Page:Ruffhead - The Statutes at Large - vol 6.djvu/615

 A. D. 1744: Anno decimo fcptimo Georgii 11. C. 28. 549 '< liis, her or their Intereft in the faid Undertaking, or any Part or Share thereof, to any Perfon or I'cr- .« fons whatfoever, before or until fuch T'ime as the faid River fhould be made navigable as aforefaid ; as 4 in and by the (aid Act of Parliament of the fixth Year of his Majefly's Reign will more fully arf- 4 pear : And whereas the faid Nathaniel Kinderley did afterwards, by an Inftrument in Writing dated the 4 ninth Day of July one thoufand feven hundred and thirty-three, duly executed by him under his Han 1 M and Seal, declare, that his Name was made ufe of in the faid Act of Parliament hit Truft' far fThoi 4 Watts and Richard Manley, Efquircs ; and fuch other Perfons as they fliould appoint to be concern: ■! ' 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 Quadripartite, made the ninth Day of ' April one thoufand feven hundred and thirty-four, by and between the laid Nathaniel Kinderky, of the ' firft Part ; the faid Thomas Watts and Richard Manley, of the fecond Part ; Jofeph Davis and Williafn 4 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 Parties, it was ago ' that the faid Subfcribers fliould raife a joint Stock of forty thoufand Pounds, in the Manner and on the ' Trufts therein mentioned ; which Trulls were, amongft other Things, to lay out the ten thoufand ' Pounds to be depofited as a Fund to anfwer the Damages before fpecified ; and alio to lay out fuch 4 Sums as fhould be neceffary to recover and preferve the Navigation of the River Dee, in fuch Manner ' as in the faid Adt is mentioned ; and the Rclidue (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 further agreed, That the Duties and Tonnage by the faid Act made payable to, 4 and the Sands, Soil, Ground, Marfhcs, and Salt Grafs thereby verted in the faid Nathaniel Kinderky, A his Heirs, Affigns, or Nominees, fhould be and remain to and for the Ufe and Benefit of the faid 4 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 Inden- ' ture agreed, That the faid Joint Stock of forty ti.oufand Pounds fhould be divided into four hundred ' Shares, each confifting of one hundred Pounds ; and that each of the Subfcribers fhould be intitled to 4 fo many of the faid Shares as he fhould have fubferibed and paid in one hundred Pounds : And feveral 4 Provifions were by the faid Indenture made for the Management of the faid Undertaking, for recover- i ing and preferving the faid Navigation, and of the Affairs relating thereto ; as by the faid Indenture .' may more fully appear : And whereas the faid Undertakers, the Affigns or Nominees of the faid Natha- 4 Kiel Kinderley, between the twenty-feventh Day of Augujl and the ninth Day of November one thoufand 4 feven hundred and thirty-five, did inveft the Sum often thoufand Pounds in the Purchafe of nine thou- ■ 4 fand two hundred and ninety Pounds, old South Sea Annuities, in the Names of the faid Thomas Revel, ' John Manley, Benjamin Hoare, and John Bland, as Truftees for the Purpofes in the faid Act of Pari ia- i ment mentioned ; and the faid Benjamin Hoare afterwards refuting to accept the faid Stock in the South & of the High Court of Chancery of Great Britain, made the eighteenth Day of February one thoufand fe- 4 ven hundred anclthirty-feven, transferred into the Names of the faid Thomas Revel, John Manley, and " John Bland, upon the fame Trufts : And whereas the faid Undertakers began the faid Undertaking be- ' fore the twenty-fourth Day of June one thoufand feven hundred and thirty-five, and laid out the Mo- 4 nies advanced and paid in and upon the faid Indenture, in making the faid Depofit of ten thoufand 4 Pounds in South Sea Annuities, and for other the Purpofes in the faid Indenture mentioned, and great 4 Progrefs was thereby made in recovering the faid Navigation ; but the fame not being perfected, and it ' being neceffary to raife further Monies for that Purpofe, it was by Deed-poll, bearing Date the feven- ' teenth Day of Augujl one thoufand feven hundred and thirty-fix, agreed to advance ten per Centum 4 more on each their refpective Subfcriptions to the faid Indenture, for the Purpofes in the faid Indenture expreffed concerning the faid forty thoufand Pounds ; and afterwards there being a Neceffity to raife ' further Monies for the perfecting the faid Navigation, by another Deed-poll, bearing Date the third ' Day of March one thoufand feven hundred and thirty-fix, it was agreed by the faid Subfcribers to the ' faid Deed-poll, to advance twenty-Pounds per Centum more on their refpective Subfcriptions to the 4 faid Indenture for perfecting the faid Navigation : And whereas the Subfcribers to the. faid Indenture, 4 and to the faid Deeds-poll, and Undertakers of the faid Navigation, having raifed and paid in forty- feven thoufand eight hundred and thirty Pounds, the fame was laid out in making the faid Depofit. and 4 in cutting and making a new Channel for the faid River Dee through the adjacent Marfhes, near ten 4 Miles in Length ; and making a Dam and Sluces crofs the faid old Channel of the faid River, and 4 deepening and fcouring thereof, and making other Work's neceffary for the recovering and preferving ' the Navigation of the faid River, and in Charges neceffarily attending the faid Undei taking; and the 4 faid River was in the Month of April one thoufand feven hundred and thirty-feven turned into the faid
 * ' Sea Company's Books, or to act in the faid Truft, the faid Annuities were, in purfuance of a Decree
 * new Channel, and hath ever fince continued to run through the fame, and ever fince that Time Ships
 * ' and Veffelsof ,confiderab]e Burden have, failed and navigated through the faid new Channel, up to the

faid Point called Wilcox Point ; and the faid Undertakers being by the faid Act directed and impowered 4 to make and keep the faid River navigable from the Sea to the faid Point called Wilcox Point, in fuch ' Tide, for. Ships and Veffels to coir.e and go to and from the faid City, feveral Trials and Soundings .' were had. and made, in order to afcertain the Height the Water flowed to at a moderate Spring Tide ; ' and thereby the fame was afcertained and fixed, to be level with the Height of nine Foot above the ' Bottom Floor, or Apron of the Ten Gate Sluice, Part of the Works of Navigation erected by the faid ' Undertakers :
 * Manner that there fhould be fixteen Foot Water in every Part of the faid River at a moderate Spring