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William III, 1698-9: An Act to enable the Mayor and Citizens of the City of Chester to recover and preserve the Navigation upon the River Dee. [Chapter XXIV. Rot. Parl. 11 Gul. III. p.4.n.3.]

Pages 626-632

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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Citation:

In this section

Reasons for passing this Act

Rates to be paid to the City of Chester for Goods brought from 25th April 1700, for 21 Years; The said Rates to be paid by the Persons herein mentioned.

Whereas the River Dee was heretofore navigable for Shipps and Vessells of considerable Burden from the Sea to the City of Chester but by Neglect of the said River and for want of sufficient Banks Works and Fences on the Sides thereof against the Flux and Reflux of the Sea especially betweene the new Tower of the said City and a certaine Point of Land in the County of Chester about One Mile distant from the said Tower commonly called Blacon-Point the Channell of the said River is become soe various and uncertaine that by Sands and otherwise the Navigation to the said City is almost lost and destroyed And if the said River were reduced and preserved within reasonable Bounds the same would by Navigation thereupon be of great Benefitt to the Publick by breeding up of Seamen and by Incouragement and Increase of Trade And whereas the Citizens of the said City are willing and desirous that for recovering and preserveing the said Navigation certaine Duties should be laid upon such Coales and Lime and Limestone as shall be brought to and unloaded within the Liberties of the said City May it please Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That from and after the Five and twentieth Day of Aprill which shall be in the Yeare of our Lord One thousand seaven hundred and for and during the Terme of One and twenty Yeares thence next ensueing and no longer there shall be paid to the Mayor and Citizens of the said City for and towards the defraying the Charges of recovering and preserving the said Navigation For every Barrell of Coales and Lime or Limestone each Barrell containing Ten score Pound Weight which shall be brought to the said City of Chester either by Land or by Water-Carriage and unloaded within the Liberties of the said City (and soe proportionably for every greater or lesser Quantity of Coals and Lime or Limestone) such Summ or Summs of Money not exceeding Three Halfe Pence for every such Barrell of Coales and Two Pence for every such Barrell of Lime or Limestone as the Mayor Aldermen and Common Councill of the said City in Common Councill assembled shall from Time to Time order and appoint which Duties and Summs of Money soe ordered and appointed to be paid as aforesaid shall be paid immediately upon bringing and unloading the same Coales and Lime or Limestone within the Liberties of the said City by the respective Person and Persons hereafter mentioned (that is to say) the Duties upon all Coals Lime and Limestone which shall be brought by Water shall be paid upon unlading the same within the Liberties of the said City by the Master or Owner of such Boat or Vessell in or by which such Coales Lime or Limestone shall be soe brought And the said Duties upon all Coales Lime and Limestone which shall be brought by Land and unloaded within the Liberties of the said City (and not exposed to sale) shall be paid upon bringing and unloading the same by such Person and Persons who shall bring or unload the same And the said Duties upon all Coales Lime and Limestone which shall be brought by Land and exposed to sale and sold within the Liberties of the said City shall be immediately paid by such Person and Persons only who shall buy the same without makeing any Defalcation from the Seller or Sellers thereof according to the Markett Price.

II.

The Corporation to appoint Collectors.; Collectors to pay Monies received to the City Treasurer.

And to the Intent that the said Duties and Summs of Money to be paid as aforesaid may be duely collected and levied to the Use and Purpose aforesaid Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor Aldermen and Common Councill in Common Councill assembled from Time to Time and at all Times during the said Terme of One and twenty Yeares to nominate and choose such Person or Persons to be Collector or Collectors Receiver or Receivers of every such Summ and Summs of Money as shall be ordered and appointed to be paid as aforesaid as they shall thinke fitt All which Summs of Money the said Collector and Collectors Receiver and Receivers shall from Time to Time pay or cause to be paid into the Hands of the Treasurers of the same City for the Time being or into the Hands of such other Person or Persons as the said Mayor Aldermen and Common Councill in Common Councill assembled shall direct and appoint for the Intent and Purpose aforesaid and for no other Use Intent or Purpose whatsoever.

III. Regulations for selling Coals, Lime and Limestone Brought in for Sale.

Buying or removing same before Duty paid,; Penalty; Application thereof.

And for the easier Collection and Payment of the said Duty on [Coales (fn. 1) ] Lime and Limestone Be it enacted by the Authority aforesaid That all Coale Lime and Limestone brought to the said City for sale within the said City or the Liberties thereof by Carts Horses or other Land Carriage shall be brought to some such publickly convenient Place or Places within the said City as the Mayor Aldermen and Common Councill of the said City in Common Councill assembled shall from Time to Time order and appoint for that Purpose to be publickly exposed to sale And in case any Person or Persons liable to pay the said Duty shall without Payment of the same first truely made to the Collector or Officer appointed to receive the said Duty or Agreement made for that Purpose buy remove and carry away any Coale Lime or Limestone in from or out of other Place or Places within the Liberties of the said City than such publick Place or Places to be soe appointed he she or they soe buying removeing and carrying away such Coale Lime or Limestone shall forfeite the Value of the said Coal Lime and Limestone soe bought removed and carried away to be levied by Distresse and Sale of the Goods of such Person or Persons in such Manner as in this Act is expressed for Recovery of the said Duty one Moiety whereof shall be to the Informer and the other Moiety thereof shall be applyed to and for the Recovery and Preservation of the said Navigation.

IV. If Duties not paid,

Collectors may distrain the Goods, and also the Boats, Carriages, &c.; and if Duty not paid within Ten Days, Collector may sell Distress.

And be it further enacted by the Authority aforesaid That in case the said Duties and Summ or Summs of Money soe ordered and appointed to be paid as aforesaid shall not be duely paid according to the true Intent and Meaneing of this Act that then and soe often it shall and may be lawfull to and for the said Collector and Collectors Receiver and Receivers and every or any of them to take stop and distraine the Boats or Vessells on or by which the said Coals and Lime or Limestone shall be soe brought as aforesaid and all Tackle Apparell and Furniture belonging to any such Boat or Vessell or any Part thereof and alsoe the Carts Carriages or Beasts of Burden on or by which any Coale Lime or Limestone not designed for sale shall be brought and all Coale Lime and Limestone soe brought in for sale after the sale and unloading thereof in the Hands only of the Buyer or Buyers thereof and the same to detaine and keepe untill he or they be satisfied and paid the said Duties and Summs of Money and every of them And in case of Neglect or Delay of or in the Payment of the said Duties or Summ or Summs of Money or any of them for Ten Daies after any Distresse or Distresses soe taken as aforesaid that then it shall and may be lawfull [to and (fn. 2) ] for the said Collector and Collectors Receiver and Receivers and every or any of them to sell the said Distresse and Distresses soe taken and therewith to satisfie him or themselves aswell of and for the said Duty soe neglected and delayed to be paid and for which such Distresse shall be taken as aforesaid as alsoe for his and their reasonable Charge in the takeing and keeping such Distresse rendring the Overplus (if any be) to the Owner

V. Corporation may choose and displace Officers,

and are to take Security for executing Office Allowance to Collectors.

And be it enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor Aldermen and Common Councill in Common Councill assembled from time to time and as often as they shall think fitt during the said Terme of One and twenty Yeares to nominate choose putt in place displace or remove Collector Receiver Officer Overseer Workman or Labourer that shall be employed in any Worke or Imployment for recovering and preserving the Navigation upon the said River and to take reasonable Security in the Name of the said Mayor and Citizens from every such Collector Receiver or other Officer for the true and faithfull executing his or their Office in and about the Premisses according to the true Intent and Meaneing of this Act And the said Collector and Collectors Receiver and Receivers to be nominated and chosen as aforesaid shall from Time to Time be allowed for their Paines in executing the said Office out of their respective Receipts soe much as the said Mayor Aldermen and Common Councill in Common-Councill assembled shall think fitt not exceeding One Shilling in the Pound.

VI. Application of Monies received by virtue of this Act.

Accounts of Collectors to be inspected by Corporation, to whom Collectors are to account.

And to the Intent that after such Allowances made all and every Summ and Summs of Money which shall be collected levied or received by vertue of this Act may be imployed for and towards the recovering and preserving the Navigation upon the said River Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor Aldermen and Common Councill in Common-Councill assembled and they are hereby required from time to time to dispose of order and direct Payment of all and every Summ and Summs of Money ariseing by this Act for Materialls Workmens Wages or otherwise in such Manner and by such Proportions as they the said Mayor Aldermen and Common Councill shall think most expedient for and towards the recovering and preserving the Navigation upon the said River and alsoe to inspect and take Accounts of the Collections Receipts and Disbursements of all such Moneys as shall be collected and levied by virtue of this Act and to call before them the Collectors Receivers and others who shall be intrusted with the Collection Receipt or any Imployment of the Moneys to be collected and received by vertue of this Act who are hereby required to render them a true Account thereof

VII. Corporation may agree with Surveyors, &c. for the Erection of necessary Works; and pay for the same.

Provided alwaies and it is further enacted That it shall and may be lawfull to and for the said Mayor Aldermen and Common Councill in Common Councill assembled to contract and agree with any skilfull Person or Persons for erecting making and accomplishing any Work or Works which they shall conceive necessary for the Purposes aforesaid soe as good and sufficient Caution or Security be given for the true Performance of the said Contract And upon Performance of such Contracts and Agreements that then the Summ or Summs of Money contracted for shall be paid by the Receiver or Receivers out of the Duties and Summs of Money ariseing by this Act to such Person or Persons as the said Mayor Aldermen and Common Councill in Common Councill assembled shall order and appoint

VIII. Account of Receipts and Payments to be kept by Corporation.

And be it further enacted by the Authority aforesaid That a true and perfect Account of all Collections Receipts and Disbursements by virtue of this Act for making and maintaining the said River navigable or any thing relating thereunto shall from time to time be duely kept and entred in a Booke or Books to be provided and kept by the said Mayor and Citizens for that Purpose

IX. Corporation to appoint Seven Commissioners for executing this Act;

who are to meet Quarterly or oftener; Accounts to be produced. Commissioners to summon Collectors and others, and examine upon Oath and inspect and correct or allow Accounts; and sign and seal Duplicates thereof, to be kept amongst the Records of Sessions; Collectors found in Arrear, or refusing to account, Proceedings; Corporation to answer Monies paid to Collectors.

And for the more easie Dispatch of Businesse in carefully examineing stating and correcting the said Accounts Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor Aldermen and Common Councill in Common Councill assembled and they are hereby required from time to time yearely or oftner if they shall thinke fitt to appoint Seaven or more discreete and fitt Persons whereof the Mayor and Two of the Justices of the Peace of the said City for the Time being shall be Three of them to be Commissioners for putting in Execution such Powers and Authorities as are hereby given them and for that Purpose to meet together once in every Three Months or oftner if need be in the Inner Pentice of the said City at such convenient Time and Times as the said Mayor Aldermen and Common Councill in Common Councill assembled shall appoint for that Purpose or if no certaine Time be soe appointed then at such Time and Times as the said Commissioners or the greater Number of them shall thinke fitt And at every such Meeting the said Books and Accounts with the Vouchers for the same shall be produced And the said Commissioners or any Five of them whereof the said Mayor or one of the said Justices shall be one shall and have hereby power to summon before them the said Collectors and Receivers or any other Person or Persons interested or not interested and to examine them upon Oath (which Oath the said Mayor or one of the said Justices have or hath hereby Power to administer) touching the Truth of any Matter contained in or omitted in the said Books or Accounts touching any Receipts or Disbursements received or made by virtue of this Act And upon Examination and due Proofe thereof the said Commissioners present at such Meeting or the greater Number of them shall and may state correct and allow the said Accounts under their Hands and Seales and shall likewise signe and seale a Duplicate of such Accounts soe stated and allowed which shall be transmitted and kept among the Records of the Sessions of the Peace for the said City of Chester by the Clerke of the Peace for the Time being of the said City And in case the said Collector or Collectors Receiver or Receivers or any of them shall be found in arreare or refuse to render such Account that then the said Commissioners present at such Meeting or the greater Number of them shall and may by Warrant under their Hands and Seales levy by Distresse and Sale of the Goods and Chattells of such Person or Persons soe refusing to account and who shall be charged with Moneys in his or their Hands or in arreares as aforesaid such Summ and Summs of Money as he or they shall be soe charged with rendring the Overplus and for want of such Distresse by like Warrant to committ such Person or Persons to the Common Goale of the said City untill such Time as he or they shall account and pay or secure to be paid such Summ or Summs of Money as he or they shall be respectively charged with and that the Mayor and Citizens of the said City shall answer and make good such Moneys as shall be collected or levied and paid into the Hands of any Collector or Collectors Receiver or Receivers by them nominated as aforesaid

X. Corporation to make and keep the said River navigable, as herein mentioned;

may dig for Soil, &c. upon Grounds herein mentioned; making Recompence to the Owners; If any Dispute in respect thereof, Two Justices may determine.

And for the better effecting the said Worke in recovering and preserving the said Navigation Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor and Citizens and their Successors from time to time and at all times hereafter to make and keepe the said River navigable from the Sea to the said City of Chester in such Manner that Shipps and Vessells of the Burden of One hundred Tuns and upward full loaded may come and goe with Ease and Safety to and from the said New Tower of the said City and to that End to alter direct and make the Channell of the said River or cause the same to be altered directed and made to run in and through such Part of the Land hereinafter bounded lying on the South Side of a Line to be drawne in Manner hereafter mentioned as the said Mayor Aldermen and Common Councill in Common Councill assembled shall thinke fitt which Line shall be drawne and extended from the Side of the said River or Place where the said River now runneth at One hundred eighty three Yards Distance from the Stone called the Starting Stone [within the County of the said City bearing from the said Starting Stone (fn. 3) ] Seaventy five Degrees Westward from the South directly to that Point of Land in the County of Chester which lyeth at One hundred Yards Distance from Blacon-Point Southeast from the said Blacon-Point and to make and sett up such and soe many Works and Fences in and upon and alsoe mark and sett out Waies or Passages through the Sands and Soile on each Side of the River for securing maintaining preserving and continueing the Channell of the said. River in such Course as aforesaid within reasonable Bounds from the said New Tower to the said Point of Land lying at the Distance aforesaid from Blacon-Point and from thence downe to another Point of Land in the said County of Chester called Burton-Head where the said River now runneth as to them shall seeme convenient for rendring and keeping the said River navigable for such Shipps and Vessells as aforesaid soe as the Bounds of the Banks Fences Waies or Passages soe to be sett used laid out or made on the North Side of the said Line exceed not Sixty Yards Breadth from the said Line and alsoe to digg gett and carry away Clodds Earth Sand Soile Gravell and other Materialls in upon or out of all or any convenient Parts or Places of the Grounds lying on the South Side of the said Line betweene the said Line and the new intended River not built upon nor otherwise set apart soe farr as may be done without stopping or hindring the Way or Passage to any Buildings to be erected thereon and in like Manner on the North Side of the said Line for the makeing amending and repairing of the said Works and Fences on that Side of the said River only and not otherwise yielding and makeing to the Lords Owners or Proprietors for the time being of the Lands or Grounds where the said Clodds Earth Sand Soile Gravell or Materialls shall be gott or digged on the North Side of the said Line a reasonable Recompence or Satisfaction for the same And in case any Question shall arise or happen touching the Place of digging as aforesaid on the Northside of the said Line it shall and may be lawfull to and for Two of the neighbouring Justices of the Peace of the said County of Chester and they are hereby required to settle and determine the same

XI. Commissioners named for executing the Powers herein after mentioned.

The said Commissioners to meet and act at the Time and Place and in Manner herein mentioned

And be it further enacted by the Authority aforesaid That for the County of Flint Sir William Glynn Sir John Conway Sir Roger Mostin Sir John Hanmere Baronetts Doctor Percivall John Floyd of Pentrehobin Thomas Mostin Thomas Evans Thomas Eyton Thomas Cotton Roger Mostin Thomas Whittley Roger Penant Peter Penant Thomas Penant George Hope Ellis Young John Wynn Kendrick Eyton Josiah Jones Thomas Floyd Thomas Hanmere of Fens Thomas Hanmere of Batchfield Esquires Humphrey Jones William Cratchley Thomas Foulks George Williams Evan Floyd William Minshull John Salisbury Gentlemen Robert Davis Roger Price Edward Morgan Richard Parrey Thomas Carter Owen Barton William Rutter Esquires Thomas Floyd Thomas Foulks John Floyd Francis Edwards Henry Floyd John Conway John Penant Baddeley Thomas Griffith Thomas Hanmere Gentlemen For the County of Chester Sir Willoughby Aston Sir Robert Duckenfield Baronetts Sir Robert Cotton Knight and Baronett Sir Henry Bunbury Baronett Sir John Crew Sir William Glegg Knights George Booth Thomas Brookes George Cotton John Edgerton Peter Shakerley Roger Manwareing Charles Hurlston Thomas Lee Nathaniel Lee Thomas Aldersey William Gamull of Craball Hockenhull of Hockenhull William Whitmore Thomas Glazier Thomas Cowper Richard Minshull Esquires John Lytcott William Maxwell John Hodgekins Gentlemen And for the City of Chester the Mayor the Recorder the Aldermen the Two Sheriffs and the Towne Clerke of the said City for the Time being shall be and are hereby appointed Commissioners for putting in Execution the severall Powers and Authorities hereafter mentioned And the said Commissioners or any Seaven or more of them shall and may upon the Thirtieth Day of Aprill which shall be in the Yeare of our Lord One thousand seaven hundred meete at the Exchange of the said City at Seaven of the Clock in the Forenoone of the same Day and thence proceed and sett and marke out the Sands Soile and Ground of and next adjoyning to the said River on each Side thereof from the said New Tower to the said Point of Land lying at the Distance aforesaid from Blacon-Point aforesaid (that is to say) the Sands Soile and Ground not bearing Grasse of and next adjoyneing to the said [River (fn. 3) ] towards Brewers-Hall and Saltney-Marsh begining at that Point of Land which lyeth opposite to the said New Tower Westward from the said Tower and thence following the Side of the said River downe to the Meerstone next to the said River which bounds the Liberties of the said City of Chester from the Liberties of the County of Flint on Saltney-Marsh aforesaid and thence going from the said Meerstone Northwards directly crosse the said River at Low-water Mark and thence following the said River on the Northside thereof at Low-water Mark to that Part or Side of the said River which lyeth directly opposite to Blacon-Point aforesaid South-west by West from the said Blacon-Point and no further and from thence to the aforesaid Point of Land distant One hundred Yards from Blacon-Point South-east from the said Blacon-Point and from thence to the said Side of the River or Place where the River now runneth at One hundred eighty three Yards Distance from the said Starting Stone as aforesaid

XII.

Certain Ground herein described, lying on the South Side of the new intended Channel, vested in the Corporation; who may inclose and improve the same, and receive the Rents and Profits, and apply the same for the Purposes of this Act.

And whereas the said Soile and Grounds soe to be marked out as aforesaid are not nor are like to be of any Advantage unlesse the said River be bounded in and thereby made navigable by Works and Fences as aforesaid which will require a very great Expence to repaire and maintaine the same from time to time as Occasion shall require Be it further enacted by the Authority aforesaid That for the better enabling the said Mayor and Citizens and their Successors for ever to carry on maintaine and repaire the said intended Works and Fences and to keepe the said River navigable as aforesaid the said Sand Soile and Ground inclosed and incompassed by and within the Bounds Marks and Limitts before described on the South-Side of the new intended Channell shall immediately from and after such time as the said new River or Chanell shall be made navigable and passable with and for Shipps and Vessells to and from the said City of Chester be and are hereby vested in the said Mayor and Citizens of the said City of Chester and their Successors for ever And that it shall and may be lawfull to and for the said Mayor and Citizens and their Successors for ever to defend inclose and improve the said Sands Soile and Grounds soe bounded limitted and marked out as aforesaid and to receive and take the Profitts thereof to the Intent and Purpose that they the said Mayor and Citizens and their Successors for ever shall apply and dispose of the Rents and Profitts of the said Soile and Grounds when soe bounded limitted and marked out and defended and improved as aforesaid for maintaining and repairing the said intended Works and Fences and for makeing erecting and doing such further and other Works Fences and Things from time to time as Occasion shall require for makeing and keeping the said River navigable as aforesaid

XIII. Seven Commissioners may set out Roads over the Grounds herein mentioned.

Provided neverthelesse That it shall and may be lawfull for the said Commissioners above named or any Seaven of them at such their Meeting as aforesaid and afterwards from time to time as Occasion shall require to appoint and sett out a convenient Road and publick High-way in One or more Place or Places over the Sands Soile and Grounds on either Side of the said new intended Chanell within the Compasse and Limitts herein before directed to be bounded and to be marked out as aforesaid Which Road and High-way shall be maintained and repaired from time to time by the said Mayor and Citizens and their Successors for ever

XIV. Mayor, Recorder, and Justices, or the major Part, may survey the said River, &c.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the Mayor Recorder and Justices of the Peace of the said City for the time being or the greater Number of them whereof the Mayor or Recorder to be one from time to time and at all times hereafter to survey the said River from the said New Tower to the said Burton-Head and at their Discretion to remove all Impediments and Annoyances in the same and by Indictment or other legall Processe to punish the Offenders therein

XV. If Action brought for executing Act,

General Issue may be pleaded.

And be it enacted by the Authority aforesaid That if any Action Bill Plaint or Suite be brought in any of His Majesties Courts of Record against the said Mayor and Citizens or against any Person or Persons for or concerning any Matter or thing by him them or any of them done advised allowed or commanded to be done by virtue of this Act that it shall and may be lawfull to and for the said Mayor and Citizens and for every such Person and Persons and for all that act in their Aid and Assistance or by their Commandment to plead the Generall Issue and to give this Act or any Clause Matter or Thing herein contained in Evidence to the Jury that shall try the same for their Justification without speciall Pleading of the same and shall thereupon take Advantage of this Act as fully to all Intents and Purposes as if the same had been specially fully and well pleaded

XVI. This Act expounded most beneficially for the said River and Navigation.

And be it enacted by the Authority aforesaid That this Act in case any Doubt shall arise about the Exposition thereof shall be deemed construed and taken in such manner as shall be most beneficiall and advantagious for the Purposes aforesaid in makeing the said River navigable and in preserving and continueing the Navigation thereof for ever according to the true Intent and Meaneing of this Act

XVII. Proviso for Ann Offley, Widow, and the Lords of the Manor of Blacon, in respect of Enjoyment of Lands and Right of Fishing, as herein mentioned

Provided alwaies That nothing in this Act contained shall extend or be construed to extend to hinder or restraine Ann Offley Widow or the Lords Owners or Proprietors of the Mannor or Lordshipp of Blacon within the said County of Chester or of the Lands or Grounds adjoyneing on the North to the said River or her or their Assignee or [Assignees (fn. 4) ] for the Time being from haveing useing or enjoying all such Lands Grounds and Marshes as adjoyne to the said River and all Fisheries Rights Liberties and Priviledges not inconsistent with or that doe not tend to hinder obstruct or disappoint the setting on foot and carrying on of the said Works untill the said River shall be made navigable and passable with and for Shipps and Vessells to and from Chester aforesaid nor from enjoying henceforth for ever all the Lands Grounds or Marshes scituate lying and being on the North Side of the said intended and herein before described new River or Channell according to her or their respective Estate Right or Interest therein in such manner and with such like Benefitt and Advantage as she or they could might or ought to have done in case this Act had never been made nor from haveing useing or enjoying such Right of Fishery in the said new Channell or River by Boats Angling drawing of Netts or otherwise (except by hanging of Netts over or crosse the said River or by fixing Stakes or Posts in or upon the Banks of the said River to the prejudice of the said Channell and hindrance of the Navigation) as she or they now can or lawfully may doe in the said River in the present Current thereof Any thing in this Act contained to the contrary thereof in any wise notwithstanding

XVIII. And in respect of setting up Sluices, &c. for carrying off Water.

Provided alsoe That it shall and may be lawfull to and for the said Ann Offley and the Lords Owners or Proprietors of the said Lordship or Mannor of Blacon and of the Grounds or Marshes contiguous and adjacent to the Banks of the said River for the Time being to make and sett up one or more Sluce or Sluces or other Engines to carry off such Water as may flow or fall into the said Marshes or Grounds through or by the Banks of the said River soe as she or they soe erecting or setting up the same or the Owner of the said Marsh or Grounds upon reasonable Notice by the said Mayor and Citizens or some Officer appointed by them in writing to her or them in that behalfe given doe and shall at her and their owne respective Costs and Charges well and sufficiently secure repaire maintaine and defend the same Banks by the compasse and space of Fifteene Foot both above and below the said Sluces or Engines

XIX. And for Satisfaction to the said Ann Offley for any Damage that may be done by the cutting through the Marsh, and otherwise, as herein mentioned.

Provided alsoe That in case the new intended Channell shall be cutt or made through the Marsh now bearing Grasse within Four hundred and fifty Yards Southwards from that part of Blacon-hill which lyeth directly under the House called Blacon-house then the said Mayor and Citizens and their Successors shall and are hereby made lyable to make and pay to the said Ann Offley and the Lords Owners or Proprietors thereof for the Time being such Satisfaction for the Damage thereby done to the Herbage thereof as shall be reasonable And in case the Course and Channell of the said intended new River shall not be preserved within the Line before mentioned and sett for the Bounds on the North Side thereof but that the Grounds on the North Side thereof shall by the Channell wearing into them be wasted and damnified otherwise than by the Act Neglect or Default of the said Ann Offley or the Lord Owner or Proprietor thereof for the Time being in not repairing securing and defending such Sluces or Engines after such Notice as aforesaid then the said Ann Offley and the Lord Owner or Proprietor of the said Lands for the Time being shall be recompenced for all such Damage by and out of the Product and Profitts of the said Lands or Ground lying on the South side of the said Line soe limitted bounded and marked out as aforesaid and the same are hereby subjected and made lyable to answer the same

XX. If Disputes arise as to the Value of Soil dug, or otherwise, as herein mentioned,

the Corporation and Persons complaining are to choose Arbitrators, as herein mentioned; Appeal from Arbitrators to Chief Justice of Chester, whose Order is to be final; Where Parties do not name Arbitrators, or the Arbitrators refuse to act; Chief Justice of Chester may determine summarily.

Provided alwaies and be it enacted by the Authority aforesaid That in case any Difficulty or Difference doe happen or arise touching the Value of the Clodds Earth Sands Soile Gravell or Materialls that shall happen to be gott or digged on the Northside of the Line for the Purpose aforesaid or Damage that shall happen either to the Herbage of the said part of the said Marsh bearing Grasse by cutting the said Channell through the same as aforesaid or to the Lands or Grounds lying on the Northside of the said Line by the Rivers not being preserved within its Bounds as aforesaid to be sett and limitted by the said Line or the Recompence or Satisfaction that shall or ought to be made for the same or the Manner or Method of bearing raiseing or Payment thereof It shall and may be lawfull to and for the said Mayor and Citizens and their Successors by Act of Common Councill and such Person and Persons soe injured and complaining as aforesaid to nominate and appoint Six Persons Three on each side to be Commissioners or Arbitrators and to limmitt Time and Place for their Meeting to settle and adjust the said Differences which Persons soe to be nominated and appointed or the major Number of them are hereby impowered to ascertaine and sett downe in Writing under their Hands and Seales the Satisfaction to be made and order and direct Time and Manner of raiseing and Payment thereof in the most effectuall and speedy way And in case either Party shall find him her or themselves aggrieved by any Order or Determination of the said Commissioners or Arbitrators he she or they may appeale to the Chiefe Justice of Chester for the Time being at the next Sessions held for the said County of Chester who is hereby authorized and impowered to heare and determine the same and whose Order therein shall be performed and submitted unto and be finall and conclusive to both Parties And in case either Party shall neglect or refuse to nominate or appoint Commissioners or Arbitrators to heare and determine the said Differences or in case the said Commissioners or Arbitrators shall neglect or refuse to meete heare or make any Determination therein then it shall and may be lawfull for the Person or Persons injured and complaining as aforesaid to summon the said Mayor and Citizens by leaving Notice in Writing Eight Daies before the First Day of the Sessions of the said County of Chester with the Mayor of the said City for the Time being containing the Cause of his or their Complaint and requireing him to appeare before the Cheife Justice of Chester for the Time being at a certaine Day in the Time of the Sessions for the said County of Chester who is hereby authorized and impowered in such Case summarily to heare and determine the said Complaint and Order what he shall in his Discretion think fitt to be done therein And his Order in the Premisses shall be performed and submitted unto and be finall and conclusive to all Parties

XXI. Proviso for Sir Will. Glynn and the Owners of Lands lying on the South Side of the River, in respect of Enjoyment of Lands and Right of Fishing, as herein mentioned.

Provided alwaies That nothing in this Act contained shall extend or be construed to extend to hinder or restraine Sir William Glynn Baronett or any the Lords Owners or Proprietors of the Lands Grounds or Marshes lying on the Southside of the Main Channell of the said River as the same now runneth their Heires or Assignes from having useing takeing or enjoying for ever all such Lands Grounds and Marshes lying on the Southside of the Main Channell of the said River as the same now runneth and all Rights Liberties and Priviledges therein according to his and their respective Estate Right Title or Interest therein in such manner and with such like Benefitt and Advantage therein as he or they could might or ought to have done in case this Act had never been made nor shall any thing in this Act contained extend or be construed to extend to hinder or restraine the said Sir William Glynn Baronett or any the Lords Owners or Proprietors of the Lands or Grounds on either Side of the said River or his or their Heires or Assignes from having useing or enjoying such Right of Fishery in the said new Channell or River by Boats angling drawing of Netts or otherwise (except by hanging of Netts in over or crosse the said River or by fixing Stakes or Posts in or upon the Banks of the said River to the prejudice of the said Channell and hindrance of the Navigation) as they or any of them now can or lawfully may doe in the said River in the present Current thereof Any thing in this Act contained to the contrary thereof in any wise notwithstanding

XXII. Proviso for compelling Corporation to furnish Two Ferry Boats, when the River is not fordable between Blacon Point and Burton Head.

Such Boats to be free; Corporation refusing, &c. to provide the same may be fined; Such Fine to be levied by Distress; Penalties how applied.

And be it further enacted by the Authority aforesaid That in case the Channell of the said River shall by the said Navigation become soe deep as that at Low-Water when the Tide of Sea is out of and no Flood of Fresh Water is in the said River the same shall not be fordable for Passengers on Horseback or for Carts or Carriages in any Part of the said River betweene Blacon-Point and Burton-Head aforesaid that then the said Commissioners for the Counties of Flint and Chester or any Seaven or more of them shall and may in such Case only and not otherwise by Warrant or Order in Writing under their Hands and Seales and by and with the Licence and Consent of the Owners of the Sands Land and Ground on both Sides of the said River testified by their sealing and Execution of such Order or Warrant in Writing direct and appoint the said Mayor and Citizens and their Successors within the Space of Three Months to erect and continue use and imploy at Low-Water when the Tide of the Sea is out of and no Flood of Fresh Water is in the said River Two sufficient free Ferry Boats with all Necessaries and Attendance proper thereunto for the Publick Use and Benefitt of all His Majesties Subjects to passe and repasse without paying any thing for the same in such one convenient Place upon the said River betweene the said Blacon-Point and Burton-Head as the said Commissioners soe directing and appointing and Owners soe licensing and consenting as aforesaid shall think fitt to order and direct And in case of any willfull Neglect or Default therein by the said Mayor and Citizens or their Successors during the Continuance of such Order Licence and Consent the said Commissioners or any Seaven or more of them shall and may impose upon the said Mayor and Citizens and their Successors such reasonable Penalties for the same as they in their Discretion shall think fitt to be levied by Distresse and Sale of any Goods or Cattle to be taken in any of the Lands belonging to the said City by a Warrant under the Hands and Seales of the said Commissioners or any Seaven or more of them and Sale thereof in case of Non-Payment of the Penalties imposed within the Space of Tenn Daies rendring the Overplus to the Owner thereof All which Penalties shall be applyed by the said Commissioners or any Seaven or more of them to such Uses and Purposes and for the making and perfecting such Things in Default whereof the same were imposed.

Footnotes

  • 1. Coale O.
  • 2. interlined on the Roll.
  • 3. interlined on the Roll.
  • 4. Assignes O.