Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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(fn. 1) Reasons for passing this Act.
William Lord Paget, Lord of the Manor of Burton upon Trent, &c; to have full Power for making the River Trent navigable from Wilden Ferry to Burton upon Trent; and to cut the Banks, erect Locks, &c.; and alter and amend the same, and make and use Ways, &c. and Towing Paths, &c.
Forasmuch as makeing the River Trent in the Counties of Derby Leicester and Stafford navigable will very much advance Trade and Commerce and occasion a Communication betwixt the Easterne and Westerne Parts of this Kingdom whereby they may be made much more helpfull and serviceable to each other and the Midland Parts of this Kingdom not only furnished with such Forreigne Commodities as they want but be enabled the better to dispose of the Product of their owne Countrey to the Incouragement and Increase of their Manufacture whereby their Poor (which now are very numerous) may be the better imployed and the publick Good of this Kingdom much advanced May it therefore please your most Excellent 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 the Right Honourable William Lord Paget Baron of Beaudesert Lord of the Mannor of Burton upon Trent in the Counties of Stafford and Derby and his Heires and Assignes being Lord or Lords of the said Mannor for the time being or such Person or Persons as he or they by any Writing under his or their Hand and Seale shall thereto nominate and appoint by themselves Deputies Agents Officers Workmen and Servants are hereby impowered and authorized and shall have full Power and Authority by this present Act upon the Terms and under the Provisoes herein after mentioned to make the said River of Trent navigable for Boats Barges Lighters and other Vessells from a certaine Place called Wilden Ferry up the said River to the Towne of Burton upon Trent and from time to time to continue support maintaine and use such Navigation at his and their Wills and Pleasures and for the better carrying on effecting supporting and continueing thereof from time to time as he or they shall think fit to digg or cutt the Banks of the said River and to make new or large Trenches Cuts or Passages for Water in upon or through the Lands and Grounds adjoyning or lying near the said River and to remove and take away all Trees Roots Gravell Beds and other Impediments whatsoever which may any waies hinder Navigation either in saile or haleing of Boats Barges or other Vessells and to build erect and make upon the Lands in or neare such intended navigable Passage and such Locks Wears Turnpikes Pens for Water Cranes Wharfs Warehouses and other things proper and convenient for such intended Navigation where he or they with the Consent and Approbation of the Commissioners acting by virtue of this Act or any Five or more of them shall think fit and to alter repaire and amend the same as often as he or they shall think convenient and to make and use any Ways Passages and other Conveniencies for the carrying or conveying Commodities and other things to and from the said navigable Passages and Streames or any part thereof with free Liberty at all times to carry and convey bring lay and worke in over and upon the Lands adjoyning to the said River or navigable Passage all manner of Materials for the working and erecting all such Dams Locks Turnpikes and other things necessary and convenient for the makeing thereof and for the necessary Repaires Amendment and Alteration of the same And alsoe to make set out and appoint towing and haleing Paths and Waies convenient for towing haleing and drawing of Boats Barges and other Vessells passing upon the said River which all Persons concerned in such Navigation are at all times hereafter to have free Liberty to use in and about the said Navigation and from time to time and at all times hereafter to doe all other Works Matters and Things which shall be adjudged necessary or convenient for the better Improvement Use or Convenience of the said Navigation.
before meddling with Lands, &c. to agree for Damages
And for the repairing continueing and supporting thereof and to the Intent that the doing of any the Matters and Things aforesaid may not be any way prejudiciall to the Inheritance Possession Profit or Property of the Kings most Excellent Majesty or his Successors or any other Person or Persons Bodies Politick Corporate or Collegiate that have any Lands Tenements Wears Mills or Hereditaments standing lying or being upon or neare adjoyning to the said River Be it enacted by the Authority aforesaid That the said Undertaker or Undertakers before he or they doe meddle with any the Lands Possessions or Property of any Person or Persons Bodies Politick Corporate or Collegiate for the makeing any such Cuts Trenches or Locks or setting out any such towing or haleing Way or Ways or Passages for carrying or conveying Commodities or other Things to or towards or from such navigable Passage as aforesaid shall compound and agree with the Owner or Owners thereof for such Dammage as shall be thereby done or procure some Order therein to be made by the Commissioners hereafter named or any Five or more of them for that purpose in manner and forme as is hereafter expressed
III. Commissioners appointed.
Commissioners to be Mediators between Undertakers and Owners; and to settle the Satisfaction to be made; Notice; Persons not agreeing,; Commissioners to ascertain the Damages, on the Oaths of 12 Jurymen; and decree what Recompence Owners shall have ; which shall be conclusive as well on Infants, &c. as on others; Commissioners to examine Witnesses on Oath, and to order Jury to view the Places in question: Sheriff to summon a Jury; If the Matter lie between Two Counties, then Sheriff of each to summon 12 Men; In Default of Number, Sheriff to return others. .
And for the better satisfying such Damages and due rating the Value of the Things to be compounded for according to the true Intent of this Act if the Parties differ about the same Be it enacted by the Authority aforesaid That the Right Honourable William Cavendish commonly called Marquis of Harrington Son and Heire apparent to William Duke of Devonshire The Right Honourable Henry Cavendish Esquire commonly called Lord Henry Cavendish Second Son to the said Duke The Honourable Henry Pagett Esquire The Honourable John Verney Esquire Sir Thomas Gresley Sir John Harpur Sir Robert Burdet Sir Henry Every Sir Michael Biddulph Baronets Sir Gilbert Clarke Knight Robert Wilmot Robert Holden Henry Heveningham Robert Harding John Harpur Gilbert Thacker Francis Thacker Henry Every Walter Burdet Godfrey Menell George Vernon John Aleyn Walter Horton Thomas Cooke Edward Bagot Richard Dyot John Wilkins Daniel Watson Isaac Hawkins Esquires Sir Edward Abney Knight Edward Bignall Serjeant at Law Thomas Charnells Esquire Richard Cheslin and Henry Bigland Gentlemen The Bayliff of the Borough of Burton upon Trent for the time being and the Feoffees of Burton upon Trent for the time being shall be and are hereby constituted and made Commissioners for settling and adjusting in manner hereafter mentioned all Matters about which any Difference may arise concerning such Navigation and for the putting the severall Powers and Authorities hereby granted relating thereto in Execution and they or any Five or more of them are hereby impowered and authorized and shall have lawfull Power and Authority from time to time as occasion shall require to mediate between the said Undertaker or Undertakers and the Owners and Occupiers of such Lands Tenements and Hereditaments as shall be intended to be used or altered for makeing the said River navigable or who may or shall sustaine any Damage thereby and by Writing under their Hands and Seales or the Hands and Seales of any Five or more of them settle and proportion what Satisfaction shall be made for the same and to whom and how to be divided betwixt Landlords and Tenants or any other haveing any particular Interest or Estate herein and if there shall be any Person or Persons Bodies Politick Corporate or Collegiate that upon convenient Notice to them given or left in Writing at the Dwelling House or Place of Abode of such Person or Persons or of the Head Officer or Officers of such Bodies Politick Corporate or Collegiate or at the House of the Tenant in Possession of the Lands and Tenements so intended to be used or altered as aforesaid shall by the Space of Tenn Daies next after such Notice given or left as aforesaid neglect to treate or haveing begun to treate shall not agree in the Premisses or through Nonage Converture Special Tail or other Impediments or under any Disability of treating for themselves or by reason of Absence are prevented from treating in such case the said Commissioners or any Five or more of them shall first ascertaine what Damages such Owner Occupier or Proprietor or other Person or Persons concerned therein shall or may suffer or sustaine for or by reason of such Liberties Matters or Things as shall be desired or intended by such Undertaker or Undertakers in order to such Navigation upon the Oaths of a Jury of Twelve indifferent. Men of that Neighbourhood which Oaths the said Commissioners or any Five or more of them are hereby impowered to administer and then shall make such Judgment Sentence Decree and Determination touching and concerning the same and what Recompence and Satisfaction such Owner Occupier or Proprietor or other Person or Persons suffering thereby shall have by reason thereof as they or any Five or more of them shall think fit which Judgment Sentence Decree or Determination so made shall be binding and conclusive to all Intents and Purposes against all Persons and Parties whatsoever claiming in Possession Reversion Remainder or otherwise their Heires and Successors aswell Persons absent as present Infants Feme Coverts and Persons under any other Disabilities whatsoever Bodies Politick Corporate or Collegiate as well as all other Person and Persons whatsoever and the said Commissioners or any Five or more of them are hereby impowered to administer an Oath to and upon such Oath to examine all such Witnesses as shall be produced to give Evidence to the said Jury and alsoe to order and authorize the said Jury to view the said Place or Places in question and to use all other lawfull Waies and Meanes for such Juries better Information in the said Premisses as they the said Commissioners or any Five or more of them shall think fit and in order to the summoning and returning of such Jury or Juryes the said Commissioners or any Five or more of them are hereby impowered to issue out a Warrant or Warrants to the Sheriff of the County where such Land Matter or Thing so to be enquired of or compounded for lyes thereby commanding him to empannell summon and returne an indifferent Jury of Four and twenty Persons to appeare before such Commissioners or any Five or more of them at such Times and Place as by such Warrant shall be appointed and in case the Matter to be enquired or compounded for shall lye betwixt two Counties then to the Sheriff of each County requiring each Sheriff to summon and returne Twelve indifferent Men to make up the said Number of Four and twenty to be and appeare as aforesaid and for default of a sufficient Number of Jury Men the Sheriff or Sheriffs and his or their Deputies or Deputy shall returne other honest and indifferent Men of the standers by or that can be speedily procured to attend that Service to make up the said Jury to the Number of Twelve.
IV. Challenge of Jurymen.
Commissioners may fine Sheriff or Juryman making Default; Fine not to exceed £ 10, and paid to Lord Pages.
And be it further enacted by the Authority aforesaid That all Persons concerned shall and may from time to time have their lawfull Challenges against any of the said Jurymen when they come to be sworne and that the said Commissioners or any Five or more of them acting in the Premisses shall have Power from time to time to impose any reasonable Fine or Fines on such Sheriff or Sheriffs his or their Deputy or Deputies Bayliffs or Agents makeing Default in the Premisses and any of the Persons that shall be summoned and returned on such Jury makeing Default of Appearance or refuseing to be sworne on the said Jury or being sworne upon the said Jury and not giveing up their Verdict concerning the same or in any other Manner wilfully neglecting their Duties therein contrary to the true Intent of this Act and from time to time [to (fn. 2) ] levy such Fine or Fines by Distresse and Sale of the Parties Goods so offending by Warrant under their Hands and Seales to be directed to the Constable Headborough or other Officer of the Place where such Offender lives Which Constable or other Officer is hereby required to execute the same no such Fine to exceed the Sum of Tenn Pounds and all such Fines to be paid to the said Lord Pagett his Heires or Assignes or to whom he or they shall appoint to be imployed towards carrying on the said Navigation
V. On Payment of Damages assessed, Undertaker may act, &c
And be it further enacted by the Authority aforesaid That upon Payment or Tender of such Sums of Money to be ascertained assessed or appointed as aforesaid or upon leaving the same in the Hands of the Commissioners Clerk for the time being for the Use of such Person or Persons as the said Commissioners shall appoint the same to be paid unto it shall be lawfull to and for the said Undertaker or Undertakers and his and their Workmen Servants and Agents to doe all and every such Act Matter and Thing in order to the makeing the said River navigable and continueing and supporting the Navigation thereof as by the Commissioners or any Five of them shall be thought requisite or necessary.
VI. No Person interested to act as Commissioner. No Meeting held above Seven Miles from Place in Question.
Provided neverthelesse That no Person or Persons shall sit or act as Commissioner or Commissioners in any Case where he or they are any Waies concerned in Interest nor shall any Meeting be held by the Commissioners or any of them by virtue of this Act at any Place that shall be above Seaven Miles distant from the Place in question nor any Advantage or Exception taken in what County the Commissioners sit or whether it to be in the County where the Matter of Fact ariseth so as it be within the Space aforesaid.
In case of Death of Commissioners, Survivors may nominate others; Qualification.
And be it further enacted by the Authority aforesaid That for the supplying and continueing a competent Number of Commissioners in case of Death or any of their Refusall to act the surviving or other Commissioners or any Nine or more of them shall from time to time by Instrument in Writing under their respective Hands and Seales nominate and appoint any other Person or Persons within the severall Counties of Derby Leicester and Stafford or some or one of them having an Estate in Lands of One hundred Pounds per Annum soe as there may alwaies be a sufficient Number (videlicet) Twenty at the least of Commissioners in being for putting this Act in Execution which said Commissioner or Commissioners so nominated and appointed shall from thenceforth have like Power and Authority as the Commissioners named in this Act can or may have by virtue of this Act.
VIII. Undertaker to have 3d. a Tun for all Goods, &c. carried on the said River above Wilden Ferry;
and may sue, for the same; or distrain the Goods; If Distress not redeemed, then to be appraised and sold; Application of Proceeds.
And it is hereby further enacted That for and in consideration of the great Charges and Expences which the said Undertaker or his Assignes will be at in and about the said Premisses it shall and may be lawfull to and for the said Undertaker his Heires and Assignes and no other Person or Persons whatsoever from time to time and at all times hereafter to ask demand receive recover and take to his and their owne Use and Uses of and from all and every Person and Persons that shall carry or convey or cause to be carried or conveyed any Wares Merchandizes or other things upon the said River or any Part thereof or otherwise navigate on the same above the said Place called Wilden Ferry such reasonable Duties Rates or Prices as he or they shall think fit Provided that such Duties Rates or Prices exceed not Three Pence by the Tun and so proportionable to that Rate for any greater or lesser Quantity And in case of Neglect or Refusall of Payment thereof the said Lord Pagett his Heires and Assignes or such other Person or Persons as he or they shall appoint their severall and respective Heires Executors Administratorts and Assignes shall and may sue for the same by Action of Debt or on the Case in any Court of Record or other Court in which Action or Actions no Wager of Law shall be allowed nor above one Imparlance or to distraine or make Stay of any Goods or the Vessells wherein such Goods are carried for which such Rates or Duties are to be paid untill due Payment thereof together with reasonable Charges for takeing such Distresse be paid And if such Distresse shall not be redeemed within Five Daies after the takeing thereof the Persons distraineing may with the Constable or Headborough or other Officer of the Place where such Distresse shall be taken (who is hereby required to be aiding and assisting therein) cause the said Vessell or Goods soe distrained or some Part thereof to be appraised by Two sworne Appraisors to be appointed by such Constable Headborough or other Officer whom such Constable Headborough or other Officer is hereby impowered to sweare to appraise the same truly and indifferently according to the best of their Judgement and after such Appraisement shall and may lawfully sell the same or any Part thereof for Satisfaction of such Rate or Duty and the Charges of such Distresse Appraisement and Sale leaving the Overplus (if any be) in the Hands of such Constable Headborough or other Officer for the Owners Use
IX. Lord Pagett, &c. with Constent of Commissioners, may make By-Laws, &c.; and set Fines; which shall be binding.;
Justices of Assize may alter or reform the same, &c.
And for the better and more orderly and effectuall using the said Navigation Be it further enacted by the Authority aforesaid That the said Lord Pagett his Heires and Assignes shall from time to time have full Power and Authority by and with the Consent of the said Commissioners or any Five or more of them to make By-Laws Orders and Constitutions for the good and orderly Usage of the said Navigation and for all such Warehouses Wharfs Passes Locks Weares Turnpikes and other things as shall be made for the said Navigation and for all such Vessells as shall be used on the said River and for all such Boatmen Messengers Warehouse Keepers Factors and other Persons as shall be imployed about the said Navigation or any thing that shall be necessary and needfull in and about the same and to set and impose such reasonable Pains Forfeitures and Punishments upon the Breakers thereof to be levied and recovered by such reasonable Waies as to him or them shall seeme meet and reasonable the same to be mentioned and expressed in such Orders and By-Lawes which By-Lawes Orders and Constitutions being put in Writing under the Hand and Seale of the said Lord Pagett his Heires or Assignes and allowed by the said Commissioners or any Five or more of them under their Hands and Seales shall be binding to and observed by all Parties and shall be sufficient in any Court of Law or Equity to justifie all Persons that shall act under the same either for the punnishing such Persons as shall breake the same or levying any Penalty or Forfeiture thereby incurred in such manner and forme as shall be therein and thereby directed which Moneys soe levyed shall from time to time be imployed towards defraying the Charge of the said Navigation Neverthelesse the Justice or Justices of the Assizes for the Counties of Derby Leicester and Stafford in each of the said Counties where the Matter of Fact shall arise upon Complaint made and reasonable Notice thereof given by any Person or Persons agrieved by any such Orders Constitutions or By-Laws within Six Months after the executing thereof shall or may as he or they shall see cause by any Order abridge moderate alter or reforme the same and order Restitution to be made of any Sum or Sums of Money that shall be levied in pursuance thereof such Orders to be made in the Assize time and upon due Examination of the Matters upon Oath such Justice or Justices of Assize are hereby impowered to administer and such Order and Orders to be final and oblige all Parties concerned therein
X. Barge or Boat Master answerable for Damage, &c. done by Vessel or Crew
And for the preventing Mischief that may be done and committed by any Person or Persons that shall be imployed in the said Navigation and that the Masters of all Vessells that shall be imployed on the said River may be more carefull to prevent the same Be it enacted by the Authority aforesaid That every Barge or Boat-master shall be and is hereby made answerable for any Damage or Mischief that shall be done by his Vessell or any of his Boats Crew to any of the Weares Locks Dams or other Engines in and upon the said, River and for all Trespasses and Damages done to the Owners or Possessors of any the Lands bordering on the said River otherwise than what is provided for by this Act and is necessary for the said Navigation or incident or belonging to a navigable River and such Barge or Boat-master may be sued for the same as in the case of any other Trespasse
XI. Commissioners to survey the River and Banks, &c.; and make Orders, &c. in respect thereof; at the Undertaker's Charge.
And be it further enacted by the Authority aforesaid That the said Commissioners and their Successors for the time being or any Five or more of them for the better cleansing of the said River and removing all Impediments and Annoyances in the same and for the settling the severall Matters aforesaid shall at all times hereafter have the sole Rule Power and Authority to survey or order to be surveyed the said River and all the Banks thereof and all Weares Floudgates Locks Pens and other things upon the same and to mark out the Ground to be cut altered or removed and shew the same to the Witnesses and Jury and from time to time as any new Difference or Question happens to make such further Processe Warrant and Inquiry thereof and alsoe to make such further Orders and Decrees for settling altering amending abating or removeing the same and for keeping the said River open and portable for Vessells as they or any Five or more of them shall see cause and as shall be necessary and convenient to be done for the navigating thereof but at the sole Charge of the said Undertaker his Heires and Assignes
XII. Lord Pagett to set up Gates, Bridges, &c.
Provided alsoe That the said Lord Pagett his Heires and Assignes shall at his and their owne Costs and Charges make sett up and from time to time maintaine convenient Gates Bridges Passages and Stiles in all the Hedges and Fences in the Towing Paths and Waies to be set out as aforesaid
XIII. River Trent to be for ever a navigable River, to and from Gainsborough and Wilden Ferry, &c
And be it further enacted and declared by the Authority aforesaid That the said River of Trent is and for ever hereafter shall be esteemed and taken to be navigable from Gainesborough in the County of Lincolne up to the said Place called Wilden Ferry and that all the Kings Leige People whatsoever may have and lawfully and rightfully enjoy their free Passage in along through and upon the said River from the said Place called Wilden Ferry downe to Gainesborough aforesaid and back againe with Boats Barges Lighters and other Vessells and have and enjoy all necessary and convenient Liberties for haleing and navigating the same without any Obstruction whatsoever
XIV. Commissioners, with such Consent as herein mentioned, may raise £600 on the Inhabitants of Burton,;
over and above the £600 raised by the Duties; and may set Fine on Officers not obeying their Orders; and may seize Goods of Inhabitants refusing to pay; Fines to be paid to the Undertaker.
And forasmuch as the Sum of Six hundred Pounds is as much or more than can be raised by any Duties that will arise by the said Navigation which will not be sufficient to perfect the same Wherefore be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Commissioners or their Successors or any Five of them with the Consent of the Lord of the said Mannor of Burton for the time being and of the Feoffees Bayliff Towne-Masters Constables Churchwardens and Overseers of the Poor of Burton upon Trent in the County of Stafford for the time being or with the Consent of the major part of them to raise and levy and they are hereby enabled to raise and levy upon the Inhabitants of the Parish of Burton upon Trent aforesaid or by or out of the Lands Tenements and Hereditaments within the same Parish by such Waies Methods and Meanes relating to the same Lands Tenements and Hereditaments as to the said Commissioners or their Successors or any Five of them shall seeme meet and convenient such Sum or Sums of Money as shall be requisite and necessary over and above the said Sum of Six hundred Pounds for the perfecting of the said Navigation soe as such Sum or Sums to be raised and levyed above the said Six hundred Pounds do not exceed in the whole the Sum of Six hundred Pounds above the said Six hundred Pounds and to make such Rules Orders and Decrees for the raising and levying such Sum or Sums and to make and give such Precepts Orders and Directions to the Constables Headboroughs Churchwardens Overseers of the Poor of the Borough Parish Liberties or Precincts of Burton upon Trent aforesaid for the time being for the assessing imposing taxing or collecting such Sum and Sums of Money or for their Assistance in the raising thereof by or out of the Lands Tenements and Hereditaments in the Parish of Burton upon Trent aforesaid and to set and impose such Fine or Fines upon such Officer or Officers that shall refuse to obey such Precepts Orders or Directions as to the said Commissioners or their Successors or any Five of them shall seeme fitting soe as no Fine for any one such Offence or Neglect exceed the Sum of Tenn Pounds the same Fines to be levyed by the Seizure and Sale of a reasonable Part of the Offenders Goods rendring the Overplus (if any) ariseing by such Sale to such Offender and such Sum and Sums of Money to be assessed upon any of the Inhabitants within the said Parish of Burton upon Trent to be levied upon such of the said Inhabitants as shall refuse to pay what shall be so imposed or assessed upon them by Seizure or Sale of a reasonable Part of the Goods of the Person or Persons so refusing rendring to him her or them the Overplus (if any) ariseing by such Sale And all such Sums to be raised or levied as aforesaid to be paid to the Undertaker and Undertakers of the said Navigation for the perfecting thereof And the said Seizures or Sales to be from time to time by virtue of some Warrant or Precept under the Hands and Seales of Five or more of the said Commissioners or their Successors
XV. Differences to be determined at Burton, &c.;
Appeal; In Action for executing Act,; General Issue may be pleaded; Treble Costs; This Act a Public Act.
And for avoyding all Suits that may happen about all or any the severall Matters aforesaid Be it enacted by the Authority aforesaid that [all Differences that (fn. 3) ] shall arise for or by reason of any Matter or Thing that shall be done by virtue of this Act the same shall be settled and determined at Burton upon Trent or some other convenient Place upon the said River within Seaven Miles of the said Towne by the said Commissioners or their Successors or any Five or more of them whereof any Commissioner concerned in such Difference shall be none from which Determination the Parties agrieved shall only have an Appeale before the Justice or Justices of the Assize of that County where such Difference shall arise whose Order or Determination therein shall be finall and from whose Judgement no Appeale shall lye And if any Action Suite Plaint or Information shall be commenced or prosecuted against any Person or Persons for whatsoever he or they shall do in pursuance or in execution of this Act such Person or Persons soe sued in any Court whatsoever shall and may plead the Generall Issue Not Guilty and upon any Issue joyned may give this Act and the speciall Matter in Evidence and if the Plaintiff or Prosecutor shall become Nonsuite or forbeare further Prosecution or suffer Discontinuance or if a Verdict shall passe against him the Defendants shall recover their Treble Costs for which they shall have the like Remedy as in case where Costs by Law are given to the Defendants And this Act shall in all Courts be esteemed and taken as publick Act and all Judges of Courts of Record Justices of Assize and other Judges and all Stewards of Courts and all others shall take Notice thereof without Pleading
XVI. All Proceedings of Commissioners, &c. to be entered in a Book; and kept by the Steward of Burton; and be Records, &c.
And be it further enacted by the Authority aforesaid That all the said Commissioners Proceedings in or about the said Premisses and the Verdicts of all Juries so to be taken as aforesaid and all Orders Sentences and Decrees so to be made as aforesaid and all Instruments whereby new Commissioners shall from Time to Time be appointed and all Constitutions and By-Laws that shall be so made as aforesaid and all Orders that shall be made by any Justice or Justices of Assize upon any such Appeal or Appeals as aforesaid and all other Proceedings about the said Navigation or any the Matters aforesaid shall from Time to Time be fairly entred in one or more Book or Books to be for that Purpose kept by the Steward of the Court or Courts of the Borough of Burton upon Trent aforesaid for the Time being or his Deputy residing in the said Towne and that the same shall be adjudged and taken to be Records to all Intents and Purposes and the same or a true Copy or Copies thereof or of any Matter or Thing therein shall be allowed as Evidence in any Court whatsoever
XVII. Proviso for Wilden Ferry and others.
Provided alwaies neverthelesse and be it enacted by the Authority aforesaid That neither this Act or any thing herein contained shall extend to prejudice the Ferries called Wilden Ferry Sawley Ferry and Willington Ferry Donington Kingsmill Boat or Ferry or any of them or any other Ferry or Boat that is or are already used upon the said River for conveying Passengers or Goods over or cross the said River or make such Boats or Ferries liable to any the Duties in this Act mentioned or hinder or obstruct them from takeing any such Rates or Duties for conveying any Passengers or Goods over or cross the said River as they used formerly to doe or legally might have done if this Act had never been made Any thing herein to the contrary thereof in any wise notwithstanding
XVIII. Henry Pagett Esq. to act for his Father during Absence.;
Manor of Burton coming to Infant, Guardians may act.
Provided and it is hereby further enacted That untill the Returne of the said William Lord Pagett (who is now beyond the Seas) into England the Honourable Henry Pagett Esquire Son and Heire Apparent of the said Lord shall and may doe performe or order and is hereby inabled to doe performe or order for and on the Behalfe of the said Lord Pagett and in Trust for him all such Acts Matters and Things as the said Lord Pagett is hereby inabled to doe performe or order and in case the said Manor of Burton shall at any time descend or any way come to any Infant or Infants that then the Guardian or Guardians for the time being of or for such Infant or Infants shall and may doe performe and order all such Acts Matters and Things on the behalfe of such Infant or Infants untill such Infant or Infants shall attaine his her or their respective Age or Ages of Twenty one Yeares or shall dye as such Infant or Infants could or might doe performe or order in case he she or they were of full Age and the Infancy of such Person or Persons as shall be intituled to the said Mannor of Burton shall be no Obstruction to the perfecting continueing or maintaining the said Navigation.
XIX. River to take its ancient Current by Repton.
Provided alsoe and it is hereby further enacted by the Authority aforesaid That the said River shall have and take its old and ancient Current by Repton in the County of Derby if the Commissioners by this Act appointed or the major part of them at their first Generall Meeting shall think it proper and most commodious for Navigators or others Any thing herein contained to the contrary notwithstanding
XX. No Person to come upon the Earl of Huntingdon's Lands, on the South Side the River Trent, except Heys Meadow.
If Lock made between the Four Floodgates, &c; Lord Pagett to keep the same in Repair, &c; So if Lock made between the Two Sets of Floodgates in the said Wear; If Navigation does not answer, then Lord Paget, &c. to remove such Locks.
( (fn. 4) ) Provided nevertheless and be it further enacted by the Authority aforesaid That no Person or Persons whatsoever under pretence of the said Navigation shall come into or upon any of the Lands now of the Right Honourable Theophilus Earl of Huntingdon on the Southside of the said River of Trent but shall hale their Boats and Vessells on that side of the said River next Weston upon Trent in the said County of Derby only (except one parcell of Meadow of the said Earl called the Heys Meadow lying near Kings Newton in the said County of Derby) the Banks whereof shall from time to time be kept in Repaire with Floitering and Earth-work by the said Lord Pagett his Heires and Assignes in such Places and as often as they shall be damnified by meanes of the said Navigation and that no Boat or Vessell shall stop or stay upon that side of the said River adjoyning to the Lands of the said Earl and that in case the said Lord Pagett his Heires or Assignes shall make any Lock or Locks between the Four Floodgates now placed in the Weare of the said Earl and the end of Weston Pasture that then the said Lord Pagett his Heires and Assignes shall at all times then after either out of his or their owne Estate or out of the Profits of the said Navigation during the Continuance thereof be at the Costs and Charges of keeping in good Repaire not only the said Lock and Locks but alsoe shall repaire and make good so much of the said Weare betweene the said Four Floodgates and Weston Pasture as shall be at any time or times hereafter damnified by makeing of such Lock or Locks and that in case the said Lord Pagett his Heires or Assignes shall make any Lock or Locks in the said Weare between the two Setts of Floodgates in the said Weare that then the said Lord Pagett his Heires and Assignes shall and will either out of his or their owne Estate or out of such Profitts of the said Navigation during the Continuance thereof as aforesaid be at the Charges of keeping in good Repaire not only the said Lock or Locks last mentioned but alsoe soe much of the said Weare as now lyeth betweene the said two Setts of Floodgates and that in case the said Navigation after the makeing such Lock or Locks or any Sluce or Cutts in or neare the said Weare do not answer the ends intended by such Navigation or are not made use of for that End and Purpose that then the said Lord Pagett his Heires or Assignes shall at his and their owne proper Costs and Charges remove such Lock or Locks and fill up such Sluces and Cutts as he or they shall make in or near the said Weare and put the same in the like or as good Condition as the same were before the makeing any such Lock or Locks Sluce or Cutts
XXI. Proviso for the said Earl's Right of Fishing, as herein mentioned.
Provided alwaies and it is hereby declared That this Act shall in no sort impower any Person or Persons to remove or alter any of the said Floodgates nor to hinder or deprive the said Earl his Heires or Assignes from the sole and severall Right of fishing in the said River within the Liberty of Donnington Kings Mills in the Parish of Castle Donnington and County of Leicester and the Mannors of Melborne and Kings Newton in the County of Derby but that the said Earl may have the sole Fishing of the Waters there in such manner as he now holds and enjoys the same and that the said Weare shall and may be continued in the said River as it now is saving such Alteration as may be made therein by any Lock or Locks pursuant to this Act
XXII. No Wharfs or Warehouses to be erected between Nothingham Bridges and Burton, without Commissioners Constent.
Provided [also (fn. 5) ] and be it enacted by the Authority aforesaid That no Person or Persons whatsoever shall hereafter erect build or continue any Wharf or Wharfs Ware-House or Ware-Houses upon or adjoyning to the said River of Trent between Nottingham Bridges and the Parish of Burton aforesaid other than such as of ancient Use and Custom have been erected built made and continued upon or adjoyning to the said River unless by the Consent and Appointment of the major part of the Commissioners and of the Undertaker his Heires and Assignes.