and are hereby impowered by Indenture under their Hands and Seals to convey and assure the Duties granted by this Act as a Security for any Sum or Sums of Money by them to be borrowed for the Ends and Purposes of this Act to any Person or Persons that shall or will advance such Sum or Sums of Money upon such Security all which Money so to be borrowed shall be imployed for and towards the building out a new Head clearing the Beach and other Works for the securing preserving and amending the said Pier and Harbour of Minehead

X.

Lord of the Manor of Minehead may appoint a Water Bailiff in the Manner and for the Purposes herein mentioned.

And whereas it is necessary for the better and more orderly Government of the Port that a Water Bailiff should be appointed with Power to require all Ships and Vessells to ballance anchor and moor in proper and Regular Manner and Places and that they throw not out their Ballast [in the said Harbour (fn. 14) ] to fill up and prejudice the same Be it enacted by the Authority aforesaid That it shall and may be lawfull for Tregonwell Lutterell Esquire. Lord of the Mannor of Minehead his Heirs and Assigns Lord of the said Mannor (the Pier having been built and repaired by him and his Ancestors) at the next Court Leet to be held for the said Mannor after the said Four and twentieth Day of June One thousand seven hundred and one and so from time to time as Occasion shall require at their Pleasure to appoint and choose a Water Bailiff for the Purpose afore mentioned and recited and the Steward of the Court of the said Mannor for the Time being is impowered from time to time to swear the said Water Bailiff so appointed justly and indifferently without Partiality or Affection to execute the said Office according to ancient Custom and Usage

XI.

Duties to be paid to the Lord of the Manor of Minehead for the Support of the said Works.

And to the end the said New Head and other Works aforesaid when finished and made greatly co[m]modious and usefull may not fall to Decay and Ruine for want of constant and necessary Reparations from time to time Be it enacted by the Authority aforesaid That from and after the said Term and so long as the said Pier or Harbour shall be continued or kept up there shall be paid to the Lord of the Mannor of Minehead for the Time being the severall Sums of Money and Duties following for the severall Goods and Commodities imported into the aforesaid Port of Minehead hereafter mentioned for and towards the Support and Maintenance of the said New Head and other Works (that is to say) For every Twenty Stones of Wooll One Penny For every Twenty Stones of Woollen and Bay Yarn Two Pence For every Ton of Salt Two Pence For every Quarter of Corn Two Pence For every Chaldron of Coals Two Pence

XII. Proviso for ancient Rights of Lord of Manor of Minehead.

Provided always and be it enacted That nothing in this Act contained shall extend or be construed to take away diminish or in any wise lessen the ancient Acknowledgments Rights or Properties of the said Tregonwell Lutterell his Heirs or Assigns Lord of the said Mannor

XIII. Recital of 9 W. III. c. 12.

Reasons for passing this Enactment; An Account of Monies expended by Corporation of Bridgewater, and of additional Duty in the said Act mentioned received, to be entered and kept; Collectors, &c. to produce Books and Accounts at Quarter Sessions for the County of Somerset, yearly; Quarter Sessions to examine and allow or disallow the same; and may summon and examine Parties upon Oath; Duplicate of Account allowed to be signed and sealed, as herein mentioned, and recorded in Sessions; In what Case and in what Manner the said additional Duty to cease.

And whereas by vertue of an Act of Parliament made in the Ninth and Tenth Years of His Majesties Reign intituled An Act for the inlarging repairing and preserving the Bridge and Key of the Borough of Bridgwater in the County of Somerset a Power is given to the Mayor Aldermen Burgesses and Commonalty of the said Borough and their Successors in Common Councill assembled or the major Part of them to lay and levy severall Sums of Money as an additionall Duty upon all Goods and Marchandizes which shall be imported or unladen in the said Port of Bridgwater which said Power the said Mayor Aldermen Burgesses and Commonalty have extended to the utmost by means whereof the said Duties levyed as aforesaid amount to a considerable yearly Value and will in all likelyhood be sufficient to defray all the necessary Charges and Expences relating to the said Bridge and Key and discharge all the Debts of the said Corporation contracted for or the Securities given by the said Corporation upon account of inlarging repairing and preserving the said Bridge and Key and answer all other the Intents and Purposes of the said Act in a shorter Time than in and by the said Act is granted if a fair and just Account of the Receipts and Disbursements of the severall Sums of Money granted and collected for the Purposes aforesaid could be obtained and which said Sums are for the most part paid by the Inhabitants of the County of Somerset And whereas there has been no Account yet given of what Sums of Money have been recieved nor how and to what Purposes the said Sums have [been from time to time (fn. 16) ] disbursed expended and applyed to the great Discouragement of the Inhabitants of the said County so largely contributing to the same to the end therefore that the said Inhabitants may be satisfied how the said Sums of Money so levyed upon them as aforesaid are disposed of and that they may be eased of the same as soon as the ends of the said Act are answered and that the said additionall Duty may be expended and applyed according to the true intent and meaning of the said Act only and not otherwise and that a true and just Account may be had and rendred from time to time of all the Receipts and Disbursements of the said Sums so collected as aforesaid and for the more effectuall providing for and enforcing the same Be it enacted by the Authority aforesaid That a true and perfect Account of all Expences Costs and Charges disbursed or to be disbursed by the said Mayor Aldermen and Comonalty and their Successors or any of them or by their Order and of all Money by them or any of them or by any other by their Appointment to be collected or recieved for the additionall Duty upon the Goods or Marchandizes in the said Act mentioned and that shall be levied according to the Direction and Appointment of the said Act shall be duely entred and kept in a Book or Books to be provided and kept for that Purpose by such Person or Persons as are or shall be nominated and impowered to collect and recieve the said Duties and to dispose and issue out the same by the said Mayor Aldermen Burgesses and Commonalty according to the Directions of the said Act And the Collectors Recievers or other Persons so imployed or appointed as aforesaid shall at the Generall Quarter Sessions of the Peace which shall be holden for the [said (fn. 17) ] County of Somerset next after the Four and twentieth Day of June which shall be in the Year of our Lord One thousand seven hundred and one and Once in every Year after or oftner if the said Justices in the said Sessions shall think fitt and order produce and bring before the said Justices in their said Sessions the said Book and Books and all their Accounts relating to the Money recieved or disbursed by vertue of the said Act and the Vouchers for the same And the said Justices in their said Sessions are hereby impowered to examine state correct allow and disallow of any Item or Items or any of the said Accounts or Disbursements so produced before them And the said Justices the better to enable them to examine and correct the said Accounts are hereby impowered and authorized to summon before them any Person interested or not interested and to examine them upon Oath touching the truth of any Matter contained in or omitted out of the said Books or Accounts touching any Receipts or Disbursements recieved or made by vertue of the said Act And when the said Account is so examined stated and corrected and by the said Justices in the said Sessions allowed a Duplicate thereof shall be made signed and sealed by the said Justices or the major Part of them and shall be kept amongst the Records of the Sessions of the Peace of the said County of Somersett And when it shall appear to the said Justices in their [said (fn. 16) ] Generall Quarter Sessions or the major Part of them there the said Bridge and Key are sufficiently inlarged and repaired as the said Act directs and the Moneys for that Purpose borrowed and the other Debts contracted upon that Account and the Interest paid and satisfied for the same and other necessary Charges allowed or that there has been Money raised by vertue of the said Act and according to the usuall way of levying the same sufficient to have performed all the Ends and Intencions of the said Act and upon Six Months Notice thereof by the Justices in their said Sessions or the major Part of them under the Hands and Seals of the Mayor Aldermen Burgesses and Commonalty or [to (fn. 18) ] any Five of them the Mayor for the Time being to be one then the said additionall Duty only so given by the said Act shall cease Any thing in the said Act contained to the contrary notwithstanding

XIV. Powers of Stat. 9 & 10 W.III.c.18. vested in Quarter Sessions for the County of Gloucester.

Security given by Undertakers in the said Act discharged, who, together with Collectors, are to account at next Quarter Sessions; and pay Monies therein appearing due; In Default, Distress.

And for the better Execution of an Act of Parliament made in the Ninth and Tenth Years of His present Majesties Reign intituled An Act for repairing the Highways leading from the Town of Birdlipp and Top of Crickly-hills to the City of Gloucester Be it enacted by the Authority aforesaid That all and every the Powers and Authorities given by the said Act to the Undertaker or Undertakers for the repairing the said Highways be and are hereby vested in the Justices of the Peace at the Generall Courts of Quarter Sessions holden for the County of Gloucester or the major Part of the Justices of Peace there present who are from time to time to give such Order and Directions touching the Repairs of the said Highways and for recieving and paying the Six pences in the Pound and the Duties arising by the Turnpike in the said Act mentioned as they shall think fit and convenient and the Security given by the said Undertaker or Undertakers is hereby released and discharged and the said Undertakers and Collectors of the Toll shall at the next Quarter Sessions of the Peace to be holden for the said County of Gloucester give and passe a [true and just (fn. 19) ] Account upon Oath of all the Moneys by them respectively recieved and paid upon or by vertue of the said Act of Parliament and if any Sums of Money shall be found by the said Justices at the said Quarter Sessions to be in the Hands of the Undertaker or Undertakers and Collectors that then the Sume or Sumes shall be paid by such of the Undertakers and Collectors in whose Hands the same shall remain as the said Justices of the Peace or the major Part of them shall direct and appoint in and toward the Reparations of the said Highways And for default of Payment shall levy the same by way of Distress upon the Goods and Chattells of the Person or Persons that shall neglect to pay the same

XV. Proviso for Securities upon the Duties of the said Act.

Provided always That nothing herein contained shall extend to take away or prejudice any Security given upon the Duties arising by the said late Act to any Person who hath lent or advanced any Sum of Money thereupon

XVI. Quarter Sessions to give Order for due Repair of the said Highways.

And it is further enacted That the said Justices of [the (fn. 20) ] Peace shall give such Orders and Directions touching the Premisses that the said Highways may be effectually repaired within the Time limitted by the said late Act of Parliament.

Footnotes

  • 1. O. omits.
  • 2. interlined on the Roll.
  • 3. Esq[ure] O.
  • 4. said O.
  • 5. due and O.
  • 6. and O.
  • 7. interlined on the Roll.
  • 8. Rules O. & King's Printer's Copy.
  • 9. for the Time being O.
  • 10. O. Omits.
  • 11. unto O.
  • 12. thereto O.
  • 13. and O.
  • 14. interlined on the Roll.
  • 15. Money O.
  • 16. from time to time been O.
  • 17. interlined on the Roll.
  • 18. and O.
  • 19. just and true O.
  • 20. O. omits.