Page:Ruffhead - The Statutes at Large - vol 7.djvu/551

 A. D. I753' Anno vicefimo fexto Georgii IL C. 35. 531 the undertaking thereof ! Nathaniel Kimkrly in the fluil Adt luuncd, his Heir.s and AfTigna, and fuchPerfoa or Perfons as he or they (hould nominate and appoint, were appointed Undertakers of the ("aid Navig.ition, and authorized and impow. n'd at their own Coll and Ch -rg^-s to make a.id iceep the faid River Z^iV navi- gable from the Sea lo a certain Foint within tlie Liberties of the Ciiy of C-'g/A-r, called JFHccx Po'rai, in fuch manner that there fliould be fixteen l^oot Water in every Part of the faid River, at a moderate Spring Tide, for Ships and Venels to come and go to and fro;ii the faid City ; and as a Recompence for the fame, certain Rates of Tonnage were on tae i'erms therein mentioned, granted by the foid Ad to the faid Nathaniel Khukrly, his Heirs, Afligns or Nominees ; and as a further Recompence for the Expence which the f^id Undertakers Ihouid be at in making the faid River navigable, certain Lands, Marflies and Salt Grafs, and oihcr Lands therein mentioned were, fo foon as the faid River ftould be made navigable, vefted in the hid N.thaniei Kinderiy, his Heirs, Afligns or Nominees for ever, to the Ufe of the faid Nathoniel Khidcrly, his Heirs, Afiigas or Nominees^ for e/er, under the Provifoes and Conditions in the faid A6ts mentioned : And Vvihereas the faid Nathaniel Kiiiderly, and his Affigns or Nominees, Undertakers of the faid Navig: tion, b'»gan the f dd Undertaking, and made a new Channel for the faid River Dce^ through the adjacent Sands and Marlhes near ten Miles in Length ; and the faid River was in the Month of yA;r// one thoufand feven hundred and thirty-feven turned into the faid nev/ Channel, and hath ever fince continued to run througn the fame ; and ever hnce that Time, Ships and Vcffcls of confiderable Burthen have failed and navigated through the faid new Channel up to the faid Point called Wilcox Point, and the faid Undertakers did, before the Lwenty-firft Day oUVIarch one thoufand feven hundred and forty, finixh the faid Undertaking in making the faid River navigable, according to the Intent and true Meaning of the faid recited A6t of the fixth Year of hb Majefl:y's_ Reign : And whereas by one other Aft of Par- liament made in the fourteenth Year of his Majefty's Reign, intituled, Jn A5i for incorpcrating theUnder- ^Geo.i. c. Z, takers of the Navigation of thc-River Dee ; it was amongft other Things enacSed, That the feveral Perfons therein named Proprietors of the Undertaking for recovering and preferving the Navigation of the faid RiytT Decy and the Reprefentatives of fuch of the Subfcribers to the Indeiiture or Deeds Poll therein mentioned as were dead, their feveral and refpe<Si:ive Succellbrs, Heirs and AiTigns, fhould be eredted int.Q one Company for the Purpofes aforefaid, and be incorporated by the Name oi The Company of Pror prietors of the Undertaking for recovering and prefrvin^ the Navigation of the River Dee, and have Power to do all fuch Ads as the faid Nathaniel Kinderly, his Heirs, Affigns or Nominees might have done, or were impowered to do by virtue of the faid A£t of the fixth Year of his prefent Majefty, and to take and receive all fuch Duties, Tonnage Dues and Payments whatfoever, as the faid Nathatiiel Kinderly, his Heirs, Affigns or Nominees were impowered to do by the faid Aft, and to embank, inclofe, improve and apply to the Jk of the faid Company the White Sand, Soil aiKl Ground, and other Lands whatfoever by the faid P-&. vefted in the faid Nathaniel Kinderly, his Heirs, Affigns and Nominees, upon the Terms and Conditions in the faid Aft mentioned, in the fame Mariner as the faid Nathaniel Kinderly, his Pleirs, Affigns or Nominees might have done, fubjed to the Limitations, Conditions and Reftiidions in the faid Ad mentioned : And whereas the To-nnage Rates and Duties appointed to be paid by the faid Act of Parliament of the fixth Year of his prefent Majefty, being by Experience found to be too High, and to be a Difcouragement to the Trade of the faid City of Chejhr, by one other Adt of Parliament made in the feventeenth If ear of his prefent Majefty's Reign, intituled, 'Jn ASt for explaining and amending an A£i^i Geo. 2. e,2S. paffed in the fixth Year of his prefent Majejiy's Reign, intituled, An Ail to rccov r and preferve the Naviga- tion of the RiverDce. in the County Palatine of ChzHtr, and another Ad pafted in the fourteenth Year of his prefent Majefty's Reign, intituled. An Ail for incorporating the Undertakers of the N.vigaiion of the River Dee; and for repealing the Ton7iage" Rates payable to the faid Undertakers ; and for granting to them other Tonnage and Keelage Rates in lieu thereof ; and for other Purpofes therein mentioned; the faid Tonnage Rates payable to the faid Undertakers were repealed, and new Rates granted and appointed to be paid to them in lieu thereof, and it was by the fame Ad of the feventeenth Year of his prefent Majefty's Reign further provided arid enaded, That nothing therein, or in the faid Ads of the fixth arid fourteenth Years of his prefent Majefty's Reign, or either of them c. mtained, fnould extend or be deemed, or conftrued to extend to hinder or reftrain ?>u'John Glymie Baronet, Lord of the Manor of Havjardcn in the County oi Flint, his Heirs or Affigns, or any other of the Proprietors of Lands, Grounds or Salt Marflies wi;hirt the faid Manor oi Havjardcn, or any other Perfon or Perfons having or being intitled to Right of Com- mon thereon, their Heirs or Affigns, from having, ufing or enjoying the Lands, Grounds or Salt Marffces lying on either Side of the Banks and Forelands of the faid new Channel made by the faid Undertakers, which were greenfword or grafted over at the Time of paffing the faid Ad of the fixth Year of his Ma- jefty's Reia;n, and not vefted in the faid Naihaniel Kinderley, his Heirs or Affigns or Nominees, or in the faid Company of Proprietors of the Undertaking for recovering and preferving the Navigation of the according to his and their refpedive Lftate, Right, Title or Intereft therein, in fuch Manner and v/ith the li;:e Ben: fit and Advantage, as he or they could, might or ought to have nad or done, incafe that oT the faid before-mentioned Ads had never been made, fo as fuch Enjoyments, Rights, Liberties- and Pri- vileges did not infringe upon, or dercgate from the Powers given to the faid Undertakers, for completing and preferving_the faid Navigation, and recovering from the Sea the faid White Sands by that Ad, .ot by the faid P^ of the fixth Year of his prefent Majefty : And whereas fince the making the fald^ laft- n-.entioned Ad feveral Doubts and Dirt'erences have arilen betv/een the faid Company and the faid Sir iohn Ghmu and feveral other of the Proprietors of Lands, and Perfons intitled to Common in the Salt •^ ^ Y y y 2 ' Marflies