or acts 2, 4, Geo. III. 5 & ed for as the accounted for, in fuch manner, and by fuch means, as the county rates, county rates have been ufually, or may, by an act made in the according to twelfth year of the reign of his late majefty King George the act 12 Geo. II. Second, intituled, An act for the more eafy affeffing, collecting, and levying, the county rates; or by the acts of the fecond, fourth, and fifth of his prefent Majesty's reign, for explaining, amendyears ing, and enforcing, the feveral laws relating to the raifing and training the militia within that part of Great Britain called Engthe faid pay- land, be affeffed, collected, levied, received, and accounted for; ment to be in which faid payment of five pounds per man fhall be, and is full difcharge hereby declared to be, in full difcharge for the neglect and faifor neglect of lure of not having raised and trained the militia for fuch counnot railing and training ty, riding, or place, for the year then next preceding; and the treasurer or treasurers of the county, riding, or place, who shall Treasurer of receive the faid five pounds per man, is and are hereby required the county to to pay the fame to the receiver general of the land tax for fuch pay the money to the receiver County, riding, or place, within one calendar month after he or they fhall have received the fame; and the refpective receivers general of the land tax shall give a receipt for the same to the perfon paying fuch money, whofe receipt fhall be a fufficient difcharge for fuch payment; and fhall, within ten days after the receipt of fuch fum and fums of money, certify fuch receipt to the lord high treasurer, or the lords commiflioners of his Majefty's treasury for the time being, and fhall pay the fame into the receipt of his Majefty's exchequer, and in the fame manner as he is required to pay in the taxes or duties, commonly called The land tax. the militia. general; who is to certify the reto the treafuceipt thereof ry, and pay over the money into the exchequer. No fee to be ral, or into the exche thereout. Clerks of the peace are to transmit to the treasury, XXIII. Provided always, and be it further enacted by the given for mo- authority aforefaid, That no fee or gratuity whatsoever shall be ney paid to the given or paid for or upon account of any warrant which shall receiver gene- be made out for any fum of money which fhall be received by fuch receiver general, or paid into his Majefty's exchequer, or quer, or iffued iffued thereout, in relation to, or in purfuance of, this act. XXIV. And be it further enacted by the authority aforefaid, That fuch clerks of the peace of each refpective county, riding, or place, fhall, and they are hereby required, within fourteen days next after the general quarter feffions of the peace to be and receivers held after the twenty fifth day of December yearly, to tranfmit to general, the lord high treasurer, or the commiffioners of his Majesty's copies of the certificates de treasury, for the time being, and alfo to the receiver general of the land tax for fuch county, riding, or place, a, copy, figned by livered in purfuance of this fuch clerk of the peace, of every certificate which fhall have act; been delivered in pursuance of this act; and in cafe no fuch and where certificate shall have been delivered in, then fuch clerks of the none fuch are delivered, are peace fhall certify to the lord high treasurer, or to the comto certify the miffioners of his Majefty's treafury, and alfo to fuch receiver fame accord. general, that no fuch certificate from his Majefty's lieutenant, ingly; or any three deputy lieutenants, hath been received by him, together with and that he hath certified the fame to the juftices of fuch genethe proceed- ral quarter feffions; and fhall alfo certify what proceedings ings of the feffions, in re- have been had at fuch general quarter feffions, in relation to are the the affeffing and rating the faid fum of five pounds per man lation to afwhere the militia fhall not have been raised. feffing the Clerk of the XXV. And be it further enacted by the authority afore- penalty. faid, That if any clerk of the peace fhall refufe or neglect to peace neglectreceive, deliver, file, make, record, or tranfmit, fuch certifi- ing his duty cates as aforefaid, or any of them, according to the true intent in the premifand meaning of this act; every fuch clerk of the peace fo of- fes, forfeits fending fhall, for every fuch offence, forfeit and pay the fum of 5001. five hundred pounds, to any person who fhall inform or fue for the fame in any of his Majefty's courts of record at Westminfter, or the courts of great feffions in the principality of Wales, or the courts of the counties palatine of Chester, Lancafter, and Durham; wherein no effoin, protection, wager of law, nor more than one imparlance, fhall be allowed; and fhall and his office, alfo forfeit his office, and fhall be rendered incapable of having, and is dif receiving, or holding, fuch office for the future, or any other abled. place or office of truft, civil or military, under the government. XXVI. And be it further enacted by the authority afore- Where there faid, That in cafe there fhall be any failure of raifing or pay- fhall be a fai ing the feveral fums of money charged by this or the faid for- lure of raifing mer acts upon any county, riding, or place, where the militia or paying the fums chargefhall not have been raised; the receiver general of fuch coun- able for not ty, riding, or place, respectively, fhall, on or before the twenty railing the fourth day of June in every year, certify under his hand to the militia, the barons of the court of exchequer each particular county, receiver ge riding, divifion, or place, where fuch failure of payment hath certify the happened; whereupon the faid court of exchequer hall forth- fame into the with award the proper process to iffue against the treasurer or court of extreasurers of fuch county, riding, divifion, or place, where chequer; and process is fuch failure shall have happened, in the fame manner as any to iffue thereperfon or perfons is or are liable to process for failure of pay- upon against ment of the rates and duties commonly called The land tax, the treasurer for paying the faid fum of five pounds per man; which faid of the county; who is to pay fum every fuch treasurer and treasurers is and are hereby di- fuch fums into rected and required to pay into the receipt of his Majefty's ex- the exchechequer, out of the county ftock then in his, her, or their quer, out of hands; and if he or they fhall not then have fufficient for the county stock; that purpose, out of the firft money which fhall come to his or their hands of the faid county ftock; and the auditor of his and the audiMajefty's exchequer, into whofe office fuch fum or fums tor is to give fhall be paid, pursuant to the directions of this act, fhall, and a receipt for is hereby required to give to fuch treafurer or treafurers, or other person or perfons paying the fame on his or their behalf, a receipt for the fame figned by such auditor; which receipt fo signed shall be, and is hereby enacted to be, a futhcient discharge to fuch county, riding, divifion or place, for fuch fum or fums of money fo paid into the receipt of his Majefty's exchequer. Sollicitor to XXVII. And be it further enacted, That the follicitor to the treafury is the lord high treasurer, or to the commiflioners of his Majefty's to profecute to treasury for the time being, fhail, and he is hereby directed and effect treafurers making required, with all due diligence, to profecute with effect fuch default. VOL. XXVII. M treasurer the fame. Juftices at their general quarter feffions are to affefs a fum treasurer or treasurers as shall make default in payment as afore faid. XXVIII. And be it further enacted by the authority aforefaid, That the justices of the peace for fuch county, riding, or divifion, at their next general quarter feffions to be holden after any fuch payment made by any treasurer or treasurers as fufficient for aforefaid, fhall, and they are hereby required, to affefs, and reimburfing caufe to be levied, a fufficient fum of money to reimburse such the treasurer: treasurer or treasurers all fuch fum or fums of money as he or they fhall have paid on fuch account; to be affeffed, collected, and levied, in the fame manner as other county rates are directed to be affeffed, collected, and levied. The affeff ments to be made according to the provifions in the act of 4 Geo. III. The money XXIX. Provided always, and it is hereby enacted, That the justices of the peace for fuch county, riding, or divifion, at their faid general quarter feffions, fhall, and are hereby impowered, to affefs and levy, on every city, town, and place, which is not contributary to, or doth not pay to, the county rates of fuch county, riding, or divifion refpectively, fuch proportion of the money fo paid by fuch treasurer or treasurers in manner herein directed, according to the provifions and directions of an act made in the fourth year of his present Majesty's reign, for explaining and enforcing the feveral laws now in being relating to the railing and training the militia for and in that part of Great Britain called England. XXX. And be it further enacted by the authority aforepaid into the faid, That all fuch fum or fums of money as thall be raised and exchequer, to paid into his Majefty's exchequer at Westminster, in pursuance be kept fepa- of and by virtue of this act, and in manner herein before dirate and apart from all other rected, fhall be kept feparate and apart from all other monies; monies; and fhall be paid, applied, and disposed of, in such manner as and to be ap- is directed in and by an act of the fecond year of his prefent plied as is di- Majetty's reign, for explaining, amending, and reducing into one act of parliament, the feveral laws then in being, relating to the raifing and training the militia within that part of Great Britain called England. 2 Geo, III. Preamble re- CAP. XXXI. An act for taking down and removing certain light-boufes now standing near the Spurn Point, at the mouth of the Humber, and for erecting other fit and convenient lightboufes instead thereof. HEREAS, his late majesty King Charles the Second, by his letters patent, bearing date at Westminster the twenty fifth day of October, in the twenty eighth year of his reign, reciting therein, that his faid Majefty had been informed, by the petition of feveral perfons therein named, that they, and other masters of bips ufing the northern coafts, had had great loffes at fea, near the mouth of the Humber, upou a very broad long fand, thrown up and difesvered about fix or seven months then fince, by reafon whereof they failed in great danger in the night; and confidering that lights erected upon the Spurn Point, at the mouth of the Humber, would for the future prevent fuch danger, they applied to Juftinian Angell of London, merchant, he being proprietor of a piece of ground fit for fuch purpofe; and propofed, that if he would erect two lights upon the faid ground, they would contribute to pay him towards the charges and maintenance thereof, one farthing a ton; and reciting, that the faid Juftinian Angell had accordingly erected two lights, which the faid petitioners found to be of great benefit, and an abfolute Safety to all navigators on that coaft, there being no ground upon all the coaft that any light could be erected upon to do any fervice to the navigators, tending to the aforefaid fands and harbour, but the aforefaid place; therefore they prayed his faid Majefty to grant to the faid Juftinian Angell full power to kindle and maintain the faid lights; and the mafter, wardens, affiftants, and elder brethren, of the Trinity houfe of Newcastle, having examined, and certified to his faid Majefty, the neceffity of the faid lights, and that the fame would be of great benefit to navigation, his jaid Majefty, for promoting and continuing fo good a work, and for the fafety of his fubjects, was pleased to grant to the faid Juftinian Angell, his heirs, and assigns, full and free liberty and authority to continue, renew, and maintain, the faid light-houfes with lights, to be continually burning therein in the night feafon, whereby the faid hips might the better come to their ports without peril; and for defraying the necessary charges and conftant maintenance of the faid light-houses, his faid Majefty was pleafed to declare and grant, that for ever thereafter there might be collected and taken, and that the faid Juftinian Angell, his heirs, and affigns, might collect, have, and take, for every ship or vessel paffing by the faid light-houfe, and belonging or trading to the ports of Newcastle or Sunderland, or any of the creeks or members thereof, one farthing the ten, according to the burthen of such ships or vessels; to hold the faid liberties, powers, and authorities, contributions, duties, and fums of money, to the faid Juftinian Angell, his heirs, and affigns for ever, as fully, to all intents and purposes, as the mafters of the Trinity house at Deptford Strond, in Kent, or any other perfon or perfons, any the like licences, powers, and authorities, then had, held, or enjoyed, or might have, hold, or enjoy, in any other place or places, fubject to the yearly rent of five pounds, in manner in the faid letters patent mentioned; and his Majesty was also pleased thereby to grant divers other powers and authorities relative to the collecting and receiving the faid duties; but in the faid letters patent it is provided, that if at any time thereafter it should be made appear to his faid Majesty, bis heirs, or fucceffors, that fuch grant was prejudicial or inconvenient, or not of publick ufe or benefit, then, upon fignification or declaration to be made by his faid Majefty, his heirs, or fucceffors, under his or their fignet or privy feal, of such prejudice or inconvenience, the faid letters patent were to be void and determine: and whereas by certain other letters patent, bearing date at Weftminfter the fourteenth day of June, in the thirtieth year of the reign of his faid late Majefly, reciting (among other things) that the faid Juftinian Angell having complained to the petitioners, in the faid letters patent named, that the faid receipt of one farthing a ton would not maintain the faid light-houses, they had confidered the charge of maintaining the faid M 2 light light-houfe, and of the other light by him fince erected and added, and that the faid petitioners had requested his faid Majefty to grant a further duty for the maintenance of the faid lights; his faid Majefty, for the neceffary charges and conftant maintenance of the faid light-houses, was pleafed to declare and grant, that, for ever thereafter, there might be collected and taken, and that the faid Juftinian Angell, his heirs, and affigns, might, from thenceforth, have, collect, and take, for every hip or vessel paffing by or croffing the faid light-houses, whether outward or homeward bound, and belonging and trading to any of the ports and creeks aforefaid, or qny ways northward, the further and additional fum of one farthing a ton, more than he ought to receive by virtue of the faid first mentioned letters patent, for all English hips or vesels; and alfo one penny per ton for all foreign bottoms; to hold the fame to the faid Juftinian Angell, his heirs, and affigns, for ever, at the yearly rent of five pounds, payable as in the faid letters patent is mentioned, and subject to a like provifo as is. contained in the faid first mentioned letters patent: and whereas Edward Thompson, late of the city of York, efquire, (fince deceafed) being owner and proprietor of one fourth part of the land whereon the faid light-houfes were erected, and of other land there, containing about ten acres; and likewife of one fourth part of the faid light-houfes, and of all dues, duties, fum and fums of money, benefits, advantages, and profits, whatsoever, to be had, gotten, or received, for and in refpect of the faid lights, or either of them, which had defcended to him from his ancestors, by whom the fame was formerly purchafed; did, by his laft will and teftament, duly executed, bearing date the twenty third day of November, one thousand feven hundred and forty nine, after charging his real estate with the payment of all his just debts and funeral expences (in cafe his perfonal eftate was not fufficient to pay the fame) and after giving feveral very confiderable annuities, payable out of his real estates, and feveral legacies, give and devife to Thomas Busfield, and Leuyns Boldero efquire, and their heirs, all and fingular his manors, messuages, farms, lands, tenements, hereditaments, and premiffes, whatfoever and wherefoever, to hold to them, their heirs and affigns, to the use of his nephew Leonard Thompson, of Sheriff Hutton in the faid county of York, efquire, and his affigns, during his life, without impeachment of waste, with remainder to the faid truftecs and their heirs, during the life of the faid Leonard Thompson, to preferve contingent remainders; with remainder, after the death of the faid Leonard Thompson, to Solomon Fell, gentleman, for one thousand years, on certain truls in the faid will mentioned; with remainder to the first and other fons of the faid Leonard Thompfon, in tail male, with divers remainders over: and whereas, notwithstanding at the time of erecting the faid light-houfes, the ground on which they were built was very near the Spurn Point, and was then the most proper fituation for anfwering the good purposes for which the fame were erected; yet by the flowing and ebbing of the fea fince the time of their erection, part of the ground at or near the Spurn Point has been washed away, and other ground hath been left and thrown up, fo that the light-houses now ftand at a confiderable distance from the point of the Spurn, by reafen |