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COLLES.
BRADSHAW v. SUTTON [1698]

finished, and backed with ballast, to make it fit for the salt works, which for his Majesty's service are begun, and intended to be perfected there: In the first place, that the seamen shall have liberty freely to cast their ballast without interruption, if they find it convenient for them, none being compelled to it, nor hindered from it; that neither those of the town of Newcastle, nor the ostemen, do hinder the same indirectly, by denying or unnecessarily delaying to carry down coals by keeles to the ships, which shall cast their ballast at Shields; that to the end this shore, which may be for the safety and encouragement of navigation and shipping, may be so used, as the same may neither be prejudicial to the town, in diverting or withdrawing of trade from thence, nor to his Majesty in his customs and duties, nor hurtful to the river, his Majesty will reserve the ordering thereof to himself as well in the particulars aforesaid as in all other things thereunto appertaining; in such sort as both the town and the seamen shall find his Majesty's Royal care over them.

Certificate of Sewers.September 2d, 1759. In pursuance of an order of sewers, dated 22d August last, we whose names are subscribed, six of the Commissioners, (five of the quorum) have viewed the river Tyne from Tinmouth bar to the town of Newcastle, as far as Newborne up the river, and all the banks, staithes, ballast shores, wharfs, creeks, and other places within the confines of the said river, and do find the part of Jarrowslake adjoining to the South Shields, and belonging to Thomas Liddell, of Ravensworth, Esquire, where a ballast shore is already begun, to be a very fit commodious place, having a sound and firm foundation, whereon to build and erect a ballast shore for ships of great burden to cast ballast there, provided that the ragged stones lying before the same be removed and taken away, that ships may lie there with safety.

Report of the Trinity Masters.—According to your Majesty's order of 5th August, we have considered the allegations of Sir Charles Adderly, Knight, and John Crook, Esquire, concerning erecting a ballast shore at Jarrowslake, near South Shields, in [25] the county of Duresme, and are of opinion, that a ballast wharf at South Shields, will be of great use and benefit to all ships trading in the river Tyne for coals; for, it will prevent loss of ships in coming from Tinmouth bar, for that they cast out great part of their ballast before they come to the bar to avoid the charge of keeling it up to Newcastle, and are afterwards often cast away by reason of their lightness, and other damage it will prevent to ships, and give them quicker dispatch in their voyages—it will encourage the building great ships, more proper for that trade than smaller vessels—it will encourage navigation, by reducing the price of taking out the ballast—and masters may thereby make two or three more voyages in a year, charge and time being lessened, and it will tend to reduce the price of Coals.

Signed by the master and wardens.



Case 6.—Sir Cornwall Bradshaw, Knight,—Appellant; William Sutton, Gentleman,—Respondent [1698].

[Mew's Dig. xiii. 1800.]

The appellant shewed that John, Earl of Clare, now Duke of Newcastle, and John White, executor of Gilbert, late Earl of Clare, had theretofore brought their bill in Chancery against appellant, William Bridges, Andrew Card, and others, charging that the said late Earl Gilbert, 5th of March, 1682, by article of agreement, in consideration of 617l. 10s. covenanted with John Hynd, that the Earl would, 25th March, 1684, lease to Hynd, or his assigns, several messuages, shops, stables, buildings, and hereditaments, in or near Claremarket, Clements Danes, Middlesex, then in possession of several persons named, for 61 years, from 25th March, 1683, at a peppercorn rent for the first year, and 250l. per ann. rent for the residue of the term, to build houses and shops upon; and agreed that when the houses should be second floor high, and the shops finished, he would, at Hynd's request and cost, lease each house and shop to such person or persons as Hynd should name, for 61 years, from the 25th of March, 1683, and reserve a yearly rent on each house and shop [26] not less than thirty,

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