William III, 1695-6
An Act for making navigable the Rivers of Wye and Lugg in the County of Hereford. [Chapter XIV. Rot.Parl. 7&8 Gul. III.p.3.n.2]

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History of Parliament Trust

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John Raithby (editor)

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1820

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78-84

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'William III, 1695-6: An Act for making navigable the Rivers of Wye and Lugg in the County of Hereford. [Chapter XIV. Rot.Parl. 7&8 Gul. III.p.3.n.2]', Statutes of the Realm: volume 7: 1695-1701 (1820), pp. 78-84. URL: http://www.british-history.ac.uk/report.aspx?compid=46821 Date accessed: 31 July 2014.


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Contents

Recital of Stat. 14 C.II.
II. Provision for opening and cleansing the said Rivers. III. The said Bishop of Hereford, &c. to act as the said Sir Wm. Sandys, Windsor Sandys, and Henry Sandys might have acted. IV. The said Bishop of Hereford, &c. may pull down Wears, &c. making Satisfaction to Owners, &c. V. Commissioners or any Seven of them empowered to examine upon Oath, and upon such Examination and at the request of the said Bishop and on Notice to settle the yearly Value of Wears, &c. VI. Decrees of the said Commissioners or any Seven of them to be recorded and subject to Examination or appeal. VII. VIII. The Amount of Monies to be raised per Month limited. IX. Commissioners to assess and levy such Monies. X. The Commissioners under the 7 & 8 W.III. c.5. to be Commissioners under this Act for levying Monies. XI. The said Comissioners in levying the said Monies to have and execute the Powers limited by 7 & 8 W.III.c.5. XII. Times and Places of Meeting and Proceeding of the said Commissioners. XIII. Commissioners at First general Meeting to appoint Receivers General. XIV. Commissioners to take Security of Receivers General. XV. Receivers to account to Commissioners. XVI. How Commissioners or any Seven of them may employ Surplus Money remaining after clearing the said Rivers. XVII. On the Completion of the said Works the Conveyances of the said Wears, &c. and Account of Monies disbursed left with Custos Rotulorum of Herefordshire. XVIII. Power of Survey in Commissioners under this Act the same as in Commissioners of Sewers in respect of any other Rivers, &c. XIX. Commissioners or any Seven may appoint Register, Clerks, &c. XX. Continuance of monthly Levy of £377. 4s. 5d. XXI. In Actions for executing Act. XXII. How Money raised to be applied. XXIII. Trustees of the Navigation may borrow £16,000. XXIV. General Saving of Rights to the Duke of Beaufort and other Persons. XXV. XXVI. If the said Earl of Kent, his Heirs, &c. omit to put up such Lock, or do such Works, for Seven Months, from the 25th March 1696. XXVII. Trustees not to pull down the Iron Mill or Wear of the said Earl, further than is herein mentioned. XXVIII. The said Earl may pull down the said Wear and Lock. XXIX. Recital that the said Earl of Kent or his Ancestors had made Grants of Fishings, and that there might be Suits, &c. concerning the same. XXX. Proviso for Repayment by the said Earl, his Heirs, &c. of the Money paid for such Grants, &c. Footnotes

Recital of Stat. 14 C.II.

and that the said Sir Wm. Sandys, Windsor Sandys, and Henry Sandys had not acted efficiently; and that the Wears upon the said Rivers were mischievous; The said Rivers declared free and common Rivers.

Whereas the free and open Navigation upon the Rivers Wye and Lugg and the Streams falling into them may bee a great increase of Publick Trade and a beneficial easie conveyance of Shipp Timber and a continual Nursery of Seamen for the Supply and Service of His Majesties Navy. And whereas in and by a certaine Act of Parliament made in the Foureteenth yeare of the Reigne of our late Sovereigne Lord King Charles the Second entituled An Act for the making Navigable of the Rivers of Wye and Lugg and the Rivers and Brooks running into the same in the Counties of Hereford Gloucester and Monmouth Sir William Sandys Knight Windsor Sandys Esq[uire] and Henry Sandys Esq[uire] their Heires and Assigns were impowered and authorized (upon the Terms and under the Provisoes in the said Act mentioned) to make the said Rivers navigable portable or paffable for Barges, Boats or other Vessells and to remove all Impediments that might hinder the said Navigation And in and by the said Act of Parliament they the said Sir William Sandys Windsor Sandys and Henry Sandys their Heires and Assigns were invested with the several Powers and Authorities in the said Act mentioned in order to the carrying on improving and perfecting the said Navigation and to render it effectual from time to time And that they the said Sir William Sandys Windsor Sandys and Henry Sandys their Heires and Assignes and noe other should have use or imploy Barges Boats or other Vessells upon the said Rivers and receive take and enjoy all Profitts Benefitts & Advantages that should arise by or for the Carriage of any Co[m]modities upp or downe the said Rivers In and by which said Act of Parliament it was provided That from the City of Hereford to the City of Bristoll there should bee Boats fitted for Passengers as well as Merchandize Weekely to goe to and againe between the said Cities and that the Price of all Carriage should not exceed Two third parts of the lowest Rate formerly taken for Carriage of Co[m]modities between the said Cities And in and by the said Act it was further provided That they the said Sir William Sandys Windsor Sandys and Henry Sandys should finish the said Work before the Nine and twentieth day of September in the Yeare of oure Lord One thousand six hundred sixty and five And that if the said Work should fail and not bee compleated before that time that the Co[m]missioners by virtue of that Act to bee appointed or any Seven of them were thereby impowered to imploy any other Person or Persons to carry on and perfect the said Work And that the Persons soe by the Commissioners imployed should enjoy all Priveleges and performe all things by the said Act granted to the said Sir William Sandys Windsor Sandys and Henry Sandys their Heires and Assigns And in and by the said Act several Su[m]ms of Money that had been formerly raised in the County of Hereford and were designed to bee imployed for the opening of the said Rivers were appointed to be paid to the said Sir William Sandys Windsor Sandys and Henry Sandys they giving Security by the said whole Work to pay (for the Publick Use of the said County) Five Pounds per Annum for ever for every Hundred Pounds that they should so receive And they the said Sir William Sandys Windsor Sandys and Henry Sandys did accordingly in or about the Yeare of oure Lord One thousand six hundred sixty and five receive the said several Su[m]ms of Money which amounted in the whole to One thousand three hundred Pounds. And whereas the said Sir William Sandys Windsor Sandys and Henry Sandys never did any thing towards the making of the said River of Lugg navigable And what they did towards the said Work upon the said River of Wye was performed soe slightly that most of the Locks and Passages by them made did in a very few Yeares fall utterly to decay and ruine. And whereas the several Wears in and upon the said Rivers of Wye and Lugg are not onely a greate Obstruction to the Passage of Boats upon the said Rivers but are likewise an occasion of the destroying the Fish in the said Rivers contrary to the Laws of this Realme Therefore to the end that the Benefitts and Advantages intended to the Inhitants of the County of Hereford by the said Act may not be totally frustrated by the neglect or failure of the said former Undertakers And that the Trade of the said Countie may be encouraged and increased by opening the said Rivers and makeing them and either of them a Co[m]mon Stream for Barges Boats and other Vessells And that the Fish in the said Rivers may be preserved and increased be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That the said Rivers of Wye and Lugg be and from henceforth be accounted deemed and taken to bee free and Co[m]mon Rivers and Streams to and for all His Majesties Subjects freely to make use of for the carrying and conveying of all Passengers Goods Wares and Co[m]modities, by Boats Barges Lighters and other Vessells whatsoever.

II. Provision for opening and cleansing the said Rivers.

The Interest and Powers granted by 14 C. II. to the said Sir Wm. Sandys, Windsor Sandys, and Henry Sandys vested in the Bishop of Hereford and in certain other Persons herein named.

And for the more effectual cleansing and opening of the said Rivers and perfecting what was begun (and not finished) by the before named Undertakers And for the more orderly management Preservation and carrying on of the said Navigation. Be it enacted by the Authority of aforesaid That all and every the Estate Interest Powers Liberties Authorities Priveledges Profitts Commodities Benefitts and Advantages whatsoever which in and by the said Act of Parliament were given and granted unto the said Sir William Sandys Windsor Sandys Henry Sandys theire Heires and Assigns shall from henceforth be lodged and vested in the Lord Bishopp of Hereford for the time being. The Right Honorable James Lord Chandois The Honorable Paul Foley Esq[uire] Speaker of the House of Co[m]mons John Lord Scudamore Thomas Lord Conningsby Sir Herbert Crofts Sir Edward Harley James Morgan Thomas Foley juns Robert Price John Dutton Colt Esquires The Mayor of the Citty of Hereford for the time being The Bayliff of Leominster for the time being William Fiens Robert Dobbins Thomas Geares Serjeant att Law Richard Read jun[er] John Scudamore of Kent Church Robert Harley Edward Harley Esquires their Heires and Assignes for ever And that all and every of the said Powers Liberties Authorities Priveleges p[ro]fitts Co[m]modities Beneffitts and Advantages and all the Estate Right Title and Interest of them the said Sir William Sandys Windsor Sandys and Henry Sandys their Heires and Assigns of in or about the Navigation of the said Rivers Brooks or Streams in the said Act menc[i]oned or any the Ways Passages Streams Locks Weares Turnpikes Pens for Water Cranes and Wharfes upon or adjoyning to the said Rivers and Streams or any of them are and from henceforth for ever hereafter shall bee by the Authority of this present Act lodged and vested in them the said Lord Bishop of Hereford for the time being The Right Honorable James Lord Chandois The Honorable Paul Foley Esq[uire] Speaker of the House of Co[m]mons John Lord Scudamore Thomas Lord Conningsby Sir Herbert Crofts Sir Edward Harley James Morgan Thomas Foley Robert Price John Dutton Colt Esquires The Mayor of the Citty of Hereford for the time being The Bayliff of Leominster for the time being William Fiens Robert Dobbins Thomas Geares Serjeant att Law Richard Reed junior John Scudamore of Kent Church Robert Harley Edward Harley Esquires their Heires and Assignes for ever in Trust onely for the Good and Benefitt of the Inhabitants of the said County of Hereford.

III. The said Bishop of Hereford, &c. to act as the said Sir Wm. Sandys, Windsor Sandys, and Henry Sandys might have acted.

Commissioners to be appointed as by the said Act, and to execute the said Act and this Act upon the request of the said Bishop of Hereford, &c.

And be it further enacted by the Authority aforesaid That they the said Lord Bishop of Hereford for the time being The Right Honorable James Lord Chandois The Honorable Paul Foley Esq[uire] Speaker of the House of Co[m]mons John Lord Scudamore Thomas Lord Conningsby Sir Herbert Crofts Sir Edward Harley James Morgan Thomas Foley Robert Price John Dutton Colt Esquires The Mayor of the Citty of Hereford for the time being The Bayliffe of Leominster for the time being Will[ia]m Fiens Robert Dobbins Thomas Geares Serjeant att Law Richard Reed junior John Scudamore of Kent Church Robert Harley Edward Harley Esquires their Heires and Assignes for ever shall and may from henceforth for ever hereafter act and do all Matters and Things (in the said before recited Act mentioned) requisite and necessary to bee done for the benefitt advantage preservation and improvement of the said Navigation as fully and amply to all Intents and Purposes whatsoever as they the said Sir William Sandys Windsor Sandys and Henry Sandys their Heires or Assigns might could or ought to have done if they on their parts had duely observed the Directions of the said recited Act And the Co[m]missioners for the executing the several Powers in the said recited Act specified shall bee nominated and appointed as in the said recited Act is directed And the said Co[m]missioners are hereby authorized and required from henceforth from time to time upon the Request of the said Lord Bishop of Hereford for the time being The Right Honorable James Lord Chandois The Honorable Paul Foley Esq[uire] Speaker of the House of Commons John Lord Scudamore Thomas Lord Conningsby Sir Herbert Crofts Sir Edward Harley James Morgan Thomas Foley Robert Price John Dutton Colt Esquires The Mayor of the Citty of Hereford for the time being The Bayliffe of Leominster for the time being William Fiens Robert Dobbins Thomas Geares Serjeant att Law Richard Reed junior John Scudamore of Kent-Church Robert Harley Edward Harley Esquires their Heires and Assignes to putt in Execution the Powers to them given and appointed in and by the said recited Act of Parliament, and this present Act as fully and largely to all Intents and Purposes as if the said Powers had been in this present Act particularly menc[i]oed.

IV. The said Bishop of Hereford, &c. may pull down Wears, &c. making Satisfaction to Owners, &c.

And bee it further enacted by the Authority aforesaid That it shall & may be lawfull to and for the said Lord Bishop of Hereford for the time being The Right Honorable James Lord Chandois The Honorable Paul Foley Esq[uire] Speaker of the House of Co[m]mons John Lord Scudamore Thomas Lord Conningsby Sir Herbert Crofts Sir Edward Harley James Morgan Thomas Foley Robert Price John Dutton Colt Esquires The Mayor of the Citty of Hereford for the time being The Bayliffe of Leominster for the time being William Fiens Robert Dobbins Thomas Geares Serjeant att Law Richard Reed junior John Scudamore of Kent-Church Robert Harley Edward Harley Esquires their Heires and Assignes to pull downe and demolish all and every the Wears upon the said Rivers or either of them they first giving satisfaction to the several Owners and Proprietors of the said Wears for the Fee Simple and Inheritance of the said Wears respectively after the Rate of Sixteene yeares Purchase for the cleare yearly Value of such Weares above all Taxes Charges and Reprizes and proportionably for any lesser Estate in the said Wears.

V. Commissioners or any Seven of them empowered to examine upon Oath, and upon such Examination and at the request of the said Bishop and on Notice to settle the yearly Value of Wears, &c.

In case the said Trustees shall not have agreed with the Proprietors; and apportion Purchase Money.

And bee it further enacted by the Authority aforesaid That the Co[m]missioners which from time to time shall bee appointed according to the said recited Act or any Seven of them are hereby authorized by Examination of Witnesses upon Oath (which Oath they or any Seven of them are hereby impowered to administer) or by any other lawfull Ways or Means from time to time and att all. times hereafter upon the request of them the said Lord Bishop of Hereford for the time being The Right Honorable James Lord Chandois The Honorable Paul Foley Esquire Speaker of the House of Co[m]mons John Lord Scudamore Thomas Lord Coningsby Sir Herbert Crofts Sir Edward Harley James Morgan Thomas Foley Robert Price John Dutton Colt Esquires The Mayor of the Citty of Hereford for the time being The Bayliffe of Leominster for the time being William Fiens Robert Dobbins Thomas Geares Serjeant att Law Richard Reed junior John Scudamore of Kent-Church Robert Harley Edward Harley Esquires their Heires or Assigns and due Notice given unto the Party or Parties concerned or left for him or them in Writing att his or their Dwelling House by the space of Six days before hand to determine and settle the just and clear yearely Value or Values of the said Wears Fishings Corne Mills Fulling Mills and Iron Works or any of them respectively (in case the said Trustees their Heires or Assigns shall not before hand have agreed with the Proprietors of the said Wear or Wears Fishings Corne-Mills Fulling Mills and Iron-Works respectively concerning the same) and to settle or appoint what Share or Proportion of the said Purchase Money any Tennant or other Person having any particular Estate Terme or Interest in any such Weare or Wears shall have and receive for his and their respective Interest therein.

VI. Decrees of the said Commissioners or any Seven of them to be recorded and subject to Examination or appeal.

And be it further enacted by the Authority aforesaid That the Orders Determinations and Decrees of the said Co[m]missioners or any Seven of them touching the Premisses shall bee binding to all and every Person and Persons Body or Bodies Politick or Corporate whatsoever therein concerned and their Heires Successors Executors Administrators and Assigns and all Persons claiming by from or under them and shall bee [preserved and sett downe (fn. 1) ] upon Record in such sort manner and for me as in and by the said before recited Act is directed and shall bee subject to such Examination or Appeal as in and by the said is directed and no other.

VII.

Charge of opening the said Rivers how defrayed.

And forasmuch as the purchasing of the said Wears and the giving Satisfaction to the several Persons concerned in and upon the said Rivers is likely to amount to a very great Su[m]m of Money which Charge ought to bee born by the County of Hereford in regard that the Benefitt and Advantage of opening the said Rivers is likely for the most part to accrue unto the said County which Charge cannot be reduced to a certaine Su[m]m until the several. Proprietors therein concerned shall have been first treated and agreed withal or the Values thereof ascertained according to the Direction of this Act Therefore for the more regular and equal levying of Money in and upon the said County of Hereford for the defraying the Charge of opening the said Rivers and making them portable and passable for Boats and doing such things as are necessary and incident thereunto Be it further enacted by the Authority aforesaid That such Su[m]m and Su[m]ms of Money as shall by the Co[m]missioners for the said Rivers inhabiting in the County of Hereford (to be named according to this and the before recited Act) or any Seven or more of them bee deemed & adjudged necessary and sufficient for to answer and satisfie the said Expence and Charge shall bee assessed taxed levied and paid in the said County of Hereford att such time and times and by such several Payments and Proportions and in such manner and forme as is herein after by this Act directed and appointed.

VIII. The Amount of Monies to be raised per Month limited.

Proportion of Herefordshire.

Provided neverthelesse That the Su[m]m and Su[m]ms so to be assessed or levied on the said County shall not exceed the Su[m]m or Proportion of Three hundred seventy seven Pounds Foure Shillings Five Pence per mensem being a Third part of the whole One thousand one hundred thirty one Pounds Thirteen Shillings and Foure Pence Tax usually charged upon the said County of Hereford as its Proportion when the Su[m]m charged upon the whole Kingdome amounted to Threescore and eight thousand eight hundred and nineteen Pounds and nine Shillings per mensem.

IX. Commissioners to assess and levy such Monies.

Yearly Amount.

And bee it further enacted by the Authority aforesaid That the Co[m]missioners for the said Assessment herein after appointed shall from time to time tax assesse and levy in and upon the said County of Hereford and the City of Hereford and Borough of Leominster for and towards the carrying on and compleating of the said Work such Su[m]m and Su[m]ms of Money (not exceeding in any one yeare the Su[m]m of Foure thousand five hundred twenty six Pounds Thirteen Shillings and a Penny being the Third part of One Years Assessment upon the said County att the Rate aforesaid) as the Com[m]issioners for the said Rivers inniting in the said County of Hereford (to be named and made according as in this and the before recited Act is appointed) or any Seven of them shall under their Hands and Seals direct & appoint.

X. The Commissioners under the 7 & 8 W.III. c.5. to be Commissioners under this Act for levying Monies.

And bee it further enacted by the Authority aforesaid That all and every the Persons named and appointed Co[m]missioners for the County of Hereford City of Hereford and Borough of Leominster by an Act made in the Seventh Yeare of His Majesties Reigne intituled An Act for granting to His Majesty an Aid of Foure Shillings in the Pound for One yeare for carrying on the Warr against France shall be Co[m]missioners for the said Assessments for the said County of Hereford and the Citty of Hereford and the Borough of Leominster within the said County of Hereford respectively for the assessing levying and raiseing the said Money for the Purposes aforesaid.

XI. The said Comissioners in levying the said Monies to have and execute the Powers limited by 7 & 8 W.III.c.5.

The like Provision as to Collectors, &c; and also as to their Allowances.

And bee it further enacted by the Authority aforesaid That the said Co[m]missioners and every of them shall have and execute the same Powers and Authorities Rules and Directions touching the better assessing distributing collecting levying receiving and paying the said Money appointed to bee levied and raised according unto and by virtue of this present Act and in as large and ample manner as are or were limitted enacted directed given and appointed to the Co[m]missioners named in the said Act of Parliament made in the Seventh Yeare of His Majesties Reigne intituled An Act for granting to His Majesty an Aid of Foure Shillings in the Pound for One Yeare for carrying on the Warr against France And that the Collectors High Collectors Receiver or Receivers General and other Officers and Persons that shall bee nominated appointed and directed by the said Co[m]missioners to putt this Act in Execution for levying the said Money shall have the same Powers Priveleges and Authorities and the like Allowances in Proportion as were given to the like Officers for the executing of the said last mentioned Act.

XII. Times and Places of Meeting and Proceeding of the said Commissioners.

Commissioners to act according to 7&8 W. III. c.5.

And be it further enacted by the Authority aforesaid That the said Co[m]missioners for the said Assesments shall meet together att the most usual and co[m]mon Place of Meeting within the said County City and Borough at such time and times as the Co[m]missioners for the said Rivers inhabiting in the said County of Hereford shall by Order or Warrant under the Hands and Seals of Seven or more of them direct and appoint And the said Co[m]missioners for the said Assessments shall from time to time proceed to putt this Act in Execution for the assessing and levying upon the said County City and Borough such Su[m]m and Su[m]ms of Money as the said Co[m]missioners for the said Rivers or any Seven of them under their Hands and Seals shall from time to time direct and appoint (not exceeding the Proportions herein before expressed) and shall act therein according to the Rules and Directions given in and by the last before mentioned Act unto the Co[m]missioners therein named.

XIII. Commissioners at First general Meeting to appoint Receivers General.

Their Duty.

And be it further enacted by the Authority aforesaid That the said Co[m]missioners for the said Assessments or the major part of them att their First general Meeting shall nominate and make one or more Receiver or Receivers General for the said County who shall receive from the High Collectors of the several Hundreds the said Money so collected and shall issue out and pay the same from time to time according as the Co[m]missioners for the said Rivers inhabiting in the said County of Hereford or any Seven or more of them shall (by Warrant under their Hands and Seals) direct order and appoint and not otherwise.

XIV. Commissioners to take Security of Receivers General.

And be it further enacted by the Authority aforesaid That the Co[m]missioners for the said Assessments before named shall take of the said Receiver or Receivers Generall good and sufficient Security for the answering and paying the Money that shall be by him or them respectively received and every Part thereof unto such Person and Persons and in such Manner and For me as the Co[m]missioners for the said Rivers inhabiting in the County of Hereford or any Seven of them under their Hands and Seals shall order direct and appoint and not otherwise.

XV. Receivers to account to Commissioners.

Commissioners to deliver yearly to Michaelmas Quarter Sessions, Copy of Orders and Accounts.

And be it further enacted by the Authority aforesaid That the Receiver or Receivers General to be appointed according to this Act shall from time to time when and so often as hee or they shall bee thereunto required give and make unto the said Co[m]missioners for the said Rivers inhabiting in the County of Hereford or to any Seven of them a true Account of all the Money by him or them respectively received and of whom and of all the Money by him disbursed and to whom and by what Order And that the said Co[m]missioners for the said Rivers shall yearly att Michaelmas Quarter Sessions cause their Register or Clerk to bring and deliver to the said Court a Copy or Transcript of their Orders and Accounts for the next before going Yeare there to bee preserved amongst the Records of the said Court.

XVI. How Commissioners or any Seven of them may employ Surplus Money remaining after clearing the said Rivers.

And be it further enacted by the Authority aforesaid That if it shall happen that after the Payment for and demolishing of the said Wears Mills and Iron-works and clearing the said Rivers from all Obstructions that may hinder the passage of Barges & Boats upon the said Rivers there shall remaine any part of the Money raised and undisposed of by virtue of this Act that then it shall and may be lawfull for the said Co[m]missioners for the said Rivers inhabiting in the County of Hereford or any Seven or more of them by Warrant under their Hands and Seals to order and direct the imploying of such part as they shall think fitt of the Money soe remaining for the building of Warehouses or Store-houses and Tenements for the Habitation of Warehouse-keepers or Storekeepers in and upon the Scite of the Castle of Hereford (the same having been heretofore purchased for the said County in the Names of certaine Persons in Trust for them) and to make one or more Warehouse-keeper or Warehouse-keepers to take the Charge and Care of the Goods and Merchandizes that shall be brought thither.

XVII. On the Completion of the said Works the Conveyances of the said Wears, &c. and Account of Monies disbursed left with Custos Rotulorum of Herefordshire.

And bee it further enacted by the Authority aforesaid That so soon as the said Work shall be compleated all Conveyances that shall be taken of or for any of the said Wears and Mills and a perfect Account of all the Money that shall be disbursed for purchasing or demolishing of the said Wears and Mills and for clearing of the said Rivers shall be brought unto and left with the Custos Rotulorum of the said County of Hereford to be kept and preserved amongst the Records of the Sessions of the Peace for the said County.

XVIII. Power of Survey in Commissioners under this Act the same as in Commissioners of Sewers in respect of any other Rivers, &c.

Charge borne by Herefordshire.

And be it further enacted by the Authority aforesaid That the Co[m]missioners for the said Rivers living in the County of Hereford to be named from time to time according as in the First before mentioned Act is directed shall (for the cleansing the said Rivers and removing, all Impediments and Annoyances in the same) have the same Power and Authority to survey the said Rivers and all Mills Mill-banks Wears and Flood-Gates upon the said Rivers and all Streams falling into them and all Impediments and Annoyances in the same and to make like Processe to enquire thereof and to make such Orders and Decrees for altering amending abating or removing the same and for keeping the said Rivers open and portable for Boats that any Co[m]missioners of Sewers by any Law Statute or Co[m]mission of Sewers are enabled to doe in any other Rivers and Places Any Law or Statute to the contrary notwithstanding Provided neverthelesse that the Charge thereof shall be laid upon and born by the County of Hereford onely.

XIX. Commissioners or any Seven may appoint Register, Clerks, &c.

and allow Salaries, &c.

And be it further enacted by the Authority aforesaid That the Co[m]missioners for the said Rivers inhabiting in the County of Hereford or any Seven or more of them shall and may by order under their Hands and Seals constitute and appoint a Register and one or more Clerk or Clerks for the making entring and enrolling of the Orders Warrants and Decrees of the said Co[m]missioners and to appoint such other Officers and Agents as they shall think, needfull to be imployed in and for the carrying on and finishing the said Work and to allow them such Sallaries or Wages (out of the Money that shall bee soe as aforesaid levied) as they or the greater part of them shall judge fitt and necessary to be given to them for their Pains in and about the Premisses.

XX. Continuance of monthly Levy of £377. 4s. 5d.

Provided always and be it further enacted by the Authority aforesaid That the said Su[m]m of Three hundred seventy seven Pounds foure Shillings and five Pence directed by this Act to bee laid Monthly on the County of Hereford and the Powers given by this Act to the Co[m]missioners for levying the same shall continue from the Twenty fourth day of June One thousand six hundred ninety six to the Twenty fourth Day of June One thousand seven hundred and no longer.

XXI. In Actions for executing Act.

General Issue may be pleaded; Double Costs.

And be it further enacted by the Authority aforesaid That if any Action Suit or Information shall be co[m]menced or prosecuted against any Person or Persons for any thing that hee or they shall doe or cause to be done in pursuance or in Execution of this or the first before recited Act such Person or Persons soe sued in any Court whatsoever shall and may plead the General Issue and upon any Issue joyned may give this Act & the special Matter in Evidence And if [in (fn. 2) ] any such Suit the Plaintiff or Prosecutor shall become Nonsuit or forbeare further Prosecution or suffer a Discontinuance or if a Verdict shall passe against him (then in any of the said Cases) the Defendant or Defendants shall recover double Costs for which hee and they shall have the like Remedy as in any other Case where Costs by Law are given to Defendants.

XXII. How Money raised to be applied.

Provided always and be it enacted by the Authority aforesaid That the Money to be raised or borrowed by virtue of this Act as it is received and comes in shall in the first place be applied to purchase the Wears ordered to bee pulled downe by virtue of this Act upon the several Rivers (that is to say) Three Fourths for the Wears on the River Wye and One Fourth for the Wears on the River Lugg.

XXIII. Trustees of the Navigation may borrow £16,000.

Application thereof, repaid with Interest at £4 per Cent. per Annum.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull for the Trustees of the Navigation appointed by this Act to borrow and take att Interest for the making the said Rivers of Wye and Lugg navigable by way of Loan any Su[m]m or Su[m]ms of Money not exceeding in the whole the Su[m]m of Sixteen thousand Pounds All which Su[m]m or Su[m]ms of Money soe to be taken upp or borrowed shall be applied to the making the said Rivers navigable and to no other Purpose whatsoever and shall be repaid by the said Trustees with Interest for the same not exceeding Foure Pounds per [Centum (fn. 3) ] per Annum to such Person or Persons their Executors Administrators or Assigns as shall advance or lend the same in Course as the same shall be lent for which this Act shall be their Security.

XXIV. General Saving of Rights to the Duke of Beaufort and other Persons.

Saving always and reserving unto his Grace Henry Duke of Beaufort and to the Right Honorable Charles Marquesse of Worcester Son and Heire Apparent to the said Duke of Beaufort and the Right Honorable Anthony Earle of Kent and to the Towne of Monmouth and to all other Person or Persons and their respective Heirs Successors & Assigns all Rights Royalties Tolls Liberties and Priveledges of Fishing or otherwise in or upon the said River of Wye which they or any of them respectively have had or enjoyed and of right ought to have enjoy or use in or upon the said River by virtue of any Grant or Grants Prescriptions or Usage or any other lawfull Ways or Means whatsoever before the making this present Act of Parliament And that they respectively and their respective Heires Successors and Assigns shall and may have and enjoy the same Rights Royalties Liberties & Priveledges as aforesaid in and upon the said River as fully freely and beneficially to all Intents and Purposes and by the same lawfull Ways and Means as they or any of them respectively might or ought to have done before the making this Act of Parliament (other then by keeping up maintaining or useing their or any of their Wears in the said River appointed to be purchased of them and to be demolished) Any thing in this present Act to the contrary thereof in any wise notwithstanding and as if this present Act hadd never been hadd or made.

XXV.

The Earl of Kent, his Heirs, &c. and any other Person having an Interest in the new Wear to make and maintain; a Lock upon the said River Wye where the said new Wear now stands; and to build a House Rent—free for and to pay a Person £10 per Annum for opening and shutting the said Lock; and to do certain Works for preserving Salmon and other Fish.

And whereas the Right Honorable Anthony Earle of Kent is possessed of a Wear called New Weare upon the said River Wye in the said County of Hereford and a Forge or Iron-work and for the Benefitt of the said Navigation and Fishery is contented att his owne Charge to make such Lock and doe such things as are herein after mentioned on his and their parts to bee done and performed and to debarr himselfe and his Heirs for the future from taking any Fish whatsoever att the said Weare Lock or Forge Be it therefore hereby further enacted by the Authority aforesaid That the said Earle of Kent His Heires and Assigns and all such Person and Persons as now have or hereafter shall or may have any Estate Right Title or Interest whatsoever in the said Wear called New Wear the better to effect the Navigation of the said River shall from time to time for ever hereafter att his and their owne p[ro]per Costs and Charges make and maintaine a good convenient and sufficient Lock in and upon the said River att or neare the place where the said Weare now stands such as shall consist with the Navigation of the said River and the passing of all Boats upp and downe the said River there And shall likewise att all times hereafter att his and their owne proper Costs and Charges build and keep in good Repaire a fitting and convenient House upon his the said Earle of Kents Lands next adjoyning to the said New Wear for the perpetual Habitation of a Person Rent free to keep the said Lock and constantly to attend the opening and shutting thereof Which Person shall be always named and appointed by the said Trustees for the River named or appointed in this Act or any Seven or more of them for the time being And further that the said Earle of Kent his Heires and Assigns and all Persons having any Right Title or Interest in the New Wear as aforesaid shall for ever pay unto such Person attending the opening and shutting of the said Lock the yearely Su[m]m of Ten Pounds by Foure Quarterly Payments And for the better Preservation of the Salmon and other Fish from being taken by any Weels Netts Potts Engines or other Devices att the said New Wear Lock or Forge and for their more convenient Passage up and downe the said River the said Earle of Kent his Heires and Assigns and all Persons claiming or to claim any Estate Title or Interest in the said New Wear shall take downe Ten Yards in Length of the said Wear full Twelve Inches lower then the now lowest part of the said New Weare in such part thereof as is or shall be next adjoining to the said Lock and shall make and maintaine a plain smooth and slope descent from the said lowered Ten Yards of the said Wear to the bottom of the said River such as is usual in the like Cases and shall be sufficient for preserving the Fish from being taken and shall not lay or place any Netts Snares Engines Weels Potts or other Devices whatsoever in or upon that or any other part of the said Wear Lock or Forge nor take or destroy the said Fish or hinder or obstruct their free Passage there.

XXVI. If the said Earl of Kent, his Heirs, &c. omit to put up such Lock, or do such Works, for Seven Months, from the 25th March 1696.

then the said Trustees may appoint Persons to do the same; and to repaire, in case the said Earl of Kent, his Heirs, &c. shall neglect, upon Notice; and the Trustees may levy the Charges incurred by Distress; and no Privilege allowed or pleaded in such Proceedings.

And for the better and more certaine effecting the said Navigation Itt is hereby further enacted That in case the said Earle. of Kent his Heires or Assigns shall omitt or neglect the making and putting up such House and Lock or taking downe Ten Yards in Length of the Wear aforesaid Twelve Inches lower or making the said smooth Slope to the bottom of the River so as the Fish may be preserved from being taken which by this Act hee and they are required to doe and performe relating to the said House Lock Wear and Fishery by the space of Seven Months after the Five and twentieth Day of March in the Yeare of oure Lord One thousand six hundred ninety six or if the said Anthony Earle of Kent his Heirs or Assigns shall omitt neglect or refuse the doeing and performing any other matter or thing on his or their part to be done or performed by virtue of this Act that then it shall and may be lawfull to and for the said Trustees or any Seven or more of them and they are hereby authorized and impowered to direct appoint and imploy Agents and Workmen to doe and performe the same and every other thing on the said Earle of Kent his Heires or Assignes part to be done by virtue of this Act and from time to time for ever to amend and repaire the said Lock House and Passage for Fish and every part thereof if it shall want Reparation in case the said Earle of Kent his Heires or Assigns or any other Person or Persons having any Estate or Interest in the said Wear shall neglect doeing the same by the space of Foure Weeks after Notice in Writing given att the Mill or Forge there or Farme called Killyards herein after mentioned or to the said Earle of Kent his Heires or Assignes under the Hands and Seals of any Seven of the said Trustees And further That in case the said Earle of Kent his Heires or Assigns or such Person or Persons that hereafter may have any Title or Interest in the said New Weare shall faile in the Performance of all or any of the severall Appointments of this Act that then and soe often it shall be lawful for the said Trustees or any Seven or more of them to levy by Distresse upon the said Forge or the said Farme and Lands there called Killyards now in the Possession of George White situate and being in the Parishes of Whittchurch and Ganarew in the said County of Herefored such Su[m]m and Sum[m]s of Money as shall be actually expended in making good such Failure and all Arrears of the said Ten Pounds per Annum with the Costs and Charges thereof and all Money which shall be expended in doeing such other Matters or Things on the part of the said Anthony Earle of Kent his Heirs or Assignes to be done or performed by virtue of this Act for the free Navigation of the said River and Preservation of the Fish as aforesaid in which Proceedings noe Priveledge of Parliament Peerage or any other Protection whatsoever shall be claimed pleaded or allowed of in any Court or Courts whatsoever.

XXVII. Trustees not to pull down the Iron Mill or Wear of the said Earl, further than is herein mentioned.

Provided always That nothing in this Act contained shall extend or be construed to extend to impower the said Trustees or any Person or Persons whatsoever att any Time or Times hereafter by virtue of this Act to pull downe or abate the said Iron-Mill or Forge of the said Earle of Kent or to pull downe or abate the said Wear or Lock of the said Earle of Kent otherwise than for building altering amending or repairing the said Weare & Lock as aforesaid.

XXVIII. The said Earl may pull down the said Wear and Lock.

If the said Wear and Lock decay, &c. so as to leave the said Rivers open, the said Earl, his Heirs, &c. not obliged to maintain the same, or to pay the said £10 per Annum; Occupiers of the said Wear, or other Person hindering Navigation, Penalty £100; Limitation of Prosecution; Full Costs.

Provided alsoe and be it enacted by the Authority aforesaid That it a shall and may be lawfull to and for the said Earle of Kent his Heires or Assignes to pull downe remove and abate the said Wear and Lock if they shall think fitt so to doe And that if att any time hereafter the said Wear and Lock shall be pulled downe or suffered to decay and fall downe soe as the said River shall be left open and free & no Obstruction thereby of the said Rivers being navigable in that place That then and so long as the same River shall continue open and free no Obligation shall remaine upon the said Earle his Heires or Assignes to maintaine or keep up the said Lock or Wear and the said yearly Rent [or Su[m]m (fn. 4) ] of Ten Pounds per Annum shall cease and not be paid for that time Any thing herein contained to the contrary notwithstanding And if any Tenant Undertenant or Occupier of the said Wear or any other Person or Persons whatsoever shall hinder or cause to be hindred any Boats Barges or Vessells from passing through the said Lock or shall destroy or cause to be destroyed any Fish att the said Wear Lock or Forge contrary to the Provision herein before for that Purpose made Then every such Tenant Undertenant Occupier or other Person so offending shall forfeit for every such Offence the Su[m]m of One hundred Pounds of lawfull Money of England to any Person that shall within Six Months after the Offence co[m]mitted sue for the same by Action of Debt Bill Plaint or Information in any of His Ma[jes]ties. Courts of Record att Westminster wherein no Essoigne Protection Privelege of Parliament or other Privelege Wager of Law or more then one Imparlance shall be allowed and in such Action the Plaintiff shall recover his full Costs

XXIX. Recital that the said Earl of Kent or his Ancestors had made Grants of Fishings, and that there might be Suits, &c. concerning the same.

All such Grants, &c, declared void.

And whereas the said Anthony Earle of Kent his Heirs and Assigns are by virtue of this present Act debarred from taking any Fish in the said Wear Lock or Forge and hee the said Earle of Kent or his Ancestors having made Grants for Lives or Yeares or for Yeares determinable upon Lives to several of his Tenants and others of Fishings in the said River of Wye att or neare the Place where the said Wear Forge or Lock now stands and in several other Parts of the said River which has been little or no Advantage to them and least that there may be any Suits and Controversies for the future between the said Earle his Heires or Assigns and the said Grantees or Lessees of the said Fishings the said Earle being willing to repay the said Grantees or Lessees or those interested in the said Fishings what Fines they have respectively paid for such Leasses or Grants Therefore for the better enabling the said Earle of Kent his Heires and Assignes to execute such Matters and Things as by this Act hee is obliged to doe Itt is hereby further enacted by the Authority aforesaid That all Articles Contracts Covenants Leases and Grants for any Number of Yeares Lives or for Yeares determinable upon Lives made to and with any Person or Persons by the said Earle or any of his Ancestors of for or concerning any Fishing Royalty of Fishing Liberty of fishing or taking Salmons or other Fish in any part of the said River shall from and after the Foure and twentieth Day of June in the Yeare of our Lord One thousand six hundred ninety six be absolutely void and of none Effect.

XXX. Proviso for Repayment by the said Earl, his Heirs, &c. of the Money paid for such Grants, &c.

Provided and it is hereby enacted That the said Earle his Heires or Asssigns shall repay unto such Person and Persons his and their Executors Administrators or Assigns whose Articles Covenants Leases or Grants shall hereby be made void all such Su[m]m and Su[m]ms of Money as hee the said Earle of Kent or any of his Ancestors have respectively received for the same as Fines for such Grants or Leases and that none of the said Articles Contracts Covenants Leases or Grants whereupon Fines have been paid shall be hereby made void until such Fines are repaid or tendred to be repaid as aforesaid.

Footnotes

1 sett down and preserved O.
2 interlined on the Roll.
3 Cent O.
4 interlined on the Roll.