Page:Ruffhead - The Statutes at Large - vol 6.djvu/479

, D. 174 J. Anno declmo quarto Geo rgii II. C. 8. 413 CAP. VIII. An Aft for incorporating the Undertakers of the Navigation of the River Dee. P R. WHEREAS by an Act of Parliament made in the fixth Year of his Majefty's Reign, inti- Preamble, re- tuled, An Aft to recover and preferve the Navigation of the _ River Dee, in the County Palatine of^'lP* thc Aii Chefter, reciting, That the Sands, Soil and Ground, commonly called The White Sands, in the faid A<t mentioned, were of great Breadth in fome Places, and that the laid River not being navigable was chiefly owing to the Breadth of the faid Sands, and to the fhifting of the Chanel from one Side thereof to the other, as the Winds and Tides varied ; and' alfo, That the faid White Sands were not, nor were likely to be, of any Benefit to any Perfon, unlefs the laid River was bounded in, and made navigable, by Sea Walls, Banks and Fences, which would require a very great Expencc, as well to erect as to maintain and repair, from time to time ; and that if the faici White Sands were recovered from the Sea by making Walls, Banks and Fences, and the Chanel of the faid River Dee was confined to one certain Courfe, it would not only effectually make the faid River navigable, bur, veiling the faid White Sands in the Undertakers of thc faid Navigation, would be a confiderable En- I couragement to the Undertaking ; and alfo reciting, That the making the faid River navigable would be a Means to advance the Trade of the faid City of Che/fer, and that great Benefit would accrue thereby to the Inhabitants thereof, and to the Towns and Countries adjacent to or near the faid River ; and it would alfo increafe the Number of Seamen and Watermen, and promote the publick Good of this Kingdom ; Nathaniel Kinderley in the faid Act named, his Heirs and Afiigns, and fuch 1 Perfons as he, .his Heirs and Afligns fhould nominate and appoint, under his or their Hand and Seal, (hould be and were by the faid Act appointed Undertakers of the faid Navigation, and impowered at their own Cofts and Charges to make and keep the faid River Dee navigable from the Sea to a certain Point within the Liberty of the faid City of Chejier, called Wilcox Point, in fuch Manner that there (hould be fixteen Foot Water in every Part of the faid River at a moderate Spring Tide, for Ships and Veffels to come and go to and from the faid City ; and the faid Nathaniel Kinderley, his Heirs, Af- figns and Nominees, had further Powers granted them by the faid Act as therein mentioned ; and as a K.ecompence for the Expences which the faid Undertakers mould be at in making the faid River navigable, they were by the faid Act of the fixth Year of his prefent Majefty impowered, fo foon as the laid River was made navigable as in the faid Act was exprefled, to take and receive fuch Duties and Tonnage as in the faid Act are mentioned ; and certain Sands, Marfhes and Salt Grafs, in the faid Act mentioned, were thereupon vefted in the faid Undertakers to and for their proper Ufe, under ! the Provifoes and Conditions in the faid Act mentioned ; and they were by the faid Adt directed to invert ten thoufand Pounds in South Sea Annuities or other Government Securities, in the Names of Thomas Revel, John Manhy, and Benjamin Hoare, Efquires, and 'John Bland, Banker, to remain as a Fund to anfwer fuch Damages as fhould arife to the Owners of 'Lands, Tenements, Hereditaments and Fifheries in the faid Act mentioned, for the Space of three Years from and after the faid Naviga- tion fhould be fully compleated, as in and by the faid Act of Parliament will more fully appear : And whereas the faid Nathaniel Kinderley did afterwards by an Inftrument in Writing, dated the ninth Day of July one thoufand feven hundred and thirty-three, duly executed by him under his Hand and Seal, declare, That his Name was made ufe of in the faid Act of Parliament, in Truft for Thomas Watts and Richard Manley, Efquires, and fuch other Perfons as they fhould appoint, to be concerned in the faid Undertaking to make the faid River Dee navigable, according to the Terms of the faid Adt ; and the faid Nathaniel Kinderley did afterwards duly nominate certain Perfons, being forty in Number, to be the Undertakers of the faid Navigation : And by Indenture Quadrupartite made the ninth Day of April one thoufand feven hundred and thirty-four, by and between the faid Nathaniel Kinderley of the firft Part ; the faid Thomas Watts and Richard Manley of the fecond Part ; Jofeph Davis and William Parfons of London, Gentlemen, of the third Part ; and ninety other Subfcribers to the faid Indenture, or to the Schedule thereof, of the fourth Part, and duly executed by all the faid Par- ties (thirty-fix of which Subfcribers to the faid Indenture, or to the Schedule thereof, were Nominees ' of the faid Nathaniel Kinderley, by him fo nominated as aforefaid to be Undertakers of the faid Navi- ' gation, the four other Perfons nominated as Undertakers not having paid any Money to the faid Un-
 * dertaking, or fubferibed thereto) it was agreed, That the faid Subfcribers (hould raife a joint Stock

• of forty thoufand Pounds, in the Manner and on the Trufts therein after mentioned ; which Trufts ' fwer the Damages before fpecified ; and alfo to lay out fuch Sums as fhould be neceffary to recover 1 and preferve the Navigation of the River Dee, in fuch Manner as in the faid Act is mentioned ; and 1 the Refidue (if any) of the faid forty thoufand Pounds was to be in Truft for the faid Subfcribers, in ' Proportion to the Sums by them refpectively paid in ; and it was by the faid Indenture farther agreed, ' That the Duties and Tonnage by the faid Act made payable to, and the Sands, Soil, Ground, 1 fhould be and remain to and for the Ufe and Benefit of the faid Subfcribers to the faid Indenture, or ' to the Schedule thereto annexed, in Proportion to the Sums by them refpectively paid, and to be ' paid, in purfuance of the faid Indenture ; and it was by the faid Indenture agreed, That the faid ' Joint Stock of forty thoufand Pounds fhould be divided into four hundred Shares, each confifting of 1 one hundred Pounds, and that each of the Subfcribers fhould be intitled to fo many of the faid Shares ' as he fhould have fubferibed and paid in one hundred Pounds j and feveral Provfions were by the v ' faid
 * were, amongft other Things, to lay out the ten thoufand Pounds, to be depofited as a Fund to an-
 * Marfhes and Salt Grafs thereby vefted in the faid Nathaniel Kinderley, his Heirs, Afligns or Nominees,