Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reasons for passing this Act.
23 Eliz. c. 6. 1 Jac. I. c.32. 13 &14 Car. II. c. 27.; From 1st May 1700 to 1st May 1709, Duty on Ships, &c. from 20 to 300 Tons, for loading and discharging in England, for, from, to, or by Dover, &c. 3d. per Ton.; Aliens the like.; Duty upon Coals, Grindstones, Three Halfpence per Ton. No Goods to be entered till Oath made of Ship's Burthen, &c.; Receivers to keep Account, and pay once a Month to Receiver General of Customs at London, &c.; Who is to pay to Treasurer of Dover Harbour, for Repair of Harbour.; Collector making Default, &c.; Penalty £20.
Whereas it is found by long Experience that Dover Harbour is and hath beene of very great Use and Benefitt to the Merchants of this Realme and others passing through the Narrow Seas whereunto they have and doe enter to avoid eminent Danger of Tempests Pirates and the Common Enemy in Time of Warr And whereas the said Harbour hath beene of late by Tempests and Violence of the Seas soe broken and decayed that it is in very great Danger of being intirely lost unlesse timely prevented by repairing thereof which cannot be done without great Charge and Expences To the End therefore that the said Harbour may be effectually repaired and soe restored to its former good Condition as to be rendered againe of Service to the Nation Trade and Navigation And that such Provision may be now made in order thereunto and for keeping the same in good Repaire (former Acts of Parliament for that Purpose made in the Twenty third Yeare of the Reigne of Queene Elizabeth the First Yeare of King James the First and the Fourteenth of King Charles the Second being expired) Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That from and after the First Day of May in the Yeare of our Lord One thousand and seaven hundred to the First Day of May in the Yeare of our Lord One thousand seaven hundred and nine there shall be paid by the Master Owner or Skipper of every English Ship Vessell or Crayer of the Burthen of Twenty Tons or upwards and not exceeding the Burthen of Three hundred Tons for every loading and dischargeing within this Realme for from to or by Dover or comeing into the Harbour there not haveing a Cocquet testifying his Payment before that Voyage towards the Repaire of Dover Harbour the Summe of Three Pence for every Ton and of all Aliens Ships Vessells and Crayers of the Burthen aforesaid the like Summe of Three pence for every Ton of the Burthen of the said Ship Vessell or Crayer (except Ships loaden with Coales Grindstones or Purbeck or Portland Stones) and for every Chaldron of Sea-Coals or Ton of Grindstones the Summe of One Penny Halfe Penny the same to be paid to the Customer or Collector of the Customs or Subsidies or their Deputies within this Realme in such Port or Place whence such Ship Vessell or Crayer shall sett forth or where such Ship Vessell or Crayer shall arrive before they load or unloade the Goods therein the Account of the Number of the said Tons to be made according to the Entry of the Goods of every such Ship Vessell or Crayer in the Custome-house or Place respectively and no Entry of the said Goods to be allowed in any Office of Customes or Subsidies without true Information before made on Oath by the Master Owner or Skipper of such Ship Vessell or Crayer containing the Burthen thereof and Payment by him made of the Summs aforesaid of which Payment the Master Owner or Skipper paying the same shall have Allowance of the Merchants according to the Rates of the Goods in the same Ship Vessell or Crayer by way of Average and the Customers or Collectors or their Deputies receiving the Summs aforesaid or any of them shall keepe a faire and true Account thereof in a Booke or Books distinct and apart for that Purpose to which all Persons may have free Accesse at all seasonable Times without Fee or Charge and shall Once in every Month returne and pay over the Summs soe received by him to the Receiver Generall and Cashier of His Majesties Customes or Subsidies for the Time being in the Port of London who is alsoe hereby directed to receive and give Receipts for the same and alsoe to keepe a true faire and distinct Account in a Booke or Books apart for that Purpose (to which all Persons may have free Accesse at all seasonable Times without Fee or Charge) of all Moneys soe received by or paid to him by vertue of this Act and alsoe Once in every Month if required to disburse and pay the same to the Treasurer of Dover Harbour or to such Person or Persons as he shall assigne to receive the same to be by him (as he shall from Time to Time be ordered and directed by the Warden or his Lieutenant with the major Part of the other Assistants for the Time being of Dover Harbour under their Hands and not otherwise) expended in and about the Repaire of the said Harbour and every Customer or Collector or their Deputies that shall make any Entries of Customes or Subsidies of any Goods in the said Ships Vessells or Crayers before such Information as aforesaid concerning the Burthen thereof shall be made and before Payment made of the Summes before limitted to be paid by vertue of this Act or shall make any wilfull Default in not collecting the said Summes or any of them or in not keeping a fair and true Account thereof as aforesaid or in not paying the same over from Time to Time according to the Direction of this Act shall forfeite to the Use of the Reparations of the said Harbour the Summe of Twenty Pounds for every such Default to be recovered by Action of Debt in any Court of Record in the Name of the Wardens and Assistants of Dover Harbour for the Time being (who are hereby impowered to bring such Action or Actions) in which no Essoigne Protection or Wager of Law shall be allowed
II. Coaster or Fisherman to pay but once a Year.
[Provided alwaies That no Coaster or Fisherman shall pay the Duty charged by this Act oftner than Once in any One Yeare Any thing in this Act contained to the contrary notwithstanding (fn. 1) ]
III. Warden, &c. to cause Repair of Harbour to be set upon, and give Order therein, &c.
Treasurer of Harbour to give Security; and to keep Account, &c.
And to the End all the Moneys which shall be collected by virtue of this Act may be duely and truly applyed to the Uses hereby directed Be it enacted by the Authority aforesaid That the Warden or his Lieutenant with the major Part of the other Assistants of the said Harbour shall and doe with all convenient Speed cause the Repaire of the said Harbour to be sett upon and shall from Time to Time direct and give Order in all that shall be necessary thereunto and shall alsoe see that all the Moneys to be raised for the same be rightly and duely imployed in the said Works untill the same shall be perfected and shall take good Security of the Treasurer of the said Harbour before he enter on the Execution of his said Office for his due and true issueing and paying of and accounting for all Moneys that shall come or be paid to him by virtue of this Act and how the same hath beene by him (on due Order as aforesaid) issued for the Repaire of the said Harbour according to the true Intent and Meaneing hereof of all which the said Treasurer is hereby required to keepe a true and distinct Account in a Booke or Books faire and apart for that Purpose to which all Persons may have free Accesse at all seasonable Times without Fee or Charge
IV. Warden, &c. to have a yearly Account from Receiver General, &c.
Receiver General neglecting; Penalty £500.
And it is alsoe hereby further enacted That the said Warden or his Lieutenant with the major Part of the other Assistants as aforesaid shall in every Yeare at the least during the Continuance of this Act require an Account of the aforesaid Receiver-Generall or Cashier and of the respective Customers and their Deputies aforesaid and alsoe of the said Treasurer of all the Moneys by them or any of them respectively received or paid by virtue of this Act. And if the afore-mentioned Receiver-Generall and Cashier Customers Collectors Deputies or Treasurer shall not within Twenty Daies next after Demand made of such Account give in the same accordingly or if thereupon it shall appeare that all the [said (fn. 2) ] Moneys shall not have beene duely paid to and for or disbursed in and about the said Repaires and Works according to the Intent and Directions of this Act the Person or Persons soe offending and every of them respectively shall for every such Default forfeite the Summe of Five hundred Pounds to be recovered by the said Warden and Assistants in the Manner and for the Uses aforementioned
Treasurer may convey the Duties for Five Years for £6,000, to be lent at £6 per Cent.
And forasmuch as the Moneys to be levyed and collected by virtue of this Act may not in any one Yeare amount to soe much as the Necessities of the said Repaires may in that Time require to be expended thereon Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for any Person or Persons at any Time during the Continuance of this Act to advance and lend any Summe or Summs of Money on the Credit thereof to the Treasurer of the said Harbour (after his haveing given Security as aforesaid) who is hereby impowered by Indenture under his Hand and Seale (by and with the Consent and Approbation of the Warden and Assistants of the said Harbour or the major Part of them for the Time being) to transferre grant and convey the Duties and Profitts to be raised by virtue of this Act for any Time not exceeding the Terme of Five Yeares unto such Person or Persons as shall or will upon such Security advance or lend any Summe not exceeding at any one Time during the Continuance of this Act the Summe of Six thousand Pounds and alsoe not exceeding Six Pounds per Centum for the Interest thereof per Annum for every One hundred Pounds and soe proportionable more or lesse for every Summe lent or advanced
VI. Persons disbursing Monies for Repair of the Harbour, to be accountable on Oath.
Account to remain in the Navy Office.
And for the more sure and certaine Application of all the Moneys ariseing by virtue of this Act to the Uses intended by it Be it further enacted by the Authority aforesaid That all and every Person or Persons who shall pay or disburse any of the said Moneys for the Use and Repaire of the said Harbour shall for the same be accountable on Oath to the Justices of the Peace in every Midsummer Quarter Sessions to be holden for the Easterne Division of the County of Kent who are hereby authorized and required to examine take and state the said Account accordingly and after Allowance thereof under the Hands of Seaven or more of them to transmitt the same (by the Clerke of the Peace who is hereby required to obey such Orders as he shall from them receive therein) to the Commissioners of His Majesties Navy there to remaine as a Record in the said Office to which all Persons may at all seasonable Times have free Accesse without Fee or Charge
If Harbour sufficiently repaired within Time limited; Collection to cease.
And that no more Moneys may be received or collected by virtue of this Act than Thirty thousand and one hundred Pounds at most or no more (though under the saide Summe) than shall be necessary and sufficient to repaire and secure the said Harbour Be it enacted by the Authority aforesaid That if the said Harbour shall within the Time limitted for the Continuance of this Act be sufficiently repaired and secured and the same be soe certified to His Majesty and His Successors in Councill by the said Justices of the Peace from their aforementioned generall Quarter Sessions to be holden for the Easterne Division of the County of Kent that then and from thenceforth all and every further Collection and Collections to be made (by virtue of this Act) shall cease and determine Any thing in this Act contained to the contrary hereof in any wise notwithstanding
VIII. Proviso for Ships belonging to Weymouth, &c.
On Certificate thereof.
Provided alwaies and be it enacted by the Authority aforesaid That all Shipps and Vessells belonging to the Ports of Weymouth and Melcomb-Regis and Lyme Regis haveing Piers and Cobbs of their owne which by reason of their Poverty at present they are not able to maintaine shall be exempted from contributing or paying any thing to the Harbour of Dover mentioned in this Act Any thing herein contained to the contrary notwithstanding soe as they shall bring a Certificate made upon Oath before the Mayor under the Common Seale of the said Corporations that the said Shipps and Vessells doe properly belong thereunto and that the Inhabitants of the said Corporations are Owners of the major Part of the said Vessells
The like as to Ships belonging to Great Yarmouth.
And whereas the Inhabitants of the Towne of Great Yarmouth in the County of Norfolke are at a very great and Constant Charge and Expence for the repaireing maintaining and clearing the Haven and Piers belonging to the said Towne without the least Aid or Contribution from any other Port or Place whatsoever Be it therefore enacted by the Authority aforesaid That all Shipps and Vessels English built and manned according to the Act of Navigation belonging to the said Towne of Great Yarmouth shall be free and exempt from all and every the Duties Summe or Summs of Money charged and payable by this Act towards the Repaire of Dover Harbour Any thing herein contained to the contrary notwithstanding soe as the Master of every such Shipp or Vessell belonging to the said Towne of Yarmouth or some other Mariner on his behalfe respectively shall produce and shew to any Person lawfully authorized to demand the Duties imposed by this Act a Certificate made upon Oath before the Bayliffs of Yarmouth aforesaid or one of them which Oath they the said Bayliffs or either of them are hereby impowered to administer and under the Seal of Office of Bayliwick that such Ship or Vessell dos belong to the said Towne of Great Yarmouth and that the Inhabitants thereof are Owners of the Whole or major Part of every such Ship or Vessell
X. The like as to Ships belonging to Ramsgate.
Provided alwaies and be it enacted by the Authority aforesaid That all Ships and Vessells belonging to the Port of Ramsgate in the Isle of Thanet and County aforesaid having a Pier of their owne (which by reason of their Poverty at present they are not able to maintain) shall be exempted from contributing and paying any thing towards Dover Harbour aforesaid Any thing herein contained to the contrary notwithstanding so as they shall bring Certificate upon Oath made before the Mayor of the Corporation of which the said Port of Ramsgate is a Member that the said Ships and Vessells doe belong thereunto and that the Inhabitants of the Port of Ramsgate aforesaid are Owners of the major Part of such Vessell.