Charles II, 1670: An Act for repaireing of the Haven and Peers of Great Yarmouth.

Recital that Yarmouth is an ancient Borough, and of great Importance, and that the Revenues have been wasted in maintaining the Harbour, and that the Inhabitants are unable to maintain the same.

Reasons for passing this Act.; A Rate imposed upon Coals, Wheat, Rye, &c. (Exception) for Ten Years, towards the Repair of Yarmouth Haven and Pier.

Whereas the Burrough of Great Yarmouth in the County of Norffolke is an auntient Burrough bordering upon the Sea and of great strength to resist the Enemy in time of Warr and at all times of great necessity and importance as well for his Majesties Service as alsoe for the generall good and benefitt of the whole Kingdome especially in respect of the preservation of the Fishery and the breeding and imploying many thousand of skilfull Marriners and Seamen, The truth whereof by long experience hath beene sufficiently evidenced. And whereas the Inhabitants of the said Burrough have wasted their Revenues in and about the defraying the dayly great unsupportable and unavoidable charge of repaireing and maintaining the Haven belonging to the said Burrough and the Peers thereof, and of themselves are in noe wise able to repaire and maintaine the same as formerly they have done, being much [impourished (fn. 1) ] by the late Warr and Plague & by the great decay of all Tradeing especially the Fishery, soe that the great benefitt accrewing by the said Haven must of necessity be lost (unlesse timely prevented) to the utter ruine of the Inhabitants of the said Burrough and the great prejudice of the whole Kingdome. For the prevention whereof and to the end the said Haven and Peers may with all convenient speede be repaired and at all times hereafter maintained preserved and kept in good reparations and Timber and other Materialls for that end and purpose provided and furnished from time to time as occasion shall require Bee it enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the authoritie of the same That for ten yeares from and after the Power and twentyeth day of June now next ensueing there shall be paid by the Master or other person haveing the Rule and Command of any Shipp or Vessell unladeing within the said Haven of Great Yarmouth at the time of the unladeing thereof for the Goods hereafter mentioned (that is to say) for every Chaulder of Coales (Winchester Measure) Last of Wheate, Rye, Barley, Mault or other Graine and for every Weigh of Salt, and every Tunn of any other Goods and Merchandices whatsoever, Codfish, Ling, Herings and other Fish onely excepted which shall bee imported and unladen in the said Haven such summe or summes of money not exceeding the summe of Twelve pence for every Chaulder of Coales (Winchester Measure) Last of Wheate, Rye, Barley, Mault or other Graine, and for every Weigh of Salt and every Tunn of any other Goods and Merchandices whatsoever (except before excepted) as the Bayliffes Aldermen Burgesses and Co[m]monalty of the said Burrough of Great Yarmouth in Common Councell assembled shall from time to time order or appoint.

II. Corporation may appoint Colle?tors of the said Rate;

who are to pay Monies collected to the Chamberlain.

And to the intent that the summes of Money to be paid as aforesaid may be duely collected and leavyed for the use and purpose aforesaid Bee it further enacted by the authoritie aforesaid That it shall and may be lawfull to and for the said Bayliffes, Aldermen, Burgesses and Commonaltie of the said Burrough in Common Councell assembled from time to time and all times hereafter for and dureing the said terme of ten yeares to nominate and choose such person or persons to be Collector or Collectors Receiver or Receivers of every such summe and summes of money as shall be ordered or appointed to be paid as aforesaid as they shall thinke fitt, All which summes 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 Chamberlaines of the said Burrough for the time being for the use of the said Bayliffes, Aldermen, Burgesses and Commonaltie for the intent and purpose aforesaid and to none other intent or purpose whatsoever.

III. Eight Commissioners to have Inspection of the Receipts and Disbursements of all such Moneys.

When and by whom to be appointed.; Power of the said Commissioners.; Bailiffs to administer Oath to Collectors and Receivers.

And to the intent that all and every the summe and summes of money which shall be collected and leavyed by vertnue of this Act may be imployed for and towards the repaireing the said Haven and Peers Bee it enacted by the authoritie aforesaid That there shall be eight Commissioners from time to time nominated and appointed to have the Inspection and to take accompt of the Receipts and disbursements of all such moneys as shall be soe collected and leavyed dureing the terme aforesaid, Two of which said Commissioners shalbe yearely and every yeare from time to time nominated and appointed by the said Bayliffes, Aldermen, Burgesses and Commonaltie of the said Burrough in Common Councell assembled, and other two of the said eight Commissioners to be in like manner nominated and appointed by the Maior, Aldermen and Comm[m]ons of the Citty of Norwich in Common Councell assembled and other two of them to be in like manner nominated and appointed by the Justices of the Peace for the said County of Norffolke, and other two of them to be in like manner nominated and appointed by the Justices of the Peace for the County of Suffloke at the respective Sessions of the Peace to be holden for the said Countyes of Norffolke and Suffolke respectively, Which said Commissioners or any five or more of them shall and may from time to time dureing the said terme call before them the Collectors, Receivers or others who shall be intrusted with the Collection Receit or Employment of the moneyes to be collected and received in pursuance of this Act, who shall and are by vertue of this Act required to render unto the said Co[m]mo?issers or any five or more of them a true Account thereof, and of all and every Summe and Summes of money which shall rest due upon such Account, And the said Co[m]msi?sers or any five or more of them 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 Bayliffes of the said Burrough 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 executeing his or their Officer in and about the Premisses according to the true intent and meaneing of this present Act.

IV. Allowance to Collectors, Receivers, &c.

Provided That the said Collector and Collectors Receiver and Receivers to be nominated and chosen as aforesaid and every of them shall from time to time be allowed for their paines in executeing the said Office out of the Summes of money by them received soe much as the said Bayliffes, Aldermen, Burgesses and Commonalty in Common Councell assembled shall thinke fitt, not exceeding Two pence in the pound.

V. Collectors, &c. may at seasonable Times enter Ships;

And bee it further enacted by the authoritie 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 Shipp or Vessell being within the said Haven there to see and informe themselves what Goods shall be in the same or unladen out thereof.

VI. and for Nonpayment of the Rate, distrain upon the said Ships, &c.

And in case the said Summe or Summes of money soe ordered or appointed to be paid as aforesaid shall not be paid by the Master or other person haveing the rule and command of any Shipp or Vessell unladeing within the said Haven as aforesaid according to the true intent and meaning of this Act That then and soe often it shall and may be lawfull to and for the said Collector and Collectors Receiver and Receivers and every or any of them by Warrant obtained from the Bayliffes of the said Burrough of Great Yarmouth for the time being or one of them under their or one of their Hands and Scales to take and destraine every such Shipp or Vessell and all Tackle, Apparell and Furniture thereunto belonging or any part thereof and the same to detayne and keepe untill he or they be satisfyed and paid the said summes of money and every of them.

VII. On Delay of Payment Distress to be sold.

Proceedings thereon.

And in case of negelect or delay of or in the payment of the said su[m]me or summes of money or any of them within ten dayes 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 aswell for and concerning the Duty soe negclected 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 keepeing of such Distresse rendring to the Master or other person haveing the rule and command of the Shipp or Vessell, in or from which such Distresse shall be soe taken the Overplus if any there shall be.

VIII. Certain Goods exempted from Payment of the said Duty.

Provided alwayes and bee it further enacted by the authoritie aforesaid That such Oyles and Fish livers as shall be obtained in or upon any Fishing Voyage or Voyages and such remainder of Salt, Breede, Beere and other Provision as shall be taken into any Shipp or Vessell for the accomplishing any Fishing Voyage or Voyages, or into any Shipp or Vessell for the maintenance of the Master and Marriners serveing therein upon any other Voyage or Voyages to be made with such Shipp or Vessell and not spent therein shall be exempted from the payment of the said Duty Any thing herein contained to the contrary notwithstanding.

IX. Ten Persons to be chosen at Times herein mentioned, to contract with Workmen for the Repair of the Haven.

If Five or more of them do not contract before 25th Dec. next, Repairs to be ordered by Corporation.

And to the end the Haven and Peere aforesaid may be repaired and maintained with as much thrift and good husbandry as may consist with the effectuall and substantiall performance thereof, and that all partyes who are by this Act made contributary to the same may be satisfied therein; Bee it further enacted by the authoritie aforesaid That at the next Quarter Sessions which shall be after the first day of May next holden at the Castle of Norwich there shall be three persons chosen by the Justices of the Peace at [the said Quarter Sessions for the County of Norffolke, and the like number shall bee chosen at the aforesaid Quarter Sessions to be holden at Beckles for the County of Suffolke, as alsoe, two persons shall be chosen by the Citty of Norwich and two by the Towne of Great Yarmouth aforesaid in such manner as is in this Act before directed who are hereby authorized and required to meete at Great Yarmouth on or before the Twenty nineth day of September next, and to adjourne to such further time or times place or places as occasion shall require, which ten persons chosen as aforesaid or any five or more of them meeting as aforesaid upon consideration and examination upon Oath (which Oath they or any five of them have hereby power to administer) to be had of the present state of the Haven and Peere aforesaid and of the repaire necessary to the same are hereby authorized and impowered to treate and contract with any person or persons (whom they shall thinke fitly qualifyed for the undertakeing the Repaire aforesaid and capable sufficiently to secure the performance thereof) concerning the present Repaire of the said Haven and Peere and maintaining the same in good repaire for the space of seaven yeares and to be obliged at the determination thereof to leave the same in good and sufficient repaire in such manner and under such Covenants and Conditions as they shall thinke fitt, And if the said [ten (fn. 2) ] persons aforesaid or any five or more of them shall finde it convenient to make any such Contract as aforesaid before the Five and twentyeth day of December next ensueing then the Imposition authorized by this Act to be leavyed as aforesaid upon Goods unladen in the Port of Great Yarmouth shall be continued noe longer then till the summe necessary for performance of such Contract together with the necessary Charges for leavying the same to be accounted and allowed as aforesaid shall be raised and paid, but if the said ten persons or any five or more of them as aforesaid thereunto appointed by this Act shall not make and conclude a Contract for the repaireing and maintaining the said Haven and Peere as is hereby directed before the Five and twentyeth day of December next ensueing then the same shall be repaired by the direction and care of the Bayliffes, Aldermen, Burgesses and Commonaltie of the said Towne of Great Yarmouth in Common Councell assembled for the time being, and the money raised and leavyed by vertue of this Act shall be accounted for as in the former part of this Act is directed and as if noe mention had beene made of any Bargaine or Contract to be made for the performance thereof.

X. Continuance of Act.

Provided That if by the Annuall Imposition hereby imposed the Peere shall be repaired within lesser then ten yeares that then the said Imposition shall cease when the summe soe imployed in repaire of the Peere shall have beene raised thereby.