[River] Dee Standard Restoration Act 1851
|Publication Date:||January 01, 1851|
(14 & 15 Vict.) c. lxxxvii
An Act for the Restoration of the Standard in the River Dee, and for granting further Powers to the River Dee Company.
[24th July 1851]
ANNO DECIMO QUARTO & DECJMO QUINTO VICTORIA REGIN.E ********#****#************************************* Cp.lxxxvii. An Act for the Restoration of the Standard in the River Dee, and for granting further Powers to the River Dee Company. [24th July 1851.] w THERE AS by an Act passed in the Eleventh and Twelfth ' Years of the Reign of King William the Third, intituled An Act to enable the Mayor and Citizens of Chester to 11&12W.3 recover and preserve the Navigation of the River Dee, reciting that c'24* the said River Dee was theretofore navigable for Ships and Vessels of a considerable Burden from the Sea to the City of Chester^ but by Neglect of the said River, and for Want of sufficient Banks, Works, and Fences on the Sides thereof against the Flux and Reflux of the Sea, the Channel of the said River was become so various and uncertain, that by Sands and otherwise the Navigation of the said City Avas almost lost and destroyed, the Mayor and Citizens of the said City of Chester and their Successors were empowered from Time to Time and at all Times thereafter to make and keep the said River navigable from the Sea to the said City of Chester for Ships of One hundred Tons Burden or upwards; and to enable them so to do they were thereby authorized to levy certain Duties in the said Act mentioned, and the Property of the Sand, Soil, or Ground therein mentioned was, immediately from and after such Time as the said [Local. ] 14 M River 1242 14 & 15 VICTORIES, Cap.lxxxvii. The Dee Standard Restoration Act, 1851. River and Channel should be made navigable and passable with and for such Ships and Vessels to land from the said City of Chester, to be vested in the said Mayor and Citizens and their Successors for ever, and they were thereby authorized to defend, enclose, and improve the same, and receive the Rents and Profits thereof, and apply the same for maintaining and repairing the intended Works and Fences, and for making, erecting, and doing such farther and other Works, Fences, and Things from Time to Time as Occasion should require for making and keeping the said River navigable as aforesaid: And whereas by an Act passed in the Sixth Year of the 6G.2. c.30. Reign of His Majesty King George the Second, intituled An Act to recover and preserve the Navigation of the River Dee in the County Palatine of Chester, reciting the said Act passed in the Eleventh and Twelfth Years of the Reign of William the Third; and also reciting, that considerable Sums of Money had been laid out and expended pursuant to the said Act, but the said River was not made navigable, the Provisions for making the same navigable by the said recited Act being insufficient, and that the Time thereby granted for making the same navigable had then expired; and further reciting, that the Sands, Soil, and Ground not bearing Grass, commonly called " The White Sands" from the City of Chester to the Sea, and lying between the County of Chester on the North Side and the County of Flint on the South Side, were of great Breadth in most Places, and the said River not being navigable was chiefly owing to the Breadth of the said Sands, and to the shifting of the Channel from the One Side thereof to the other, as the Winds and Tide varied; and also that the said Sands, Soil, and Ground commonly called " The White Sands " were not nor were likely to be of any Advantage or Benefit to any Person whatsoever, unless the said River was bounded in and made navigable by Sea-walls, Banks, and Fences, which would require a very great . Expense as well to erect as to maintain and repair from Time to Time, and that if the said White Sands were recovered from the Sea by Sea-walls, Banks, and Fences, and the Channel of the said River Dee thereby confined to one certain Course, it would not only effectually make the said River navigable, but, vesting the said White Sands in the Undertakers of the said Navigation, would be a considerable Encouragement to the Undertaking; and also reciting, that the making the said River navigable would be a Means to advance the Trade of the said City of Chester9 and that great Benefit would accrue thereby to the Inhabitants thereof, and to the Towns and Countries adjacent to or near the said River, and that it would also increase the Number of Seamen and Watermen, and promote the publiG Good of this Kingdom; it wras enacted, that Nathaniel Kinderley, in. the said Act named, his Heirs and Assigns, and such Persons as he, his Heirs and Assigns, should nominate and appoint under his or their Hand and Seal, should be and they were thereby appointed Undertakers * of 14 & 15 VICTORIA, CapAxxxvn. 1243 ? - - ? __ . -_ . 1 ' ' ? _i_ - * _-? ? -. -- - ^ The Dee Standard Restoration Act, 1851. of the said Navigation, and empowered, at their own Costs and Charges, to make and keep the said River Dee navigable from the Sea to a certain Point within the Liberties of the said City of Chester called " Wilcox Point," in such Manner that there should be Sixteen Feet Water in every Part of the said River at a moderate Spring Tide, for Ships and Vessels to come and go to and from the said City, and to that end to alter, direct, and make the Channel of the said River to run through such Part of the said White Sands, or the Common Salt Marshes thereunto adjoining, or other Marshes therein mentioned, and to make, set up, and erect such and so many Banks, Walls, Sluices, Works, and Fences, in, upon, and through the said Sands and Marshes, for making, securing, maintaining, preserving, and continuing the said Channel of the said River within proper Bounds, as to the said iVa^ame/ Kinderley, his Heirs, Assigns, or Nominees, should seem proper or convenient, and for that Purpose to cleanse, scour, open, and enlarge or straighten and confine the said River and Channel, and other Streams adjacent thereto, or any Part or Parts thereof, and to dig, get, cut, remove, and carry away and use such Materials in or upon the said White Sands, or Lands and Marshes therein mentioned, as he the said Nathaniel Kinderley, his Heirs, Assigns or Nominees, should think fit or necessary, either for making of the said River navigable, or for keeping the same navigable, or for the bringing in any other Streams, Brooks, or Watercourses into the said River, for the better carrying on or effecting the said Undertaking; and by this Act now in recital, after reciting that the said Nathaniel Kinderley, his Heirs, Assigns, or Nominees, would necessarily be at considerable Charge and Expense in making the said River navigable, and in repairing and keeping up the same fit for such Navigation as aforesaid, they were empowered, so soon as the said River was made navigable and passable for Ships and Vessels, as in the said Act was expressed, to take and receive such Duties and Tonnage as in the said Act are mentioned; and for the better enabling the said Nathaniel Kinderley, his Heirs, Assigns, or Nominees, to make and keep the said River navigable as aforesaid, all that Sand, Soil, Ground, Marsh, and Salt Grass lying and being between the New Tower in or near the said City of Chester and the Marsh of John Crew Esquire commonly called Blacon Marsh and a certain Gutter called Finchetfs Gutter, and between the enclosed Ground adjoining to the said Salt Grass and the said River, bounded upon the South by a Right Line to be drawn directly West from the said New Tower to the said River, and upon the South-west and West by the said River and the White Sands, and upon the North and North-east by the said Blacon Marsh, Finchett's Gutter, and the Stone Bridge, and upon the East by the Starting Stone and the enclosed Lands adjoining to the said Salt Grass, and all other the Sands, Soil, and Ground commonly called the White Sands, lying and being between the Common Salt Marshes on the South Side of the said River and i244 14 & 15 VICTORIES, Cap.lxxxvii. The Dee Standard Restoration Act, 1851. and the Hundred of Wirral in the said County of Chester on the North Side of the said River, and between the Marsh or Marshes of John Wright Esquire called Brewers" Hall Marsh and the Sea, (excepting as therein excepted,) should from and immediately after such Time as the said River should be made navigable and passable for Ships and Vessels in manner aforesaid be vested in the said Nathaniel Kinderley, his Heirs, Assigns, or Nominees, for ever, to the Use of the said Nathaniel Kinderley, his Heirs, Assigns, or Nominees, for ever; and that it should and might be lawful to and for the said Nathaniel Kinderley, his Heirs, Assigns, and Nominees, to defend, enclose, and improve the said White Sands, Soil, and Ground, and to take the Rents and Profits thereof, to and for his and their proper Use and Uses, any Law, Statute, or Custom to the contrary in anywise notwithstanding, subject nevertheless to the Provisoes and Conditions in the said Act now under recital mentioned: And whereas by an Act passed in the Fourteenth Year of the Reign of His Majesty King George the Second, 14 G. 2. c. 8. intituled An Act for incorporating the Undertakers of the Navigation of the River Dee, it was amongst other things enacted, that the several Persons therein named Proprietors of the Undertaking for recovering and preserving the Navigation of the said River Dee, and the Representatives of such of the Subscribers to the Indenture or Deeds Poll therein mentioned as were dead, their several and respective Successors, Heirs, and Assigns, should be created into One Company for the Purposes aforesaid, and be incorporated by the Name of the Company of the Proprietors of the Undertaking for recovering and preserving the Navigation of the River Dee, and have Power to do all such Acts as the said Nathaniel Kinder ley, his Heirs, Assigns, or Nominees, might...
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