Now! Then! 2024! - Yorkshire On This Day

Excerpt

We, John Smeaton and John Wooler, having surveyed the harbour of Whitby and the river Esk as far upwards as Iburndale Beck, and the beck as far as the alum works of the defendants, and also the alum works, we find that not only the harbour of Whitby above the bridge there, but the channel of the river Esk as far upwards as Iburndale Beck, is greatly obstructed with alum shale, and also that the channel of Iburndale Beck is greatly obstructed, and in some places nearly filled up, by alum shale; and that the harbour of Whitby above the bridge there is greatly damaged thereby, particularly by filling up and choking the channel of the river, where ships of great burden lay or have usually laid, between the bridge of Whitby and about 160 yards above a place called the Oil House. We therefore order that the defendants shall remove all the alum shale found in the river or harbour between the bridge of Whitby to 160 yards above the south east corner of the building now commonly called the Oil House on or before the 29th of September, 1766. And we further order that the defendants shall after the 29th of September, 1766, remove all alum shale found above the level of the plane specified. And we do also further order that all such alum shale shall lodged above the high water mark of spring tides, and deposited and laid in such a manner as no part thereof may at any future period of time slide or fall down into the harbour, or otherwise that it shall be carried directly to sea and discharged there in not less than 14 fathom of water.

Comment

Comment

I hope I have tagged the correct Nathaniel Cholmley – of Howsham Hall, on the Derwent – and that someone will tell me what his relationship was with Whitby harbour.

Old alum works can be seen on the old OS map on the beck south of Iburndale. Where in Whitby is the Oil House / Stone Quay?

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Original

WHITBY HARBOUR.

Yorkshire, to wit,

At the assizes held at the castle of York, in and for the said county, on Saturday the 20th day of July, in the fifth year of the reign of our Sovereign Lord George the Third, by the grace of God, now King of Great Britain, &c. and in the year of our Lord 1765, before the Honourable Sir HENRY GOULD, Knight, one of the Justices of his Majesty’s Court of Common Pleas; and the Honourable Sir JOSEPH YATES, one of the Justices of our Lord the King, assigned to take the said assizes according to the statute.

CHOLMLEY, Esq; against HOWLETT and MATHEWS.

IT is ordered by the consent of the said parties, and their attornies, that the last juror or jury empanelled and sworn in this cause be withdrawn from the said panel, and by the like consent it is ordered that the plaintiff shall execute, and the defendants shall accept, a lease with proper covenants for repairs by the defendant, and all other usual covenants, of the plaintiff’s mills and fishery, in the pleading of this cause, mentioned at a rent equal to the highest neat profits, to be computed on a mean of any three successive years to be named by the plaintiff, which shall appear to the satisfaction of FOUNTAIN WENTWORTH OSBALDESTON, of Hunmanby, SIMON BUTTERICK, of Thirsk, and JOHN GRIMSTON, of Kilnwick, Esqrs. or any two of them, to have been made at the premises by the plaintiff; and also to enter into such covenants for cleansing the harbour of Whitby from the allum shail, which hath come from the defendant’s works, within such time and in such manner as JOHN SMEATON, Esq; and JOHN WOOLER shall think reasonable, and also for the security of the said harbour from future damage from the defendant’s allum works. The survey and award of the said JOHN SMEATON, Esq; and JOHN WOOLER to be made on or before the 7th day of November next, and at the joint expence of the said parties; and it is further ordered that such security shall be given, and penalties provided for the performance of the aforesaid covenants, as the said FOUNTAIN WENTWORTH OSBALDESTON, SIMON BUTTERICK, and JOHN GRIMSTON, or two of them, shall think reasonable and sufficient, and that the lease to be made shall be executed on or before the 20th day of December next, and shall commence, together with the rent, at that time, for the term of 99 years.

And it is also ordered that there shall be no costs on either side, and that the defendants shall consent that the plaintiff’s bill, now depending in the Court of Chancery, shall be dismissed without costs; and that all other proceedings or actions now depending between the said parties, either at law or in equity, touching the matter in question in this cause, shall cease, and that no writ of error shall be brought, and that no bill in equity shall be filed against the said FOUNTAIN WENTWORTH OSBALDESTON, SIMON BUTTERICK, JOHN GRIMSTON, JOHN SMEATON, and JOHN WOOLER, or any of them, for any thing done by them under or by virtue of this order; and that this order shall be made an order of his Majesty’s High Court of Chancery, if the Lord High Chancellor shall so please.

By the Court.

To all to whom these presents shall come, JOHN SMEATON, of Austhorpe, in the county of York, Esq; and JOHN WOOLER, of Whitby, in the said county, Gent. send greeting. Whereas, by rule of court, made at the assizes held at the castle of York in and for the county of York on Saturday the 20th day of July, in the 5th year of the reign of our Sovereign Lord George the Third, by the grace of God, now King of Great Britain, and so forth, and in the year of our Lord 1765, before the Honourable Sir HENRY GOULD, Knight, one of the Justices of His Majesty’s Court of Common Pleas, and the Honourable Sir JOSEPH YATES, Knight, one of the Justices of our Lord the King, assigned to hold pleas before the King himself, Justices of our said Lord the King, assigned to take the said assizes according to the statute, &c. in a cause then and there depending between NATHANIEL CHOLMLEY, Esq; plaintiff, and SAMUEL HOWLETT and JOHN MATHEWS, Gents. defendants, it was ordered, by the consent of the said parties and their attornies, that the last juror of the jury impannelled in the said cause should be withdrawn from the said pannel, and by the like consent it was ordered (among other things) that the said defendants should enter into such covenants for cleansing the harbour of Whitby from the allum shail, which had come from the defendants works, within such time and in such manner as we the said JOHN SMEATON and JOHN WOOLER should think reasonable, and also for the security of the said harbour from future damage from the defendants allum works. The survey and award of us the said JOHN SMEATON and JOHN WOOLER to be made on or before the 7th of November then next, as by the said rule of court, reference thereunto being had, may amongst other things fully appear. Now know ye, that we the said JOHN SMEATON and JOHN WOOLER having viewed, surveyed, and examined the said harbour of Whitby and the river Eske as far upwards as Ibrondale Beck, and the said Beck as far as the allum works of the said defendants, which are situate and lying contiguous to or near the said Beck, and also the said allum works, we find that not only the harbour of Whitby above the bridge there, but the channel of the river Eske as far upwards as the said Ibrondale Beck, is greatly obstructed with allum shail, and also that the channel of the said Ibrondale Beck is greatly obstructed, and in some places nearly filled up, by the allum shail therein; and that the allum shail being in the said harbour, river, and beck as aforesaid, has all proceeded from the said allum works of the defendants, and has been carried down into the said river and harbour, in the time of floods and freshes, from the said beck; and that the said harbour of Whitby above the bridge there is greatly damaged thereby; and we also find that the manner in which the said allum work is carried on is such as will occasion still greater damage to the said harbour than it has yet received, by reason of other great heaps of shail and rubbish, from time to time proceeding from the said works, must necessarily fall into the said beck, and by the waters passing through the same in time of floods and freshes be washed and carried down into the said river, and from thence, by the said waters, and the additional waters coming down the said river above the said beck, carried into the said harbour, and there scattered about in an irregular manner, to the great detriment thereof, and particularly by filling up and choaking the channel of the said river, where ships of great burthen lay or have usually laid between the bridge of Whitby and about 160 yards above a place called the Oil House, and which was formerly called the Stone Key.

We do therefore order, adjudge, determine, and award, that the said defendants and their or one of their heirs, executors, administrators, or assigns, or some of them, shall effectually cleanse the present channel of the said river Eske, running through that part of the said harbour of Whitby laying above the bridge therefrom, and remove and carry away all the allum shail that shall be found at the time or times of such cleansing laying in the said river or harbour, between the said bridge of Whitby to 160 yards above the fouth east corner of the building or warehouse now commonly called the Oil House, and which was formerly called the Stone Key, and which shall be found above the surface of a plane regularly inclined so as to be 14 feet below the top of the uppermost aisler course of stone in the present south east angle of the said Oil House as it now is, and 16 feet below the top of the uppermost aisler course of stone under the threshold of the door on the east side of the warehouse or storehouse belonging to Mr. PLUMMER, being situate contiguous or near to the west end of the said bridge; and also that they shall take and carry away all such allum shail as at the time or times aforesaid shall be found laying on the sloping sides of the said channel.

And we do further order, determine, and award, that the said defendants and their or one of their heirs, executors, administrators, or assigns, or some of them, shall effectually make, do, and perform, or cause to be effectually made, done, and performed, all such cleansing of the said river and harbour as herein before ordered and awarded, on or before the 29th of September, which shall be in the year of our Lord 1766.

And we do further order, determine, and award, that the said defendants and their or one of their heirs, executors, administrators, or assigns, shall from to time, after the said 29th of September, 1766, take away and remove, or cause to be taken away and removed, all such allum shail as shall be found above the level of the plane above specified, or laying upon the sloping sides of the said channel; which allum shail we adjudge must happen to be so found or laying so long as the said allum works of the said defendants shall be carried on in the manner they are at present, and so long afterwards as any of the shail proceeding therefrom, and laying in the said beck and river above the harbour of Whitby, shall remain therein in a state capable of being removed by floods. And we do also further order, determine, and award, that all such allum shail as shall, on cleansing the said harbour aforesaid, be taken away, shall be by, or by the order, and at the cost and charges of the said defendants, their or some of their heirs, executors, administrators, or assigns, carried or removed and lodged above the high water mark of spring tides, and deposited and laid in such a manner as no part thereof may at any future period of time slide or fall down into the said harbour, or otherwise that it shall be carried directly to sea, and discharged there in not less than 14 fathom of water. And lastly, we do order, adjudge, determine, and award, that the said defendants shall, within 40 days after the date of this our award, enter into and make, and duly execute, a deed of covenants between them and the said NATHANIEL CHOLMLEY, or his heirs, wherein and whereby the defendants shall, for themselves and each of them, and their and each of their heirs, executors, administrators, and assigns, and every of them, jointly and severally covenant, promise, and agree to and with the said NATHANIEL CHOLMLEY, and his heirs and assigns, that they the said defendants, or their or one of their heirs, executors, administrators, or assigns, or some of them, shall and will from time to time, and at all times hereafter, at their own cost and charges, well and truly make, do, perform, and execute, or cause to be well and truly made, done, performed, and executed, all and every the act and acts, thing and things whatsoever, before by us ordered, directed, determined, and awarded to be by them, or any of them, made, done, executed, and performed, or cause to be made, done, executed, and performed as fully and effectually, and at or within such time or times, and in such manner as herein before mentioned, and according to the true intent and meaning of this our award. In witness whereof we have hereunto set our hands and seals this 18th day of October, in the year of our Lord 1765.

Signed, sealed, published, and declared by the above-named JOHN SMEATON, as his final award and determination, in the presence of us.

Signed, sealed, published, and declared by the above named JOHN WOOLER, as his final award and determination, in the presence of us.

2107 words.

Tags

Tags are assigned inclusively on the basis of an entry’s original text and any comment. You may find this confusing if you only read an entry excerpt.

• Alum (4) ·
• Eskdaleside cum Ugglebarnby (1) ·
• Howsham Hall (1) ·
• John Smeaton (6) ·
• Polluter pays principle (1) ·
• Pollution (10) ·
• River Derwent, Yorkshire (3) ·
• River Esk (2) ·
• Sleights (2) ·
• V (1) ·
• Water pollution (4) ·
• 📌Whitby (20), town, port and parish on the east coast of North Yorkshire/the North Riding at the mouth of the River Esk ·

All tags.

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