Page:Ruffhead - The Statutes at Large - vol 6.djvu/350

 288 C. 34. Anno decimo Georgii II. A. D. 1737. aforefaid of the one Part, and Jofeph Goodman of the Precinct of Saint Catharine's near the Tower, in the County of Middlefex Efquire, of the other Part, reciting amongft other Things, that the clearing and effecting a PaiTage for flat-bottomed Boats, Barges, and other fmall Boats and VefTels upon the faid River, from Barking aforefaid to Great Illford aforefaid, would be very beneficial to Great Illford aforefaid, and to fuch Part of the faid County of EJJex as was near or adjacent thereunto, and would be very convenient for the Carriage of Corn, Coals and other Goods and Merchandizes to and from Great Illford aforefaid and Parts adjacent, and to and from London and other Parts, as likewife for the Carriage of Chalk and other Manure for improving the Lands in and near Great Illford aforefaid and the faid Parts adjacent thereunto ; and reciting further that the faid Jofeph Goodman did propofe at his own proper Cofts and Charges to make the faid River navigable from Barking aforefaid to Great Illford aforefaid ; it is witnefled by the faid Indenture, that the faid feveral Land Owners, according to their refpective Eftates and Interefts, did covenant with the faid Jofeph Goodman, that they would from time to time and at all Times from thenceforth permit him the faid Jofeph Goodman, his Heirs, and Afligns, with Workmen and others neceflary for that Purpofe, to come upon their Lands and Hereditaments reflectively, for the clearing and cleanfing the faid River, in order to make the fame navigable, and for removing any Impediments that might be in the faid River to hinder the Naviga- tion thereof; and fuch of the faid Land Owners as had an Inheritance in Fee-fimple in their faid Lands and Hereditaments did thereby further give and grant unto the faid Jofeph Goodman full Power and Authority to dig down or cut away any Part of the faid Lands and Hereditaments belonging to them, not exceeding thirty Feet in Breadth at any one Place, in Order to enlarge the faid River for the more eafy making the fame navigable : And he the faid Jofeph Goodman did thereby covenant and agree with the faid Land Owners, their Heirs, Executors, Adminiftrators and Afligns reflectively, from time to time to make Satisfaction to the faid Land Owners, their Heirs, Executors, Adminiftra- tors and Afligns reflectively, for all Damages which fhould accrue to them or their faid Lands and Hereditaments, by reafon of fuch coming upon, or fuch digging down or cutting away the fame as aforefaid, to be ascertained in Manner therein mentioned, or in Default thereof to be recovered by Action : And whereas the faid Jofeph Goodman did foon after the making of the faid Indenture begin to make the faid River navigable from Barking to Great Illford aforefaid, for Flat-bottom Boats, Barges and other fmall Boats and VefTels, as herein before mentioned, and hath fince made fo con- siderable a Progrefs therein, that the fame is almoft compleated, and is willing at the fole Charge and Expence of him the faid Jofeph Goodman, his Heirs and Afligns, fully to finifh and perfect the fame as foon as may be : And whereas feveral Eftates and Interefts in all or the greateft Part of the faid Lands and Hereditaments lying within or on each Side of the faid River are limited to Perfons not in being, or to Infants or Feme-coverts, or are under fome Entail or Settlement, by reafon whereof fuch Perfons will not be bound by the Covenants in the faid Indenture : And whereas the faid Jofeph Goodman, and the faid feveral other Parties to the faid Indenture who had executed the fame, being fully fenfible thereof, have agreed that the faid Indenture fhould be of no Force or Effect, from and after the pafling of an Act of Parliament relating to the Premifles, except only as to fuch Acts, Matters and Things as have been done before the making thereof : And whereas the Liberty of coming upon the faid Lands and Hereditaments for removing any Impediments or Obstructions in the faid River, in order to make the Navigation thereof fafe and eafy, will be precarious, and cannot be fecured to the faid Jofeph Goodman, his Heirs and Afligns, without the Aid of an Act of Parliament : And whereas the making Rivers navigable is a Means to advance Trade, increafe Watermen, and is for the Good and Advantage of the Publick in general, befides the particular Benefit which will thereby accrue to the. Towns or other Parts adjacent or near to fuch Rivers ;' Be it therefore enacted, &c. Jofeph Goodman impowered to make the faid River navigable, making Satisfaction for Damages. Com- miffioners appointed for adjufting Rates and Damages. On Non-appearance of the Parties, the Commiflioners may proceed to enquire of the Damage. If die Water be raifed above its ufual Height, Satisfaction is to be made for Damage of adjacent Lands. Rates for Conveyance of Goods : For every Chaldron of Coals, London Meafure, 1 ;. For every Hundred of Deals, 2 5. For every Load of Timber, fifty Feet to the Load, 2 s. For every ten Packs of Wool, ten Tod to the Pack, 2 j. For every Load of Wheat or Barley, five Quarters to the Load, 1 s. For every Load of Oats, 9 d. For every Load of Beans and Peafe, 1 s. For every Load of Malt, 1 s. For every Ton of other Goods, is. 6d. Proprietors of the Mill may carry Materials for its Repair, and their Corn, Toll-free. Matters of Boats, &c. refponfible for Damages. Perfons having Eftates adjacent to the River, may keep Pleafure-boats. Privileges of Filhing and Fowling not taken away." CAP. XXXIV. An Act to difable Alexander Wilfon, Efquire, from taking, holding or enjoying any Office or Place of Magiftracy, in the City of Edinburgh, or elfewhere in Great Britain ; and for impofing a Fine upon the Corporation of the faid City. EXP. WHEREAS upon Tuefday the feventh Day of September in the Year of our Lord one thou- fand kven hundred and thirty-fix, there was a moft feditious and outrageous Riot in the City of Edinburgh, in that Part of Great Britain called Scotland, notorioufly concerted and carried on by great Numbers of wicked, diforderly and blood-thirfty Perfons, who did with open Force and Violence feize the Arms of the City Guard, poffefs themfelves of the City Gates, and by letting tire to and ' breaking