Page:Ruffhead - The Statutes at Large - vol 6.djvu/456

 390 C. ii. Anno decimo tcrtio Georgii II. A. D. 1740. »3 Geo, 1. c. 20 6 Geo, s, e.g. Riding of the County of York navigable, from Holmftile in Doncafter up to the utmojl Extent of Tiniley Wcjlward, a Toiun/hip ivithin two Miles of Sheffield, the Mafter, Wardens, Searchers, Affilrants and Commonalty of the Company of Cutlers in Hallamfhire, in the County of York, their Succeflbrs and Affigns, arc nominated and appointed Undertakers of the faid Navigation, with Power to make the laid River navigable at their own Expence from Holmftile aforefaid, up the faid River above Holmftile to the utmoft Extent of Tinficy Weftward, and for making and erecting Wharfs and Warehoufes, Locks and Dams, and for making Towing-paths on the Banks of the faid River for the haling of Veffels with Men or Horfes, and for purchafing Lands for the Purpofes aforefaid ; and alfo fuch Powers of taking Tonnage and Lock Dues, and other Sums of Money, as a Recompence for the Expence they (hall be at in making the faid River navigable, as in the faid Act is mentioned : And whereas bv another Act made in the thirteenth Year of the Reign of his faid late Majefty, intituled, An Ati for improving the Navigation of the River Dun, frotn a Place called Holmftile in the Town/hip <?/Doncafter, in the Coun- ty of 'York, to Wilfick-houfe, in the Parijh of Barmby Dun, in the faid County, the Mayor, Aldermen and Burgeffes of the Borough of Doncajler, in the faid County of York, their Succeffors and Affigns' are nominated and appointed Undertakers of the faid laft-mentioned Navigation, and they are thereby impowered by themfelves, their Servants, Agents, Workmen and Affigns, at their own Expence, to make the fame River paffable with Boats, Barges, Lighters, and other Veffels, at all Times in the Year, from a Place called IVilfick-houfe to Holmftile aforefaid, and to fcour and cleanfe the faid River, and to make Ways and Bridges, Locks, Cuts, Dams, and exercife all fuch other Powers and Autho- rities, as in and by the faid laft-mentioned Act are given and granted to them ; and alfo to make Towing-paths on the Banks of the faid River for haling of Veffels with Men or Horfes ; and alio to purchafe Lands for the Purpofes aforefaid ; and alfo to take Tonnage, Lock Dues and other Sums of Money, as a Recompence for the Expences they fhall be at in making the faid River navigable ; and to exercife fuch other Powers and Authorities as are mentioned in the faid laft-mentioned Act : And whereas by one other Act of Parliament made in the fixth Year of the Reign of his prefent Ma- jefty King George the Second, intituled. An Acl to explain and amend two Ads of Parliament, one made in the twelfth, and the other in the thirteenth Year of his late Majefty' s Reign, for making navigable the River Dun in the County of York, and for the better perfecting ana maintaining the faid Navigation, and for uniting the feveral Proprietors thereof into one Company; reciting (amonft other Things) That for the better carrying on and compleating of the faid Navigation, it was found neceffary that the Undertakers of both the faid Navigations fhould be united into one Company and Copartnerfhip, and that all the Intereft of the Undertakers of both the faid Navigations fhould be divided into one hun- dred and fifty Shares, to be diftributed unto and among the faid two Corporations and others the Contributors to the faid Undertakings, in Proportion to the feveral Sums of Money by them refpec- tively advanced towards carrying on both the faid Navigations : And it was by the faid laft-mentioned Act enacted, That the Powers and Authorities given and granted by the two in Part recited Acts pafied in the twelfth and thirteenth Years of his late Majefty King George the Firft, fhould be vefted in the faid united Company, for the better carrying on, making, maintaining and perfecting of the faid Navigation, as well above as below Holmftile, according to the Rules and Orders in the faid Act made in the fixth Year of the Reign of his prefent Majefty are expreffed, and fhould for that Purpofe be one Body Politick and Corporate, by the Name of The Company of Proprietors of the Navigation of the River Dun ; and by the fame Name fhould have perpetual Succeffion, and lhould have a Common Seal, and by that Name fhould and might fue and be fued, and alfo lhould have fuch Powers and Authorities, as the faid two Corporations, or either of them, were -by the faid recited Acts of the twelfth and thirteenth Year of the Reign of his faid late Majefty, or either of them, inverted with, (except as in the faid Act of the fixth Year of the Reign of his prefent Majefty is excepted :) And whereas the faid Company of Proprietors of the Navigation of the River Dun, have (in purfuance of the faid in Part recited Acts, and in putting in Execution the Powers and Authorities thereby refpec- tively granted and given) laid out and expended the Sum of twenty-four thoufand Pounds and upwards, whereby they have made and perfected a good Navigation from the Town of Rotherham, upon the faid River, to Wilfick-houfe, in the Parifh of Barmby Dun, in the faid County : And whereas the faid River Dun is already navigable and paffable for Boats, Lighters and other Veffels, from Wilfick-houfe afore- faid, to Fifilock Ferry in the faid County of York, Part of the Year ; but in Time of Neap Tides and dry Seafons Boats cannot pafs on that Part of the faid River, to the great Hindrance and Prejudice of Trade : And whereas the improving of the Navigation of the faid River, and making the fame na- vigable at all Times and Seafons, will be very beneficial to Trade, and advantageous to the Poor, and a great Encouragement to the Manufactures of Iron, and convenient for the Carriage of Lead, Coals, Lime, Stone, Timber and other heavy Goods, Wares and Merchandizes to and from the Towns, and Parts adjacent or near to the faid River, and alfo to and from Derbyfhire, Che/hire, Lancafliire and other diftant Counties, and to and from London, and feveral other Parts of this Kingdom, and will very much tend to the employing, and the Increafe of Watermen and Seamen, and be a Means to pre- ferve the Highways, and promote the publick Good of this Kingdom : ' Wherefore may it pleafe "i our oft Excellent Majefty, that it may be enacted, i3~c. The Proprietors to make the River Dun navigable from Wilfick Houfe to Fifhhcl Ferry in Com' York, by cleaning Drains, &c. and cutting Trees, isc. To fatisfy all Damages. Commifiioners to deter- mine Differences betwixt Undertakers and Proprietors of Mills, £5Y. If the Undertakers are dif- fatisfied with Commiffioners Determation, Sheriff or Coroners to impanel a Jury of Freeholders, on Penalty of 50 /. whofe Verdict fhall be final. Records of Verdicts and Proceedings of Commifiioners S, " and