Sutton Pool Harbour (Plymouth) Act 1811

Publication Date:January 01, 1811
Sutton Pool Harbour (Plymouth) Act 1811

(51 Geo. 3) c. cxcvi

An Act for the Improvement of the Harbour of Sutton Pool in the Port of Plymouth, in the County of Devon.

[26th June 1811]

ANNO QUINQUAGESIMO PRIMO II ^z^m'm^m*m^^^^^****^*^^M**^**^*%*^^^^^***^*^*^^* Cap. 196. An Ad. for the Improvement of the Harbour of Sutton, Pool, in the Port of Plymouth, in the County of Devon, [2 6th June-1811.] HEREAS the Harbour of Sutton Pool within the Port of Plymouth, in the County of Devon, Part of the Manor of Trematott, Parcel of the Duchy of Cornwall, is a very ancienp Harbour, and much frequented by, Ships and Veffels of large Burthen ; and the faid Harbour hath of late been filled and choaked up by the Accumulation of Soil and Rubbiih, fo as to impede Ships and Vefiels frequenting the faid Port and Harbour from getting up to the Quays, Wharfs and Landing Places within the faid Harbour, to the great Detriment and Prejudice of the Merchants and others refiding in or trading to and from the faid Port and Harbour, as well as to the Revenues of the faid Duchy: And whereas the progreffive Incieafe of the Trade of the faid Port makes it expedient that additional Piers, Quays, Wharfs, Wet and Dry Docks, Cranes and other Works and Conveniences, fhould be conftrufted for the Accommodation of Ships and Veffels reforting to the faid Port, and that .Mooring Chains fhould be laid down within the faid Harbour j and that an Harbour Mafter, or Harbour Matters, and other Officers fhould be appointed to fuperintend the mooring, and dire£t the placing of Ships and Veffels frequenting the faid Port and Harbour, in order to prevent any Damage ther.eto,"l5r any Delay or Inconvenience in difcharging the Cargoes thereof:. And whereas the feveral Perfons hereinafter named, are pof. feffed of or interefted in Two. feveral Indentures of Leaie, bearing l£oc.'&Per.] 49 r Date 4490 5l6GEGRGH III. Cap.i96. Date refpe&ively the Twenty-fixth .Day of December now lad paft* granted and demifed,by his Royal Highnefs George Anguflus Frederick Prince of Wales, of the faid Harbour of Sutton.Beth with all the Dues and Profits' ari&ngtKerefrom, and all Dwelling Houfes? Store Houfes, Lofts, Edifices, 'Cellars, Wharfs, Quays, Yards and Curtilage* ufually held therewith, being Part of the Manor bfTrematon,Pared of His Royal Highhefs'Si- Duchy of Cornwall, to John Hav?ker 6f Plymouth aforefaid, Efquire, qhe of which faid Indentures contains aDemife of the faid Pre-mifes (except a certain Part thereof hereinafter mentioned) for a Term of Ninety-nine Years, if William Henry Hawker, aged about Twenty-one Years, and George Hawker^ aged about Fourteen Years, Sons of the fa\d.Ji)hn Hawker, and John Croad Bodge? now aged about Ten Years, Son of William Hodge,^ofPlymouth Dock, in the faid County of Devon, Merchant and Banker, or any or either of them, fhould fo long happen to live, under certain Rents, Covenants, Conditions and Agreements mentioned and exprefled in the faid Indenture of Leafe; and the other Indenture contains a Demife of the Parts hereinbefore mentioned to have been excepted out of the former Leafe, for the Purpofe of erecting "Wharfs and Quays thereon, for the general Benefit of the Port as well asthe Improvement of His Royal Highnefs's Eftate, for ari abfolute Term of Ninety-nine Years, commencing from the Twenty-fifth Day of December now laft paft, under the feveral Rents, Covenants, Conditions and Agreements mentioned and exprefled therein: And whereas the faid John Hawker, by a certain Indenture bearing Date the Second Day of January now laft paft, hath covenanted and declared to and with Sir Michael Seymour Baroner, Richard Pering,Digory Forreji, William* Hodge, Edward JLyne, Jofeph -Lyrnl John iSficolls Hawker William Henry Hawker and John Cooke Carpenter, Efquires, that thejaid Leafeswere made and, taken in his Name, and that he the faid John Hawker, his Executors, Adminiftrators and Affigns,would at all Times thereafter, during the Continuance of the faid Terms, fland and be poflefled of and interested in the faid Premifes in Truft for and qn behalf and for the Benefit of them the faid Parties to tfid faid Indenture, in the feveral Shares and according to the: feveral Proportions therein mentioned, and under certain Covenants, Conditions, Regulations and Agreements, therein fee -forth : And whereas by a certain Bond or Obligation, bearing Date the Firft Day* of April now laft paft, the faid John Hawker, Sir Michael Seymour,. Richard Pering, Digory Forrejt, William Hodge, Edward ~Lyne, ;JoJeph Lyne, John Nicblls Hawker*- William Henry Hawker, and John 'Cooke Carpenter are held and firmly bound to the feveral and refpective* Perfons therein mentioned, and whofe Names are feverally hereinafter fet forth, to affign and transfer on the Twenty-ninth Day of September next, unto them refpedively, in the feveral Parts or Shares therein mentioned, the faid Two feveral Indentures of the faid Harbour of Sutton Pool, with ea'ch and every of its Appurtenances, unlefs previous to that Day the faid Premifes fhall be vefted in the faid Parties by force and virtue of this Aft: And whereas the faid feveral Perfons fo pofleffed of or interefted in the faid Two feveral Indentures of Leafe of the faid Harbour of Sutton Pool, with each and every of its Appurtenances, are willing anddefirous of undertaking and carrying on the Improvement of the faid Harbour, and of incurring the very heavy Expence that will attend the fame: Andwhereas it is therefore expedient that the whole of thePremifes fo £i*GSORGH HI. 6^.196. fa granted aforefaid ftiould be held for the fame, Term, in order ta thg IstV provement thereof, as one Property, and for the fectjring to the Lsflees and th^ir Affigns fuch a certain Term therein &s may enable them to raife fucl| Sums as may be neceflary for-the Improvennent of the. faid Harbour and Prerpifes, and for the Attainment of the neceffary Accommodatipns; a well as %the Increafe of the Revenue.arifing therefrom; and for that Purpofe, that His Royal, Highnefs ftvould be empowered to grant tq the faid Leflees an abfolute Term of Ninety-nine Years in the Premifes demifed by the faid firft recited Indenture of Leafe* under certain Limi* cations and Reftri£tions: But inafmuch as the fame cannot be effe#ed without the Aid and Authority of Parliament! May it therefore pleafe. Your Majefty, That it may be enafted, and be it enafted by the King's Moft Excellent Majeftyj by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affemblcd, and by the Authority of the fame, That John Abbot, Benjamin Enaament of Balkwell, Richard Bayly, John Brabant Bayly* Peter Birdvo.QQd,B.enjaminBuU Company. hcke, John Cooke Carpenter, James Cole, John Collier, William Collier, Mary Collier, Sufanna Collier, jenny Collier, Jofeph Cookworthy, Mary Collier Cook* worthy William Corfer* Thomas Francis Date, Chriflopher Davies, Richard Derry, William Eafllake, Sir William Elf ord Baronet; Herberts Elfordznd Tingcombe, Sir William Elford Baronet, Jonathan Elf ord, James Elliott; Digory Forrefl, Robert Forte/cue, Dorothy Fox, William Fry, Benjamin Fuge, Samuel Fuge, Robert Fuge Senior, Robert Fuge Junior, Sufan Fuge, William Harvey, John Hawker, John Nicolls Hawker,, William Henry Hawker Caroline Hawker, Frances Hawker, John Heale, John HeM, George Elerberf Senior, George Herbert Junior, Henry Herbert, James Hill, Jofeph ffingf}onep William Hodge, John Hyne, Jofeph-Jofeph^ William *K£mpe, Thomas Kerfr well% William. Kerfwell, William Kingdfin, Richard. King, Jkhn King, Phillis King, John Clarke Langmead^ Willjam Langmead, John Lillicrap, Edmund Lockyer, William Lockyer, Jane Lowell,. John Lufcombe ^ Richard Lyn? Clerk, Edward Lyne, Jofeph Lyne, John Millete Lyne, Donald Macdonald, Jofeph Moore, William Moore, John Moore, Ann JSHcoll, Edmund Oliver, George Ord, William Prance junior, John Pridham, Jofeph Pridham, Richard Pering, Robem Shirley*Reed, John Roddy Richard Rofdew, Sir Michael Seymour Baronet, John Smith, George , William Hales Symons% Andrew' Tracy, Jofeph Treffry, Thomas Twynam, and Francis Wyatt% together with fuch Perfon or Berfons as they or the; major Part of them, prefent at the firft or any other General Aflembly to be holden fpr the Purpofes of this A&, fhall nominate arid.appoint, arjd; their feveral a;r 4 refpe&ive Suceeffors, Executors, Adminiftrators and Afligjns, being fxo* prietors of any Share or Shares in the Undertaking for the Improvement of Sutton Pooh fhall be, &nd are hereby united into a Coaip^ny for and during the Time that they {hall be ^poffeffed of. thei;pue;s ancj. Profits of the faid Pool,1 under the faid firft recited Indenture of I^fe, or under any other Leafe or Leafes hereafter ,co\be granted thereof, for the Purpole of the Improvement of the faid Harbour, according tq thq Rules, Orders and Directions herein contained, and ftiall for that Purpofe be a joint Stock Company^ by the Name and Style of Th% Sutton Pool Company. H And be it further ena&ed, That it '.{Kail be lawful fpr Hi Royal EnabHogche Highnefs George Augujt us Frederick Prince of Wales, upqp the Surrender Pfince c of the faid firft recited Indenture of Leafe, to grant $0 the Perfons in £"xcrauT whom 4492 51 G]E0RGII III. Cap.j96. whom the Premifes heretofore granted fliall be vefted, !as the Sutton Pool Company under this A&, an abfolute Intereft in the faid tfool, and all the Dues and Profits arifing therefrom, and all the Dwelling-'* Houfes, Store-Houfes, Lofts, Edifices, Cellars, Wharfs, Quays, Yards and Curtilages, demifed by the faid firft recited Indenture of Leafe, for the full Period of Ninety-nine Years from the Date of the faid firft recited Indenture of Leafe, anyThing in any Aft or A&s of Parliament, or Law or Statute to the contrary, in anywifenotwithftanding: Provided always, that no Fine or Sum of Money fliall be taken for any Part of fuch abfolute Term of Years, beyond the firft...

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