Page:Ruffhead - The Statutes at Large - vol 6.djvu/203

 A. D. 1733. Anno fexto Georgii II. C. 30. 141 after the Fact committed, and not afterwards, and (hall be laid or brought in the County, City or Place where the Caufe of Action arifes, and not elfewhere ; and the Defendant or Defendants in fuch Action or Suit may plead the General Illlie, Not Guilty, and give this Act and the fpecial Matter in Evidence at General Ifluc. anv Trial to be had thereupon, and that the fame was done in Purfuance and by Authority of this Act ; . and if it (hall appear fo to be done, or if any fuch Action or Suit (hall be brought after the Time limited for bringing the fame, then the Jury fliall find for the Defendant or Defendants ; or if the Plaintiff or Plaintiffs ihall become nonfuited, or fuffer a Difcontinuance of his, her or their Action or Actions, or if a Verdict lhall pafs againft the Plaintiff or Plaintiffs, or if upon Demurrer Judgment lhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants fhall have Treble Cofts, and have fuch Treble Cofts. Remedy for the fame, as any Defendant or Defendants hath or have for Cofts of Suit in other Cafes by XXVI. And be it further enacted, That this Act fhall continue and be in Force from the faid firft Day Duration of this of June one thoufand feven hundred and thirty-three, for and during the Space of five Years and from continued by thence to the End of the then next Seffion of Parliament, and no longer. ,g Geo. as. c.21. And farther continued t amended and explained by 3X OVe. z. c. 16. CAP. XXX. An Act to recover and preferve the Navigation of the River Dee, in the County Palatine of Chefter. P R. ' TT7*HEREAS by an Act of Parliament made in the eleventh and twelfth Years of the Reign of n & m W. j. ' W the late King William the Third, intituled, An Aft to enable the Mayo?- and Citizens of Chefter c< **• ' navigable for Ships and Vefiels of a confiderable Burthen from the Sea to the City of Chefter, but by ' Neglect of the faid River, and for want of fufficient Banks, Works and Fences on the Sides thereof, c tain, that by Sands and otherwife the Navigation to the faid City was almoft loft and deftroyed, the 4 Mayor and Citizens of the faid City of Chefter, and their Succeffors, were impowered to make the faid ' River navigable from the Sea to the faid City of Chefter for Ships of one hundred Tuns or upwards ; ' and to enable them fo to do certain Duties in the faid Act mentioned were laid upon Coals, Lime and 4 Lime Stone brought to and unloaded within the Liberties of the faid City, for the Term of twenty- 4 one Years, and the Property of the Sands, Soil and Ground therein mentioned was immediately, from 4 and after fuch Time as the faid River and Chanel ihould be made navigable and paffable with and for 4 and their Succeffors for ever; and they were at Liberty to defend, inclofe and improve the fame, and 4 Works and Fences, and for making, erecting and doing fuch further and other Works, Fences and 4 gable : And whereas feveral confiderable Sums of Money have been laid out and expended purfuant to 4 by the faid recited Act being infufficient, and the Time thereby granted for making the fame navi- 4 gable is now expired : And whereas the Sand, Soil and Ground not bearing Grafs, commonly called ' The IVhite Sands, from the City of Chejler to the Sea, and lying between the County of Chejier on the 4 North Side and the County of Flint on the South Side, are of great Breadth in moft Places, and the ' faid River not being navigable is chiefly owing to the Breadth of the faid Sands and to the drifting of ' the Chanel from one Side thereof to the other, as the Winds and Tide vary : And whereas the faid 4 Sand, Soil and Ground, commonly called The IVlrite Sands, are not nor are likely to be of any Advan- 4 Sea Walls, Banks and Fences as aforefaid, which will require a very great Expence, as well to erect as 4 Sands, Soil or Ground, commonly called The JVhite Sands, were recovered from the Sea by Sea Walls, ' Banks and Fences as aforefaid, and the Chanel thereby confined to one certain Courfe, it would not ' River navigable will be a Means to advance the Trade of the faid City, and great Benefit will accrue ' thereby to the Inhabitants thereof and to the Towns and Countries adjacent or near the faid River, 4 as alfo be a Means to increafe the Number of Seamen and Watermen, and promote the publick Good 4 of this Kingdom : ' May it therefore pleafe your moft Excellent Majefty that it may be enacted, isY. 44 .TV Kinderley and his Affigns impowered to make and keep navigable the River Dee at their own Charge, 44 The Names of the Undertakers appointed by N. Kinderley to be inrolled within 12 Months, and no 44 Ground cut till fuch Inrolment. After the River fhall be made navigable, the following Duties are to 44 be paid. For every Tun of Goods in every Ship coming from or going to any Place between St. Da- 44 vid's Head and Carlifle, (id. Paving Stones, Slates and Oyfters excepted. And for every Tun of 44 Goods in every Ship coming from or going to any Place beyond St. David's Head and Carlifle, and 44 not beyond the Land's End and the Shetland Ifles,, 9 d. And for every Tun of Goods in every Ship 44 coming from or going to any other Place within Great Britain, Ireland, and the I/le of Alan, is. 6d, 44 And tor every Tun -of Goods in every Ship coming from or going to any foreign Place (Pitch, 44 Tar
 * to recover and preferve the Navigation of the River Dee, reciting, That- the faid River Dee was thentofore
 * againft the Flux and Reflux of the Sea, the Chanel of the faid River was become fo various and uncer-
 * fuch Ships and VeiTels to and from the faid City of Chejler, to be vefted in the faid Mayor and Citizens,
 * receive the Rents and Profits thereof, and apply the fame for maintaining and repairing the intended
 * Things from Time to Time, as Occafion Ihould require, for making and keeping the faid River navi-
 * the faid Act, but the faid River is not made navigable, the Provifions for making the fame navigable
 * tage or Benefit to any Perfon whatfoever, unlefs the faid River be bounded in and made navigable by
 * to maintain and repair from Time to Time, as Occafion fhall require ; yet neverthelefs, if the laid
 * only effectually make the faid River navigable, but vefting the faid White Sands in the Undertakers
 * would be a confiderable Encouragement to the Undertaking thereof : And whereas the making the faid