Page:Ruffhead - The Statutes at Large - vol 6.djvu/614

 C. 2 3. Anno decimo feptimo Georgii II. A. D. 1744. ' luant to the laid Act ; but the faid River was not made navigable, the Provifions for making the fame ' navigable by the faid recited A6t being infufficient ; and that the Time thereby granted for making the ' fame navigable was- expired ; and reciting, That the Sands, Soil, and Ground, not bearing Grafs, ' commonly called the White Sands, from the City of Chejler to the Sea, and lying between the County ' Places ; and that the faid River's not being navigable, was chiefly owing to the Breadth of the laid ' Sands, and to the fhifting of the Chanel from one Side thereof to the other, as the Winds and Ti L- varied ; and that the faid Sand, Soil, and Ground, commonly called the White Sands, were not, not ' bounded in, and made navigable by Sea Walls, Banks, and Fences as aforefaid, which required a very ' great Expence, as well to ere£t as to maintain and repair from time to time, as Occafion fhould re- ' quire ; but that yet ncverthelefs, if the faid Sands, Soil', or Ground commonly called the White Sands, ' were recovered from the Sea by Sea Walls,' Banks, and Fences as aforefaid, and the Channel thereby ' confined to one certain Courfe, it would not only effectually make the faid River navigable, but that ' taking thereof: And reciting, That the making the faid River navigable would be a Means to advance ' the Trade of the faid City, and that a great Benefit would accrue thereby to the Inhabitants thereof, and ' to the_ Towns and Countries adjacent or near the faid River, as alfo be a Means to increafe the Nuoa- ' ber of Seamen and Watermen, and promote the publick Good of this Kingdom ; Nathaniel Kinderley, ' derley, his Heirs or Affigns, fhould nominate and appoint, under his or their Hand and Seal, were, by ' the faid Aft of the fixth Year of his prefent Majefty's Reign, appointed Undertakers of the faid Navi- ' gation, and authorized and impowered at their own Cofts and Charges, by rhemfelves, their Deputies^ ' Agents, Officers, Workmen, and Servants, from time to time, and at all Times thereafter, to make ' and keep the faid River Dee navigable from the Sea to a certain Point within the Liberties of the City ' of Chejler called Wilcox Point, in fuch Manner that there fhould be fixteen Foot Water in every Part of ' the faid River at a moderate Spring Tide, for Ships and VelTels to come and go to and from the faid ' ncl of the faid River to run through fuch Part of the faid Sand,. Soil, and Ground, commonly called ' the White Sands, or -the common Salt Marfhes thereunto adjoining, or through the Marfh or Marfhes of ' 'John Wright, Efquire, commonly called Breivers Hall Mar Jh, as the faid Nathaniel Kinderley, his Heirs, ' Affigns, or Nominees, fhould think fit; and the faid Nathaniel Kinderley <, his Heirs, Affigns, and No- ' minees, had further Powers granted them by the faid Aft, as therein mentioned ; and as the faid Na- ' and Expence in making the faid River navigable, as alfo in repairing and keeping up the fame fit for ' fuch Navigation as aforefaid, it was by the faid Aft of the fixth Year of his prefent Majefty enacted, ' That immediately from and after fuch Time as the faid Nathaniel Kinderley, his Heirs, Affigns, or No- "' minees, fhould make the faid River Dee navigable and pafl'able with and for Ships and Vefiels in Man- ' ner as aforefaid, all Merchants, Owners, and Proprietors of any Goods, Wares, Merchandizes, or " or fhipped ofF, or lent from the City of Chefter, or at or from any other Place or Places whatfoever be- ' tween the faid City of Chejler and Parkgate in the County of Chejler on the North Side of the faid River, 4 and between the City of Chejler and the Town of Flint in the County of Flint, on the South Side of 'the faid River, fhould pay unto the faid Nathaniel Kinderley, his Heirs, or Affigns, or Nominees, all ' and every fuch Duty, Tonnage, Sum and Sums of Money, as in the faid Aft are mentioned; and, as ' a farther Recompence for the Expences which the faid Undertakers mould be at in making the faid ' River navigable, certain Sands, Marines, and Salt Grafs, and other Lands therein mentioned, were, ' Ufe, under the Provifoes and Conditions in thefaid Aft mentioned ; and Commiffioners were appointed ' by the faid Aft, for fettling and adjufting in the Manner therein mentioned, all Matters about which ' any Difference or Controverfy mould arife between the faid Undertakers and the Proprietors of any of 4 the Lands adjoining to the laid River, in the Manner therein mentioned ; and the faid Commiffioners ' were thereby impowered, in the Manner therein mentioned, to fettle and aflefs Recompence and Satif- 4 faftion to be made for any Damages, that might happen to any of the Lands or Fifheries in the faid 1 ' Aft mentioned, by reafon or Means of the faid Navigation : And the faid Undertakers were by the faid" ■" Aft directed to invert, ten thoufand Pounds in South Sea Annuities, or other Government Securities, in 1 the Name of Thomas Revel, John Manley, and Benjamin Floare, Efquiies, and John Bland, Banker, to k remainas a Fund to anfwer the Damages laft mentioned, for the Space of three Years from and after '•' fuch Time as the faid Navigation fhould be fully compleated : And it was thereby alfo enacted, That in finifh the fame, in making the faid River navigable according to the Intent and true Meaning of the faid Aft, on or Before the twenty-fourth Day of June one thoufand feven hundred and forty-two, all' and every the Powers, Authorities, Rights, Privileges, and Intereft of the faid Nathaniel Kinderley, his ■ Heirs, and Nominees, fhould ceafe, determine, and be utterly void : And that it fhould not be lawful' I for any Proprietor or Undertaker, or his, her or their Heirs, or any Perfon or Perfons claiming under them or any of themj to fell, affign, aliene, alter, or difpofe of, by any Ways or Means whatfoeva,
 * vigable: And reciting, That feveral confiderable Sums of Money had been laid out and expended pur-
 * of Cbejier on the North Side, and the County of Flint on the South Side, are of great Breadth in mo!t
 * was likely t6 be of any Advantage or Benefit to any Perfon whatfoever, unlefs the faid River were
 * veiling the faid White Sands in the Undertakers, would be a confiderable Encouragement to the under-
 * in the faid Aft named, his Heirs and AfTigns, and fuch Perfon or Perfons, as the faid Nathaniel Kiw
 * City ; and to that End to alter, direct, and make, or caufe to be altered, directed, and made, the Chan-
 * thaniel Kinderley, his Heirs, Affigns, or Nominees, would neceffarily beat a very confiderable Charge
 * other Commodities, that fhould be brought into the faid River and Channel, and that fhould be loaded at,
 * fo foon as the faid River was made navigable, veiled in 'the faid Undertakers, to and for their proper
 * cafe the faid Nathaniel Kinderley, his Heirs, Affigns, or Nominees, fhould not begin the faid Undcrta-
 * king on or before the twenty-fourth Day of June one thoufand feven hundred and thirty-five, and'
 * his,